§ 9.09.00. Noise Protection Standards.

9.09.01 Purpose and Applicability.

A.

The purpose of this section is to require new development to consider noise impacts to different land uses. This section shall be implemented so as to promote noise compatibility between existing and proposed land use and to provide for mitigation measures in the design and layout of proposed development to avoid conflicts with different land uses.

B.

This section shall apply to all site plans, preliminary plats, construction plans and master park plans.

9.09.02 Noise Standards. The allowable decibel level for new development shall be determined by an acceptable noise study, as described below.

9.09.03 Determination of Need for Noise Study.

A.

Adjoining Property. At the time of application for a preliminary plat, site plan, or master park plan, an applicant shall identify the uses on all property within three hundred (300) feet of the property to be developed. If the use on such neighboring property is a different use, as defined below, than that proposed on the applicant's property, the applicant shall be required to submit a noise study. The noise study shall identify the sound level and quality of noise coming from the neighboring property as well as the sound level and quality of noise proposed to come from the development of the applicant's property. If existing noise impacts from neighboring property are greater than expected from the proposed development, or if the noise impact expected from the proposed development is greater than exists on the neighboring property, the noise study shall include recommendations to mitigate the noise impacts and all plans for development shall incorporate such recommendations in their design and implementation.

B.

Mixed Use Projects. In addition to the noise study required by (A) above, any application for a final development order for property located in a mixed use development shall include a noise study. The noise study shall identify the sound level and quality of noise for each use expected from the development of the applicant's property. If the noise impacts expected from any of the uses will exceed the noise impacts expected from other uses, the noise study shall include recommendations to mitigate the excessive noise impacts and all plans for development shall incorporate such recommendations in their design and implementation.

9.09.04 Definition of Different Use. The Use Classifications of Section 3.01.03 of the Land Development Regulations shall be used to determine whether a use is different. For purposes of this section, whether a use on neighboring property is different from the proposed use shall be determined as follows:

1.

If the neighboring property is developed, the actual neighboring use shall be used for the comparison.

2.

If the neighboring property is undeveloped, neighboring uses allowed by the current zoning district which do not require a conditional use permit shall be used for the comparison.

9.09.05 Requirements for Noise Study.

A.

Terminology and standards. All technical acoustical terminology and standards used to comply with this section shall be read or construed in conformance with applicable publications of the American National Standards Institute, Inc. (ANSI), Housing and Urban Development (HUD) Noise Guidelines, or similar comprehensive criteria approved by the Director of Growth Management, or designee.

B.

Standardized measurements. Sound measurements shall conform to standardized practices and must be completely delineated in any submitted noise study. Measurements shall be taken so as to present an accurate representation of the sound.

C.

Required measurement procedures. Calibration of all instruments, components, and attachments used in the noise study shall conform to the latest ANSI standards, HUD standards, or similar authoritative noise study standards approved by the Director of Growth Management, or designee.

9.09.06 Noise Study Mitigation.

A.

The County Manager, or designee, shall review findings and recommendations of the Noise Study. If it is determined by the County Manager, or designee, that the proposed recommendations do not adequately mitigate expected noise impacts, then the application shall be denied.

B.

If the mitigation of noise impacts is not sufficient it may still constitute a nuisance and be subject to code enforcement action that may require further mitigation.

(Ord. No. 2009-19, § 2, 4-21-09)