1500-21.5-080 - Noise Exception Requests — Sutter County Zoning Code

A.

If the owner or operator of a noise source demonstrates to the satisfaction of the Director that immediate compliance with the requirements of this Article would be impractical or unreasonable, the Director may issue Zoning Clearance to allow an exception from the provisions thereof. Such Zoning Clearance shall be processed in accordance with Article 1500-25-030 of this Zoning Code.

1.

A Zoning Clearance application for a noise exception shall set forth all actions taken to comply with this Article, the reasons why immediate compliance cannot be achieved, a proposed method for achieving compliance, and a proposed time schedule for its accomplishment.

2.

Any Zoning Clearance for an exception shall be for an initial term as specified by the Director, not to exceed 30 days. Longer terms up to 120 days may be granted by the Planning Commission.

3.

In reviewing a Zoning Clearance for a noise exception the approving authority shall consider:

a.

The level, intensity and duration of the noise;

b.

The magnitude of nuisance caused by the noise;

The uses of property within the area affected by the noise;

d.

The time of day that the noise occurs;

e.

The design and cost of remedial work; and,

f.

The general public interest and welfare.

4.

A Zoning Clearance for a noise exception may be subject to any terms, conditions and requirements that the approving authority may deem necessary to achieve maximum compliance with the provisions of this Article. Such terms, conditions and requirements may include, but shall not be limited to, limitations on noise levels and operating hours.

5.

Prior to the Director issuing a Zoning Clearance for a noise exception, a Notice of Intent to Approve shall be issued pursuant to Section 1500-23-060B.

(Ord. of 6-28-2022)

1500-21.5-090 - Violations

A.

The violation of any provision contained in this Article shall constitute an infraction and a public nuisance.

B.

It shall be the duty of the Director, County Sheriff and/or other assigned County officials to enforce the provisions of this Article.

C.

To determine whether there is a violation of this Article, the assigned County enforcement official will review a complaint in accordance with Sutter County Ordinance Code and may investigate and assess whether the alleged noise levels exceed the noise standards set forth in this Article.

D.

If the assigned County enforcement official has reason to believe that any provision(s) of this Article has been violated, he/she shall cause written notice to be served upon the alleged violator. Such notice shall specify the provision(s) of this Article alleged to have been violated and the facts alleged to constitute a violation, including dBA readings noted and the time and place of their detection, and shall include an order that corrective action be taken within a specified time. If corrective action is not taken within such specified time or any extension thereof approved by the County enforcement official, he/she shall commence the enforcement process specified in Article 26.

facts alleged to constitute a violation, including dBA readings noted and the time and place of their detection, and shall include an order that corrective action be taken within a specified time. If corrective action is not taken within such specified time or any extension thereof approved by the County enforcement official, he/she shall commence the enforcement process specified in Article 26.

E.

In addition to the penalties for infraction offenses and the procedures for nuisance abatement as set forth in the Sutter County Ordinance Code, any noise level and its source in violation of any of the provisions of this Article may be summarily abated, which may include, but is not limited to, removal, dismantlement and taking into custody the source of such noise, and in this regard, the confiscation of any machine or device used to violate any of the provisions of this Article is hereby authorized to be held for use as evidence in any proceeding that may be brought for such violation.

F.

It is unlawful for any person to refuse to cooperate with or to obstruct any governmental agent, officer or employee in determining the noise level or the ambient noise level. Such cooperation shall include, but is not limited to, the shutting off or quieting of any noise source so that an ambient noise level can be measured or alternatively the turning on or starting of any noise source that is alleged to exceed standards.