HomeMy WebLinkAboutItem A: Abatement of Noise Pollution
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Work Session: Abatement of Noise Pollution
Meeting Date: August 16, 2006 Agenda Item Number: A
Department: Planning and Development Staff Contact: Mike McKerrow
www.eugene-or.gov Contact Telephone Number: 682-5251
ISSUE STATEMENT
The City Council has requested this work session to discuss noise pollution, including the type generated
by such equipment as leaf blowers, and Eugene’s existing noise standards.
BACKGROUND
Eugene City Code addresses noise disturbances through standards in Chapter 4 (Offenses), largely
administered by the Eugene Police Department. Requirements restrict hours for idling engines, building
construction, and other activities to the extent they generate a noise disturbance. A not uncommon call
is about loud music; during late night hours (between 10 p.m. one day and 7 a.m. the next), City
regulations prohibit amplified sound when it is plainly audible in a dwelling unit that is not the source of
the sound. The code provides some exemptions to the standards, for example, sirens and City street
repair, and outlines a variance process. These code provisions are included as Attachment A.
The City Council last tackled noise pollution during discussion about motor-assisted scooters. A work
session was held in September 2004, and the council adopted an ordinance in February 2005 that
prohibits operation of a motorized transportation device in a manner “…causing excessive, unnecessary,
or offensive noise which disturbs the peace and quiet of any neighborhood or which causes discomfort
or annoyance to a reasonable person of normal sensitivity.”
Before the revised land use code was adopted in 2001, Eugene also included performance standards for
sound emissions in Chapter 9 (Land Use). These standards were difficult to administer, as they required
measurements of maximum one-hour equivalent sound pressure levels using sound engineering
equipment. The provisions were excised with the code update. They are included as Attachment B.
Although this general section was eliminated with the land use code update, standards for the Natural
Resource Zone continue to regulate noise for certain inventoried sites (wildlife habitat). This section is
included as Attachment C.
The City Council 10 years ago discussed noise pollution generated by leaf blowers and similar
equipment. In a September 1996 work session, the City Council reviewed research on leaf blower
ordinances and restrictions. At that time, only Beverly Hills and Santa Monica were among
communities on the West Coast identified as having an outright ban on blowers, while other
jurisdictions restricted hours of operation and decibel levels. Although City of Eugene regulations do
not specifically deal with leaf blowers, there currently is a prohibition on operating lawnmowers
between the hours of 9 p.m. at night and 7 a.m. the following morning.
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In terms of inquiries, Land Use Management staff in PDD hears from community members most often
about noisy heating/cooling systems (individuals disturbed by a neighbor’s heat pump, as an example)
and barking dogs. Staff encourages neighbors to talk to one another and also refers residents to the Lane
County Animal Regulation Authority and to the EPD non-emergency number as needed. Depending on
the situation’s gravity and availability of staff, these agencies may respond to certain contacts.
According to LCARA staff, in the case of barking dogs, a complainant must first attempt to contact the
dog owner, produce evidence such as a tape or video recording that there has been a “continual
annoyance” of more than 15 minutes of uninterrupted barking, and be willing to testify in Municipal
Court in the event the complaint goes forward.
Over a three-year period ending on June 30, 2006, EPD received an estimated 1,838 calls related to loud
noises including dogs, moped/scooters and motorcycles, blowers, construction, vehicles, and parties.
Seventy-four percent of these calls were dispatched, resulting in 157 arrests, 506 citations and 693
citations in lieu of custody (CLC). About 1,400 of the calls were classified as Loud Noise-Parties.
Penalties for noise violations can range from a $500 fine or 30 days in jail (or both) to a fine of $1,500
or 90 days in jail (or both).
Noise pollution regulations in other communities vary widely. Tigard, for instance, sets different
decibel limits for day and night and then prohibits a range of noises violating those levels. Among the
prohibited noises when exceeding established decibel levels are animal sounds and bird calls (domestic),
operation of air conditioning units and hot tub pumps, and malfunctioning vehicles. Enforcement
requires that at least two persons from different households provide evidence to establish a violation,
though the City of Tigard may ask an alleged violator to enter into a voluntary compliance agreement on
the basis of a single complaint or single witness.
