(a) Purpose. The responsibility for determining the relationship between acceptable and permissible land uses and specific noise levels rests with the City of Brook Park. Noise has the clear potential to cause substantial adverse effects on the public health, safety, convenience, comfort, prosperity and general welfare in the City of Brook Park beyond the boundaries of the property on which the noise is generated. Accordingly, this section establishes land use compatibility guidelines and criteria for noise impacts which are to be considered in all zoning and planning decisions by the City of Brook Park, and, to the maximum extent permitted by Federal, State or local law, decisions by Federal and State governments, counties, townships and other municipalities and local governments.
(b) Definitions. Unless otherwise defined below, all terms in this section have the same meaning as set forth in Section 510.01 of the General Offenses Code of Brook Park. For the purposes of this section:
(1) "City" means the City of Brook Park, the Mayor, Council and any agency, department or instrumentality of the City of Brook Park and any officer, agent or employee thereof.
(2) "Commercial Area" means an area which is zoned as a Class U-3, U-3A, U-3B, U-3C or U-3D Use District.
(3) "Cultural Resource Area" means publicly or privately owned archeological or historical site of national, state or local significance.
(4) "Daytime" means the period from 7:00:01 a.m. to 9:59:59 p.m.
(5) "Day-Night Average Sound Level (Ldn)" means the annual average of the 24-hour energy average of A-weighted sound pressure level, with the levels during the Nighttime increased by 10 dBA before averaging, as computed in accordance with the methodology contained in the U.S. Environmental Protection Agency publication titled "Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety" (March 1974).
(6) "Equivalent A-Weighted Sound Level (Leq)" means the constant sound level that, in a given time period, conveys the same sound energy as the actual time-varying A-weighted sound level.
(7) "Industrial Area" means an area which is zoned as a Class U-4 or U-5 Use District.
(8) "Lmax" means the maximum sound level generated by a single noise event.
(9) "Maintenance" means the routine maintenance, repair, landscaping and similar activities to maintain a property, including any structures thereon, in good repair and neat appearance.
(10) "Municipal Area" means any area owned or operated by the City which is not otherwise defined.
(11) "Nighttime" means the period 10:00 p.m. to 7:00 a.m.
(12) "Noise Sensitive Area" means any area designated pursuant to subsection (c) hereof for the purpose of ensuring exceptional quiet and any area designated as a zone of quiet under Section 311.03 of the Traffic Code of Brook Park.
(13) "Planned Development Area" means an area which is zoned as a Class U-6 Use District.
(14) "Proposal" means any plan, proposal, report, study, or recommendation proposing any new activity or land use, or proposing any change in an existing activity or land use, whether within or without the boundaries of the City of Brook Park, which when implemented may result in any increase in the levels of noise, change the timing of noise or change the geographic distribution of noise, in any area within the City of Brook Park.
(15) "Public Entity" means the federal government, a state, any political subdivision of a state, any county, municipality, township or other local government, including any agency, department, instrumentality, officer, agent, or employee of the foregoing. The term "Public Entity" does not include the City.
(16) "Residential Area" means an area which is zoned as a Class U-1 or U-2 Use District.
(17) "School Area" means any public or private educational facility including, but not limited to, schools, colleges, universities, pre-schools, day care centers, or training facilities.
(18) "Weekday" means any day Monday through and including Friday which is not a legal holiday.
(19) "Weekend" means any day which is not a Weekday.
(c) Designation of Noise Sensitive Areas.
All religious facilities, hospitals, nursing homes, extended care facilities, homes for the aged, mental institutions, and other medical or psychological treatment facilities at which patients are cared for 24-hours-a-day are hereby designated as Noise Sensitive Areas.
Pursuant to such procedures as it may establish, the Planning Commission may designate additional properties as Noise Sensitive Areas if the Commission finds that the activities on the property require exceptional quiet and the designation would further the public health, safety, convenience, comfort, prosperity or general welfare of the City of Brook Park or otherwise serve the purposes of this chapter.
(d) Consideration of Land Use Compatibility Criteria by the City of Brook
(1) The City shall apply the following criteria in considering, preparing, approving, endorsing, adopting, commenting upon, or supporting any proposal:
A. Whether the proposal introduces any land use which creates an incompatibility, as defined in subsection (f) hereof;
B. Whether the proposal introduces noise which causes or contributes to an incompatibility as defined in subsection (f) hereof; and
C. Whether the proposal introduces noise which would interfere with projected or planned moderation in or elimination of incompatibilities as defined in subsection (f) hereof.
(2) The City may require a proposal sponsor to provide data necessary for the City to apply the foregoing criteria and may defer consideration, preparation, approval, endorsement, adoption, comment or support of the proposal pending receipt and analysis of satisfactory data.
(e) Consideration of Land Use Compatibility Criteria by Any Public Entity. To the maximum extent required or permitted by Federal, State or local law, for every proposal that is prepared, considered, approved, endorsed, adopted, supported or commented upon by any Public Entity, the Public Entity shall apply the criteria set forth in subsection (d)(1) hereof.
