It shall be unlawful for any data center to make or continue to cause or permit to be made or continued, noise levels constituting a noise disturbance. For the purposes of this section, the external noise level emanating from data centers shall be deemed disturbing to a person, reasonably calculated to disturb the peace and unreasonably offensive and injurious to the public, or their property, if the sound level is:
(A) 65 dBa or higher during the hours of 8:00 a.m. to 10:00 p.m. or 55 dBa or higher during the hours of 10:00 p.m. to 8:00 a.m. (as determined by a third-party acoustic engineer) measured at the property line of the receiving property.
(B) The standard which may be considered in determining whether a violation of this chapter exists includes but is not limited to the following:
(1) The level or volume of the noise;
(2) The time of day or night the noise occurs;
(3) The duration of the noise;
(4) Whether the noise is recurrent, intermittent or constant;
(5) Whether proper and reasonable noise attenuation methods were followed and maintained.
(Ord. 2023-18, passed 7-18-23)