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18.10.020 Motor Vehicles.
(Amended by Ord. No. 159276 and 164010, Mar. 27, 1991.)
A. No person shall operate any motor vehicle registered for use on public roads at any time, or under any condition of grade, load, acceleration or deceleration in such a manner as to violate the maximum permissible sound levels or equipment standards for the category of vehicle as indicated in this Subsection.
1. Vehicles of 10,000 pounds GCWR (Gross Combination Weight Rating) or more, engaged in interstate commerce as regulated by 40 C.F.R., part 202, (1986), the provisions of which are hereby incorporated by reference and three copies of which are on file in the Office of the City Auditor.
2. All other vehicles shall not exceed the vehicular noise emission levels or equipment standards permitted by OAR 340-35-030 (1) (a) and (c), three copies of which are on file in the Office of the City Auditor and which are hereby adopted by reference.
3. No person shall drive a motor vehicle on a public highway unless it is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise.
B. No person shall operate, and no owner of any motor vehicle shall permit to be operated upon any public road, street, or highway, any motor vehicle so as to cause any greater noise or sound than is reasonably necessary for the proper operation of such motor vehicle.
1. No person shall operate a motor vehicle on a street or highway with an exhaust system utilizing a cutout, bypass or similar device.
2. No person shall operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching, or other such noise from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason, except that noise resulting from emergency action to avoid imminent danger shall be exempt from this provision.
3. No person shall operate any motor vehicle in excess of 10,000 pounds GCWR, in any residential zone of the City or within 200 feet of any dwelling unit, school, hospital or library, with a dynamic braking device engaged except to avoid imminent danger.
C. No person shall operate and no owner of property shall permit the operation of an off-road vehicle so as to exceed the noise emission standards of:
1. OAR 35-030 (1)(b) and (d) three copies of which are on file with the Office of the City Auditor, and which are hereby adopted by reference.
2. Section 18.10.010 or 18.10.020 of this Title.
D. No person shall operate an off-road vehicle on private or public property unless the property has been designated for off-road recreational vehicle use pursuant to Title 33, Planning and Zoning of this Code.
E. A police officer, or noise control officer, who finds a vehicle or operator to be in violation of Subsection A of this Section shall issue a citation to the operator. The citation shall be accompanied by a written notice to the operator specifying the particular subsections found to be in violation.
1. The citation shall require the violator to appear at court to answer for the violation and present evidence that the violation has been corrected. The date for court appearance on the face of the citation shall not be less than 28 days after the citation was issued.
2. The accompanying written notice shall specify that if the violator presents proof to the clerk of the district court that the vehicle complies with the standards described in OAR 340-35-030 (1), (a) and (c) (1983), for the control of motor vehicle noise emissions, three copies of which are on file with the Office of the City Auditor and which are hereby adopted by reference, the citation shall be dismissed.
3. Proof for the purpose of this Section
shall be a certificate of compliance issued or approved by the Department
of Environmental Quality. If said certificate is received by the clerk
of the district court not less than 5 days prior to the date set for the
violator’s appearance before the court, the citation will be dismissed
without the necessity of the violator personally appearing before the court.
18.10.030 Home Equipment and Powered Tools.
(Amended by Ord. No. 159276 and 164010, Mar. 27, 1991.)
A. This Section shall apply to powered tools and equipment for home use, excepting such tools and equipment used as part of a home occupation (see 18.10.030 E), and to any powered tools used in lawn and garden maintenance.
B. When used inside a dwelling unit, between the hours of 7:00 a.m. and 10:00 p.m., the sound levels generated by such equipment shall not exceed 60 dBA, when measured at the lot line.C. When used outside a dwelling unit, between the hours of 7:00 a.m. and 10:00 p.m., the sound levels generated by such equipment shall not exceed the following levels, for equipment of the appropriate class, when measured at a distance of 25 feet (7.6 meters) or at the lot line, whichever is further from the source:
1. Five HP or less, such as, but not limited to, lawnmowers, riding tractors and small garden tools: 80 dBA;
2. More than 5 HP, such as, but not limited to, powered hand tools and snow removal equipment: 85 dBA.
D. When used inside or outside a dwelling between the hours of 10:00 p.m. and 7:00 a.m., the sound levels generated by all such equipment shall not exceed those specified in Section 18.10.010.
E. Sound levels
generated by tools and equipment as part of a home occupation shall not
exceed 50 dBA, as measured at the lot line.
18.10.040 Watercraft.
(Amended by Ord. No. 164010, Mar. 27, 1991.)
A. No person shall operate a watercraft between the hours of 7:00 a.m. and 10:00 p.m. which exceeds 75 dBA as measured on shore. Between 10:00 p.m. and 7:00 a.m., this sound level shall be 65 dBA.
B. Exemptions: normal docking and undocking operations of all vessels, and operations of vessels licensed by the federal government for purposes of commerce on interstate waters are exempted from the provisions of this Section.
