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G-863 - 07/22/2008 - ZONING - Ordinances Supporting Documentslip AGENDA ITEM Regular Board of Trustees Meeting of July 22, 2008 ITEM 6AY10 SUBJECT: Village of Oak Brook — Zoning Regulations — Performance Standards (Noise) — Text Amendment FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE /BUDGET IMPACT: N/A RECOMMENDED MOTIONS: I move to approve Ordinance G -863 which approves an amendment to Zoning Ordinance Section 13 -10 -3B Performance Standards (Noise) of the Zoning Ordinance Background /History: At the June 24, 2008 meeting, the Village Attorney was directed to prepare the ordinance granting approval of a text amendment to the Zoning Ordinance relative to the Performance Standards for noise. Recommendation: Approve Ordinance G -863. N �(\ Last saved by GPOLANEK J \1 -FROM BOB \Bot - PC - ZBA\BOT -FINAL Action - Performance Standards -TA -G -863 doe ORDINANCE 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 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 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 John W Craig Village President PASSED THIS 22nd day of July, 2008 Ayes Nays Absent ATTEST* Charlotte K. Pruss Village Clerk S \Janet \Oak Brook \Ords \Ord \noise doc