Newport’s noise ordinance prohibits the operation of any blower, power fan, compressor, internal
combustion engine or electric motor in a way that “…creates unreasonable noise which causes
inconvenience, annoyance or alarm to another.” Newport’s ordinance also singles out yelling, shouting
and similar conduct, public address systems, and refrigerated trucks.
Boulder, Colorado, restricts “unreasonable noise” in public places and near private residences which the
alleged noise-maker has no right to occupy. More specifically, Boulder has limits to sound levels, by
decibel measurement, based on a property’s zoning designation.
Davis, California, restricts noise generated by power tools, construction and landscape maintenance
equipment by hours of occurrence and decibel levels. That community further prohibits individual
powered blowers over a certain noise level and the operation of powered blowers within a 100-foot
radius of one another. However, on single-family residential properties, the decibel limit on power
blowers is waived if the equipment is operated for fewer than 10 minutes per occurrence. Code
compliance investigations are initiated on a complaint basis.
Noise pollution differs from other forms of pollution. It is transient – once it stops, the environment is
free of it. And, though it can be measured, monitoring cumulative exposure is challenging. It also is
highly subjective, with certain noises considered pleasant to some and annoying to others. Impacts of
sound extend beyond the actual loudness and include time and place, duration, source, and whether the
listener has any control over the noise. Noise pollution has been implicated in performance reduction,
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adverse social behavior, cardiovascular problems, stress and loss of sleep. It is difficult to know at
exactly what point noise becomes loud enough to cause damage to the ears. The U.S. Environmental
Protection Agency has established 70 dBA as a safe average for a 24-hour day, with dBA meaning
decibels (sound intensity) measured with the commonly used “A” filter. This level is based only on risk
to hearing. (An average washing machine is considered to be at 75 dBA when in use. A typical
conversation occurs at about 60 dB.) As the population grows, and there are greater density, infill and
mixed uses, the potential increases for community vitality and noise pollution.
Resources on noise pollution include The Right to Quiet Society (http://www.quiet.org/index.htm),
Noise Pollution Clearinghouse (http://www.nonoise.org/), and the federal Centers for Disease Control
and Prevention (http://www.cdc.gov/nceh/hsb/noise/).
RELATED CITY POLICIES
As referenced above, Eugene Code Chapter 4 addresses certain noise disturbances.
COUNCIL OPTIONS
The City Council may choose to:
1.Take no action at this time.
2.Provide direction for preparation of an ordinance addressing specific issues and noise disturbances,
with a process which could include an additional work session to discuss requirements and
standards, enforcement mechanisms and resource needs. Such an ordinance could be incorporated
into Chapter 6 (Environment and Health) or expand the existing noise standards in Chapter 4
(Offenses).
3.Direct the City Manager to include noise performance standards on the list of possible land use code
revisions (Chapter 9 update process).
CITY MANAGER’S RECOMMENDATION
The City Manager makes no recommendation at this time.
SUGGESTED MOTION
There is no suggested motion.
ATTACHMENTS
A. Eugene City Code, Chapter 4, Noise Disturbance Ordinance
B. Eugene City Code, January 1995, Chapter 9 Excerpts on Performance Standards (Noise)
C. Eugene City Code, 9.2520(20) Noise (Natural Resource Zone)
FOR MORE INFORMATION
Staff Contact: Mike McKerrow
Telephone: 682-5251
Staff E-Mail: mike.j.mckerrow@ci.eugene.or.us
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ATTACHMENT A
Eugene Code
program to recover the costs of removal, including providing for an
administrative hearing before the city manager or his or her designee.
(Section 4.050 amended by Ordinance No. 18963, enacted May 12, 1982, Ordinance No.
19387, enacted June 11, 1986; and Ordinance No. 20221, enacted January 22, 2001, effective
February 21, 2001.)
4.060 Distribution on Private ProDertv.
(1) No person shall distribute or in any manner place a handbill on
premises, if requested not to do so, or if there is placed on the premises
in a conspicuous position near the entrance, a sign stating: ".No
Trespassing," "No Peddlers or Agents," "No Advertisement," or similar
notice, indicating that the occupants of the premises do not desire to
have their right of privacy disturbed, or have handbills left on the
premises.
(2) No person shall distribute a handbill to or on premises when it is
apparent that a previous day's distribution of a handbill has not been
removed.
(3) No person shall distribute a handbill to or on premises unless the
handbill is folded or otherwise prepared or placed so that it will not be
blown therefrom by the wind.