C.
Motorboats shall not be operated on public waterways within the City
limits, unless equipped with a functioning underwater exhaust or muffler,
or, unless such motorboat has the discharge water continuously piped into
the exhaust line.
18.10.050 Motor Vehicle Racing Events.
(Amended by Ord. No. 159276 and 164010, Mar. 27, 1991.)
A. No person shall operate or permit to be operated any motor vehicle racing within the City except at an area approved by the City.
B. All motor vehicle racing shall be conducted in a manner approved by the Noise Control Officer and/or the Noise Review Board, or the City Council.
C. For purposes of determining permissible
sound levels, the Portland International Raceway will be deemed an industrial
land use zone of source, which use was in operation before January 1, 1977.
18.10.060 Construction Activities and Equipment.
(Amended by Ord. No. 159276 effective Jan. 24, 1987.)
A. Maximum sound levels: No person shall operate any equipment or appurtenances thereto in commercial construction activities which exceeds 85 dBA, when measured at 50 feet (15.2 meters) from the source. This standard shall not apply to trucks (see Section 18.10.020), pile drivers, pavement breakers, scrapers, concrete saws and rock drills.
B. Night, weekend, and legal holidays limitation: From 6:00 p.m. to 7:00 a.m. the following morning, and 6:00 p.m. Saturday to 7:00 a.m. the following Monday, and on legal holidays, the permissible sound levels of Section 18.10.010 shall apply to all construction activities except by variance or for reasons of emergency. The exempted equipment of Section 18.10.060 A is not exempted during these hours. For purposes of this Subsection, construction activities on a public road within a zone shall be considered as taking place on private property within that zone.
C. The adjustments to permissible sound levels established in Section 18.10.010 B apply to Subsections A and B above.
D. All equipment used in commercial activities shall have sound control devices no less effective than those provided on the original equipment, and no equipment shall have an unmuffled exhaust.
E.
All equipment used in commercial construction activities shall comply
with pertinent standards of the U.S. Environmental Protection Agency.
18.12.010 Noise Disturbance Prohibited.
It shall be unlawful for any person to willfully make,
continue, cause or permit to be made or continued any noise disturbance
within the City of Portland.
18.12.020 Specific Prohibitions.
(Amended by Ord. No. 159276 and 166951, Sept. 15, 1993.)
The following acts are declared to be violations of this Title, but this
enumeration shall not be deemed to be exclusive, namely:
A. Noisy animals. See Section 13.11.050(6) of the Code of the City of Portland. Enforcement of this Subsection shall be the responsibility of Multnomah County Animal Control, or such agency designated by Council.
B. Sound producing or reproducing equipment. Operating or permitting the use or operation of any device designed for sound production or reproduction in such a manner as to cause a noise disturbance; or operating or permitting the operating or use of any such device between the hours of 10 p.m. and 7 a.m. so as to be plainly audible within any dwelling unit which is not the source of sound; or operating any such device on public property or on a public right of way so as to be plainly audible 50 feet or more from such device provided that a person operating any such device in a City park pursuant to a permit granted by the Commissioner In Charge of the Park Bureau shall be in violation only if the device is plainly audible at any point along the park boundary.
C. Parked motor vehicles. The parking of any motor vehicle of 10,000 pounds GCWR, or more, with the motor or attached auxiliary equipment in operation:
1. On a public right-of-way, except for reasons of an emergency nature, or
2. On private property in such a manner as to be plainly audible within any dwelling unit between the hours of 10:00 p.m. and 7:00 a.m.
3. This Subsection C shall not apply to: commercial construction
equipment, the normal operation of vehicles designed and used for commercial
transportation of passengers, and vehicles being loaded or unloaded.
18.12.030 Provisions if Measurement is Made.
If measurement is taken of a sound source, the provisions
of Chapter 18.10 shall supersede this Section and shall be used to determine
if a violation of this Title exists.
18.14.010 Exemptions.
(Amended by Ord. No. 159276 effective Jan. 24, 1987.)
The following sounds are exempted from the provisions of this Title.
A. Sounds caused by the performance of emergency work, or by the ordinary and accepted use of emergency apparatus and equipment.
B. Sounds caused by sources regulated as to sound production by federal law.
C. Sounds not electronically amplified, created by athletic and entertainment events other than motor vehicle racing events.
D. Sounds caused by agricultural and forestry operations within an FF zone of the City.
E. Blasting, under permit.
F. Sounds made by warning devices
operated continuously for 3 minutes or less.
18.14.020 Variances.
(Amended by Ordinance Nos. 159276, 162098, 164010 and
174718, effective August 21, 2000.) Any person who owns, controls, or operates
any sound source which does not comply with provisions or standards of
this Title may apply for a variance from such standard(s) or provision(s).
