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Unless otherwise indicated, any decibel (dB) measurement made pursuant to the provisions of this article shall be based on the reference sound pressure and measured with an approved sound-level meter. Reference sound pressure will be measured as LAeq for A-Weighted and LCeq for C-Weighted.
(A) Except as provided in division (C) below, Residential, Commercial, Downtown Arts and Entertainment Focus Area, and Industrial/Manufacturing properties are to be measured from inside the Structure located on the receptor premises. Any indoor noise measurements for compliance purposes should be taken in a location which could be reasonably assumed to affect one or more persons. For residential receptor premises, inside noise level measurements are performed in sleeping or living areas with windows opened to approximately 25% of their maximum in residences without mechanical ventilation and with windows closed for residences with mechanical ventilation.
(B) Public premises are to be measured at a reasonable distance from walls or similar large reflecting surfaces and with the approved sound-level meter protected from the effects of wind and other extraneous sounds by the use of screens when appropriate.
(C) In the case where the receptor premises is located in a residential zoning district and the source premises is located in a commercial or industrial/ manufacturing zoning district, measurements shall be measured outside within 25 feet from any side of the residential structure which is nearest to the source premises.
('74 Code, § 6-22-3) (Ord. 21- 1975; Am. Ord. 9-2001; Am. Ord. 2017-002)
(A) Except as otherwise provided in this article, no person shall make or continue, cause to be made or continued, or allow to be made or continued, any sound that persistently or continuously results in an exceedance of the following sound level limits using an approved sound-level meter measuring decibels on the A-Weighted scale.
Table 1 (A-Weighted measurements in decibels (dB))
Receptor Premises | ||||||
Numbers indicate decibel (dB) levels | Residential | Commercial and Downtown Arts and Entertainment Focus Area | Industrial/ Manufacturing and Public Premises | |||
Source Premises | Daytime | Nightti me | Daytime | Nighttime | Daytime | Nighttime |
Residential | 55 | 50 | 65 | 60 | 75 | 70 |
Commercial and Downtown Arts and Entertainment Focus Area | 55 (indoor ) 60 (outdoor) | 50 (indoor ) 55 (outdoor) | 65 | 60 | 75 | 70 |
Industrial/Manufa cturing and Public Premises | 55 (indoor ) 60 (outdoor) | 50 (indoor ) 55 (outdoor) | 65 | 60 | 75 | 70 |
(B) Except as otherwise provided in this article, no person shall make or continue, cause to be made or continued, or allow to be made or continued, any sound that persistently or continuously results in an exceedance of the following sound level limits using an approved sound-level meter measuring decibels on the C-Weighted scale.
Table 2 (C-Weighted measurements in decibels (dB))
Receptor Premises | ||||||
Numbers indicate decibel (dB) levels | Residential | Commercial and Downtown Arts and Entertainment Focus Area | Industrial/ Manufacturing and Public Premises | |||
Source Premises | Daytime | Nighttime | Daytime | Nighttime | Daytime | Nighttime |
Residential | 60 | 55 | 70 | 65 | 80 | 75 |
Commercial and Downtown Arts and Entertainment Focus Area | 60 (indoor ) 65 (outdoor) | 55 (indoor ) 60 (outdoor) | 70 | 65 | 80 | 75 |
Industrial/Manufa cturing and Public Premises | 60 (indoor ) 65 (outdoor) | 55 (indoor ) 60 (outdoor) | 70 | 65 | 80 | 75 |
(C) No person shall allow an animal in his possession or control to persistently or continuously bark, howl or make noise common to its species, or otherwise to disturb the peace and quiet of the inhabitants of the city, or otherwise endanger the health and welfare of the inhabitants of the city. This provision shall not apply to public zoos and approved and properly zoned animal shelters as defined in the Humane and Ethical Animal Rules and Treatment Ordinance.
(D) Except for work authorized by a governmental body or agency, no person shall, on or within 500 feet of any noise- sensitive property, operate or cause to be operated any equipment used in construction, repair, alteration, excavation, grading or demolition work on buildings, structures, streets, alleys or appurtenances thereto:
(1) With sound-control devices less effective than those provided on the original equipment; and without using noise mitigation measures.
(2) On Sundays or holidays or between 10:00 p.m. and 6:00 a.m., without first obtaining a Temporary Construction Noise Permit as described in § 9-9-5.
('74 Code, § 6-22-14) (Ord. 21- 1975; Am. Ord. 30-1981; Am. Ord. 9-2001; Am. Ord. 2017-002)
(A) The Mayor may grant a temporary permit which allows non-compliance with the limitations prescribed in this article for the purpose of amplified sound or construction noise activities of short duration.
(B) Permits shall be granted upon application, at no cost to applicant, provided an initial evaluation indicates that the permit will not result in a condition injurious to health or safety.