(4) No person other than the owner shall distribute or in any manner place
a handbill in or on an automobile or other vehicle. The provisions of
this section shall not prohibit the handing, transmitting or distributing of
a handbill to an operator or occupant of a vehicle who is willing to
accept the same, nor shall it prohibit the city or its designees from
placing on vehicles that have violated a parking ordinance or are
suspected of being in violation of parking regulations, parking citations,
warnings, and information pertaining to transportation.
(Section 4.060 amended by Ordinance No. 18581, enacted February 20, 1980, and Ordinance
No. 18963, enacted May 12, 1982.)
4.065
Method of Distribution. Bill distributors and their agents or employees
making the actual distribution of handbills shall utilize only public ways,
streets, alleys or sidewalks and the private walkways provided for customary
approach to private premises to deposit the distributed material.
4.075
Effect on Peddler. Etc.. Reaulations. Sections 4.045 to 4.075 shall not
repeal, amend or modify other provisions of this Code prohibiting, regulating
or licensing canvassers, hawkers, peddlers, transient merchants or any
person using the public streets or places for a private business or enterprise
or for commercial sales.
4.080
Noise Disturbance - Prohibited.
(1) For purposes of this section,l8rJd sections 4.081, 4.083 and 4.084 of
this code:
(a) Noise disturbance means any sound which:
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1. Injures or endangers the safety or health of a human;
2. Annoys or disturbs a reasonable person ot normal
sensitivities; or
3. Endangers or injures personal or real property.
(b) Plainly audible means where the listener clearly can hear the
content of the sound produced by the noise source. Sounds
which may be clearly audible include, but are not limited to,
musical rhythms, spoken words, vocal-sounds, and engine noises.
(2) It shall be unlawful for any person to intentionally or recklessly create or
continue any noise disturbance.
(Section 4.080 amended by Ordinance No. 16299, enacted September 13, 1971; Ordinance No.
19274, enacted August 13, 1984; and Ordinance No. 19902, enacted February 17, 1993,
effective March 19, 1993.)
4.081 Noise Disturbance - ReDetition and Failure to Cease. It shall be unlawful
for any person responsible for a noise disturbance caused by electronically
amplified sound or a gathering of five or more people to:
(a) Fail within 30 minutes to eliminate or cease such noise disturbance
after receiving a citation or other notice of a violation of this section or
section 4.080 of this code, or
(b) Intentionally or recklessly create the same or a similar noise
disturbance within six months ot having received a citation or other
notice of a violation of this section or section 4.080 of this code.
(Section 4.081 added by Ordinance No. 19902, enacted February 17, 1993, effective March 19,
1993.)
4.083
Noise Disturbance - Specific Prohibitions. Unless exempted by section
4.084 of this code, the following acts are declared to be noise disturbances;
however this enumeration shall not be deemed an exclusive list of the
violations of section 4.080(2) or section 4.081 of this code, nor shall the
recitation of specific prohibitions below be deemed the exclusive and entire
listing of unlawful noise disturbances for each subcategory:
(a) Sound oroducina. amolifvina or reoroducing eauioment. Operating or
permitting. the use or operation of any device designed for sound
production, amplification, or reproduction, including but not limited to
any radio, musical instrument, phonograph, television set, tape
recorder, loud speaker, or other similar device:
1. Between the hours of 10 p.m. and 7 a.m. the following day so as
to be plainly audible within any dwelling unit which is not the
source of the sound; or
2. On public property or on a public right-ot-way so as to be plainly
audible fifty feet or more from such device, except as authorized
by permit.
(b) Steam whistles. Blowing any steam whistle attached to any stationary
boiler, except to give notice of the time to begin or stop work, as a
warning of fire or danger or as authorized by permit.
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(c) Sirens. Sounding a stationary siren.
(d) Exhausts. Discharging into the open air the exhaust of any steam
engine, stationary internal combustion engine,motorboat, motor
vehicle, or any mechanical device operated by compressed air or steam
without a muffler or other device which will effectively prevent the
emission of loud or explosive noises except where such discharge is
from vehicles used for participation in vehicle spectator sports activities
between the hours of 7 a.m. and 10 p.m., and the activities are properly
licensed by the city and consistent with its zoning ordinance.
(e) IdUna enaines. Operating for more than 15 consecutive minutes any
idling engine in such a 'manner as to be plainly audible within any
dwelling unit between 10 p.m. and 7 a.m. the following day.
