Agenda - 11-21-2011 - C5 - Laserfiche WebLink

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Article 6: Development Standards 343 Section 6.4: Performance Standards (5) Noise levels for the extraction of earth products and landfills shall be as set forth in Sections 5.11 and 5.12. (B) Commercial, Industrial, and Conditional Zoning Districts (1) Within the LC -1, O -I, El, or 1 -1 district, no permitted Principal Use, Special Use or Accessory Use shall generate noise that tends to have an annoying or disruptive effect upon uses located outside the immediate space occupied by that use. (2) The following table establishes the maximum permissible noise levels for permitted uses, special uses, conditional uses and accessory uses in the NC -2, CC -3, GC-4, EC -5, AS, 1-2,1-3, and CZ districts: (C) Economic Development Zoning Districts (1) Maximum Permitted Sound Levels 84 The additional language is suggested in order to ensure that a parcel zoned as a Conditional District or one of the "Other" Districts is properly protected if a neighboring parcel is developed. 85 Using the word "category" here is unnecessary and potentially confusing since the limits refer to a specific use (i.e., the use generating the noise) and not a category of uses. Staff is also suggesting an increase in the noise level limits which are currently quite low (see comparative examples of decibel levels in other information included with this amendment package). Note that the existing levels in the "Industrial" row appear to be in error since the nighttime levels are actually higher than the daytime levels. 86 Using the word "type" instead of "category" is suggested because in the EDDs, the Land Use category depicted in the Land Use Element of the Comprehensive Plan is "Economic Development ", which is not even addressed on this chart. Staff believes the intent of the regulation was to apply the noise limits within the EDD as well as to parcels located near the EDDs. Staff is also suggesting an increase in the noise level limits which are currently quite low (see comparative examples of decibel levels in other information included with this amendment package). Note that the existing levels in the "Commercial' and "Industrial" rows appear to be in error since the nighttime levels are actually higher than the daytime levels. Orange County, North Carolina — Unified Development Ordinance Page 6 -15 COMMERCIAL, TABLE 6.4.3.13: . • PERMITTED MAXIMUM SOUND ZONING OF ADJACENT .: FOR DEVELOPMENT NC -2, 1 -2 [11 45-50 1 58 60 50 58 60 Residential CC -3, GC -4, EC -5, 1 -3, AS, CZ Districts 2 NC-2,1-2 1 59 60 55 65 55 65 6070 Commercial CC -3, GC -4, EC -5, 1 -3, AS, CZ Districts 2 NC-2,1-2 [11 65 6070 70 65 75 Industrial CC -3, GC -4, EC -5, 1 -3, AS, CZ Districts 2 NOTES: [1] Measurements shall be taken at the boundary line of the zoning lot. [21 Measurements shall be taken at the boundary line of the zoning district. (C) Economic Development Zoning Districts (1) Maximum Permitted Sound Levels 84 The additional language is suggested in order to ensure that a parcel zoned as a Conditional District or one of the "Other" Districts is properly protected if a neighboring parcel is developed. 85 Using the word "category" here is unnecessary and potentially confusing since the limits refer to a specific use (i.e., the use generating the noise) and not a category of uses. Staff is also suggesting an increase in the noise level limits which are currently quite low (see comparative examples of decibel levels in other information included with this amendment package). Note that the existing levels in the "Industrial" row appear to be in error since the nighttime levels are actually higher than the daytime levels. 86 Using the word "type" instead of "category" is suggested because in the EDDs, the Land Use category depicted in the Land Use Element of the Comprehensive Plan is "Economic Development ", which is not even addressed on this chart. Staff believes the intent of the regulation was to apply the noise limits within the EDD as well as to parcels located near the EDDs. Staff is also suggesting an increase in the noise level limits which are currently quite low (see comparative examples of decibel levels in other information included with this amendment package). Note that the existing levels in the "Commercial' and "Industrial" rows appear to be in error since the nighttime levels are actually higher than the daytime levels. Orange County, North Carolina — Unified Development Ordinance Page 6 -15