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 section SI4 1979, type 1 or type 2);
3. Using the "A" weighted sound pressure level scale in decibels (ref. pressure = 20 micro newtons per meter squared). The unit of measure shall be designated as dB(A).
B. Noise Impacted Areas: Areas within the town 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 subsections C1, "Noise Standards For Stationary Noise Sources", and C3, "Noise Standards For Adjacent Mobile Noise Sources", of this section. 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: The following legend is for use with all tables in this section:
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 1, 8 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 deemphasizes 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. |
CNEL | = | Community noise equivalent level. The average equivalent A-weighted sound level during a 24 hour day, obtained after addition of approximately 5 decibels to sound levels in the evening from 7:00 P.M. to 10:00 A.M. and 10 decibels to sound levels in the night before 7:00 A.M. and after 10:00 P.M. |
1. Noise Standards For Stationary Noise Sources: Table 3-15, "Noise Standards For Stationary Noise Sources", of this section describes the noise standard for emanations from a stationary noise source, as it affects adjacent properties:
TABLE 3-15
NOISE STANDARDS FOR STATIONARY NOISE SOURCES
Affected Land Uses | 7:00 A.M. To 10:00 P.M. Leq | 10:00 P.M. To 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) |
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 subsection B, "Noise Impacted Areas", of this section, for a cumulative period of more than thirty (30) minutes in any hour.
b. The noise standard plus five (5) dB(A) for a cumulative period of more than fifteen (15) minutes in any hour.
c. The noise standard plus ten (10) dB(A) for a cumulative period of more than five (5) minutes in any hour.
d. The noise standard plus fifteen (15) dB(A) for a cumulative period of more than one minute in any hour.
e. The noise standard plus twenty (20) dB(A) for any period of time.
3. 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 table 3-16, "Noise Standards For Adjacent Mobile Noise Sources", of this section.
TABLE 3-16
NOISE STANDARDS FOR ADJACENT MOBILE NOISE SOURCES
Categories | Uses | Ldn (Or CNEL) dB(A) | |
Interior1 | Exterior2,3 | ||
Categories | Uses | Ldn (Or CNEL) dB(A) | |
Interior1 | Exterior2,3 | ||
Residential | Single-family, multi-family, duplex, mobilehomes | 45 | 60 |
Commercial | Amphitheater, concert hall, auditorium, movie theater | 45 | n/a |
Commercial retail, bank, restaurant | 50 | n/a | |
Hotel, motel, transient housing | 45 | 60 | |
Office building, research and development, professional offices | 45 | 65 | |
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
Mobilehome 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.
D. Increases In Allowable Noise Levels: If the measured ambient level exceeds any of the first four (4) noise limit categories in subsection C2 of this section, 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 subsection C2 of this section, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level.
E. 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 3-15, "Noise Standards For Stationary Noise Sources", of this section shall be reduced by five (5) dB(A).
F. 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 seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M., except Sundays and federal holidays.
G. 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 shown in table 3-17, "Noise Standards For Other Structures", of this section.
TABLE 3-17
NOISE STANDARDS FOR OTHER STRUCTURES
Typical Uses | 12 Hour Equivalent Sound Level (Interior) In dB(A) Ldn |
Educational, institutions, libraries, meeting facilities, and similar | 451 |
General office, reception, and similar | 501 |
Retail stores, restaurants, and similar | 551 |
Other areas for manufacturing, assembly, testing, warehousing, and similar | 651 |
Note:
1. In addition, the average of the maximum levels on the loudest of intrusive sounds occurring during a 24 hour period shall not exceed 65 dB(A) interior.
(Ord. 254, 12-16-2014)