(f) Loading. unloadina. ooening boxes. Loading or unloading any vehicle
or opening, closing or destroying bales, boxes, crates and containers,
between the hours of 10 p.m. and 7 a.m. the following day, so as to
create a noise disturbance.
(g) Construction or reoair of buildinas. streets. etc. Constructing (including
excavating), demolishing, altering, or repairing any building, street,
sidewalk, driveway, sewer or utility line between the hours of 7 p.m. and
7 a.m. the following day.
(h) Pile drivers. hammers. lawnmowers. etc. Operating any pile driver,
steam shovel, pneumatic hammer, derrick, or steam or electric hoist
between the hours of 10 p.m. and 7 a.m. the following day or
lawnmower between the hours of 9 p.m. and 7 a.m. the following day.
(i) Animals. Keeping any animal which frequently or for a long duration
makes vocal or other sounds so as to create a noise disturbance.
(j) Other. Any sound source exceeding the standards set out in section
9.2530(20) of this code and not otherwise exempt therefrom.
(Section 4.083 added by Ordinance No. 16229, enacted September 13, 1971; amended by
Ordinance No. 17434, enacted July 28, 1975; Orcjinance No. 19274, enacted August 13, 1984;
Ordinance No. 19697, enacted June 25, 1990; Ordinance No. 19770, enacted April 22, 1991,
effective May 22, 1991; Ordinance No. 19902, enacted February 17, 1993, effective March 19,
1993; and Ordinance No. 20301, enacted November 10, 2003, effective December 10, 2003.)
4.084
Noise Disturbance - ExemDtions. Variances.
(1) Exemotions. The following sounds are exempted from the provisions of
sections 4.080,4.081, and 4.083 of this code:
(a) Sounds made by work necessary to restore property to a safe
condition following a public calamity, or work required to protect
persons or property from imminent exposure to danger.
(b) Sounds made by warning devices to protect persons or property
from imminent exposure to danger, provided however that burglar
or fire alarms shall not operate continuously for more than fifteen
minutes. ,/
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(c) Sounds made by an emergency vehicle, as defined in ORS
801.260, when responding to or from an emergency or when in
pursuit of an actual or suspected violator of the law.
(d) Sounds made by current employment of land and buildings for
farm uses, i.e., for the purpose of obtaining a profit in money by
raising, harvesting, and selling crops or by the feeding, breeding,
management, and sale of livestock, poultry, fur-bearing animals or
honeybees, or the produce thereof, or for dairying and the sale of
dairy products or any othe.r agricultural or horticultural operations
or any combination thereof including the preparation and storage
of the products raised for man's use and animal use and disposal
by marketing or otherwise by a farmer on such farm.
(e) Sounds made by activities by ~!-~lJhere.qu.e$tof the city in
maintenance, construction, or repair of public improvements in
public rignts-ot-way or easements.
(f) Sounds produced pursuant to a specific variance granted by the
Oregon Environmental Quality Commission, or by the city
manager or hearings official under subsection (2) of this section.
(g) Sounds caused by sources regulated as to sound production by
tederallaw or sounds caused by sources the regulation ot which
is preempted by state law.
(h) Sounds not electronically amplified, created by athletic and
entertainment events other than motor vehicle racing events or
fireworks displays.
(i) Electronically amplified announcements at athletic events other
than motor vehicle racing events.
(j) The sounding of any horn or signaling device on an automobile,
motorcycle, or other vehicle reasonably required by the exigencies
of vehicular or pedestrian traffic.
(k) Sounds specifically authorized under a permit or license issued by
the city.
(2) Variances. Any person who owns, controls, or operates any sound
source which does not comply with section 4.080,4.081, or 4.083 of
this code may apply to the city manager for a variance. As used herein,
"city manager" includes a designee of the city manager.
(a) Aoolication. An application for a variance shall be in writing on a
form provided by the city, contain the information required by the
city manager, and be accompanied by a fee in an amount set
under section 2.020 of this code. No application shall be
considered received until all required information and the fee have
been submitted.
(b) Public notification. The city shall give written notice of the
application to any officially recognized neighborhood association
in who.se boundaries the sound source is located. The city shall
also post written notice at the sound source location. The notice
shall state the date by which the application will be considered,
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the nature of the variance to be considered, and where persons
may file written comments regarding the application. The
applicant shall maintain the posted notice until the final decision
on the application is made.
