Agenda - 10-06-1986 - Laserfiche WebLink

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mow. 8 Article 6.14.2 of the Zoning Ordinance sets performance standards in regard to permitted noise levels. For properties zoned EC 5, noise levels cannot exceed 50 decibels between 7:00 a.m. and 7: 00 p.m. or 45 decibels between 7:00 p.m. and 7:00 a.m. For purposes of comparison, the noise level on a busy urban street is 90 decibels, while an accelerating motorcycle is rated at 110 decibels. The racing of automobile engines on Lot 11 would fall within the same general rating. The Sheriff's Department has a decibel meter with which to determine if performance standards are met. The obvious problem of enforcement is that noise levels could be decreased at the time deputies appear to take measurements. A similar problem already exists in that automobile noise levels are increased after deputies have warned the occupants of the site that they are disturbing neighbors. The Planning Department recommends approval of the rezoning of Lot 10 from EC-5 to R-1. The Planning Department recommends that Lot 11 be left in an R- 1 classification. Nonresidential uses on that site would become nonconforming and subject to the provisions of Article 11.9. Basically, that use would be allowed to remain and continue to operate as a nonconforming use as long as it did not cease to exist for a period of more than six months. If it were replaced with another use, that use would have to be one that is permitted in the R-1 district. Due to the nature of the complaints and the current use of the property, staff feels that this would be the best long-range solution. Commissioner Carey inquired if there had been complaints about the EC-5 tracts across the street. Collins responded no. Robert Faircloth, owner of the property in question, indicated he had talked with the operators of auto repair shop and had stressed to them that the noise must cease or he would have to ask them to vacate the premises. Bob Snyder, owner of the adjacent property stated that he had not seen any reduction in activity and the noise had not decreased. Yuhasz inquired if there were performance standards for non conforming uses as related to noise. County Attorney Geoffrey Gledhill responded that there are no noise standards for residential developments in the Zoning Ordinance. Collins stated there is a Noise Ordinance which could be enforced in this situation. Bob Snyder, owner of property across the street from the Faircloth property (Lot #11) . He stated that the operators work on domestic vehicles as well as race cars. He noted that he filed a complaint with the Orange County Planning Department on August 7, 1986 with Gene Bell. He read from the original complaint noting traffic hazards created by autos being parked on the right-of-way on either side of the road as well as excessive noise during and after business hours. He noted that much of the work was done on race car engines which have no mufflers which would reduce the the noise to an acceptable level. Numerous requests have been made of the garage operators to stop or at least decrease the volume of noise generated after regular working hours with no success. He noted that complaints have been filed over the last twenty months with the Sheriff's Department. When the deputies leave the site, the noise level increases rather than decreases. Deputies