A. Application. The application shall be in a form acceptable to the Noise Review Board or the Noise Control Officer, and shall state the date, time, and location of the event or activity and the reasons for which the variance is being sought. The applicant may be required to supply additional information. The application shall not be considered received until all information has been supplied. It is the responsibility of the applicant to submit the application in proper form, and to allow sufficient time for review, as specified in Subsection 18.14.020 F.
B. The application shall not be considered until the application fee is received. All required fees are stated in the Fee Schedule adopted by City Council. Fees will be updated annually or on an as needed basis. The approved Fee Schedule will be available at the Development Services Center.
C. All applications will be first sent to the Noise Control Officer who, with the Chair of the Noise Review Board, shall determine the appropriate reviewing body. The criterion for this determination shall be: whether the noise impact is deemed significant in level or in numbers of persons or property affected. If the potential noise impact is judged not to be significant, the application will be reviewed by the Noise Control Officer. If the potential noise impact is judged to be significant, the review will be made by the Noise Review Board. The Chair of the Noise Review Board may delegate Board review and action to the Noise Control Officer if, in the exercise of his or her discretion, such delegation is in the City’s interest.
D. Review of the application on its merit shall include consideration of at least the following:
1. The physical characteristics, times and durations of the emitted sound,
2. The geography, zone, and population density of the affected area,
3. Whether the public health, safety or welfare is impacted,
4. Whether the sound source predates the receiver(s), and
5. Whether compliance with the standard(s) or provision(s) from which the variance is sought would produce hardship without equal or greater benefit to the public.
E. Public notification. Notice of receipt of all applications to be reviewed by the Noise Review Board shall promptly be published in a newspaper of general circulation within the City. Notice shall also be given to affected neighborhood association(s), or owners and residents of property likely to be affected by the application, and to any person who has in writing requested notice of such application.
F. Time for review and decision. Applications to be reviewed by the Noise Control Officer shall be decided within 10 business days of receipt of the completed application. Applications to be reviewed by the Noise Review Board shall be decided within 45 business days of receipt of the completed application. Should the applicant require more accelerated review than that provided above, the process may be shortened to no more than 3 business days for review by the Noise Control Officer or 7 business days for review by the Noise Review Board, upon payment of an additional surcharge in the amount of the original application fee, and provided the Chair of the Noise Review Board and the Noise Control Officer conclude that such accelerated review is sufficient for evaluation, and in the City’s interest.
1. Failure to reach decision within the times specified shall constitute automatic approval of the application, unless specifically waived by the applicant. If not waived, such approval shall expire within 180 days following such failure.
G. Applications reviewed by the Noise Control Officer, or the Noise Review Board may be granted, denied, or granted with conditions.
H. All decisions shall be in writing, and those made by the Noise Review Board shall state the facts and reasons leading to the decision and shall be made available to the applicant, and any other person who has requested such decision.
I. Appeals to City Council. A variance decision of the Noise Control Officer or the Noise Review Board may be appealed to the City Council as follows:
1. Eligibility to appeal. A variance decision may be appealed by the applicant, his legal representative, by any other person who has submitted oral or written testimony on the application.
2. Appeal acceptance criteria. Notice of intent to appeal shall be in writing to the City Auditor’s Office within 10 days of the effective date of the decision. The notice shall identify the decision that is being appealed, and include the appellant’s name, address, and signature, phone number, relationship to the variance decision action, and a clear statement of the specific reason(s) for the appeal including any alleged misapplication of City Codes.
3. Upon receipt of such appeal, the Auditor shall then place the matter upon the Calendar of the City Council.
4. At the time of the hearing, the City Council may consider such new matter as it deems appropriate, as well as the record developed before the Noise Control Officer or the Noise Review Board, and thereafter may affirm, reverse, modify or remand the decision.
J. All variances are subject to review upon complaint. Notice of review shall be provided to the variance holder, and shall state the date, time and place of the review. The permittee shall have the opportunity of hearing prior to any revocation. Decisions relative to the review of a variance shall follow the procedures specified in Sections 18.14.020 H, and I.
K. Violation of the
terms of the variance shall be grounds for the revocation of the variance.
The Noise Control Officer or any Police Officer of the City of Portland
may summarily revoke or alter conditions of any variance.
18.16.010 Ordinance Additional to Other Law.
The provisions of this Title shall be cumulative and
non-exclusive and shall not affect any other claim, cause of action or
remedy; nor, unless specifically provided, shall it be deemed to repeal,
amend or modify any law, ordinance or regulation relating to noise
or sound, but shall be deemed additional to existing legislation and common
law on such subject.
18.18.010 Authority for Enforcement.
(Amended by Ord. No. 159276 effective Jan. 24, 1987.)
This Title shall be enforced by the Bureau of Buildings. The Noise
Control Officer and duly authorized agents shall have citation authority
for purposes of enforcing this Title.
