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HomeMy WebLinkAboutZTA201000008 Legacy Document 2011-06-28 (2)COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2010 -08 Farm Winery Sound Regulations — Work Session SUBJECT /PROPOSAL /REQUEST: Work Session to Discuss Farm Winery Regulations Relating to Outdoor Amplified Music STAFF: McCulley, Cilimberg, Newberry and Kamptner BACKGROUND: On May 5, 2010, the Board amended the zoning regulations relating to farm wineries to bring our local regulation into accord with the Virginia Code. Zoning Ordinance Section 5.1.25 (e) established the following standard for sound from outdoor amplified music: Sound generated by outdoor amplified music shall not be audible: (i) from a distance of one hundred (100) feet or more from the property line of the farm winery on which the device is located; or (ii) from inside a dwelling unit. In accordance with the limitations imposed by the Virginia Code, the current regulations are applicable only to sound generated by outdoor amplified music. The audibility standard was used to be consistent with Chapter 7 of the County Code that relates to sound generation from similar uses and sources. In addition, it can be enforced by citizens swearing out a summons based on their own observations without the requirement that a Police Officer be the witness and take the action. The sound regulations relating to farm wineries prior to the May 5, 2010 amendment applied to all farm winery events and activities involving the public and utilized the standard Zoning Ordinance maximum decibel levels for the Rural Areas of 60 daytime and 55 nighttime. Issues relating to the new sound regulation arose this summer with an Albemarle winery's wedding events. As a result, staff sent a letter to Albemarle wineries and interested parties, soliciting input on the new regulations in general and on the sound regulations in particular. We received numerous responses expressing concerns about either the regulations themselves or the enforcement of those regulations (Attachment B). On December 2, 2010, staff held a public roundtable to receive input from representatives of the farm winery industry, the public and others as to how the new regulations were working after the first season in effect. The participants requested that we revisit the sound standard, its implementation and enforcement (Attachment C). On January 5, 2011, the Board of Supervisors adopted a resolution of intent to revisit these sound regulations (Attachment A). DISCUSSION: The development of a sound standard must consider the needs of the farm winery industry to preserve its economic vitality and the effect of outdoor amplified music on residents living near farm wineries, in the need for a standard that is reasonable, effective and efficient in its administration and enforcement. The current sound standard does not adequately meet this need in several respects. The Virginia Code requires us to consider the impact of the outdoor amplified music on the neighbors. The sound rises to the level of a nuisance with impacts on neighbors based on how loud it is, not simply based on if it is heard. There is a practical understanding and expectation that sound does not recognize property boundaries and that we will hear sounds that are generated from off of our property. However, there is a Page 2 Planning Commission Work Session Farm Winery Sound Regulation January 18, 2011 normal expectation that we will not have to hear unreasonably loud noises generated off -site. Section 4.18, Noise, of the Zoning Ordinance utilizes a decibel level sound regulation that considers the zoning of the receiving property and the time of day. A decibel is a unit for measuring the volume of a sound. Section 4.18.04 Maximum Sound Levels establishes a daytime (7 a.m. to 10 p.m.) maximum of 60 decibels and nighttime (10 p.m. to 7 a.m.) maximum of 55 decibels in the Rural and Residential receiving zones. This standard is applied to all uses, including those of an industrial character such as sawmills. Staff recommends that we amend the ordinance relating to outdoor amplified music at farm wineries to utilize the maximum sound levels for the Rural Areas as stated in Section 4.18.04. This amendment will address several issues in the current regulations as follows: 1. It will establish an objective standard that is measurable as opposed to a subjective standard that is debatable; 2. The standard will better address nuisance noise rather than prohibit any sound from farm winery events; 3. This standard will allow wineries to self- enforce by checking their own compliance on their property; 4. This standard has been found to be reasonable and appropriate as a maximum sound level in this zoning district; 5. This is a time -based standard which requires lower sound levels during the nighttime when residents can reasonably expect a quieter enjoyment of their property. 6. This standard is measured at the property line. We received input that the current point of measurement (a distance of 100 feet from the property line or inside a dwelling) is problematic. The current standard could arguably require the winery owner to get permission to go onto the adjoining property to determine compliance. Staff received input about how enforcement of outdoor amplified music violations is currently problematic and therefore frustrating to the public. One of the difficulties that is not based on the type of sound standard used (audibility versus maximum decibel level), arises from the fact that these farm winery events are typically held at night and on weekends when the Zoning office is not open. Even though they are not currently expressly authorized to enforce these sound regulations, the Police Department has teamed with Zoning to assist with complaints as they arise. Their assistance does not extend to initiating enforcement action; instead, they can serve as witnesses and mediators. The audibility standard offers the advantage of not requiring any specialized equipment or training to measure. Use of a decibel standard will eliminate the Police from serving as a witness because they do not typically have sound meters and the necessary training for the same. However, this result is no different than the current situation with enforcement of any other complaint relating to a zoning ordinance sound regulation. As with many matters, the Police are called on nights and weekends and if they are available and able to respond, they will attempt to mediate disputes. Regardless of the type of regulatory standard, Zoning takes the lead in the enforcement process. While neither the Police nor Zoning can close down a farm winery event, when there is a recurring or unresolved compliance case, Zoning staff will work a schedule that allows us to be the witness and enforcement case lead to resolve the issue. For example, if we know that there is an ongoing unresolved sound complaint and there is an upcoming wedding (or other event involving outdoor amplified music) scheduled, a Code Enforcement Officer will plan to be there to witness and address a sound violation, should it occur. In summary, we recognize that while there are advantages to the current standard, it does not adequately address the issue of nuisance noise. Staff suggests that use of the maximum decibel level sound standard better meets the goal of a reasonable, effective and efficient regulation to administer and enforce. 2 Page 3 Planning Commission Work Session Farm Winery Sound Regulation January 18, 2011 PUBLIC PURPOSE TO BE SERVED: The proposed new standard for outdoor amplified music generated by a farm winery will better meet State Code provisions and County goals of preserving the economic vitality of farm wineries while considering the effect of outdoor amplified music on adjacent properties and residents. ADMINISTRATION/ REVIEW PROCESS: By better addressing administration and enforcement of this regulation, the resulting amendment is expected to make the administration and review under this regulation more efficient. HOUSING AFFORDABILITY: There are no identified impacts to housing affordability. RECOMMENDATION: Staff recommends we proceed to public hearing with an ordinance amendment. The Planning Commission public hearing is tentatively set for February 81" and the Board public hearing for March 2na ATTACHMENTS: ATTACHMENT A: ATTACHMENT B: ATTACHMENT C Resolution of Intent and Executive Summary Input — Emails, Letters, Etc. Outside of Roundtable Input from Roundtable 3