§ 83.01.080  Noise.
   This Section establishes standards concerning acceptable noise levels for both noise-sensitive land uses and for noise-generating land uses.
   (a)   Noise Measurement.  Noise shall be measured:
         (1)   At the property line of the nearest site that is occupied by, and/or zoned or designated to allow the development of noise-sensitive land uses;
         (2)   With a sound level meter that meets the standards of the American National Standards Institute (ANSI § SI4 1979, Type 1 or Type 2);
         (3)   Using the “A” weighted sound pressure level scale in decibels (ref. pressure = 20 micronewtons per meter squared). The unit of measure shall be designated as dB(A).
   (b)   Noise Impacted Areas.  Areas within the County shall be designated as “noise-impacted” if exposed to existing or projected future exterior noise levels from mobile or stationary sources exceeding the standards listed in Subdivision (d) (Noise Standards for Stationary Noise Sources) and Subdivision (e) (Noise Standards for Adjacent Mobile Noise Sources), below. New development of residential or other noise-sensitive land uses shall not be allowed in noise-impacted areas unless effective mitigation measures are incorporated into the project design to reduce noise levels to these standards. Noise-sensitive land uses shall include residential uses, schools, hospitals, nursing homes, religious institutions, libraries, and similar uses.
   (c)   Noise Standards for Stationary Noise Sources.
      (1)   Noise Standards.  Table 83-2 (Noise Standards for Stationary Noise Sources) describes the noise standard for emanations from a stationary noise source, as it affects adjacent properties:
 
Table 83-2
Noise Standards for Stationary Noise Sources
Affected Land Uses (Receiving Noise)
7:00 a.m. - 10:00 p.m. Leq
10:00 p.m. - 7:00 a.m. Leq
Residential
55 dB(A)
45 dB(A)
Professional Services
55 dB(A)
55 dB(A)
Other Commercial
60 dB(A)
60 dB(A)
Industrial
70 dB(A)
70 dB(A)
Leq = (Equivalent Energy Level). The sound level corresponding to a steady-state sound level containing the same total energy as a time-varying signal over a given sample period, typically one, eight or 24 hours.
dB(A) = (A-weighted Sound Pressure Level). The sound pressure level, in decibels, as measured on a sound level meter using the A-weighting filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound, placing greater emphasis on those frequencies within the sensitivity range of the human ear.
Ldn = (Day-Night Noise Level). The average equivalent A-weighted sound level during a 24-hour day obtained by adding 10 decibels to the hourly noise levels measured during the night (from 10:00 p.m. to 7:00 a.m.). In this way Ldn takes into account the lower tolerance of people for noise during nighttime periods.
 
      (2)   Noise Limit Categories.  No person shall operate or cause to be operated a source of sound at a location or allow the creation of noise on property owned, leased, occupied, or otherwise controlled by the person, which causes the noise level, when measured on another property, either incorporated or unincorporated, to exceed any one of the following:
         (A)   The noise standard for the receiving land use as specified in Subdivision (b) (Noise-Impacted Areas), above, for a cumulative period of more than 30 minutes in any hour.
         (B)   The noise standard plus five dB(A) for a cumulative period of more than 15 minutes in any hour.
         (C)   The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour.
         (D)   The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour.
         (E)   The noise standard plus 20 dB(A) for any period of time.
   (d)   Noise Standards for Adjacent Mobile Noise Sources.  Noise from mobile sources may affect adjacent properties adversely. When it does, the noise shall be mitigated for any new development to a level that shall not exceed the standards described in the following Table 83-3 (Noise Standards for Adjacent Mobile Noise Sources).
 
Table 83-3
Noise Standards for Adjacent Mobile Noise Sources
Land Use
Ldn (or CNEL) dB(A)
Categories
Uses
Interior (1)
Exterior (2)
Residential
Single and multi-family, duplex, mobile homes
45
60(3)
Commercial
Hotel, motel, transient housing
45
60(3)
 
Commercial retail, bank, restaurant
50
N/A
 
Office building, research and development, professional offices
45
65
 
Amphitheater, concert hall, auditorium, movie theater
45
N/A
Institutional/Public
Hospital, nursing home, school classroom, religious institution, library
45
65
Open Space
Park
N/A
65
Notes:
(1)  The indoor environment shall exclude bathrooms, kitchens, toilets, closets and corridors.
(2)  The outdoor environment shall be limited to:
   ·   Hospital/office building patios
   ·   Hotel and motel recreation areas
   ·   Mobile home parks
   ·   Multi-family private patios or balconies
   ·   Park picnic areas
   ·   Private yard of single-family dwellings
   ·   School playgrounds
(3)   An exterior noise level of up to 65 dB(A) (or CNEL) shall be allowed provided exterior noise levels have been substantially mitigated through a reasonable application of the best available noise reduction technology, and interior noise exposure does not exceed 45 dB(A) (or CNEL) with windows and doors closed. Requiring that windows and doors remain closed to achieve an acceptable interior noise level shall necessitate the use of air conditioning or mechanical ventilation.
CNEL = (Community Noise Equivalent Level). The average equivalent A-weighted sound level during a 24-hour day, obtained after addition of approximately five decibels to sound levels in the evening from 7:00 p.m. to 10:00 p.m. and ten decibels to sound levels in the night from 10:00 p.m. to 7:00 a.m.
 
   (e)   Increases in Allowable Noise Levels.  If the measured ambient level exceeds any of the first four noise limit categories in Subdivision (d)(2), above, the allowable noise exposure standard shall be increased to reflect the ambient noise level. If the ambient noise level exceeds the fifth noise limit category in Subdivision (d)(2), above, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level.
   (f)   Reductions in Allowable Noise Levels.  If the alleged offense consists entirely of impact noise or simple tone noise, each of the noise levels in Table 83-2 (Noise Standards for Stationary Noise Sources) shall be reduced by five dB(A).
   (g)   Exempt Noise.  The following sources of noise shall be exempt from the regulations of this Section:
      (1)   Motor vehicles not under the control of the commercial or industrial use.
      (2)   Emergency equipment, vehicles, and devices.
      (3)   Temporary construction, maintenance, repair, or demolition activities between 7:00 a.m. and 7:00 p.m., except Sundays and Federal holidays.
   (h)   Noise Standards for Other Structures.  All other structures shall be sound attenuated against the combined input of all present and projected exterior noise to not exceed the criteria.
 
Table 83-4
Noise Standards for Other Structures
Typical Uses
12-Hour Equivalent Sound Level (Interior) in dBA Ldn
Educational, institutions, libraries, meeting facilities, etc.
45
General office, reception, etc.
50
Retail stores, restaurants, etc.
55
Other areas for manufacturing, assembly, testing, warehousing, etc.
65
 
   In addition, the average of the maximum levels on the loudest of intrusive sounds occurring during a 24-hour period shall not exceed 65 dBA interior.
(Ord. 4011, passed - -2007; Am. Ord. 4245, passed - -2014)