06-10-08 Item 81 South Miami
All- America CRY
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Sanford A. Youkilis, Acting Planning Directo
Date: June 3, 2008 ITEM No.
Subiect
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, TO REVISE AND ADD A SUBSECTION TO
SECTION 20- 3.6(Q) ENTITLED "SCREENING OF EXTERIOR HEATING,
VENTILATING, AND AIR CONDITIONING EQUIPMENT" IN ORDER TO
ADDRESS THE NOISE ISSUE ' ASSOCIATED WITH AIR- CONDITIONING
COMPRESSOR EQUIPMENT AND /OR OTHER MECHANICAL EQUIPMENT
PRODUCING NOISE LEVELS EXCEEDING 65dB (decibels); PROVIDING
FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE
BACKGROUND
The City Code currently provides for the prohibition of unnecessary or excessive noise coming
from music, bells, whistles, horns, construction equipment, combustion engines, and motor boats,
etc. This part of the Code (Sec. 15 -79 thru 15 -95) provides that the individual producing noise
which "is an annoyance to the public" can be issued a violation. There are no specific standards
listed. The violation is determined by a City enforcement agent.
In recent years most noise complaints have been related to air conditioning units, generators and
other outdoor mechanical equipment which can give off a serious high level of noise. Residents
living in the vicinity of commercial buildings or multi - family housing are often disturbed by the
excessive noise from older air conditioning systems and other mechanical equipment. These
higher than normal noise levels is detrimental to the public health, safety, welfare and quality of
life of the residents of the City.
PROPOSED AMENDMENT
In order to respond to the excessive noise from building generated equipment it is recommended
that the police /enforcement power of the Land Development Code be used.. The Land
Development Code already has a section which sets forth requirements and standards for
screening of exterior heating, ventilating, and air conditioning equipment. It is being proposed
that this section (Sec. 20 -3.6Q) be amended to include standards and procedures for limiting noise
from these same elements as well as any other mechanical equipment.
In order to assure that these standards are enforceable the amendment includes a chart indicating
maximum acceptable sound levels measured in decibels (dBA). These maximum decibel levels
are used in many municipalities and has proven to be of great assistance to code enforcement
efforts.
2
The City of South Miami has used a sound meter (measures decibels) in order to test the
standards being proposed in the ordinance. The testing was done at night and during the day.
Attached are noise history profile tests recently done by personnel from the City's Enforcement
Division. These tests verify the sound level maximums set forth in the City's proposed ordinance.
PLANNING BOARD ACTION
The Planning Board at its May 13, 2008 meeting conducted a public hearing and recommended
additional requirements and clarifications. This additional language is shown in italics in attached
draft ordinance. The Board adopted a motion by a vote of 5 ayes 0 nays recommending approval
of the revised ordinance.
RECOMMENDATION
It is recommended that the proposed amendment to Section 20- 3.6(Q), as recommended by the
Planning Board be approved on first reading.
Backup Documentation:
Draft Ordinance
LDC Section 20- 3.6(Q)
Noise Profile Test results
Planning Board Minutes Excerpt 5 -13 -08
Public notices
SAY
X: (Comm items120M6- 3- WLDCAmend Sound Levels CMReport.doc
I NOTE: New wording in bold /underlined; new wording added by
2 Planning Board shown in bold/ italics,; wording to be removed
3 indicated by strike - through.
