Noise

CITY ORDINANCES - NOISE

According to the City of Corvallis Code of Ordinances: No person shall make, assist in making, continue, or cause to be made any unreasonably loud, disturbing, or unnecessary noise (Section 5.03.030.010). The following acts are declared to be prohibited as unreasonably loud, disturbing, or unnecessary noises in violation of this Chapter: Using a mechanical device operated by compressed air, steam, or otherwise, unless the noise thereby created is effectively muffled (5.03.030.020.04).

LAND DEVELOPMENT CODE

According to the City of Corvallis Land Development Code (4.2.50.02): "ground-level air conditioning units... shall be appropriately screened with a fence, wall, or plantings, consistent with the landscape screening provisions in this Section. When located adjacent to a residential zone, outdoor components associated with heat pumps, ground-level air conditioning units and similar kinds of equipment that create noise shall not be placed within any required setback area. Additionally, if such equipment is located adjacent to a residential zone and between five - 10 ft. of a property line, it shall be screened with a solid fence or wall at least one ft. higher than the equipment."

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Section 5.03.030.010 - Loud noises prohibited.

No person shall make, assist in making, continue, or cause to be made any unreasonably loud, disturbing, or unnecessary noise.

Section 5.03.030.020 - Specific prohibited noises.

The following acts are declared to be prohibited as unreasonably loud, disturbing, or unnecessary noises in violation of this Chapter:

5.03.030.020.01 Operating a vehicle or engine, either stationary or moving, so out of repair or so loaded as to create any loud grating, grinding, rattling, or other noise.

5.03.030.020.02 The sounding of a horn or signaling device except to give notice of the time to begin or stop work or as a warning of danger.

5.03.030.020.03 Blowing a steam whistle except to give notice of the time to begin or stop work or as a warning of danger.

5.03.030.020.04 Using a mechanical device operated by compressed air, steam, or otherwise, unless the noise thereby created is effectively muffled.

5.03.030.020.05 Various/miscellaneous activities, as follows:

1)

Erecting, excavating for, demolishing, altering, or repairing a building, roadways, or utilities, other than between the hours of 7:00 am and 6:00 pm, except in case of urgent necessity in the interest of public safety.

2)

Notwithstanding the time limits of subsection 1) of this Section, the actual owner or person in possession of property may do work on property actually occupied by that person between the hours of 7:00 am and 9:00 pm.

3)

The City Manager may issue a permit authorizing activities otherwise prohibited by this Section outside of the specified time limits, if the City Manager determines that the public health, safety, and welfare will not be impaired by such activities and that substantial loss or inconvenience would result to the applicant unless the permit were granted. The City Manager may impose any reasonable conditions on the permit, including limiting the hours during which the activities may occur.

5.03.030.020.06 Using a gong or siren upon a vehicle, other than a police, fire, or other emergency vehicle.

5.03.030.020.07 Creating noise on a street adjacent to a school, institution of learning, church, or court of justice while the same is in use, or adjacent to a hospital or institution for the care of the sick or infirm, which noise unreasonably interferes with the operation of such institution or which noise disturbs patients.

5.03.030.020.08 Discharging in the open air the exhaust of a steam engine, internal combustion engine, motorboat, or motor vehicle except through a muffler or other device which effectively prevents loud or explosive noises.

5.03.030.020.09 Making a noise on a public street or in a public place by crying, calling, shouting, or by means of a whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument, or other device for the purpose of advertising goods, wares, or merchandise or of attracting attention or inviting patronage of any person to any business whatsoever.

5.03.030.020.10 Sound communication devices, as follows:

1)

Playing, using, or operating any radio, musical instrument, phonograph, television set, tape recorder, loud speaker, or other machine or device for the producing, reproducing, or amplification of sound in such a manner as to be plainly audible:

a)

within any dwelling unit which is not the source of the sound, between the hours of 10:00 p.m. and 7:00 a.m.; or

b)

at a distance of 50 feet from the source of the sound.

2)

As used in this Section, "plainly audible" means any sound for which the information content of that sound is unambiguously communicated to the listener, such as, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal, or comprehensible musical rhythm or vocal sounds.

3)

This section does not prohibit the reasonable use of mechanical loud speakers or sound amplifiers in the course of public events for which a permit has been issued in accordance with Section 5.03.030.030.

5.03.030.020.11 Using, operating, or permitting to be used or operated any mechanical loud speaker, sound truck, radio, television, or other instrument or sound-producing or sound-amplifying device for the purpose of entertaining or attempting to entertain or for the purpose of attracting attention to or inviting persons to a play, festival, picnic, or other event without first obtaining a permit in accordance with Section 5.03.030.030.