(c) Tvoes of variances.
1. Class A variances may be granted by the city manager for
an event or activity which does not exceed. 24 hours.
2. Class B variances may be granted by the city manager for
an event or activity or seri'es of related activities which are 24
hours or more in duration.
(d) Decision.
1. The city manager shall grant or deny the variance within 14
days of receiving a complete variance application. The time
for decision may be extended to 30 days if a public hearing
on the application is held.
2. The city manager may, on the city's managers own motion,
hold a public hearing on the application before deciding to
grant or deny the variance.
3. The city manager may grant a variance after considering the
written application for variance, any written comments, and
the applicant's compliance with variance conditions
previously imposed. The variance may be granted by the
city manager when it appears that compliance with the
standards from which the variance is sought will produce
unnecessary hardship to the applicant without equal or
greater benefit to the public or that the purposes of the noise
disturbance provisions can be served without a strict
application thereof.
4. The city manager may impose limitations and conditions
granting the variance in order to protect affected persons
from the noise disturbance. A violation of any such condition
or limitation shall constitute a violation of section 4.080(2) of
this code and grounds for revocation of the variance.
5. A decision to grant or deny a variance shall be in writing and
shall state the reasons for such decision. The city manager
shall notify the applicant of the decision and shall make it
available to any person who has submitted written
comments on the application.
6. The city manager may revoke a variance without a hearing
upon finding that:
a. The applicant has provided false or misleading
information, or omitted disclosure of a material fact, on
the application or related material;
b. The applicant is operating the sound source in violation
of this code or applicable local, state or federal law;
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c. The applicant has violated a condition of variance
approval; or,
d. New information shows that the permitted activity or
device would endanger property or the. public health or
safety .
7. The action of the city manager in denying a variance
application or in revoking an issued variance may be
appealed in the manner provided by section 2.021 of this
code. The decision of a hearings official on any such appeal
is final. The action of the city manager in approving a Class
B variance may be appealed under the same procedures if
such appe~.1 can be decided in a timely way.. Decisions of
the city manager in approving a Class A variance are final.
(Section 4.084 added by Ordinance No. 17435, enacted July 28, 1975, and amended by
Ordinance No. 19274, enacted August 13, 1984; Ordinance No. 19606 enacted February 27,
1989; Ordinance No. 19697, enacted June 25, 1990; Ordinance No. 19902, enacted February
17, 1993, effective March 19, 1993; and administratively amended by Ordinance No. 20113,
enacted April 6, 1998, effective May 6, 1998.)
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9.618
Eugene Code
ATTACHMENT B
9.636
cannot be reconstructed except in conformity with the provis1ons of
this code.
(c) I f a nonconformi ng structure i s moved. it must then }
con~~ to the regulations of the district in which it is located
after it is moved.
(d) On any nonconformi ng structure or porti on of a structure
containing a nonconforming use. ordinary repair is permitted if. in
any 12 month period. the work does not exceed 50 percent of the
current replacement cost of the nonconforming structure or portion
of the nonconforming structure. as the case may be.
(Section 9.618 amended by Ordinance No. 19835. enacted April 13. 1992. effective
J u 1 y 1, 1992.)
9.620
Exemptions. The following are exempt from these non-conformity
provisions: _
(a) Sui 1 di ngs and uses rep 1 aci ng those perm; tted i n the
former RG district when that district was deleted (March 11. 1985)
providing the buildings and uses are not closer to property lines or
exceed the density. height. or coverage of the original development.
This exemption is limited to the development site on which the
buildings or uses existed on March 11. 1985.
(b) Additions to existing dwellings. churches. and schools
if they otherwise conform to the regulations then in effect in the
district in which they are located.
(c) Buildings and uses existing and legally permitted or
permitted conditionally in the 1-2 and 1-3 zoning districts as
listed in the zoning ordinance on January 27. 1982. are exempt from
regulations pertaining to non-conformities. This exemption is
limited to development sites in the 1-2 and 1-3 zoning districts on
which the buildings or uses existed on January 27. 1982.
