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 Marion County
 Code of Ordinances
 Chapter 13. NOISE AND VIBRATION CONTROL

  § 13-7. Maximum permissible sound levels; land use acoustic categories; times; measurement descriptors; and adjustment for character of sound.  

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  • (a)

    Table 1 lists land use acoustic categories described by the letter symbol A, B, C, and D. These land use acoustic categories are to be used for the correlating times set forth in Table 2, the Sound Level Limits. Subject to subsections (b), (c), and (d) of this section, the sound level limits set forth in Table 2 by the land use acoustic categories described in Table 1, shall not be exceeded at the receiving property line by noise emanating from either the same land use acoustic category or by a different land use acoustic category. (For example, the sound level limit for a noise sensitive zone at any time is 55 dB(A) as shown in Table 2. This sound level limit of fifty-five (55) dB shall not be exceeded by sound emanating from a residential area at any time although the sound level limit of the residential use property is sixty-five (65) dB(A) from 7:00 a.m. until 10:00 p.m.).

    TABLE 1—LAND USE ACOUSTIC

    CATEGORIES

    Letter Symbol for Land Use Acoustic Category Description of Land Use Acoustic Category
    A Noise-sensitive zone.
    B Residential areas, hotels, motels, time share condominiums, picnic areas, recreation areas, playgrounds, active sports areas, or parks.
    C Commercial or professional/office areas where commerce, e.g. retail sales, and/or professional services are offered, or areas zoned as such, excluding commercial areas used for industrial uses.
    D Industrial or commercial areas where manufacturing, production/shipping, or other industrial uses occur.

     

    TABLE 2—TIME AVERAGED (LEQ)

    A-WEIGHTED SOUND PRESSURE

    LEVEL LIMITS

    Land Use
    Acoustic
    Category*     		Time Sound Level
    db(A)
    A Any time 55
    B 7:00 a.m. to 10:00 p.m. 65
    B 10:00 p.m. to 7:00 a.m. 55
    C 7:00 a.m. to 10:00 p.m. 65
    C 10:00 p.m. to 7:00 a.m. 60
    D Any time 75

     

    *See Table 1 above for correlation of letter symbol with description of land use acoustic category.

    (b)

    The sound level limits set forth in Table 2 shall be exceeded when the either of the following occur:

    (1)

    The Leq value for the required measurement period is greater than the established land use acoustic category limits in Table 2; or

    (2)

    The sound at any one point in time exceeds the established land use acoustic category limits in Table 2 by a measured sound level of fifteen (15) decibels or more.

    (c)

    For any source of sound which emits a pure tone, the sound level limits set forth in Table 2 shall be reduced by five (5) dB(A).

    (d)

    The land use acoustic categories set forth in subsection (a) shall be subject to existing special use permits, special exceptions, conditional zoning, nonconforming uses, and variances.

    (e)

    Existing commercial uses as of the adoption date of this ordinance [from which this section derives] shall comply with the noise and vibration standards no later than six (6) months from said adoption date.

    (f)

    Existing industrial uses as of the adoption date of this Ordinance No. 99-2 shall comply with the noise and vibration standards no later than one year from said adoption date.

(Ord. No. 99-2, § 1, 1-19-99; Ord. No. 15-08, § 1, 6-16-2015)