4 ORDINANCE NO.
5
6 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
7 OF SOUTH MIAMI, FLORIDA, AMENDING THE CITY OF SOUTH MIAMI
8 LAND DEVELOPMENT CODE, TO REVISE AND ADD A SUBSECTION TO
9 SECTION 20- 3.6(Q) ENTITLED "SCREENING OF EXTERIOR HEATING,
10 VENTILATING, AND AIR CONDITIONING EQUIPMENT" IN ORDER TO
11 ADDRESS THE NOISE ISSUE ASSOCIATED WITH AIR - CONDITIONING
12 COMPRESSOR EQUIPMENT AND /OR OTHER MECHANICAL EQUIPMENT
13 PRODUCING NOISE LEVELS EXCEEDING 65dB (decibels); PROVIDING FOR
14 SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN
15 EFFECTIVE DATE
16
17 WHEREAS, the Land Development Code Section 20- 3.6(Q) sets forth requirements and
18 standards for screening of exterior heating, ventilating, and air conditioning equipment; and
19
20 WHEREAS, residents residing near buildings with older air conditioning systems and other
21 mechanical equipment have been impacted by higher than normal noise levels generated by these
22 systems; and
23
24 WHEREAS, higher than normal noise levels is detrimental to the public health, safety,
25 welfare and quality of life of the residents of the City; and
26
27 WHEREAS, the Planning Board at its May 13, 2008 meeting, after public hearing, adopted
28 a motion by a vote of 5 ayes 0 nays recommending that the proposed Land Development Code
29 amendment to address the noise levels from air - condition compressor equipment and/or other
30 mechanical equipment be approved; and
31
32 WHEREAS, the City Commission desires to accept the recommendations of the Planning
33 Board and enact the aforesaid amendment.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
37
38 Section 1. That Section 20- 3.6(Q) of the Land Development Code is hereby amended to read as
39 follows:
40 "(Q) Screening and SoundprooFng of Exterior Heating, Ventilating, Air Conditioning
41 Equipment, and Other Mechanical Equipment
42
43 (1) Air - cooled condensing and/or compressor equipment, water cooling towers, and
44 any other similar mechanical or service equipment or apparatus installed on the
45 roof of any building erected after the date of the passage of this ordinance shall be
46 screened from view by a parapet wall or such other screening device as shall be
47 approved by the environmental review and preservation board. Such screening
48 shall be constructed so as to conceal the equipment visible in elevation.
49
50 (2) Air - cooled condensing (excluding window and wall units), and/or compressor
51 equipment, water cooling towers, liquid propane gas tanks, irrigation pumps, pool
52 equipment, and any other similar mechanical or service equipment or apparatus
53 installed after September 1, 1992, on the ground or on a building (other than-on its
54 roof) shall be screened from view, at ground level outside the subject property, by
2
1 the use of landscaping or such other screening device as shall be approved by the
2 environmental review and preservation board.
4 (3) It shall be unlawful to operate mechanical equipment including air - cooled
5 condensing (excluding window and wall units), and /or compressor
6 equipment, and any other noise producing equipment in an all residential,
7 institutional, commercial and industrial zoned property, when such
8 equipment emits noise which exceeds the following noise levels, measured at
9 the receiving property line nearest to the source; such sound levels shall be
10 measured by City of South Miami staff or other representatives designated by
11 the City Manager with a sound level meter manufactured according to
12 standards prescribed by the American National Standards Institute:
13
14 Maximum Permitted Sound Level in Decibels dBA
15
16
17 (4) The above sound levels shall= be applicable to existing, replacement or new
18 mechanical equipment including air - cooled condensing (excluding window and
19 wall units), and /or compressor equipment, mechanical equipment, and any
20 other noise producing equipment
21
22 (5) The city's existing commercial buildings shall meet the requirements of this
23 subsection and inmtediak* mitigate excessive noise levels upon the issuance of
24 a notice of violation by the City of South Miami Code Enforcement Office.
25
26
27 (6) Sound proofing shall be effective for the life of the equipment. If sound
28 proofing device /equipment is determined not to be adequate, the owner shall
29 be required to inuttediately mitigate or replace the equipment and /or sound
30 proofing material as necessary to reach acceptable_ sound levels.
