PRESENTER: Presenter
Christopher J. Looney, AICP, Planning and Development Services Director
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SUBJECT: Title
Public hearing and first reading of an ordinance to amend to the City’s Code of Ordinances, Chapter 144 Zoning, Subsection 5.3-4, additional residential buffering requirements.
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DEPARTMENT: Planning and Development Services
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COUNCIL DISTRICTS IMPACTED: All
BACKGROUND INFORMATION:
The Planning and Development Services Department reviewed the regulations set forth in Section 144-5.3-4, Additional Residential Buffering Requirements, adopted with Ordinance No. 2012-49, on September 10, 2012. The ordinance states the following, regarding outdoor audio and outside music:
(b) Where a non-residential building or a multifamily development is adjacent to residential uses or residential zoning outdoor audio or speakers are prohibited unless being used to provide ADA access at fuel pumps.
(c) Where a non-residential building or a multifamily development is adjacent to residential uses or residential zoning outside music is prohibited.
Since 2012, three additional ordinances related to noise, outside audio, and outdoor music have been adopted/updated by City Council:
• Section 82-9, Noise Regulations, also known as the “Noise Ordinance”, was adopted with Ordinance 2015-43 on August 24, 2015. The noise ordinance sets forth maximum permissible sound levels (decibels) for residential districts and nonresidential property, as well as distance requirements and hours of operation. This is the ordinance that is used by the Police Department when responding to noise complaints and issuing citations for noise violations.
• Section 144-5.17, Short Term Rental or Occupancy, was last updated with Ordinance 2020-20, on March 9, 2020. This ordinance reiterates that occupants and guests of a short-term rental must comply with the Noise Ordinance as set forth in Chapter 82 as noted above.
• Section 91.3, related to special events, was adopted in the Zoning Ordinance but recently relocated to its own Chapter (91) with Ordinance 2023-07 on February 27, 2023. This ordinance states that music or sound for special events, amplified or otherwise, may not be any closer than 200 feet from residential uses and zoning; must be oriented away from residential; and reiterates required compliance with the Noise Ordinance.
ISSUE:
A presentation was held before City Council on Monday, August 21, 2023, where city staff noted having identified the following issues:
• The subject Zoning Ordinance sections were added to address specific issues of concern in 2012, prior to adoption of typical municipal noise/sound ordinances that address such issues.
• These two sections now result in redundancy in plan review and code enforcement, and have impacted some development opportunities over the years.
• The reference in these sections to “residential uses or residential zoning” speaks specifically to the “stacked” or cumulative/pyramidal zoning concept within the current ordinance, since there are legally nonconforming residences still within the manufacturing, industrial and commercial zoning districts.
• Including these prohibitions when “adjacent” results in inconsistent limitations at varying distances, i.e. one music-related use might be farther from residential than another, however neither would be allowed.
• The reference to ADA allowances at fuel pumps is outdated in consideration of modern screens and audio at fuel pumps, electric vehicle charging stations, and other kiosk type uses. Additionally, it is unnecessary to include in the Zoning Ordinance as any requirements of the Americans with Disabilities Act will always supersede any local municipal ordinances; including it here could lead some to the inaccurate conclusion that fuel pumps are the only types of uses that have ADA exceptions to local ordinances.
• The Land Development Ordinance (LDO) consultants assisted by researching other cities: they were unable to find other cities with similar such audio, speaker or music prohibitions; most cities address sound/music nuisances through fully researched and vetted noise ordinances based on decibel level limits.
After the August 21st presentation, City Council directed staff to prepare an amendment to delete (b) and (c) from Section 144-5.3-4, Additional Residential Buffering Requirements, allowing the current Noise Ordinance to control.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
Approval.
The Planning Commission held a public hearing on September 6, 2023, and unanimously recommended approval (8-0-0).