PRESENTER: Presenter
Christopher J. Looney, AICP, Director, Planning and Development Services Department
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SUBJECT: Title
Presentation and possible direction to amend the city ordinance regarding outdoor audio and outside music regulations.
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DEPARTMENT: Planning & Development Services
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COUNCIL DISTRICTS IMPACTED: All
BACKGROUND INFORMATION:
Due to the emergence of various issues, the Planning and Development Services Department is reviewing 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.
The term “adjacent” in this section is interpreted as referring to a separation of uses by a right-of-way, drainage easement, or alley and is different from the term “abutting” which refers to tracts immediately next to each other sharing a common boundary/lot line.
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.
• 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:
• 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 create 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 both would be prohibited.
• The reference to ADA allowances at fuel pumps is outdated in consideration of modern screens and audio at fuel pumps and other kiosk type uses. And it is unnecessary as any requirements of the Americans with Disabilities Act will always trump any local ordinances. Including it here could lead someone to the inaccurate conclusion that fuel pumps are the only types of uses that have ADA exceptions to local ordinances.
• Finally, our 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.
FISCAL IMPACT:
N/A
Recommendation
RECOMMENDATION:
If City Council is inclined to consider amending the Zoning Ordinance as it relates to outdoor audio and outside music, the Planning and Development Services Department has identified a variety of options for discussion below. Any one or more of these, or other alternatives, could be considered:
1) Add distance requirements from residential zoning instead of the adjacency rule
2) Change “adjacent” to “abutting”
3) Eliminate “residential uses or” to focus on the zoning district rather than including residences in non-residential zoning districts
4) Add hours of operation of sound equipment
5) Add sound-mitigating design requirements
6) Create special permit requirements for music or audio/speaker uses
7) Remove the ADA reference
8) Create noise thresholds (dB level) specific to music, to include low frequencies
9) Delete (b) and (c) from Section 144-5.3-4 and rely on the current Noise Ordinance
With City Council direction, staff will develop specific ordinance language to present to the Planning Commission for their review and recommendation. Afterward, it would be scheduled for City Council consideration.