(a) General provisions.
(1) A person may not conduct a use that creates a noise level that exceeds the levels established in Subsections (b) through (e) or that exceeds the background level by five dB(A), whichever is greater.
(2) A sound level meter that meets the standards of the American Standards Association must be used to determine whether the level of noise violates this section. The instrument must be maintained in good working order. A calibration check should be made prior to and following any noise investigation.
(3) Traffic, aircraft, and other background noises are not considered in measuring noise levels except when the background noise level is being determined.
(4) For purposes of this section, any identifiable portion of a planned development (PD) district governed by a distinct set of use regulations is considered to be a separate zoning district. If the PD district or a portion of the district is limited to uses permitted in an expressly stated zoning district, the PD district or portion of the district is considered to be that zoning district; otherwise it is considered to be:
(A) an MF-3 zoning district if it is restricted to residential uses and those nonresidential uses permitted in a residential district; otherwise
(B) an I-3 zoning district if it allows one or more uses that are only permitted in that district; otherwise
(C) an I-2 zoning district if it allows one or more uses that are only permitted in an LC, HC, or industrial district; otherwise
(D) if it does not fit into one of the above categories, a GR district.
(5) The requirements of this section do not apply to:
(A) mobile sources;
(B) construction/demolition activities regulated by Chapter 30;
(C) special events for which a special events permit is issued under Chapter 42A;
(D) sound generating equipment or apparatus to warn the public of an emergency or for public safety;
(E) noise from use-related loading/unloading operations that impact residential areas when conducted during daytime hours; or
(F) the following activities, as long as they are conducted between the hours of 7:00 a.m. and 10:00 p.m., Monday through Friday, and between the hours of 8:00 a.m. and 7:00 p.m. on Saturday, Sunday, and legal holidays as a normal function of a permitted use and the equipment is maintained in proper working condition:
(i) Lawn maintenance.
(ii) Repair of personal use vehicles.
(iii) Home repair of place of residence.
(b) Permissible sound pressure level in residential districts. In a residential district, a person may not conduct a use so as to create a sound pressure level on the bounding lot line that exceeds the decibel limits contained in the following table:
Maximum Permissible Daytime Decibel Limits at the Bounding Lot Line of a Residential District | |
A Scale | |
Decibel Limit (dBA re 0.0002 Microbar) | 56 |
(c) Permissible sound pressure level in office, retail, and P districts.
(1) In an office, retail, or P district, a person may not conduct a use so as to create a sound pressure level on the bounding lot line that exceeds the decibel limits contained in the following table:
Maximum Permissible Daytime Decibel Limits at the Bounding Lot Line of an Office, Retail, or P District | |
A Scale | |
Decibel Limit (dBA re 0.0002 Microbar) | 63 |
(2) The sound pressure level at the boundary line between a residential district, as defined both in this chapter and in Chapter 51A, and an office, retail, or P district may not exceed the decibel limits specified in Subsection (b).
(d) Permissible sound pressure level in LC, HC, I-1, and I-2 districts.
(1) In an LC, HC, I-1, or I-2 district, a person may not conduct a use so as to create a sound pressure level on the bounding lot line that exceeds the decibel limits contained in the following table:
Maximum Permissible Daytime Decibel Limits at the Bounding Lot Line of a Use in an LC, HC, I-1, or I-2 District | |
A Scale | |
Decibel Limit (dBA re 0.0002 Microbar) | 65 |
(2) The sound pressure level at the boundary line between a residential district, as defined both in this chapter and in Chapter 51A, and an LC, HC, I-1, or I-2 district may not exceed the decibel limits specified in Subsection (b)(1).
(3) The sound pressure level at the boundary line between an office, retail, mixed use, multiple commercial, or parking district, as defined both in this chapter and in Chapter 51A, and an LC, HC, I-1, or I-2 district may not exceed the decibel limits specified in Subsection (c)(1).
(e) Permissible sound pressure level in an I-3 district.
(1) In an I-3 district, a person may not conduct a use so as to create a sound pressure on the bounding lot line that exceeds the decibel limits contained in the following table:
Maximum Permissible Daytime Decibel Limits at the Bounding Lot Line of a Use in the I-3 District | |
A Scale | |
Decibel Limit (dBA re 0.0002 Microbar) | 70 |
(2) The sound pressure level at the boundary line between a residential district, as defined both in this chapter and in Chapter 51A, and an I-3 district may not exceed the decibel limits specified in Subsection (b)(1).
(3) The sound pressure level at the boundary line between an office, retail, mixed use, multiple commercial, or parking district, as defined both in this chapter and in Chapter 51A, and an I-3 district may not exceed the decibel limits specified in Subsection (c)(1).
(4) The sound pressure level at the boundary line between an LC, HC, CS, LI, IR, I-1, or I-2 district and an I-3 district may not exceed the decibel limits specified in Subsection (d)(1).
(f) Noise level adjustments.
(1) The maximum permissible noise levels contained in Subsections (b)(1), (c)(1), (d)(1), and (e)(1) are subject to the following adjustments:
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Noise is present at nighttime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subtract 7db
Noise is impulsive (meter reading changes
at a rate greater than 10 decibels per second). . . . . . . . . . . . . . . . . . . Subtract 7db
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Noise has an “On Time” of no more than: | And an “Off Time” between successive “On Times” of at least: | ||
0.5 Minutes | 1/2 | Hour/ | |
5.0 Minutes | 1 | Hour/ | Add 10 Decibels to permitted level |
10.0 Minutes | 2 | Hours/ | |
20.0 Minutes | 4 | Hours/ | |
(2) “Off-time” is when the level of the primary noise being measured does not exceed that of the background noise by more than five dB(A). (Ord. Nos. 17501; 19455; 19786; 19995; 29424; 30895)