18.18.020 Penalty for Violation.
It is unlawful for any person to violate any provision
or to fail to comply with any requirement of this Title. Any person violating
any provision or failing to comply with any requirement of this Title,
unless provision is otherwise made herein, shall upon conviction thereof,
be punished by a fine of not more than $500. Each such person shall be
guilty of a separate offense for each and every day during any portion
of which any violation of any provision of this Title is committed, continued,
or permitted by such person and may be punished accordingly.
18.18.030 Institution of Legal Proceedings.
The City Attorney, acting in the name of the City,
may maintain an action or proceeding in a court of competent jurisdiction
to compel compliance with or restrain by injunction the violation of any
provision of this Title as additional remedy.
18.20.010 Severability Provision.
If any provision of this Title, or its application
to any person, or circumstances, is held to be invalid, the remainder of
this Ordinance, or the application of the provision to other persons or
circumstances, shall not be affected.
Title 19: Harbors
(back to top)19.16.215 Making UnnecessaryNoise
Prohibited.
It is unlawful for the master or any person in charge
of any vessel of any kind lying at any dock or while navigating in the
harbor, to cause any whistle, siren, foghorn, bell, or any other kind of
sound producing apparatus to be blown or sounded for any purpose other
than required by law or by the U.S. Coast Guard "Rules of the Road: International
- Inland" Commandant Instruction M16672.2 series. These rules are hereby
made a part of this Title. Copies are available at Group Portland, United
States Coast Guard. No such apparatus shall be tested or adjusted within
the port without written permission of the Harbor Master. However, boilers
and tanks may be blown out through an underwater exhaust between the hours
of 7 a.m. and 10 p.m. of any day. This section shall not prevent the routine
testing of any sound producing apparatus in connection with actual getting
under way.
Title 20: Parks and Recreation
(back to top)20.08.020 Applications; Reservation Center to Promulgate
Policies and Procedures.
...B. The Parks Reservation Center shall issue the requested permit if a complete application complying with all adopted policies and procedures is filed and all of the following conditions are met:
...2. The proposed activity will not have an unreasonably adverse impact, from noise, litter or traffic, on the Park or on the surrounding neighborhood....
20.12.215 Parks May be Closed at any Time if Deemed Necessary.
(Added by Ordinance No. 149475, effective April 17, 1980.)
...B. The Commissioner In Charge of the Bureaus of Parks or Police, the Superintendent of the Bureau of Parks, or his designee, or an officer of the Bureau of Police, may close any park, or any part thereof, in accordance with this Section, in the interest of public safety and health, and such decision for closure shall be based upon one or more of the following criteria or conditions existing in or near that park:
...4. That 1) loud and unreasonable noise... caused by sufficient numbers of persons so that other means cannot reasonably be utilized to eliminate the condition(s)....
20.36.040 Additional Charges (No Permit Will Be Issued.)
(Amended by Ord. No. 139567, 145146, 150854, 152673, 156919, 159303; and 161474 effective Jan. 1, 1989.)
...F. A $200 surcharge will be made to any user who violates established [Portland International Raceway West Delta Park] noise regulations.
Title 33: Planning Code
(back to top)33.110.282 Single Dwelling Zones -- Trees
A. Purpose. The purpose of the tree standard is to maintain and add to Portland’s tree canopy and to enhance the overall appearance of single-dwelling development. Trees are an integral aspect of the Portland landscape and add to the livability of Portland. They provide aesthetic and economic value to property owners and the community at large. Trees help to:
- ...buffer noise....
33.120.265 Multi-Dwelling Zones -- Amenity Bonuses
A. Purpose and description. Special amenity bonuses for increased density are intended to improve the livability of multi-dwelling developments for their residents and to promote family oriented multi-dwelling developments. The amenity bonuses are designed to allow additional dwelling units in a manner that is still consistent with the purposes of the multi-dwelling zones.
...C. The amenity bonus options.
...5. Sound insulation. The density bonus for this amenity is 10 percent. To qualify for this bonus, the interior noise levels of multi-dwelling structures must be reduced in 3 ways. The reductions address Noise from adjacent dwellings and from outdoors, especially from busy streets.
a. The sound insulation of all party walls, walls between corridors and units, and in floor-ceiling assemblies must comply with a Sound Transmission Class (STC) of 55 (50 if field-tested). STC standards are stated in Chapter 35 of the Uniform Building Code.
b. The STC rating on all entrance doors assemblies from interior corridors must be at least 30, as documented by acoustic laboratory tests of the doors.
c. The STC rating on all windows, skylights, and exterior doors, must be at least 35, as documented by acoustic laboratory tests....
33.203.050 Accessory Home Occupations -- Impact-Related Standards
...C. Noise. The maximum noise level for a home occupation is 50 dBA. Noise level measurements are taken at the property line. Home occupations that propose to use power tools must document in advance that the home occupation will meet the 50 dBA standard....
