Littleton City Zoning Code
ARTICLE XVII
Noise
§ 173-78 General.
A.
No activity shall be permitted in any district unless it can he/she demonstrated that its operation will be so conducted that the following requirements will be met, Nothing in this article shall be construed to permit noise in excess of that allowed by any state or federal regulation.
B.
Exceptions. This regulation shall not apply to the following:
(1)
Any activity, except construction, on premises used exclusively for residential and customary accessory purposes.
(2)
Any noise produced by equipment used exclusively in the maintenance or repair of buildings or grounds, provided that such equipment is rated at not more than 15 horsepower.
(3)
Any noise produced by a registered motor vehicle, provided that such vehicle is equipped with all noises suppression devices required for legal operation under such registration by the laws of the commonwealth.
(4)
Human or animal noises unless mechanically or electronically amplified.
(5)
Farm equipment.
(6)
Any fire or burglar alarm or other emergency signaling device, provided that such device is arranged to shut off automatically after not more than 30 minutes of operation.
(7)
Construction equipment between the hours of 7:00 a.m. and 7:00 p.m. only.
(8)
Parades, fairs or outdoor entertainment between the hours of 7:00 a.m. and 11:00 p.m. only, provided that a permit for such activity has been granted by the Select Board and that said permit is for not more than 10 days.
(9)
Religious services conducted by an organization which qualifies under the laws of the commonwealth as a tax-exempt religious group.
§ 173-79 Special conditions.
Exceptions to this article may be made under the following conditions:
A.
A permit to operate construction equipment outside the hours specified above and in excess of the noise levels specified may be issued upon determination of reasonable necessity by the senior police officer on duty in Town at the time. Such permit shall be valid for not more than 24 hours from the time of issue.
B.
Emergency repair due to flood, fire or other catastrophe may be carried out prior to a permit being issued if such work is necessary for the general welfare or to avoid further catastrophe. Such work must cease, however, upon demand of the enforcing authority.
C.
The enforcing authority may delay enforcement of any provisions of this article for such reasonable time as may be required to modify any equipment so as to conform to these regulations.
D.
A special permit may be granted for exceptions for the operation of equipment which is necessary to the conduct of a business if there is no technically feasible way to perform the operation with equipment which complies with the regulations.
§ 173-80 Criteria: decibel levels.
A.
Noise levels specified herein shall be sound levels in decibels on the A-scale (dBa) referred to 0.0002 dynes per square centimeter as measured by a sound-level meter manufactured in conformance with the American National Standards Institute Standard S 1.4-1971, Type 2.
B.
Readings shall be taken using the fast-response setting of the meter, except that, when the fluctuations are so rapid as to make reading difficult, the slow-response setting may be/she used.
C.
The measured sound level shall be the average readings for fluctuations less than six decibels and three decibels less than the maximum for fluctuations greater than six decibels. In taking these readings, infrequent peaks shall be ignored, except in the case of impulsive or sporadic noise of which they are a significant component.
D.
For the purposes of this section, "day" shall be defined as the hours between 7:00 a.m. and 9:00 p.m. on all days, except Sundays and legal holidays, and between 12:00 noon and 9:00 p.m. on Sundays and legal holidays. Night requirements shall apply at all other times.
E.
The maximum allowable sound levels for continuous noise in each district shall be as follows:
District | Day (decibels) | Night (decibels) |
|---|---|---|
Residential | 50 | 40 |
Business | 55 | 45 |
Industrial | 65 | 50 |
F.
The maximum allowable sound levels for noise other than continuous shall be related to the allowable levels for continuous noise as follows:
Type | Decibels |
|---|---|
Dominant tone | 5 less |
Impulsive | 5 less |
Sporadic | 10 more |
G.
Notwithstanding any other provision of this article, it shall be unlawful to produce any noise other than sporadic noise in excess of 90 decibels at any property line or street line.
§ 173-81 Location of measurements.
Noise measurements shall be made at the property line or street line.
A.
Noise requirements at any property or street line shall be those of the zoning district in which the property line lies, regardless of the location of the source of the noise.
B.
When a property line is also a zoning district boundary, the requirements shall be those of the district on the opposite side of the line from the source of the noise. When a street line is the zoning district boundary and the noise source is in the less restrictive zone, the noise level shall be measured at the street line of the property in the more restrictive zone.
§ 173-82 Types of noise.
For the purposes of this article, types of noise are defined as follows:
CONTINUOUS NOISE
Noise which has no noticeably dominant frequency and which does not vary in sound level enough to be defined as sporadic or impulsive noise.
DOMINANT TONE NOISE
Noise which has a single dominant frequency which, in the opinion of the enforcing authority, is more objectionable than a continuous noise of the same sound level.
IMPULSIVE NOISE
Noise of repetitive character which varies more than five decibels more frequently than sporadic noise.
SPORADIC NOISE
Noise which persists one minute or less and occurs less than five times in any fifteen-minute period and less than 10 times in any one-hour period.
§ 173-83 Evidence of future compliance.
The Building Inspector may require that an applicant for a facility whose future compliance with performance standards in this chapter is questionable furnish evidence of probable compliance, whether by example of similar facilities or by engineering analysis. Issuance of a permit on the basis of that evidence shall certify the Town's acceptance of the conformity of the basic structure and equipment, but future equipment changes and operating procedures must be such as to also comply with these standards.