(C) The following factors shall be considered in the initial evaluation to determine whether granting the permit will result in a condition injurious to health or safety:
(1) Temporary Permits for use of sound amplifying equipment:
(a) Distance of proposed activities from noise-sensitive property;
(b) Number of amplification devices to be used in the proposed activities;
(c) Anticipated direction of amplification devices;
(d) Anticipated length of proposed activities;
(e) Whether the activity will be held within or without a structure; and
(f) Other circumstances or conditions that may be impacted or aggravated by the proposed activities.
(2) Temporary Construction Noise Permits:
(a) Distance from noise-sensitive property;
(b) Type of activity and equipment;
(c) Estimated noise level and duration;
(d) Noise mitigation measures to be used;
(e) Health and safety benefits to be realized as a result of the completed project; and
(f) Other circumstances or conditions that may be impacted or aggravated by the proposed activities.
(D) Upon a determination that the granting of a permit will not result in a condition injurious to health or safety, the permit shall be issued specifying place, duration, and any requirements appropriate to the proposed activity site, which may include maximum sound level limits.
(E) Unless other dates and times are explicitly addressed in the permit, permitted noise shall not continue past 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday. On Friday and Saturday, permitted noise shall not continue past 12:00 a.m.
(F) Issued permits become void and shall be surrendered to any city police officer or any representative of the Mayor authorized to enforce this article upon request when it is determined that any requirement contained in the permit has been violated. Upon revocation of the permit, permitted activities must either immediately cease or must be in compliance with the limitations prescribed in this article.
(G) A subsequent permit application by the same applicant or another applicant may be denied upon substantiated complaint(s) by resident(s) in the locality of the previously permitted activity or if an applicant has in the past been required to surrender a permit as described in division (F).
(H) This section shall not apply to any person who has been granted a variance as prescribed by § 9-9-6.
(I) Any person aggrieved by the disposition of an application for a temporary permit may appeal such disposition by filing a written petition with the Mayor within 30 days of the disposition.
('74 Code, § 6-22-5) (Ord. 30-1981; Am. Ord. 9-2001; Am. Ord. 2017-002)
(A) The Mayor may grant an individual variance from the limitations prescribed in this article whenever it is found, after a public hearing before a Hearing Officer and upon presentation of adequate proof, that compliance with any part of this article will impose an undue economic burden upon any lawful business, occupation or activity, and that the granting of the variance will not result in a condition injurious to health or safety.
(B) Any variance, or renewal thereof, shall be granted within the requirements of division (A) of this section and for time periods and under conditions consistent with the reasons therefore, and within the following limitations:
(1) If the variance is granted on the grounds that compliance with the particular requirement or requirements will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the Mayor, is requisite for taking of the necessary measures. A variance granted on the ground specified in this division shall contain a timetable for taking of action in an expeditious manner and shall be conditioned on adherence to the timetable; or
(2) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in division (1) of this division (B), it shall be for not more than one year.
(C) Any person seeking a variance shall file a petition for variance with the City Clerk's Office. The hearing shall be conducted after notice has been provided In accordance with this section and to make the final decision regarding the granting of the variance. The Hearing Officer shall conduct the hearing and accept documentary and testimonial evidence in accordance with accepted administrative hearing procedures
(D) Written notice of the public hearing shall be mailed by the Hearing Officer at least 10 days prior to the hearing to:
(1) the petitioner;
(2) the petitioner's agent;
(3) the owners as shown by the records of the County Assessor of lots comprising the site of the variance and lots within 100 feet, excluding public right-of-way, of the site of the variance;
(4) any neighborhood association or homeowner association that has notified the City Office of Neighborhood Coordination of two persons' addresses where it wishes notice to be sent if the site of the variance is within the neighborhood or homeowner association's boundaries or within 100 feet of the neighborhood or homeowner association's boundaries, excluding public right-of-way.
(5) any other person or entity that has filed with the Mayor a request to receive a notice of the variance proceeding.
(E) The notice of hearing shall set forth the name and address of the petitioner, the location of the site of the variance, that the petitioner has requested a variance from this ordinance, the nature of the requested variance, and that part of the ordinance that would be waived if approved.
(F) Following the hearing, the Hearing Officer shall render a written final decision including findings of fact and conclusions of law. The Hearing Officer shall mail the decision to all parties of record. The exclusive remedy for any parties to the administrative proceedings described in this paragraph shall be a petition for writ of certiorari to the State District Court. The petition for review shall be limited to the record made at the public hearing described herein.
('74 Code, § 6-22-4) (Ord. 21- 1975; Am. Ord. 30-1981; Am. Ord. 9-2001; Am. Ord. 42-2007; Am. Ord. 2017-002; Am. Ord. 2023-015)
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