File #: 20-0011M2    Name: Zoning Ordinance Amendment (Noise)
Type: Ordinance Status: Approved
In control: City Council Regular Meeting
On agenda: 1/19/2021 Final action: 1/19/2021
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, and Accompanying Ordinance
Attachments: 1. 011221 DRAFT PZ Minutes, 2. 146-134. Noise - Redline, 3. 146-134. Noise - Clean, 4. Chapter 70 - Article V. Noise, 5. Proposed Ordinance, 6. Presentation
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, and Accompanying Ordinance

Summary

COUNCIL GOAL: Operational Excellence
(2E: Continuously provide a high level of customer service to our citizens)

MEETING DATE: January 19, 2021

DEPARTMENT: Development Services - Planning Department

CONTACT: Mark Doty, Assistant Director of Planning
Jennifer Arnold, AICP, Director of Planning

RECOMMENDED CITY COUNCIL ACTION:
* Staff recommends approval of the proposed amendment.

ITEM SUMMARY:
* Staff is proposing to amend Section 146-134 (Performance Standards) of the Zoning Ordinance to 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 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 once of these exemptions is "any activity, noise or sound exempted under Section 146-134." Section 146-134 offers an exemption for "a musical performance" and thereby exempts "a musical performance" from all of the City's noise regu...

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