(A) Noise radiating from all properties or buildings, as measured at the boundaries of the property, which is in excess of the dB(a) established for the districts and times herewith listed shall constitute prima facie evidence that such noise unreasonably disturbs the comfort, quiet and repose of persons in the area and is therefore in violation of this subchapter. As an example, such noise shall include those emitting from the production, processing, cleaning, servicing, testing, repairing and manufacturing of materials, goods or products, including vehicles.
(B) Decibel limitations.
Zoning Districts
| Limitations 6:00 a.m. to 11:00 p.m. | Limitations 11:00 p.m. to 6:00 a.m. |
Residential (including any area within 500 feet of a hospital or any dwelling under separate ownership regardless of zoning district) | 65 dB(a) | 60 dB(a) |
Commercial where at least 500 feet from any dwelling under separate ownership | 70 dB(a) | 65 dB(a) |
Industrial | 75 dB(a) | 70 dB(a) |
(C) Harmonic or pure tones, and periodic or repetitive impulse sound shall be in violation when such sounds are at a sound pressure level of 4 dB(a) less than those listed above.
(D) When property is partly in two zoning districts or adjoins the boundary of a zoning district, the dB(a) levels of the zoning district of the property where the noise is emanating shall control.
(E) Violations shall exist when the source or sources of noise are identifiable, and the levels emanating from the source or sources exceed the above limitations.
(F) The following exceptions shall apply to these regulations under this section:
(1) Construction projects shall be subject to the maximum permissible noise levels specified for industrial districts as long as a valid building permit has been issued by the public authorities and is currently in effect.
(2) Noises caused by home or building repairs or from maintenance of grounds are excluded, provided, such noise does not exceed the limitations specified in § 94.20, by more than 20 dB(a) between 6:00 a.m. and sundown.
(3) Noises emanating from the discharge of firearms, providing the discharge of the firearms was authorized under Michigan law and all local ordinances.
(4) Any commercial, agricultural or industrial use of property which exists now or in the future as a legal nonconforming use (as defined in the city zoning ordinance) in a higher zoning classification shall be allowed to emit noise in excess of these limitations for the particular zoning classification where such use is located, providing that such noise does not exceed either of the following limitations:
(a) The noise level emitted by such use at the time it became a legal nonconforming use as a result of the enactment of an amendment of the city zoning ordinance.
(b) The limitations contained herein based upon such a use being located in the highest zoning district (either commercial or industrial) where such a use is specifically allowed as a permissible use.
(Ord. 164, passed 12-17-73; Am. Ord. passed 5-20-75; Am. Ord. 292, passed 3-19-07) Penalty, see § 10.99
Editor's note:
The city zoning ordinance is available for public inspection at the office of the City Clerk.