A ZONING ORDINANCE TEXT AMENDMENT TO TABLE 1 OF ARTICLE 9 AND SECTIONS 9-701 THROUGH 9-705 TO DELETE CURRENT NOISE STANDARDS AND REPLACE WITH NEW NOISE STANDARDS
WHEREAS, on June 30, 2005, the Planning Commission held a public hearing on this issue and forwarded the proposed text amendment to the Board of Supervisors with a unanimous vote recommending its adoption; and
WHEREAS, on August 11, 2005, and October 13, 2005, the Fauquier County Board of Supervisors held public hearings on this amendment; and
WHEREAS, the adoption of this text amendment would be in the spirit of the Zoning Ordinance, consistent with public convenience, general welfare, and good zoning practices, consistent with the adopted Comprehensive Plan, and is in the best interest of the citizens of Fauquier County; now, therefore, be it
ORDAINED by the Fauquier County Board of Supervisors this 13th day of October, That Table 1 of Article 9 and Sections 9-701 through 9-705 be, and are hereby, amended as follows:
9-700 NOISE STANDARDS
Noise that is unreasonably loud, disturbing, and unnecessary is prohibited. Such noise includes, but is not limited to, the following:
1. Noise that is a threat to the public health, safety, and general welfare because of its intensity, character, or duration.
2. The creation of any excessive noise on any street adjacent to any place of worship, school, institution of learning, library, hospital or sanitarium, or any court while the same is in session, which unreasonably interferes with the working or activities of such place.
3. Owning, keeping, possessing or harboring any animal or animals which frequently or habitually howl, bark, meow, squawk or make such other noise as is plainly audible across property boundaries or through partitions common to two (2) persons within a building.
4. Loud parties, playing of radios, musical instruments, etc.
(a) Operating or permitting the use, or operation of any radio receiving set, musical instrument, television, phonograph or any other device for the production of sound between the hours of 10:00 p.m. and 7:00 a.m. the following day, except Friday and Saturday evenings, when the hours of noise limitation shall be 11:00 p.m. to 7:00 a.m. the following day in such a manner as to be plainly audible across property boundaries or through partitions common to two (2) persons within a building or plainly audible at fifty (50) feet from such device when operated within a motor vehicle parked on a public right-of-way or in a public place.
(b) The conducting of any loud party, between the hours of 10:00 p.m. and 7:00 a.m., except Friday and Saturday evenings, when the hours of noise limitation shall be 11:00 p.m. to 7:00 a.m. the following day, with or without radios, musical instruments or stereos in such a manner as to be plainly audible across property boundaries or through partitions common to two (2) persons within a building or plainly audible at fifty (50) feet from such device.
5. A noise level of _60 dB at or beyond the property line where the noise is generated between the hours of 7 a.m. an 10 p.m. or 50 dB between 10 p.m. to 7 a.m.
6. Garbage collection in Rural and Residential Zoning Districts before 6:00 a.m. or after 10:00 p.m.
The following activities shall be exempt from the provisions of this chapter:
1. Animal shelters or kennels which were legally in existence as of the date of adoption of this chapter.
4. Temporary construction activities between the hours of 6:00 a.m. and 10 p.m. on Mondays through Saturdays.
5. Property maintenance and repair, including the use of power equipment such as lawn mowers, weed trimmers, leaf blowers, power and chain saws between the hours of 7:00 a.m. and 10:00 p.m.
6. These are general standards that may be superseded, as appropriate, in the issuance of a special permit or special exception.