Title
Conduct a Public Hearing to Consider/Discuss/Act on a Request by the City of McKinney to Amend Chapter 146 (Zoning Regulations), Section 146-134 (Performance Standards - Noise) of the Code of Ordinances
Summary
COUNCIL GOAL: Operational Excellence
(2E: Continuously provide a high level of customer service to our citizens)
MEETING DATE: January 12, 2021
DEPARTMENT: Development Services - Planning Department
CONTACT: Mark Doty, Assistant Director of Planning
Jennifer Arnold, AICP, Director of Planning
RECOMMENDED CITY COUNCIL ACTION:
* The recommendation of the Planning and Zoning Commission will be forwarded to the City Council for consideration at the January 19, 2021 meeting.
STAFF RECOMMENDATION:
* Staff recommends approval of the proposed amendment.
ITEM SUMMARY: Staff is proposing to amend Section 146-134 (Performance Standards) of the Zoning Ordinance remove an exemption from the performance standards for "a musical performance."
When the noise provisions of the City's performance standards were amended in August of 2019 (Ordinance no. 2019-08-061), additional exemptions were added to address uses and events that have become more prevalent within the community. After applying these new regulations for the last year or so, we have found that the exemptions from Section 146-134(a) of the Zoning Ordinance granted for "a musical performance" essentially exempts said musical performances from all noise regulations contained within the City's Code of Ordinances.
The City currently addresses noise in two sections of the Code of Ordinances; Chapter 70, Article V (Noise) and Section 146-134 (Performance Standards). Generally speaking, Chapter 70 addresses noise for specific uses and Section 146-134 addresses allowable decibel ranges for various noises. Section 70-121 offers exemptions from all of the noise regulations contained within Chapter 70 and one of these exemptions is "any activity, noise or sound exempted under Section 146-134."
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