Fillable Application for Unnecessary Noise Variance (City of Dallas)

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Application for Unnecessary Noise Variance (City of Dallas)

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I/We understand and agree to comply with the conditions set forth by the Dallas City Code 5.020.
APPLICANT’S SIGNATURE:
DATE:
Applicant must provide a site plan sketch showing area of sound generation and
identify the zoning of the surrounding area.
Applicant is required to provide written notice by mail or personal delivery to the
occupants of all properties within 500 feet of the area of sound generation. The notice
must be provided at least ten (10) days prior to the event and shall include a
description of the proposed event and the phone number of the City Manager's office
so that recipients may comment on the proposed variance. The applicant must file
with the City Manager a list of the names and addresses of persons to whom notice
was given.
Official Use Only
File No.
Date Rec'd
City Manager's Office
187 SE Court Street
Dallas, OR 97338
503-831-3502
sam.kaufmann@dallasor.gov
Please return completed form to:
Applicant's Name
Organization Name
Complete Address
Phone Email
I/we request permission for a variance to the unnecessary noise ordinance as follows:
Date(s)
Time(s)
Location (Specific address)
Source of Sound
Reason why variance is requested
Form # 9
Last Revised: 09/22/2020
File Location: I:ALL/City Forms
Application for Unnecessary
Noise Variance
Dallas City Code Section 5.020
Page 1 of 3
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5.020 Unnecessary Noise.
(1) No person shall create, assist in creating, permit, continue, or permit the
continuance of any noise disturbance.
(2) As used in this section:
(a) "Noise disturbance" means any sound that: (i) Annoys or disturbs a
reasonable person of normal sensitivities; or (ii) Injures or endangers the health or safety of a
person.
(b) "Plainly audible" means the listener can clearly hear the sound produced
by a sound source with unaided hearing faculties.
(3) The following acts are declared to be noise disturbances in violation of this
section per se, if the sound produced thereby is plainly audible within or on the grounds or yard
of any dwelling unit, church or other religious facility, business, day care center, hospital or
school, other than the source of the sound. This subsection shall not be deemed to limit noise
disturbances for the purposes of this section to those enumerated herein.
(a) Keeping a dog or other animal that causes frequent or continued noise.
(b) Operating any idling engine for more than 15 consecutive minutes
between 10:00 p.m. and 7:00 a.m.
(c) Operating any mechanical device which is built in or attached to a motor
vehicle, including, but not limited to, refrigeration units, compressors, compactors, chippers,
power lifts, mixers, pumps, and blowers, for more than 30 minutes between the hours of 10:00
p.m. and 7:00 a.m.
(d) Operating domestic power tools or equipment used for home or building
repair or maintenance and landscaping, including, but not limited to powered hand tools, lawn
mowers, garden equipment, blowers and snow removal equipment, during the hours of 10:00
p.m. to 7:00 a.m.
(e) Erecting, excavating, demolishing, altering, or repairing a building in a
residential district between the hours of 10:00 p.m. and 7:00 a.m.
(f) Using or operating a musical instrument, radio, television, loudspeaker, or
other similar sound producing equipment during the hours of 10:00 p.m. to 7:00 a.m.
(g) Repairing or testing any motor vehicle between 10:00 p.m. and 7:00 a.m.
(h) Using unmuffled engine brakes, commonly known as "Jake Brakes."
(4) Exemptions. The following sounds are exempted from the provisions of this
section:
(a) Sounds made by work necessary to restore property to a safe condition
following a natural or other disaster, or work required to protect persons or property from
imminent exposure to danger.
(b) Sounds made by warning devices to protect persons or property from
imminent exposure to danger, provided however, that burglar or fire alarms shall not operate
continuously for more than 15 minutes.
(c) Sounds made by the Dallas Fire Department siren during use and testing.
(d) Sounds made by an emergency vehicle, as defined in ORS 801.260, when
responding to or from an emergency or when in pursuit of an actual or suspected violator of the
law.
(e) Sounds made by activities by or on direction of the city of Dallas in
maintenance, construction, or repair of public improvements in public rights-of- way or
easements.
(f) Sounds produced pursuant to a specific variance granted by the Oregon
Environmental Quality Commission.
Page 2 of 3
Dallas City Code Section 5.020
(g) Sounds produced by the audience, participants, and sound amplifying
equipment at athletic or other public events on public property and sponsored, sanctioned, or
otherwise approved by the City or the Dallas School District 2.
(5) Any person who owns, controls, or operates any sound source which does not
comply with a provision of this section may apply for a variance.
(6) An applicant for a variance shall submit in writing to the City Manager or the City
Manager's designee an application that includes:
(a) The reason or reasons why the variance is requested;
(b) The physical characteristics of the sound involved;
(c) The times when the sound will be emitted;
(d) A site plan sketch that shows the area of sound generation and
designates whether the uses in the area within 500 feet of the source of the sound are
residential, commercial, or industrial, where the sound will not be generated by a mobile source
that moves beyond the boundaries of one block;
(e) Any other information the City Manager or the City Manager's designee
may reasonably require to allow consideration of the conditions set forth in this section.
(7) Where the sound will not be generated by a mobile source that moves beyond
the boundaries of one block, the applicant for a variance shall provide written notification by
mail or personal delivery to the occupants of all properties within 500 feet of the area of sound
generation. Notice shall be provided at least 10 days before the event. Notice shall include a
description of the proposed event and the phone number for the City Manager's office so that
recipients may comment on the proposed variance. The notice shall state that any comments
are due within three business days after the date of the notice. The applicant for a variance shall
file with the City Manager or the City Manager's designee a list of the names and addresses of
persons to whom notice under this subsection was given.
(8) The City Manager or City Manager’s designee may grant a variance, after
considering the written application for variance and any comments submitted by persons under
subsection (7), when it appears that the following conditions exist:
(a) There are unnecessary or unreasonable hardships or practical difficulties
that can be most effectively relieved by granting the variance; and
(b) That granting the application will not be unreasonably detrimental to the
public welfare.
(9) The City Manager or City Manager's designee shall grant or deny a variance
within five days of receipt of a complete variance application, including proof of notice
required under subsection (7).
(a) The City Manager or City Manager's designee may impose such limitations
and conditions as deemed necessary or appropriate to protect the public safety and welfare. A
violation of any such condition or limitation shall constitute a violation of this section.
(b) A decision to grant or deny a variance shall be in writing and shall state
the reasons for such decision. The City Manager or City Manager's designee shall notify the
applicant of the decision and shall make it available to any person who has submitted
comments on the application.
(10) Violation of this section is a civil infraction, subject to a minimum bail amount of
$142, except as provided below:
(a) For a second or successive violation of this section within a six-month
period the minimum bail amount shall be $242.
(b) For a second or successive violation of this section within a three-month
period the minimum bail amount shall be $427.
[Subsection (1)(k) added by Ordinance No. 1500, passed May 16, 1994; subsection 5.020(1)(i)
amended by Ordinance No. 1580, passed October 4, 1999; subsection 5.020(2) amended by
Ordinance No. 1705, passed August 3, 2009; amended by Ordinance No. 1741, passed
September 19, 2011.]
Page 3 of 3
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Application for Unnecessary Noise Variance (City of Dallas)

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Completed 22 January 2021

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