G-863 - 07/22/2008 - ZONING - OrdinancesORDINANCE 2008- ZO -TA -G -863
AN ORDINANCE AMENDING SECTION 3A OF CHAPTER 10
(PERFORMANCE STANDARDS) OF TITLE 13 (ZONING REGULATIONS) OF
THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
WHEREAS, on March 17, 2008, the Plan Commission recommended the adoption of
amendments to Section 13 -10 -3 of the Zoning Ordinance relative to the noise levels in the Village; and
WHEREAS, in making this recommendation, the Commission found that the recommended
amendments are consistent with noise level ordinances found in other suburban communities, are
reasonable, are measurable and can be enforced by the Village; and
WHEREAS, the recommended amendments address situations previously not covered by the
current Village Code and will benefit the public safety and welfare; and
WHEREAS, on June 3, 2008, the Zoning Board of Appeals conducted a public hearing on the
recommended amendments and concurred with the recommendation of the Plan Commission for
approval of the recommended amendments with the exception that the Zoning Board of Appeals
recommended that the maximum daytime decibel levels be increased by five (5) to account for the
significant ambient noise levels that exist in the Village; and
WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of
the Plan Commission and the Zoning Board of Appeals and have determined that the recommended
amendments are in the best interests of the Village and the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows:
Section 1: The recitals above are hereby incorporated into and made a part of this ordinance.
Section 2: Section 13 -10 -3A of the Village Code, entitled "Performance Standards" (Noise) is
hereby amended by deleting the existing text and substituting the following in lieu thereof:
Performance Standards: Any use established in any zoning district shall be operated
so as to comply with the performance standard regulations prescribed in this section.
Noise: Sounds levels shall be measured with a sound level meter manufactured
according to standards prescribed by the American National Standards Institute (ANSI).
Measurements shall be made using a digital decibel meter. Impulse -type noises shall be
subject to the performance standards prescribed in this section, provided that such
noises shall be capable of being accurately measured. Noises incapable of being so
measured, such as those of an irregular and intermittent nature, shall be controlled so as
not to become a nuisance to adjacent uses. At any point on or beyond the boundary line
of the district designated below, the sound pressure level of any operation or plant (other
than background noises produced by sources not under control of this section, such as
the operation of motor vehicles or other transportation facilities) shall not exceed the
decibel limits in the table below:
Ordinance 2008- ZO -TA -G -863
Zoning Text Amendment
Performance Standards (Noise)
Page 2
Sound /Noise Level Table
Noise- General Requirements
1. All sound measurement readings must be set up not less than 25 feet (7.6
meters (m)) from the property -line- noise - source. The 25 -foot (7.6m) setback
requirement is from the noise source and not the property line unless the noise
source is contiguous to the property line.
2. Activities exempt from these provisions include the operation of motor vehicles or
other transportation facilities; snow removal equipment; church bells /chimes;
residential air conditioning units (installed and operating in accordance to
manufacturer's specifications).
3. Unnecessary Noise Standards: The following activities are declared to be loud,
disturbing and unnecessary noises in violation of this ordinance.
a. Horns and Signaling Devices — The sounding of any horn or signaling device
on any automobile or other motor vehicle on any street or public place of the
Village except as a danger warning.
b. Animals or Birds — The keeping of any animal or bird which, by causing
frequent or continued noise, shall disturb the comfort or repose of any
persons in the vicinity.
c. Exhausts — The discharge into the open air of the exhaust of any engine,
stationary combustion machine, generator, motorboat or motor vehicle
except through a muffler or other device, which will effectively prevent loud
noises, there from. The use of emergency generators and other back up
power sources would not apply to reasonable use during an emergency
situation or during testing.
d. Loading — The creation of loud and excessive noise in connection with
loading or unloading any of vehicles.
4. Additional Requirements — Lawn Mowing /Maintenance — It shall be unlawful to
cause or make loud noise through the operation of the lawn maintenance
equipment including, but not limited to lawn mowers, lawn blowers and tractors
before 7 a.m. and after dusk on any day during the week. This restriction shall
not apply to golf course, Park District or Forest Preserve maintenance
operations.
Section 3: If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any of the other provisions of this ordinance.
Section 4: All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict.
Maximum Permitted Decibel (DBA) Levels
Time of Day
Residential Commercial Industrial
Between 7 am and 7 pm
65 dba 70 dba 70 dba
Between 7 pm and 7 am
55 dba 60 dba 65 dba
Noise- General Requirements
1. All sound measurement readings must be set up not less than 25 feet (7.6
meters (m)) from the property -line- noise - source. The 25 -foot (7.6m) setback
requirement is from the noise source and not the property line unless the noise
source is contiguous to the property line.
2. Activities exempt from these provisions include the operation of motor vehicles or
other transportation facilities; snow removal equipment; church bells /chimes;
residential air conditioning units (installed and operating in accordance to
manufacturer's specifications).
3. Unnecessary Noise Standards: The following activities are declared to be loud,
disturbing and unnecessary noises in violation of this ordinance.
a. Horns and Signaling Devices — The sounding of any horn or signaling device
on any automobile or other motor vehicle on any street or public place of the
Village except as a danger warning.
b. Animals or Birds — The keeping of any animal or bird which, by causing
frequent or continued noise, shall disturb the comfort or repose of any
persons in the vicinity.
c. Exhausts — The discharge into the open air of the exhaust of any engine,
stationary combustion machine, generator, motorboat or motor vehicle
except through a muffler or other device, which will effectively prevent loud
noises, there from. The use of emergency generators and other back up
power sources would not apply to reasonable use during an emergency
situation or during testing.
d. Loading — The creation of loud and excessive noise in connection with
loading or unloading any of vehicles.
4. Additional Requirements — Lawn Mowing /Maintenance — It shall be unlawful to
cause or make loud noise through the operation of the lawn maintenance
equipment including, but not limited to lawn mowers, lawn blowers and tractors
before 7 a.m. and after dusk on any day during the week. This restriction shall
not apply to golf course, Park District or Forest Preserve maintenance
operations.
Section 3: If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any of the other provisions of this ordinance.
Section 4: All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict.
Ordinance 2008- ZO -TA -G -863
Zoning Text Amendment
Performance Standards (Noise)
Page 3
Section 5: This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
APPROVED THIS 22nd day of July, 2008.
PASSED THIS 22nd day of July, 2008.
Ayes: Trustees Carson, Kennedy, Manofsky, Saiyed Sanford and Wolin
Nays: None
Absent: None
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ATTEST:
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Charlotte K. Pruss
Village Clerk