LAND DEVELOPMENT CODE

http://www.corvallisoregon.gov/modules/showdocument.aspx?documentid=8772

4.3 Accessory Development Regulations

Section 4.2.50 - SCREENING (HEDGES, FENCES, WALLS, AND BERMS) Screening is required where unsightly views or visual conflicts must be obscured or blocked and/or where privacy and security are desired. Fences and walls used for screening may be constructed of wood, concrete, stone, brick, wrought iron, or other commonly used fencing/wall materials. Acoustically designed fences and walls shall also be used where noise pollution requires mitigation. Where landscaping is used for required screening, it shall be at least six ft. in height and be at least 80 percent opaque, as seen from a perpendicular line of sight, within 18 months following establishment of the primary use of the site. A chainlink fence with slats shall qualify for screening only if a landscape buffer is provided in compliance with Section 4.2.40, above. 4.2.50.01 - Height Limit The height of hedges, fences, walls, and berms shall be measured from the lowest adjoining finished grade, except where screening is required for parking, loading, storage, and similar areas. In these cases, height shall be measured from the finished grade of such improvements. Screening is not permitted within Vision Clearance Areas, as determined by the City Engineer. a. Hedges, fences, and walls shall not exceed four ft. in height within any required yard adjacent to a street or within the Through Lot Easement area of a lot, except as provided in 4.2.50.01.d and e. See Through Lot Easement in Chapter 1.6 - Definitions. See also Chapter 4.4 - Land Division Standards for additional Through Lot requirements. The Director may grant an exception to this provision under the following circumstances: 1. Where required by the Planning Commission to meet screening requirements; 2. Where an applicant wishes to allow portions of a screen to encroach up to five ft. into a Through Lot Easement area. This type of encroachment pertains to a screen that is designed and constructed with off-sets to prevent visual monotony. In this situation, the hedge, fence, or wall shall maintain an average setback of 20 ft. from the rear property line, shall not exceed five ft. in height, and shall maintain Vision Clearance Area standards. It remains the property owner's responsibility to maintain the area outside the fence. b. Notwithstanding the height restrictions outlined in “a,” above, the height of solid fences and walls shall be limited to a maximum of four ft. when constructed within five feet of sidewalks and multi-use paths that are not adjacent or parallel to streets, and up to six feet when constructed greater than five feet from these sidewalks or multi-use paths. Examples of such situations include sidewalks and multi-use paths adjacent to pedestrian and

bicycle connections between Cul-de-sacs or between residential areas and neighborhood centers, etc. The limitation on these solid forms of screening is intended to increase visibility and public safety. Portions of fences above four ft. in height are allowed, when they are designed and constructed of materials that are open a minimum of 50 percent. Fence and wall heights shall be measured from the grade of the sidewalk or multi-use path. Fences and walls along sidewalks and multi-use paths shall be located outside of any associated rights-of-way and/or easement areas. c. Hedges, fences, and walls may exceed four ft. in rear and interior side yards, except when these yards abut a sidewalk or multi-use path, in which case provisions in “b,” above, apply. Fences and walls over six ft. high require Building Permit approval prior to construction. d. Hedges, fences, and walls up to six feet in height are allowed in exterior side yards no closer than five feet from the side-yard property line if a fivefoot-wide landscaped buffer is maintained on the street side of the fence. Exterior side yard fencing above four feet in height is not allowed to extend closer to the front property line than the rear of the building at its closest point to the exterior side yard. e. In exterior side yards of residential lots of a size less than 5,500 square feet, hedges, fences, and walls up to six feet in height are allowed to be located up to the exterior side-yard property line, unless the property line is located at the edge of a curbside sidewalk, in which case the fence shall be set back one foot from the property line. The six-foot height allowance shall extend 50 feet forward from the rear property line or to the rear of the building at its closest point to the exterior side yard, whichever distance is greater. Vision clearance standards shall be maintained (Refer to Figure 4.2-1).

f. Earthen berms up to six ft. in height may be used to comply with screening requirements. The slope of a berm may not exceed 3:1. The faces of a berm’s slope shall be planted with ground cover, shrubs, and trees. g. Long expanses of fences and walls shall be designed to prevent visual monotony through the use of off-sets, changes of materials and textures, or landscaping. h. Chainlink fences are prohibited within 100 ft. of the identified Gateway Street within the Limited Industrial-Office Zone, unless they are screened in accordance with landscape screening requirements in this Chapter.

4.2.50.02 - Service Facilities and Outdoor Storage Areas

Trash dumpsters, gas meters, ground-level air conditioning units and other mechanical equipment, other service facilities, and outdoor storage areas shall be appropriately screened with a fence, wall, or plantings, consistent with the landscape screening provisions in this Section. When located adjacent to a residential zone, outdoor components associated with heat pumps, ground-level air conditioning units and similar kinds of equipment that create noise shall not be placed within any required setback area. Additionally, if such equipment is located adjacent to a residential zone and between five - 10 ft. of a property line, it shall be screened with a solid fence or wall at least one ft. higher than the equipment. When such equipment is located adjacent to a residential zone and outside a required setback line, and is greater than 10 ft. from a property line, standard screening requirements in this Section shall apply.

https://www.orcities.org/Portals/17/Premium/ModelNoiseOrdinace2011.pdf

http://www.ecy.wa.gov/laws-rules/noise_citizen.html

ORDINANCES