The context
Under the previous ordinance, live music required a special use permit, or SUP. These permits are intended for short-term events and construction, cost $3,000 and take staff approximately three months to review, Adam McKee, city of Buda development project manager, said during the meeting.
The temporary permits were not meant for nightly music, and the decibel and hour limits were not designed for entertainment purposes.
What’s new
The Texas Legislature passed Senate Bill 1008, limiting municipal authority over restaurants more than 300 feet from a residence.
The city developed the ordinance amendment to better comply with the bill and create a clear framework for live music at businesses that the city retains regulatory power over, according to agenda documents.
The ordinance amendment:
- Removes the need for SUPs for live music in some zoning districts
- Limits temporary noise permits to short-duration events
- Establishes hours and decibel limits
- Introduces “music venue permits” for businesses wanting to exceed the base decibel level
- Requires sound mitigation efforts specific to each venue
- Provides objective approval and enforcement criteria
The ordinance amendment will primarily impact venues hosting full-band, amplified music that will consistently exceed base ordinance noise limits.
Businesses more than 300 feet from a residence that meet state sound and hour limits will not be affected by the ordinance. Businesses that do not host regular live music events with amplified sound, or whose amplified sound does not exceed the base decibel limits, will also not be affected.
The conditions
The city will waive music venue permit fees through March 2027 to give businesses time to prepare for the ordinance change. City staff are available to assist businesses with permit applications and compliance expectations. A standard fee will be implemented after March 2027.
