35-2021 - Amend 515.05 Noise Control

Home Browse Search

ORDINANCE NO. 35-2021 Placed on 1st reading & referred to HPD 10/4/21; 2nd reading 10/18/21 Bullock, Kepple, . L ..t:Len, Nle f'f, BY: O'Malley, Rader:, Sha.chner.. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council to amend Section 515.05 of the Noise Control Ordinance to adjust the maximum sound levels permissible by the receiving land use. WHEREAS, the zoning code currently permits air conditioning units in the side yard set back in residential zones to be installed as long as the manufacturer's specifications indicate that the unit does not produce more than 70 dba; and WHEREAS, the current noise ordinance is in conflict with this provision as it does not permit the installation of air conditioning units in all zones so long as they don't exceed 70 dba; and WHEREAS, this discrepancy should be fixed so that air conditioning units in all zoning districts are permitted so long as they do not exceed 70 dba; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments in that these provisions should be reconciled; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. That Section 515.05 Maximum Permissible Sound Levels by Receiving Land Use of the Codified Ordinances of the City of Lakewood, currently reading as follows: 515.05 MAXIMUM PERMISSIBLE SOUND LEVELS BY RECEIVING LAND USE. No person shall operate, cause to be operated, or permit on private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in Table 1 when measured at or within the property boundary of the receiving land use. TABLE 1. SOUND LEVELS BY RECEIVING LAND USE Receiving land -use category Time Sound level limit DBA Districts RIL, RIM, RIH R2, NIL, and 8:00 a.m. - 9:00 60 WIL p.m. 9:00 P.M. - 8:00 50 a.m.