To repeal Ordinance No. 2023-6-3, 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; prohibiting construction on private property from 10:01 PM to 6:59 AM under certain circumstances; and providing a repealer clause, a severability clause, a savings clause, a penalty clause, a publication clause, and an effective date. Adopted Ordinance No. 2023-9-18

At the August 14, 2023 council meeting, City Council directed staff to consider adding back language to the noise ordinance that would prohibit construction in residential adjacent zones between the hours of 10:00 p.m. and 7:00 a.m.

The Noise Ordinance was revised in 2017 but did not include a specific prohibition for nighttime hours.  The expectation of noise was set for nighttime with decibel level thresholds. However, as development trends change, construction near residential areas has led to more noise complaints in recent years.

Proposed are noise ordinance changes which will prohibit construction near residential areas.

Ordinance revisions include:

·         Residential use definition

·         Prohibit night time construction within 500-feet of a residential use

·         Night time hours defined as 10:01 PM to 6:59 AM

·         An allowance for night time construction if approved by the Building Official for public health, safety or welfare conditions

This item may impact revenue collected from fines due to violation of this ordinance; however, the exact change in revenue is indeterminable and will have minimal impact on the General Funds.

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