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HomeMy Public PortalAbout2005_09_13_O014 The Town of Leesburg, Virginia PRESENTED Seotember 13.2005 ORDINANCE NO. 2005-0-14 ADOPTED September 13.2005 AN ORDINANCE: AMENDING ZONING ORDINANCE ARTICLE 7 TO ADD A DECffiEL- BASED NOISE ORDINANCE WHEREAS, the Council of the Town of Leesburg, Virginia desires to provide a decibel- based noise measurement capability to the loning Ordinanee to better regulate the level of stationary noise in the Town; and WHEREAS, the loning Ordinanee does not contain a provision that gives the loning Administrator the authority to regulate machinery or equipment noise in any form; and WHEREAS, the proposed amendment will provide the loning Division with the authority to regulate certain noise to provide a more harmonious environment for the cÏtizens of Leesburg; and WHEREAS, after a public hearing held on June 16,2005 the Planning Commission recommended approval of the proposed amendment; and WHEREAS, staffrecommends approval of the proposed amendment; and WHEREAS, the public necessity, convenience, general welfare and good zoning practice justify adoption of the proposed amendment. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION 1. The Leesburg loning Ordinanee is hereby amended as follows: SEC. 7..9 [\() SF "nllT \TIO:\S \'\1> F'\FORCF:\IFNT 7.9.1 Standards It shall be unlawful for anv person to operate or permit to be operated any stationary noise source in such a manner as to create a sound level which exceeds the limits set for in the following tables. 7.9.2 Methods ofMeasurement -2- ORDINANCE: AMENDING ZONING ORDINANCE ARTICLE 7 TO ADD A DECIBEL- BASED NOISE ORDINANCE A. Noise levels shall be measured with a sound meter that shall meet or exceed performance standards for a "Tvpe Two" meter. as specified by the American National Standards Institute. B. Noise levels shall be recorded as A-weighted sound pressure level. The level so read. shall be post scripted dBA. 7.9.3 Maximum Sound Levels (dBA) Measurements ofnoise levels shall be taken at the property boundary of the noise source. Where differing zoning districts abut. the more restrictive limit shall apply. A. Maximum dBA. Continuous Noise ResidentialSS (R-£. R-1. R-2. R-4. R-6. R-HD. R-8. R-16. R-22. PRN and PRe) (0-1. 0-2. B-1. B-2. B-3. B-4. PEC. MC and GC) (I-I. 1-2 and M-l) Commercial 65 Industrial 70 B. Maximum dBA. Impact Noise Residential60 (R-E. R-1. R-2. R-4. R-6. R-HD. R-8. R-16. R-22. PRN and PRC) (0-1. 0-2. B-1. B-2. B-3. B-4. PEC. MC and GC) (I-I. 1-2 and M-l) Commercial 70 Industrial 80 Impact noise shall be measured using the fast meter response of the sound level meter. Impact noises are intermittent sounds ofa single pressure peak or a single burst (multiple pressure peaks) for a duration usuallv less than one second. Examples of impact noise sources are a punch press. drop forge hammer or explosive blasting. 7.9.4 Exemptions A. The limitations stated above shall not apply within the Municipal Airport (MA) Zoning District or anv area subiect to the Noise Contours associated with the Leesburg Executive Airport. B. Sound created by the operation of power equipment. such as power lawn mowers. chain saws. weed-trimmer and similar equipment. between the hours of 7:00 a.m. and 9:00 p.m. shall not be regulated bv these noise standards. C. Air conditioning units on residentiallots with less than a ten-foot (10') side yard shall be measured at the front or rear propertv line. SECTION II. All prior ordinanees in conflict herewith are hereby repealed. SECTION III. Severability. If a court of competent jurisdiction declares any provision of this ordinanee invalid, the decision shall not affect the validity of the ordinanee as a whole or any remaining provisions of the zoning ordinanee. SECTION IV. This ordinanee shall be in effect upon its passage. -3- ORDINANCE: AMENDING ZONING ORDINANCE ARTICLE 7 TO ADD A DECffiEL- BASED NOISE ORDINANCE P ASSED this 13th day of September 2005. ~~ç~ J . ~ " . ..~. ~ - 'talld, Mayor r Town of Leesburg ATTEST: k--