ORDINANCE

 

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:

 

 

Part 7                                                             

9-700                                                               NOISE STANDARDS

 

9-701                                                               Prohibitions

 

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.

 

9-702                                                               Exemptions.  

 

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.

 

2.   Sporting events operated and conducted under the auspices of an official organization such as a hunt club, civic organization, high school.

 

3.   2.   Agricultural activities. For purposes of this section, livestock as                        allowed by Section 2-512 is considered an agricultural use.  For purposes of this section, events at wineries are not considered agricultural activities.

 

4.   3. Automobile races at commercial facilities before 10:00 p.m., except Friday and Saturday evenings, which will be before 11:00 p.m. provided such facility was legally in operation  as of the date of this provision, as amended.

 

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.

 

 

 

PART 7 9-700 NOISE STANDARDS

 

9-701 Required Performance Level

 

No use, operation or activity shall cause or create noise in excess of the sound

level prescribed below.

 

9-702 Method of Measurement

 

1. Noise shall be measured with a sound level meter, octave band analyzer and

impact noise analyzer meeting the standards of the American National

Standards Institute (ANSI Sl.4-1961 and ANSI Sl.11-1966). The instruments

shall be set to the flat response weighing network and the meter to the slow

response.

 

2. Sounds of short duration such as from forge hammers, punch presses and

metal shears which cannot be measured accurately within the sound level

meter shall be measured within the impact noise analyzer.

 

3. For the purpose of this Ordinance, impact noises shall be considered to be

those noises whose peak values are more than 3dB higher than the values

indicated on the sound level meter set to the slow response.

 

9-703 Exemptions

The following uses and activities shall be exempt from the noise level

requirements:

1. Noises not directly under the control of the property owner.

 

2. Noises emanating from non-routine construction and maintenance activities

between 8:00 A.M. and 7:00 P.M.

 

3. The noises of safety signals, warning devices and emergency pressure relief

valves, whose frequency of operation does not exceed one per week, and any

audible safety or warning devices required by law.

 

4. Transient noises of moving sources such as motor vehicles, airplanes and

railroad trains, except where such transient noises are caused on the site and

are a part of the operation of the use on the site.

 

5. Noises and activities directly associated with the safety warnings and training

programs of the Fire and Rescue Services and Sheriff's Department.

 

6. Agricultural operations.

 

9-704 Group I Noise Standards

 

1. Uses subject to Group I standards shall not cause at any point on or beyond

the boundary of the lot upon which the use is situated, noise resulting from

any use, operation or activity which exceeds the maximum permitted sound

level set forth in Table II below.

 

 

 

2. Impact noises shall not exceed the sound pressure levels set forth in Table

III.

 

 

 

3. Between the hours of 8:00 P.M. and 7:00 A.M., all permissible noise levels

indicated in the previous tables for Residential Districts shall be reduced by 5

decibels.

 

9-705 Group II Noise Standards

1. Uses subject to Group II standards shall not cause at any point on or beyond

the lot where such use is located, noise resulting from any use, operation or

activity which exceeds the maximum permitted sound levels set forth in

Table IV below.

 

 

2. Impact noises shall not exceed the sound pressure level set forth in Table V.

 

 

3. Between the hours of 8:00 P.M. and 7:00 A.M., all of the permissible noise

levels indicated in the previous tables for Residential Districts shall be

reduced by 5 decibels.