33.219.070 Convenience Stores -- Approval Criteria
An application for a convenience store review will be approved if the review body finds that the applicant has shown that all of the following have been met:A. Convenience stores which abut a residential use or R zoned land must meet the objectives stated below. The purpose of these objectives is to reduce the noise impacts on adjacent residential areas, minimize loitering, and improve safety.
1. Parking areas, loading areas, mechanical equipment, dumpsters, and any telephones, benches, or other customer amenities should be sited or designed to reduce their impact on adjacent residential uses, where practical. Important considerations are screening to reduce noise....
33.224.010 Drive-Through Facilities -- Purpose
The regulations of this chapter are intended to allow for drive-through facilities by reducing the negative impacts they may create. Of special concern are noise from idling cars and voice amplification equipment, lighting, and queued traffic interfering with on-site and off-site traffic and pedestrian flow. The specific purposes of this chapter are to:- Reduce Noise, lighting, and visual impacts on abutting uses, particularly residential uses;
- Promote safer and more efficient on-site vehicular and
pedestrian circulation;
- Reduce conflicts between queued vehicles and traffic on adjacent streets.
33.224.060 Drive-Through Facilities -- Off-Site Impacts
Drive-through facilities must meet the off-site impact standards of Chapter 33.262, Off-Site Impacts. When abutting R zoned land, drive-through facilities with noise generating equipment must document in advance that the facility will meet the off-site impact Noise standards. Noise generating equipment includes items such as speakers, mechanical car washes, vacuum cleaners, and exterior air compressors.33.243.040 Helicopter Landing Facilities -- Standards
...B. Development standards.
...2. Setbacks and minimum distances from residential zones. The review body may impose setbacks and minimum distances from residential zones for HLFs as follows:
...b. These distances may be increased or decreased by the review body upon consideration of such factors as the number of flights, hours of operation, types of aircraft, number of aircraft, types of existing land uses in the area, topography, proximity to natural aircraft corridors, and type and nature of the proposed noise mitigation plan....
33.243.050 Helicopter Landing Facilities -- Approval Procedures
The procedures assigned in this section supercede the conditional use procedures of Chapter 33.815, Conditional Uses....B. noise review. The applicant must obtain approval for the proposal from the City of Portland Noise Review Board prior to submitting an application for conditional use review to the Bureau of Planning. The Noise Review Board may request the assistance of the Department of Environmental Quality (DEQ) while reviewing the application. This requirement applies to requests for new HLFs and modifications of existing HLFs that are subject to a Type III procedure review....
33.243.060 Helicopter Landing Facilities -- Required Information
All applications for helicopter landing facilities must include the following information in addition to the application requirements of 33.730.060....G. Acoustical report and noise mitigation plan. An acoustical report and a Noise mitigation plan approved by the the Bureau of Buildings or the City Noise Review Board. The plan must include a discussion of preferred approach/departure flight paths, preferred approach/departure path slopes, preferred approach/departure air speeds, preferred times of use, and other relevant factors. In addition, the plan must include a discussion of the existing physical factors, such as topography and proposed physical barriers, such as walls, fences, structures or vegetation, and how these factors would be used to reduce Noise impacts. If the proposal cannot meet the regulations of Title 18, the applicant must request and obtain a Noise variance from the City Noise Review Board.
H. Airport Noise Impact Boundary Analysis. A copy of the applicant's Airport Noise Impact Boundary Analysis and comments as provided by the State of Oregon Department of Environmental Quality review....
33.248.010 Purpose
The City recognizes the aesthetic, ecological, and economic value of landscaping and requires its use to:- ...
- Promote compatibility between land uses by reducing the visual, noise, and lighting impacts of specific development on users of the site and abutting uses....
33.258.080 Nonconforming Situations -- Nonconforming Situation Review
...B. Approval criteria. The request will be approved if the
review body finds that the applicant has shown that all of the following
approval criteria are met:
1. With mitigation measures, there will be a net decrease
in overall detrimental impacts (over the impacts of the previous use or
development) on the surrounding area taking into account factors such
as:
...c. Noise, vibration,
dust, odor, fumes, glare, and smoke....
33.262.010 Off-site Impacts -- Purpose
The regulations of this chapter are designed to protect all uses in zones which allow housing by right from certain objectionable off-site impacts associated with nonresidential uses. These impacts include Noise, vibration, odors, and glare. The standards ensure that uses provide adequate control measures or locate in areas where the community is protected from health hazards and nuisances. The use of objective standards provides a measurable means of determining specified off-site impacts. This method protects specific industries or firms from exclusion in a zone based solely on the general characteristics of similar industries in the past.33.262.050 Off-site Impacts -- Noise
The City Noise standards are stated in Title 18, Nuisance Abatement and Noise Control. In addition, the Department of Environmental Quality has regulations which apply to firms adjacent to or near Noise sensitive uses such as dwellings, religious institutions, schools, and hospitals.33.281.050 Schools and School Sites -- Review Thresholds for Development
The following thresholds state the type of procedure used in the conditional use review for changes to development at schools and on school sites in the OS and R zones. Changes that are allowed by right are also stated....B. Type II. The following alterations to development are reviewed through a Type II procedure.
