(a) Sound resulting from any commercial or noncommercial activity shall not exceed the following between the hours of 7:00 a.m. and 7:00 p.m. for more than three (3) hours of total time accumulated within twenty-four (24) hours:
(1) Sixty (60) dBA in single-family and multi-family residential districts;
(2) Seventy (70) dBa in commercial districts; and
(3) Eighty (80) dBa in industrial and conservation districts.
(b) Sound resulting from any commercial or noncommercial activity shall not exceed the following between the hours of 7:00 p.m. and 7:00 a.m. for more than three (3) hours of total time accumulated within twenty-four (24) hours:
(1) Fifty-five (55) dBA in single-family and multi-family residential districts;
(2) Sixty-five (65) dBa in commercial districts; and
(3) Seventy-five (75) dBa in industrial and conservation districts.
(c) Sound limits shall apply and be measured from all property lines and from the right-of-way nearest to the origin of the sound. Measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five (5) miles per hour. In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement.
(d) Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of project.
(e) All railroad rights-of-way shall be considered as industrial zones for the purposes of this article, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone.
(f) This Section does not apply to the operation of aircraft or to other activities which are subject to federal law with respect to noise control or to the use of property by the State of West Virginia, any political subdivision of the State of West Virginia, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. (Ord. 319. Passed 6-18-24.)