(d) Buildings and uses which had a conforming residential
density according to the. zoning ordinance on (date of adoption) are
exempt from regulations pertaining to non-conformities. This
exemption is limited to development sites in the R-2. R-3. and R-4
zoning districts on which the residential building and uses existed.
or in which a building permit or land use application. is pending on
(date of adoption). If such a building which is nonconforming for
minimum density is destroyed by fire or other causes beyond the
control of the owner, the development site may be redeveloped with
the previous number of unites) if completely rebuilt within five
years. If not completely rebuilt within five years. the development
site is subject to the density standards of section 9.546.
(Section 9.620 amended. by Ordinance No. 19328. enacted June 10. 1985: Ordinance
No. 19835. enacted April 13. 1992. effective July 1. 1992: and Ordinance No.
19995; enacted December 7, 1994. effective January 6. 1995.)
Performance Standards
9.636 Description and Purpose. The provisions of sections 9.636 to 9.662.
are known as the performance standards. All uses and activities
shall observe these standards in order td achieve the purpose and objectives of
this zoning ordinance as set forth in section 9.252.
(Section 9.636 added by Ordinance No. 18915. enacted January 27. 1982.)'~J
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Eugene Code
9.644
9.638 Existina Uses. Activities. uses, equipment and processes existing
as of January 27, 1982. that do not meet the standards set forth in
sections 9.636 to. 9.662 are subject to the following requirements:
(a) No use shall be changed in a manner that could result in
a greater degree of nonconformity.
-(b) Expansions an~ installation of new equipment or
processes sha 11 conform to app 1 i cab 1 e standa rds as set forth i n
s.ecti ons 9.636 to 9.662. .
(c) Time limits on existing use noise emissions that exceed
stipulated maximums are prescribed in section 9.644(b).
(d) All uses not otherwise prescribed by this ordinance
sha 11 conform to app 1 i cab 1 e federa 1, state, and 1 oca 1 1 aws and
regulations.
(Sections 9.638 added by Ordinance No. 18915, enacted January 27, 1982.)
9 . 640 New Uses. Act i vi ties, uses, equipment and processes estab 1 i shed
after January 27. 1982. shall observe the following requirements:
(a) Applicable standards as set forth in sections 9.636 to
9.662. When federal or state standards are more strict. they shall
be observed.
(b) Prior to issuance of a building permit or certificate of
occupancy, the building official may require:
1. Evidence that mandatory federal. state. and local
permits have been obtained.
2. Information demonstrating that the proposed use.
act i vi ty, process or equi pment wi 11 camp 1 y wi th app 1 i cable
standards set forth in secti ons9. 636 to 9.662 . This in forma -
t i on may be requi red as a report of findi ngs prepa red by
qualified engineers or other technical consultants.
(Section 9.640 added by Ordinance No. .18915. enacted January 27. 1982.)
9.642 Measurements. Accurate and representati ve measurements as necessary
shall be made according to accepted engineering practice. Measure-
ments sha 11 be made at or anywhere beyond the property 1 i nes :of the property from
which the emission is generated.
(Sections 9.642 added by Ordinance No. 18915, enacted January 27, 1982.)
9.644 Noise. In addition to applicable provisions in Chapter 4 of this
code. maxi mum sound em; ss; ons sha 11 not exceed equi va 1 ent sound
pressure levels in decibels, A-Weighted Scale, for anyone hour as stipulated in
the table in this section. These maximums are applicable beyond any property
lines of the property containing the noise. Equivalent sound pressure level
(Leq) is a measure of the sound level for anyone hour. It is the energy average
of all the various sounds emitted from the source during the hour. A-Weighted
Scale is used to adjust sound measurements to simulate the sensitivity of the
human ear.
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9.644
(')
.: ,,7
(a) Maximum one-hour equivalent sound pressure levels:
A-Weighted. (dBa).
. Recei vi no Propert y Zoni no Di stri ct
Time of Day Residential I-I. Commercial
7 am - 10 pm 57 65 65
10 pm - 7 am 50 65 60
In the event the recei vi ng property i s occupi ed by a dwe 11 i ng .
hospital. school. library or nursing home. even though it may be
otherwi se zoned for commerci a 1 or i ndustri a 1 and related uses.
maximum one-hour equivalent sound pressure received shall be:
Time of Day Level
7 am - 10 pm 57
10 pm - 7 am 50
(b) Existinq Uses. Noise emissions from uses existing as of
January 27. 1982. that exceed prescribed maximums shall comply with
those maximums within 24 months thereof.
