HomeMy WebLinkAbout03-008ORDINANCE NO. 03-08
AN ORDINANCE AMENDING CHAPTER 1-13.8,
NOISE CONTROL, OF THE CODE OF ORDINANCES
OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING
SECTION 1-13.8-19 ("EXEMPTIONS") TO ADD
EXEMPTIONS FOR VIBRATION LEVELS;
FURTHER AMENDING SECTION 1-13.8-19
(EXEMPTIONS) TO EXEMPT NOISE AND
VIBRATION RESULTING FROM GOLF COURSE
MAINTENANCE ACTIVITIES; AMENDING
SECTION 1-13.8-20 (APPLICATION FOR SPECIAL
PERMIT) TO PROVIDE FOR VIBRATION LEVEL
SPECIAL PERMITS; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR FILING WITH
THE DEPARTMENT OF STATE; PROVIDING FOR
AN EFFECTIVE DATE; PROVIDING FOR
CODIFICATION.
WHEREAS, on February 2, 1988, the Board of County Commissioners adopted
Ordinance No. 88-20 which created Chapter 1-13.8, Noise Control, of the St. Lucie County
Code of Ordinances and Compiled Laws; and,
WHEREAS, on September 17, 2002, the Board adopted Ordinance No. 02-16 which
provided for sound measurement based upon octave bands rather than decibel levels and
established maximum permissible vibration levels; and,
WHEREAS, Section 1 - 13.8-19 (Exemptions) provides for certain use and activities
to be exempt from the noise level regulations set forth in Chapter 1-13.8; and,
WHEREAS, it is appropriate to further amend Chapter 1-13.8 to extend the
provisions of Section 1-13.8-9 to vibration levels generated by these uses and activities; and,
WHEREAS, Section 1 - 13.8-19(k) ex empts noise resulting from normal maintenance
of residential or commercial uses occurring between the hours of 7:00 a.m. and 10:00 p.m.,
Stl,~& ~l~,,~l~ words are deleted; underlined words are added.
ihcludin'g, but not limited to, the following activities: lawn mowing, maintenance of trees,
hedges, and gardens, refuse collection; soil cultivation; and pavement sweeping and
cleaning; and,
WHEREAS, it is a generally accepted standard in the golf industry to begin golf
course maintenance work prior to 7:00 a.m. in order to make a course available for longer
hours of play; and,
WHEREAS, it is appropriate to further amend Chapter 1-13.8 by amending Section
1 - 13.8-19(k) to exempt maintenance activities of golf courses; and,
WHEREAS, Section 1-13.8-20 (Application for special permit) establishes a
procedure by which a person may petition the Board for a special permit exempting a
specified activity from the noise restrictions of Chapter 1-13.8 on the basis of undue harship;
and,
WHEREAS, it is appropriate to amend Section 1-13.8-20 to also provide for special
permits from vibration level restrictions established under Ordinance No. 02-16.
NOW THEREFORE, BE IT ORDAINED by the Board of Coanty Commissioners
of St. Lucie County, Florida:
PART A. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF
ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY
AMENDED BY AMENDING SECTION 1-13.8-19 AS FOLLOWS:
Section 1-13.8-19. Exemptions.
(1) The following uses and activities shall be exempt from noise and vibration
level regulations:
(a) Noises and vibration of safety signals, warning devices, and emergency
pressure relief valves.
°o.~',,¢k tl,,,~,,sh words are deleted; underlined words are added.
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(b)
(c)
(d)
(e)
(1)
(g)
Noises and vibration resulting from any authorized emergency vehicles,
when responding to an emergency call or acting in time of emergency.
Noises and vibration resulting from emergency work as defined in 1 - 13.8-16.
Noise and vibration resulting from the operation of any type of aircraft, not
including scale model aimrafi.
Noise and vibration resulting from the operation of any motor vehicle as
specified in Chapter 316 and Chapter 403, Florida Statutes.
Noise and vibration resulting from the operation of the following facilities
existing and in operation on the effective date of this chapter:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Electricity regulating substations.
Electric generation plants.
Other electric utilities.
Gas pressure control stations.
Gas production plants.
Natural or manufactured gas storage and distribution points.
Other gas utilities.
Pipeline pressure control stations.
Railroad, rapid rail transit, and street railway transportation.
Industrial wastewater disposal.
Sewage disposal.
Sewage pressure control stations.
Sewage treatment plants.
Sewage sludge drying beds.
Water utilities and irrigation.
Solid waste disposal.
Noise and vibration resulting from agricultural activities in districts zoned
~ AG-1 (Agricultural-l), AG-2.5 (Agricultural-2.5), AG-5
words are deleted; underlined words are added.
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(h)
(J)
(k)
(1)
{Agricultural-5), and AR-1 (Agricultural, Residential-l) under Section
3.01.03 of the St. Lucie County Land Development Code.
Noise and vibration resulting from the operation of the engine of any boat on
the waters of the unincorporated areas of the county.
Noises and vibration resulting from any authorized law enforcement and
firefighting training activities including, but not limited to, sheriff department
shooting range activities.