31
0)
At Property Line or
At Property Line or
Beyond Between 10:00
Beyond Between 7:00
Receiving Land Use
PM -7:00 AM
AM -10:PM
Single-family
55 dBA
60 dBA
Multifamily, Institutional,
Parks and Noise - Sensitive
Zones
(Hospitals,Schools,Nursing
Homes,Church,Court or
Public Libra
60 dBA
65 dBA
Retail Commercial
(Offices, Reta i I, Restaurants
and Movies )
65 dBA
65 dBA
Wholesale Commercial and
Industrial
70 dBA
75 dBA
16
17 (4) The above sound levels shall= be applicable to existing, replacement or new
18 mechanical equipment including air - cooled condensing (excluding window and
19 wall units), and /or compressor equipment, mechanical equipment, and any
20 other noise producing equipment
21
22 (5) The city's existing commercial buildings shall meet the requirements of this
23 subsection and inmtediak* mitigate excessive noise levels upon the issuance of
24 a notice of violation by the City of South Miami Code Enforcement Office.
25
26
27 (6) Sound proofing shall be effective for the life of the equipment. If sound
28 proofing device /equipment is determined not to be adequate, the owner shall
29 be required to inuttediately mitigate or replace the equipment and /or sound
30 proofing material as necessary to reach acceptable_ sound levels.
31
0)
1 (7) Sound proofing for larger equipment serving commercial buildings shall
2 consist of at a minimum a barricade or complete ventilated enclosure lined on
3 the inside with a sound blocking (including landscaping) and sound absorbent
4 material, in order to reduce sound to an acceptable level.
6 (8) Installation of any fixed barricades or enclosures must be installed with
7 applicable permits.
8
9 (9) Measurement of sound levels at a specific location shall be the average of
10 three(3) readings each taken for a period of 30 seconds during the day or
11 night hours when subiect equipment is in continuous operation.
12
13 (10) These regulations shall not apply to generators or other equipment used
14 during a declared state of emergency or during intermittent power outages; this
15 exemption to maximum sound levels shall end when electric Power is restored.
16
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Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
I" Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
CITY ATTORNEY
day of , 2008.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
NOTE: New wording underlined; new wording added by Planning Board shown in bold/
italics,; wording to be removed indicated by strike - through.
X: \Comm Items\2008 \6- 3- 08\LDC Amend Ord Revised Section 20 -3 6Q Sound Levels (3).doc
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CITY OF SOUTH. MIAMI
PLANNING BOARD Regular Meeting
Action Summary Minutes
Tuesday, May 13, 2008
City Commission Chambers
7:30 PM
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 P.M.
The Pledge of Allegiance was recited in unison.
II. Administration: Mr. Comendeiro was duly sworn in as a member of the Planning Board.
III. Roll Call: Chairman Morton requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Farfan, and Mr. Cruz
and Mr. Comendeiro. Absent: Ms. Chael and Ms. Yates.
City staff present: Sanford A. Youkilis (Acting Planning Director), Stephen David, (CRA
Director), and Lluvia Resendiz (Administrative Assistant).
IV. Planning Board Applications/Public Hearing
(B) PB -08 -017
Applicant: City of South Miami.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE, TO AMEND SECTION 20- 3.6(Q) ENTITLED "SCREENING OF
EXTERIOR HEATING, VENTILATING, AND AIR CONDITIONING EQUIl'MENT" IN
ORDER TO SET FORTH STANDARDS FOR CONTROLLING EXCESSIVE NOISE
LEVELS ASSOCIATED WITH AIR - CONDITIONING COMPRESSOR EQUIPMENT
AND OTHER MECHANICAL EQUIPMENT PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Farfan read the item into the record.