(c) Noises of short duration. For noises of short duration
or impulsive character. such as hammering. maximum one-hour sound
pressure levels permitted beyond the property of origin sha 11 be
seven decibels less than those listed in section 9.644(a).
(d) Noises of unusual periodic character. For noises of
unusual periodic character. such as humming. screeching. and pure
tones, the following median octave band sound pressure levels, as
required by the Department of Environmental Quality, shall not be
exceeded beyond the property of origin when the receiving property
is residentially zoned or is occupied by a dwelling, hospital,
school, library, or nursing home:
1. Median Octave Band Sound Pressure Levels
. '\
,',
~;,
Octave Band Center
Frequency. Hz 7am-l0pm 10pm-7arn
31.5 68 65
63 65 62
125 61 56
250 55 50
500 52 46
1,000 49 43
2,000 46 40
4,000 43 37
8,000 40 34
2. Addi t i ana 1 allowance. When the rece; vi ng property
is not occupied by a. dwelling, hospital, school, library, or
nursing home. an additional sound decibel emission above the
pressure levels specified in section 9.644(d)1. above shall be
perrnittedas follows:
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9.646
Receivinq Property Zone
I-I
Corrmercial
Additional Decibels Allowed
10
5
(e) Exemptions. Local noise standards set forth in this
section do not apply to the following situations:
1. Emergency equipment operated on an irregular or
unscheduled basis.
2. Warning devices operated continuously for no more
than five minutes.
3. Rai 1 road equi pment when subject to federa 1 or
state regulations.
4. Bells, chimes, or carillons.
5. Non-electronically amplified sounds at sporting,
amusement, and entertainment events.
6. Construction site sounds, except that they shall
be confined to 7 a.m. through 7 p.m.
7. Lawn and plant care machinery fitted with correct-
ly functioning sound suppression equipment and operated
between 7 a. m . and 9 p. m. -
8. Aircraft when subject to federal or state regula-
tions. .
9. Agri cultura 1 equipment operated between 7 a. m. and
7 p.m.
(f) Exceptions. Upon -written application from the owner or
operator of an i ndustri a 1 or comnerci a 1 no; se source, the ci ty
manager or the manager's designee may authorize or conditionally
authorize exceptions to local noise emission standards in the
following situations:
1. Infrequent noise.
2. Noise levels at or anywhere beyond the property
lines of the property of origin when exceeded by an exempt
noise, as listed in section 9.644(e) above, in the same loca-
tion.
3. Noise levels on property owned or controlled by
the person generating the noise.
4. If after applying reasonably available control
technology, a use existing as of January 27, 1982, is unable
to conform ,to the standards established by this section.
Exception applications shall be filed in the office of the building
di vi s i on on a form prescri bed by that di vi sian. and sha 11 be
accompanied by a fee as established by council resolution.
(Section 9.644 added by Ordinance No. 18915. enacted January 27. 1985: amended
by Ordinance No. 19061, enacted November 22. 1982: Ordinance No. 19327. en~cted
June 10, 1985: and Ordinance No. 19770, enacted April 22, 1991, effective May 22,
1991.)
9 . 646 Vi brat ions. No use ; n any zon; n9 di str; ct sha 11 generate ground
vibration which is perceptible without instruments by the building
official beyond the property of origin.
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ATTACHMENT C
Eugene Code
(c) Bridges and culverts shall be constructed so that there is at least 3 feet
of clearance between the ordinary high water mark and the underside of
the bridge or culvert.
(d) The lower lip of any culvert shall meet the stream or channel bed at
grade.
(e) Culverts shall be the minimum length practicable.
(15) Lighting. Area lighting shall be aimed away from resource areas where
possible, and otherwise must be aimed such that light shining on natural
resource areas is minimized to the maximum extent practicable. Area lighting
is outdoor lighting designed to illuminate an activity area, trail or bicycle path,
and shall also comply with EC 9.4830.
(16) Public Access. Access for the general public shall be consistent with
adopted policies or plans that address public access on specific sites.
(17) Location of Structures. To the maximum extent practicable, new buildings,
roads and other new impervious surfaces associated with interpretive centers
or wetland maintenance facilities shall be located outside boundaries of
wetlands identified for protection in adopted plans and policies.