...2. Modifications to existing high school football fields that do not increase the potential for noise, glare, or additional numbers of spectators, or times that spectators come to the site. See also Paragraph C.2. below.
C. Type III. The following alterations to development are processed through a Type III procedure:
...2. Modifications to existing high school football fields that do increase the potential for Noise, glare, or additional numbers of spectators, or times spectators come to the site. These types of modifications include modifications such as adding or increasing any of the following: seating capacity, lighting, voice amplification equipment, announcer's booths, ticket booths, and concessions.
33.296.030 Temporary Activities -- Zone and Duration
A. IR and RF through RH zones. The regulations for temporary uses in the IR and RF through RH zones are as follows:
...7. Staging areas for public utility installation. Staging areas for public utility improvement projects such as the installation of sewer pipes, water pipes, and road improvements, are subject to the regulations below.
...d. Noise. The project must meet the Noise regulations of Title 18 -- Nuisance Abatement and Noise Control. Any variances to the Noise regulations will be processed as provided in Title 18....
33.430.110 Environmental Zones -- Purpose
These provisions are intended to:...E. Buffer the resource area from the noise, fumes, lights, and motion of vehicular traffic associated with industrial, commercial, and multi-dwelling residential uses....
33.470.010 PDX Noise Impact Zone -- Purpose
The Portland International Airport Noise Impact overlay zone reduces the impact of aircraft Noise on development within the Noise impact area surrounding the Portland International Airport. The zone achieves this by limiting residential densities and by requiring Noise insulation, noise disclosure statements, and Noise easements.33.470.020 PDX Noise Impact Zone -- Short Name and Map Symbol
The Portland International Airport Noise Impact zone is also referred to as the PDX Noise zone, and is shown on the Official Zoning Maps with a letter "x" map symbol (for PDX).33.470.030 PDX Noise Impact Zone -- Applying the PDX Noise Zone
A. Noise Contour Boundary Source. The Ldn 65 Noise contour, as shown in the 1990 Portland International Airport Noise Abatement Plan Update is the boundary for the PDX Noise zone. All land within that noise contour, including lands within a higher contour, is in the PDX Noise zone and subject to these regulations.
B. PDX Noise Zone Maps. A set of quarter-section maps, known as the PDX Noise Zone Maps, is available for review at the Permit Center. The maps are the official reference maps for the PDX Noise zone regulations. The maps show the Ldn 65 Noise contour and each successively higher Noise contour in one Ldn increment. The location of the Noise contours are based on the 1990 Portland International Airport Noise Abatement Plan Update. The Ldn 68 Noise contour location was established by the Port of Portland.
C. Application on annexed land. The PDX Noise zone is to be applied on all annexed areas located within the Ldn 65 or higher Noise contours as part of the annexation rezoning of that area.
D. Appeal. An owner may appeal the location of the Noise contour(s) shown on the PDX Noise Zone Maps for their property to the Director of OPDR. The owner must show that the Noise contour(s) do not conform with the location shown in the 1990 Portland International Airport Noise Abatement Plan Update or the Ldn 68 Noise contour. Appeals are processed as stated in 33.855.070.A.3.
33.470.040 PDX Noise Impact Zone -- Noise Insulation
A. Noise insulation required. All new structures must be constructed with sound insulation or other means to achieve a day/night average interior Noise level of 45 dBA. Reconstructed structures where the total cost of improvements is 75 percent or more of the total assessed improvement value of the site must also meet this standard. Structures used for Manufacturing And Production uses, Warehouse And Freight Movement uses, or nonresidential Agricultural uses are exempt from this requirement.
B. Certified by acoustical engineer. An engineer registered in Oregon who is knowledgeable in acoustical engineering must certify that the building plans comply with the performance standard for sound insulation prior to the issuance of a building permit.
C. City provides list. The City, in consultation with the Department of Environmental Quality and the Port of Portland, will provide a list of at least three registered engineers knowledgeable in acoustical engineering.
D. Port of Portland pays for sound insulation certification. At an owner's request, the Port of Portland is responsible for the costs of the Noise insulation certification submitted by an engineer on the City list. The owner has the option to retain any registered engineer knowledgeable in acoustical engineering not on the list, at the owner's expense.
