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Minutes - 19861006
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Minutes - 19861006
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8/14/2008 12:21:53 PM
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10/6/1986
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Minutes
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<br />6J"~6~ <br />~~Q7 <br />in regard to permitted noise levels. For properties zoned EC 5, noise <br />levels cannot exceed 50 decibels between 7:00 a.m. and 7:00 p.m. or 45 <br />decibels between 7:00 p.m. and 7:00 a.m. For purposes of comparison, <br />the noise level on a busy urban street is 90 decibels, while an <br />accelerating motorcycle is rated at 110 decibels. The racing "of <br />automobile engines on Lot 11 would fall within the same general rating. <br />The Sheriff's Department has a decibel meter with which to <br />determine if performance standards are met. The obvious problem of <br />enforcement is that noise levels could be decreased at the time <br />deputies appear to take measurements. A similar problem already exists <br />in that automobile noise ~.evels are increased after deputies have <br />warned the occupants of the site that they are disturbing neighbors. <br />The Planning Department recommends approval of the rezoning of Lot <br />l0 from EC-5 to R-l. The Planning Department recommends that Lot 11 be <br />left in an R- l classification. Nonresidential uses on that site would <br />become nonconforming and subject to the provisions of Article 11.9. <br />Basically, that use would be allowed to remain and continue to operate <br />as a nonconforming use as long as it did not cease to exist for a <br />period of more than six months. If it were replaced with another use, <br />that use would have to be one that is permitted in the R-1 district. <br />Due to the nature of the complaints and the current use of the <br />property, staff feels that this would be the best long-range solution. <br />Commissioner Carey inquired <br />EC-5 tracts across the street. <br />Robert Faircloth, owner of <br />had talked with the operators of <br />them that the noise must cease <br />the premises. <br />if there had been complaints about the <br />Hollins responded no. <br />the property in question, indicated he <br />auto repair shop and had stressed to <br />or he would have to ask them to vacate <br />Sob Snyder, owner of the adjacent property stated that he had not <br />seen any reduction in activity and the noise had not decreased. <br />Yuhasz inquired if there were performance standards for non <br />conforming uses as related to noise. <br />County Attorney Geoffrey Gledhill responded that there are no noise <br />standards for residential developments in the Zoning Ordinance. Collins <br />stated there is a Noise Ordinance which could be enforced in this <br />situation. <br />Bob Snyder, owner of property across the street from the Faircloth <br />property (Lot #11). He stated that the operators work on domestic <br />vehicles as well as race cars. He noted that he filed a complaint with <br />the Orange County Planning Department on August 7, 1986 with Gene Bell. <br />He read from the original complaint noting traffic hazards created by <br />autos being parked on the right-of-way on either side of the road as <br />well as excessive noise during and after business hours. He noted that <br />much of the work was done on race car engines which have no mufflers <br />which would reduce the the noise to an acceptable level. Numerous <br />requests have been made of the garage operators to stop or at least <br />decrease the volume of noise generated after regular working hours with <br />no success. He noted that complaints have been filed over the last <br />twenty months with the Sheriff's Department. When the deputies leave <br />the site, the noise level increases rather than decreases. Deputies <br />have also informed Mr. Snyder that there are no ordinances which they <br />
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