(f) Land Use Compatibility Guidelines.
(1) Table 1 sets forth the guidelines for land use compatibility that have been determined by the City of Brook Park to be consistent with promoting the public health, safety, convenience, comfort, prosperity and general welfare in the City of Brook Park. Compatibility is deemed to exist under these guidelines if noise levels for a land use designation do not exceed either the average levels in column A or the single event levels in column B.
TABLE 1 | ||
Land Use Designations | COLUMN A Day—Night Average Sound Levels (Ldn) | COLUMN B Single Event Noise Levels |
TABLE 1 | ||
Land Use Designations | COLUMN A Day—Night Average Sound Levels (Ldn) | COLUMN B Single Event Noise Levels |
Cultural Resource Areas | Below 55 dBA Ldn — compatible; 55 to 65 dBA Ldn —site specific study required pursuant to subsection (f)(3) hereof Above 65 dBA Ldn — incompatible | Must not impair substantially the value of the site in terms of its historical or cultural significance and must not constitute any "adverse effect" under 36 C.F.R. Part 800 |
Municipal Areas | Must not exceed 65 dBA Ldn | Must not exceed the maximum permissible sound level for commercial zoning designations established in Section 510.04 of the Brook Park Codified Ordinances. |
Nature trails and wildlife refuges | Must not exceed 60 dBA Ldn | Must not exceed the maximum permissible sound level for commercial zoning designations established in Section 510.04 of the Brook Park Codified Ordinances. |
Metro Parks | Must not exceed 60 dBA Ldn | Must not exceed the maximum permissible sound level for commercial zoning designations established in Section 510.04 of the Brook Park Codified Ordinances. |
Neighborhood parks and playgrounds | Must not exceed 55 dBA Ldn | Must not exceed the maximum permissible sound level for commercial zoning designations established in Section 510.04 of the Brook Park Codified Ordinances. |
Golf courses, ball fields, outdoor spectator sports areas, amusement areas, riding stables, and recreation areas not otherwise listed in this chart | Must not exceed 60 dBA Ldn | Must not exceed the maximum permissible sound level for commercial zoning designations established in Section 510.04 of the Brook Park Codified Ordinances. |
Outdoor amphitheaters, music shells | Must not exceed 50 dBA Ldn | During times of performances must not exceed the maximum permissible sound level for residential zoning designations established in Section 510.04 of the Brook Park Codified Ordinances. |
Auditoriums and concert halls | Must not exceed 60 dBA Ldn | Must not exceed the maximum permissible sound level for commercial zoning designations established in Section 510.04 of the Brook Park Codified Ordinances. |
Noise sensitive areas | Must not exceed 55 dBA Ldn | Must not exceed the maximum permissible sound level for commercial zoning designations established in Section 510.04 of the Brook Park Codified Ordinances. |
School areas, libraries | Must not exceed 55 dBA Ldn | Must not exceed the following: Weekday Daytime Interior noise level of 60 dBA Lmax; or interior noise level of 45 dBA Leg for the worst hour of the year |
Residential Areas | Must not exceed 55 dBA Ldn | Must not exceed the maximum permissible sound level for residential zoning designations established in Section 510.04 of the Brook Park Codified Ordinances. |
Commercial Areas | Must not exceed 65 dBA Ldn | Must not exceed the maximum permissible sound level for residential zoning designations established in Section 510.04 of the Brook Park Codified Ordinances. |
Industrial Areas | Must not exceed 70 dBA Ldn2 | Must not exceed the maximum permissible sound level for residential zoning designations established in Section 510.04 of the Brook Park Codified Ordinances. |
Planned Development Areas | Must not exceed 70 dBA Ldn | Must not exceed the maximum permissible sound level for residential zoning designations established in Section 510.04 of the Brook Park Codified Ordinances. |
(2) Site-specific studies. Because of the diversity of Cultural Resource Areas, site specific studies must be performed to determine the impact of noise upon such Areas if the average noise levels are less than 65 dBA Ldn but greater than 55 dBA Ldn. Such studies shall consider the use of the particular resource, its historic or cultural significance and the direct and indirect impact which noise may have upon the resource.
(3) Multiple land use designations. If a particular property fits within more than one land use designation, the more restrictive land use compatibility guideline shall apply.
(g) Projections. In applying the criteria set forth in subsections (d) and (e) hereof, the City or the Public Entity shall consider the compatibility of the proposal upon its implementation and during each fifth year thereafter over the projected life of the proposal, or twenty years, whichever is less.
(h) No Repeal. Nothing in this section shall be construed to repeal, amend or otherwise affect any other provision of the ordinances of the City of Brook Park including, but not limited to, Chapter 510 of the Codified Ordinances.
(i) Notice to Public Entity. The Mayor, or a person designated by the Mayor, shall send a copy of this section to every Public Entity owning real property within the boundaries of the City of Brook Park. The Mayor, or a person designated by the Mayor, also shall send a copy of this section to any Public Entity which the Mayor has reason to believe may be affected by this section.
(Ord. 7864-1993. Passed 10-19-93.)