33.470.050 PDX Noise Impact Zone -- Additional Residential Regulations
A. Restrictions on residential use and density.
1. Prohibition of new residential uses within the Ldn 68 Noise contour. New residential uses are prohibited within the Ldn 68 or higher Noise contour. If an Ldn 68 Noise contour divides a residential property, the building site including all required side and rear setbacks must be located entirely outside the Ldn 68 Noise contour. Property that had a Farm and Forest, Limited Single Family, Low Density Single Family, or Medium Density Single Family Comprehensive Plan Map designation on January 1, 1981 or a County Residential Comprehensive Plan designation or zoning on that date is exempt from these requirements. New residential development must meet the requirements of this chapter for residential development within the Ldn 65 contour.
2. Exceptions to the restrictions on residential use and density. Existing housing within the Ldn 68 Noise contour may be replaced within 5 years if it is damaged or destroyed by fire or other causes beyond the control of the owner. A house boat that is intentionally removed from its slip by the owner may also be replaced within 5 years. Replacement housing must meet the requirements of this chapter for residential development within the Ldn 65 contour.
3. Density restriction for new residential uses.
a. All property between the Ldn 65 and the Ldn 68 Noise contours that currently has a residential designation on the Comprehensive Plan Map is prohibited from developing to a density higher than that of the R10 zone.
b. All property between the Ldn 65 and the Ldn 68 Noise contours that currently has a commercial designation on the Comprehensive Plan Map is prohibited from being developed at a density higher than that of the R1 zone.
B. Noise disclosure statement. Prior to the issuance of a building permit for new residential construction or reconstruction where the total cost of improvements is 75 percent or more of the total assessed improvement value of the site, the owner must sign the City's Noise disclosure statement. The Noise disclosure statement acknowledges that the property is located within the Ldn 65 Noise contour and signifies the owner's awareness of the associated Noise levels. The Noise disclosure statement must be recorded in the County records by the owner. The statement is available at the Development Services Center.
C. Noise easement. Prior to the issuance of a building permit for new residential construction or reconstruction where the total cost of improvements is 75 percent or more of the total assessed improvement value of the site, the owner must dedicate a Noise easement to the Port of Portland. The easement forms are available at the Development Services Center. The easement authorizes aircraft Noise impacts over the grantor's property at levels established by the Ldn Noise contour. Any increase of the Ldn Noise level above that stated on the easement will not void nor be protected by the easement.
33.510.115 Central City Plan District -- Additional Uses Allowed in the Open Space Zone
...C. Good Neighbor Agreement
1. Purpose. The Good Neighbor Agreement requirements provide an
opportunity to consider the impacts of a Major Event Entertainment or Commercial Outdoor Recreation use on nearby residents and businesses. This is achieved by requiring owners or operators to meet with interested parties and by requiring the formulation of a written implementation program referred to as a "Good Neighbor Agreement" before a building permit is issued.
2. When a Good Neighbor Agreement is required. A Good Neighbor
Agreement, approved by the City Council, is required before a building permit will be issued for sites with a Major Event Entertainment or Commercial Outdoor Recreation use. The Good Neighbor Agreement does not have to be updated before each building permit is issued, but it must be current at the time of permit issuance.
3. Required process for development and approval of a Good Neighbor Agreement. The owner or operator of the Major Event Entertainment or
Commercial Outdoor Recreation use must complete the steps listed in this
paragraph. For purposes of this requirement, "applicant" means the owner or
operator.
a. Develop a Draft Good Neighbor Agreement. The applicant must develop a Draft Good Neighbor Agreement that includes all of the elements listed in Paragraph C.4, below.
b. Contact the neighbors. The applicant must contact neighboring property owners and organizations as described below:
(1) Schedule a meeting. The applicant must schedule a meeting to discuss the draft agreement;
(2) Mail notice of the meeting to neighbors. The applicant must mail written notice of the meeting, as specified below:
- The notice must be mailed at least 14 days before the date of the meeting;
- The notice must be mailed to all property owners within 1,000 feet of the site and to recognized organizations in which the site is located and recognized organizations within 1,000 feet of the site; and
- The notice must include the date, time, and place of the meeting, and a copy of the Draft Good Neighbor Agreement.
c. Hold the Good Neighbor Agreement meeting. Hold the meeting as described below:
(1) Purpose of meeting. The purpose of the meeting is to provide the opportunity for all interested parties to identify concerns that should be considered through the Good Neighbor Agreement. The anticipated outcome of the meeting is an agreement between the neighbors--including residents and businesses--and the applicant as to how each issue will be considered in the Good Neighbor Agreement. However, a consensus is not required;
(2) Attendance by City staff. City staff may attend the meetings to offer suggestions or information, identify potential problems with the Draft Good Neighbor Agreement, or to observe. Participation by City staff in the meeting is not required and does not indicate City approval of the Good Neighbor Agreement;
(3) Additional meetings. Additional meetings may be held.
d. City Council hearing. The applicant must request a City Council hearing. The applicant must request City Council to consider both the Comprehensive Transportation Management Plan and the Good Neighbor Agreement at the same hearing. The purpose of the hearing is for Council to ensure that the applicant has taken the procedural steps required by this paragraph and has adequately addressed the elements in the Good Neighbor Agreement required by Paragraph C.4. The Council may approve, approve with modifications, or reject the Good Neighbor Agreement.
