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Kronenwetter City Zoning Code

§ 520-91

Noise standards.

A.

Applicability. The requirements of this section apply to all uses and activities on real property that create detectable noise, except these standards shall not apply to incidental traffic, parking, loading, maintenance, or agricultural operations or where the activity is otherwise exempt or the standard is modified under state or federal law. The requirements in this section shall be in addition to those in chapter 382 of the Kronenwetter Municipal Code.

B.

Standards. In no event shall the sound-pressure level of noise radiated continuously from a facility exceed at the lot line of a property the values given in figure 520-91(1) as measured by a Type 2 sound meter that is in compliance with ANSI standard S1.4-1983, at both the surface level and five feet above the surface level, and for a duration of four consecutive hours.

Figure 520-91(1): Maximum Permitted Noise Level at Lot Line for Noise Radiated Continuously*
Zoning DistrictIncrease in Noise Level over Ambient Level
All Residential Districts, RR-5, RR-2, PR plus 3 dBA
FP, AR, INT, B1, B2, B3, BP plus 5 dBA
M1, M2 plus 8 dBA
NOTES:
* If the noise is not smooth and continuous or is present only during daytime hours, one or more of the corrections in figure 520-91(2) below shall be added to or subtracted from each of the decibel levels given in this figure.

 

Figure 520-91(2): Adjustment Factors for Maximum Noise Levels
Type of Operation in Character of NoiseCorrection in Decibels
Daytime operation only plus 5
Noise source operates less than 20% of any 1-hour period plus 5*
Noise source operates less than 5% of any 1-hour period plus 10*
Noise source operates less than 1% of any 1-hour period plus 15*
Noise of impulsive character (hammering, etc.) minus 5
Noise of periodic character (hum, speech, etc.) minus 5
NOTES:
* Apply only one of these corrections

 

C.

Legal nonconforming noises. Noises that were in effect as of the effective date of this chapter shall be considered legal nonconforming noises under this chapter, but may not be exempt from Chapter 382. The burden of proof to demonstrate that said noises were in effect prior to the effective date of this chapter shall be the responsibility of the noise producer.

D.

Compliance and enforcement. The zoning administrator may require the owner or operator of any use, facility, or operation that the zoning administrator reasonably suspects is in violation of this section to verify compliance at the owner's or operator's expense. Enforcement actions may be per section 520-134, and per § 382-2 of the Kronenwetter Municipal Code.

(Ord. No. 16-07, 6-20-2016)