Ordinance No. 2021-12-6: To repeal Ordinance No. 2017-12-2 codified as Article V, Noise, of Chapter 14, Offenses – Miscellaneous of the City of Plano Code of Ordinances and replacing it with a new Article V, Noise, of Chapter 14, Offenses – Miscellaneous of the City of Plano Code of Ordinances to allow for a permit process applicable to entertainment venues and to otherwise clarify existing language in the Noise Ordinance and providing a repealer clause, a severability clause, a savings clause, a penalty clause, a publication clause, and an effective date. Adopted

The update to the Noise Ordinance was presented at the November 22, 2021 Preliminary Open Meeting.

At the city council preliminary open meeting on November 22, 2021, I presented a process that would allow an entertainment venue to apply for a permit to operate for extended hours at a higher threshold than what current regulations allow. Council direction was to proceed with placing the revisions on a future council agenda for consideration.

In general, the permit process steps are as follows:

• Entertainment venue submits application and sound impact plan prepared by a professional acoustical consultant.
• EHS reviews application for completeness, prepares a recommendation, and sets date for hearing at the P&Z Commission (PZC).
• Property owners within a certain number of feet (consistent with zoning requirements) are notified of the application and meeting. These notifications include property owners within 500 ft. and all known homeowners associations within 1500 ft. of the entertainment venue.
• Following PZC hearing, application and recommendation are sent to City Council for review.
• If approved, the department (EHS) issues a permit.
• Renewals are reviewed by the PZC and City Council every three years and approved/denied.
• Enforcement process includes potential for revocation of permit.

As a result of questions we have received over the past four years the ordinance has been in effect, the department is proposing several other miscellaneous revisions. These include the following:

• Additional definitions of terms found in the current ordinance (Department, Landscaping and Lawn Care).
• Clarification that commercial districts include all non-residential and mixed use districts.
• A note regarding measurement location and that it may be adjusted where line-of-site or elevation issues exist.
• An explanation of when vibration is presumed to be unreasonable.
• Defenses section:

• Deletion of redundant language.
• Addition of generators to wording, to be treated consistent with other similar equipment such as air conditioning units and pool equipment (gives dB limits).
• Addition of landscaping as a clarification that this activity may take place during the day time.

Due to the significant insertion of permit language along with the other miscellaneous revisions and the new organization of the regulations, the department respectfully requests that the current ordinance be repealed in its entirety and replaced with the revised ordinance as presented.

This item may impact revenue collected from fines due to violation of the Noise Ordinance. The exact change in revenue is indeterminable and will have minimal impact.

Approval of this agenda item supports the City's Strategic Plan Critical Success Factor of Excellent, Innovative, and Accountable City Government.