(18) Mitigation Site Buffers. When low value wetland sites within the NR zone
are restored or enhanced for mitigation credit, a 25 foot buffer shall be
maintained around the perimeter of the mitigation area, but within the
jurisdictional wetland boundary. All provisions for permitted uses,
conditionally permitted uses, prohibited practices and applicable special
standards that apply to /WB wetland buffer, as specified in EC 9.4800 through
EC 9.4860 shall apply to mitigation site buffers.
(19) Site Layout. High activity areas, including traffic lanes, loading docks, and
group gathering areas shall be located as far away from wetlands, water
features and other protected natural areas as is practicable.
(20) Noise. For inventoried sites that.received a Wildlife Habitat Rating of greater
than 60 in the Metropolitan Natural Resources Inventory (Lev, 1990) and sites
designated as high value wetlands in the wetland buffer provisions of this
code, noise generated by uses within the NR zone and the wetland buffer
overlay zone (as measured at the wetland boundary) and within the waterside
protection overlay zone (as measured at the top of the high bank) shall not
exceed the following standards:
(a) Maximum sound emissions shall not exceed equivalent sound pressure
levels in decibels, A-Weighted Scale, for anyone hour as stipulated in
subsection (b) of this section. Equivalent sound pressure level (Leq) is a
measure of the sound level for anyone hour. It is the energy average of
all the various sounds emitted from the source during the hour. A-
Weighted Scale is used to adjust sound measurements to simulate the
sensitivity of the human ear.
(b) Maximum one-hour equivalent sound pressure levels:
A-Weighted (dBa)
Receivina Prooertv Residential Broad Zone Cateaorv
Time of Dav Level
7 am - 10 prTJ 57
10 pm - 7 am 50
(c) Noises of short duration. For noises of short duration or impulsive
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character, such as hammering, maximum one-hour sound pressure
levels permitted beyond the property of origin shall be seven decibels
less than those listed in subsection (b).
(d) Noises of unusual oeriodic character. For noises of unusual periodic
character, such as humming, screeching, and pure tones, the following
median octave band sound pressure levels, as required by the
Department of Environmental Quality, shall not be exceeded beyond the
property of origin when the receiving property is in the NR zone:
Median Octave Band Sound Pressure Levels
Freauencv. Hz
31.5
63
125
250
500
1 ,000
2,000
4,000
8,000
Octave Band Center
7am-10om
68
65
61
55
52
49
46
43
40
10om-7am
65
62
56
50
46
43
40
37
34
(e) Exemotions. Local noise standards set forth in this section do not apply
to the following situations:
1. Emergency equipment operated on an irregular or unscheduled
basis.
2. Warning devices operated continuously for no more than 5
minutes.
3. Railroad equipment when subject to federal or state regulations.
4. Bells, chimes, or carillons.
5. Non-electronically amplified sounds at sporting, amusement, and
entertainment events.
6. Construction site sounds, except that they shall be confined to 7
a.m. through 7 p.m.
7. Lawn and plant care machinery fitted with correctly functioning
sound suppression equipment and operated between 7 a.m. and 9
p.m.
8. Aircraft when subject to federal or state regulations.
9. Agricultural equipment operated between 7 a.m. and 7 p.m.
(f) Exceotions. Upon written application from the owner or operator of an
industrial or commercial noise source, the city manager or the
manager's designee may authorize or conditionally authorize exceptions
to local noise emission standards in the following situations:
1. Infrequent noise.
2. Noise levels at or anywhere beyond the property lines of the
property of origin when exceeded by an exempt noise, as listed in
subsection (d) above, in the same location.
3. Noise levels on property owned or controlled by the person
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Eugene Code
generating the noise.
4. If after applying reasonably available control technology, a use
existing as of January 27, 1982, is unable to conform to the
standards established by this section.
Exception applications shall be filed at the city's permit and information
center on a form prescribed by the city manager, and shall be
accompanied by a fee as established by the city manager pursuant to
EC 2.020 City Manaaer - Authority to Set Fees and Charaes.
(Section 9.2530, see chart at front of Chapter 9 for legislative history from 2/26/01 through
6/1/02.)
9.2540 Natural Resource Zone Lot Standards. There are no minimum frontage or width
requirements in the natural resource zone. There are no lot area requirements in
the NR zone except when the zone is applied based on 9.2510(3).
(Section 9.2540, see chart at front of Chapter 9 for legislative history from 2/26/01 through
6/1/02.)
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