Mr. Youkilis reported that several Commissioners have expressed concern regarding the noise
levels in the City. The Commission directed the City Attorney and the City Manager to include
additions to the current section of the code related to the screening and ventilating of air
conditioning equipment. It is due to concerned residents near commercial buildings hearing the
sound near their single family home. The City has made a commitment to initiate legislation to
monitor the sound levels. If the legislation is passed the City will purchase a sound meter in order
to accurately monitor the sound levels when a complaint is made. This will measure noise levels
in decibels at the receiving property line of the person making the complaint. There will be
different levels which will be measured during the day or night. The. City has already tested the
Planning Board Meeting
May 13, 2008
Page 2 of 3
sound level at different locations and the amendment illustrates that the decibel levels beyond what
is illustrated would be considered a violation. The sound levels will increase depending on the
zoning district. Additional comments on No. 4,5, and 6 are applicable to existing replacement or
new mechanical equipment including air cool condensers but excluding window units, compressor
or mechanical equipment, or any other noise producing equipment. The recommended standards
have been used by other cities therefore staff recommended that the ordinance be adopted.
Ms. Young questioned if the ordinance pertained to generators being used after a hurricane
disaster. Mr. Youkilis advised that the ordinance does not exclude the generators. Mr. Cruz felt
that emergency generators should be excluded from the ordinance. It was recommended to include
the language "that emergency generators during a declared emergency are exempt."
Mr. `Comendeiro questioned the length of time for the declaration of a state of emergency and the
authority whom terminates the declaration. He expressed concerns that a person may continue
running a generator long after the declaration of emergency is no longer in effect. In order to avoid
that concern Mr. Youkilis suggested adding "These regulations do not apply to generators or other
mechanical equipment used during a declared state of emergency." Mr. Cruz was concerned that if
the ordinance is not tied to an emergency use there is a potential that a developer or a contractor
may find a way to avoid the regulations within the ordinance. It was agreed that "The exemption to
run a generator shall end when normal electric power is restored" be added.
Mr. Cruz questioned No.5 in that there was no timeframe to allow a contractor of a commercial
building the adequate timeframe to correct an issued violation. He expressed concerns that an
individual working on the building will only have one day to correct the violation. Mr. Cruz was
concerned that the fines will create a hardship when having to correct the situation. Under several
circumstances it takes someone more than a month to obtain the permits, thus limiting the
timeframe. Mr. Youkilis advised that a hearing officer has the authority to mitigate any issued
violations. Mr. Morton agreed and addressed that the same issue applies to both No. 5 and 6 and
recommended removing the word "immediately" from both No. 5 and No.6. Mr. Youkilis advised
that a notice of violation has two stages first there is a warning and second there is the actual
violation at which time a hearing office could mitigate the violation.
Mr. Morton recommended making changes to include that the "sound levels shall be measured by
City of South Miami staff." He also recommended the following language be added to the
following sections: No. 6, include the language "as required to reach expectable levels;" Number 7
"including landscaping" and "as required to reduce the sound to acceptable levels;" No. 8,
"installation of any fixed barricades or enclosures when the subject equipment is in continuous
operation" and No. 9, "The installation of any fixed barricades or enclosures must be installed with
applicable permits." The Board agreed making the suggested changes as well as adding a No. 10 to
provide for exceptions under emergency situations.
Motion: Mr. Comendeiro moved to approve the ordinance and Mr. Cruz seconded with the
following recommendations:
1. No. 3 include "by the City of South Miami staff or other representatives designated by the
City Manager"
2. No. 5 remove the word "immediately"
3. No. 6 remove the work "immediately" and include at the end of the sentence "as necessary
to reach acceptable sound levels."
4. No. 7 add language "including landscaping" and at the end of the sentence include "in
order to reduce sound to an acceptable level."
5. Add a No. 8 to read "Installation of any fixed barricades or enclosures must be installed
Planning Board Meeting
May 13, 2008
Page 3 of 3
with applicable permits."
6. No. 9 include the following wording at the end of the sentence "when subject equipment is
in continuous operation."
7. Add a No. 10 to read "These regulations shall not apply to generator or other equipment
used during a declared state of emergency or during intermittent power outages; this
exemption to maximum sound levels shall end when electric power is restored."
Vote: 5 Ayes 0 Nays
XAComm Items\2008 \6- 3- 08\PB- Min- 05 -13 -08 Excerpt Sound.doc