§ 154-15.11  Noise Limitation Standards for B-1 and B-2 Commercial Zones.
   (A)   The application for any building permit, or business license for a new business, which consists of a single use or single building of 35,000 square feet or greater gross floor area, and which is located within 300 feet of any residential district, and which includes an outdoor use, operation between the hours of 9:00 p.m. and 7:00 a.m., an exterior loading dock, unscreened mechanical equipment or an outdoor trash compactor (for which an acoustical engineering report has not been previously provided and approved by the city for the same use) shall be accompanied by an acoustical engineering report prepared by a person who is a board certified member of the Institute of Noise Control Engineers indicating the means by which the applicant proposes to comply with the provisions of this section. It shall include drawings, measurements and methods of mitigation in sufficiency to show such compliance. If the city determines that the report needs to have an independent review, the cost of the independent review of the report and drawings by a person who is a board certified member of the Institute of Noise Control Engineers shall be paid in equal half amounts by the applicant and the city. Prior to the independent review of the report, the applicant shall deposit with the city a sum equal to one-half of the cost of the review as determined by the City Engineer. City approval and issuance of a building permit or a business license shall be contingent upon the city approval of the acoustical engineering report and the provision of all recommended mitigation measures recommended by the report.
   (B)   The operation of facilities, including but not limited to trucking operations, loading operations, operation of mechanical equipment, trash compaction and exterior cleaning operations, but excluding trash and garbage collection operations, shall not produce noise, when measured on any portion of residential property within 300 feet of the property line of the commercial operation to exceed the following standards:
      (1)   From 7:00 a.m. to 9:00 p.m. = 55 decibels average, not to exceed 75 decibels; and
      (2)   From 9:00 p.m. to 7:00 a.m. = 45 decibels average, not to exceed 65 decibels.
   (C)   Where the ambient noise level is greater than the minimum decibels average stated in this section, the decibels average shall be increased to the level of the ambient noise. Each of the noise limits specified above shall be reduced by five dB(A) for noise associated with the sudden release of air or steam, or impact, or bells, or horns, or humming, or screeching, or predominant tone noise, or truck or vehicle idling, or fork-lift operational warning noises, or noise consisting of speech or such speech as would be generated by a paging system.
(Ord. O2010-32, passed 7-7-2010)