Noise and vibration resulting from the activities of any permitted use,
conditional use or accessory use permitted in districts zoned industrial, light
under section 3.3.114, St. Lucie County Zoning Ordinance, industrial, heavy
(IH) under section 3.3.115, St. Lucie County Zoning Ordinance, and
industrial, extraction (IX) under section 3.3.116, St. Lucie County Zoning
Ordinance, existing and in operation on the effective date of this chapter.
Noise and vibration resulting from the temporary operation of equipment or
activities relating to normal maintenance of residential or commercial uses,
between the hours of 7:00 a.m. and 10:00 p.m. including, but not limited to,
the following activities: lawn mowing, maintenance of trees, hedges, and
gardens, refuse collection; soil cultivation; and pavement sweeping and
cleaning.
Noise and vibration resulting from the operation of any mining activities
under a permit issued pursuant to Chapter 1-12.5 of this Code. The hours of
operation shall be limited to the hours set forth in the permit.
words are deleted; underlined words are added.
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(m)
(n)
(o)
(2)
(3)
Noise and vibration resulting from the operation of railways and shipping
activities.
Noise and vibration resulting from construction activities occurring between
7:00 a.m. and sundown. The exemption shall be effective upon obtaining a
building permit and shall pertain to any construction activity directly related
to the construction authorized under the permit. A special permit issued
pursuant to section 1-13.8-20 shall be required for the generation of noise
and vibration resulting from construction activities between sundown and
7:00 a.m. For any violation of the terms of the special permit, the permit
holder and the violator shall be jointly and severably liable.
Any other noise and vibration resulting from activities of temporary duration
permitted by law and for which a license or permit therefor has been granted
by the board of county commissioners in accordance with section 1-13.8-20.
Any noise and vibration resulting from golf course maintenance activities.
Where an industrial or commemial use is established on property not
adjacent to a residential use district and the adjacent property subsequently
becomes residential, the noise and vibration resulting from the operation of
the pre-existing industrial or commemial use which is projected into the
residential use district, shall be subject to the permissible noise and vibration
levels for industrial or commercial use districts, as appropriate.
Where the noise and vibration levels for a pre-existing use are more
restrictive than those for a subsequent use established adjacent to the pre-
words are deleted; underlined words are added.
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existing use, the noise and vibration levels for the pre-existing use shall
apply.
PART B. CHAPTER 1-13.8, NOISE CONTROL, OF THE ST. LUCIE COUNTY
CODE OF ORDINANCES AND COMPLIED LAWS, IS HEREBY
AMENDED BY AMENDING SECTION 1-13.20 AS FOLLOWS:
Section 1-13.8-20. Application for special permit.
Application for a permit for relief from the noise and vibration levels designated in
this chapter on the basis of undue hardship may be made to the board of county
commissioners. Anypermit granted bythe board hereunder shall contain all conditions upon
which the permit has been granted and shall specify a reasonable time that the permit shall
be effective. The board may grant the relief as applied for if it finds:
(1) That additional time is necessary for the applicant to alter or modify his
activity or operation to comply with this chapter; or
(2) The activity, operation, noise or vibration soume will be temporary duration
and cannot be done in a manner that would comply with other sections of this
chapter.
(3) That no other reasonable alternative is available to the applicant;
The board of county commissioners may prescribe any conditions or requirements
it deems necessary to minimize adverse effects upon the community or the surrounding
neighborhood.
PART C. CONFLICTING PROVISIONS
Special acts of the Flor/da legislature applicable only to unincorporated areas of St.
Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with
this ordinance are hereby superseded by this ordinance to the extent of such conflict.
............ ~,, words are deleted, underhned words are added.
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PART D. SEVERABILITY
If any portion of this ordinance is for any reason held or declared to be
unconstitutional, inoperative or void, such holding shall not affect the remaining portions
of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable
to any person, property or cimumstances, such holding shall not affect its applicability to any
other person, property or circumstances.
PART E. APPLICABILITY OF ORDINANCE
This ordinance shall be applicable in the unincorporated areas of St. Lucie County,
Florida.
PART F. FILING WITH DEPARTMENT OF STATE
The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to
the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304.
PART G. EFFECTIVE DATE
This ordinance shall take upon filing with the Department of State.
PART H. ADOPTION
After motion and second, the vote on this ordinance was as follows:
Chairman Cliff Barnes AYE
Vice Chairman Paula A. Lewis AYE
Commissioner Frarmie Hutchinson AYE
Commissioner John D. Bmhn AYE
Commissioner Doug Coward AYE
PART I. CODIFICATION
Provisions of this ordinance shall be incorporated in the County Code and the word
"ordinance" may be changed to "section", "article" or other appropriate word, and the
St,~,~k th,~,~,~h words are deleted; underlined words are added.
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sections of this ordinance may be renumbered or relettered to accomplish such intentibn;
provided, however, that parts C to I shall not be codified.
PASSED AND DULY ADOPTED this 7th day of January, 2003;.
BOARD OF COUNTY COMMISSI~I~!
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN///
ATTEST:
g:\atty\ordnanc~~'~
APPROVED'AS .,T.O FORM AND
~2OUNTY ?~?RNEY
words are deleted; underlined words are added.
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