At least 14 days before the hearing, the applicant must file the following materials with the City Auditor’s Office:
(1) A copy of the notice of the Good Neighbor Agreement meeting mailed to neighbors as required by C.3.b(2), above;
(2) The names and addresses of all those to whom the notice of the Good Neighbor Agreement meeting was mailed;
(3) The names and addresses of those who attended the meeting;
(4) The Draft Good Neighbor Agreement and, if different, the version of the Good Neighbor Agreement that the applicant requests Council to approve;
(5) Any other versions of the Good Neighbor Agreement which were reviewed at the meeting;
(6) A copy of the notice of City Council hearing required by C.3.e(1), below; and
(7) The names and addresses of all those to whom the notice of City Council hearing was mailed.
e. Notice of City Council hearing. The applicant must mail written notice of the City Council hearing as specified below:
(1) The notice must be mailed to all property owners within 1,000 feet of the site, to recognized organizations in which the site is located and recognized organizations within 1,000 feet of the site, and to those who attended the Good Neighbor Agreement meeting;
(2) The notice must also be published in a recognized newspaper;
(3) The notice must be mailed at least 14 days before the hearing; and
(4) The notice must contain at least the following information:
- The date, time, and place of the City Council hearing;
- A copy of the Good Neighbor Agreement that is filed with the City Auditor’s Office, as specified in C.3.d.(4);
- The street address or other easily understood geographical reference to the property to be covered by the Good Neighbor Agreement;
- A statement that the purpose of the hearing is for Council to ensure that the applicant has taken the procedural steps required by Paragraph 33.510.115.C.3 of the Zoning Code, and has included the elements in the Good Neighbor Agreement required by Paragraph 33.510.115.C.4 of the Zoning Code;
- A statement that Council may approve, approve with modifications, or reject the Good Neighbor Agreement;
- An explanation of the local decision-making process for making this decision, as described in this Section of the Zoning Code;
- An invitation to comment, in writing, on the proposal and the place, date, and time that comments are due. This date and time must be at least 14 days from the mailing date of the notice;
- A statement that all information submitted by the applicant is available for review from the City Auditor, and that copies can be obtained for a fee equal to the City’s cost for providing the copies; and
- A statement that issues which may provide the basis for an appeal to the Land Use Board of Appeals must be raised before the comment period expires and that such issues must be raised with sufficient specificity to afford the City Council an opportunity to respond to the issues.
f. Notice of City Council decision. The City Auditor will file the notice of decision by the next working day after the decision is made. Within 5 days of filing the notice of decision, the City Auditor will mail a notice of the decision to all property owners within 1,000 feet of the site, to recognized organizations in which the site is located and recognized organizations within 1,000 feet of the site, and to all who testified at the Council hearing, submitted written comments, or requested such notice in writing.
4. Elements of a Good Neighbor Agreement. The Good Neighbor Agreement must consider all of the following items:
a. Event schedules, including coordination with nearby facilities to minimize impacts on the neighborhood of concurrent events;
b. Event limitations;
c. noise management;
d. Box Office hours of operation;
e. Litter management;
f. Lighting;
g. Communications, including a process for receiving, recording, and responding to community comments;
h. Alcohol management;
i. Security;
j. Hours of operation including those for set-up and take-down;
k. Community use of the site;
l. Motorized events;
m. Oversight committee;
n. Enforcement of the Good Neighbor Agreement;
o. Exceptions to the Good Neighbor Agreement;
p. Process and requirements for updating, amending, or terminating the Good Neighbor Agreement; and
q. Effective date, term of the agreement, and date of expiration.
33.533.040 Healy Heights Plan District -- Relocation of Existing Towers
Existing towers may be relocated within the plan district if the review body finds the following approval criteria are met:A. Relocation of an existing tower does not result in a taller tower, an increase in the extent to which ice may fall from the tower to a nearby property in residential use, an increase in wind noise, or in power density on properties in residential use....
33.560.050 North Cully Plan District -- Approval Criteria
All North Cully Development review applications must meet the following approval criteria....G. The proposal must not adversely impact the livability of nearby residential zoned land due to noise, glare from lights, late-night operations, odors and litter....
33.564.220 Portland International Raceway Plan District -- Approval Criteria for a PIR Master Plan
The PIR Master Plan will be approved if the review body finds that the applicant has shown that all of the following approval criteria are met:...G. Noise. The PIR Master Plan, and the activities that occur within the plan district must meet the requirements of Title 18, Noise Control.
33.565.010 Powell Boulevard Plan District -- Purpose
The regulations of the Powell Boulevard plan district are intended to buffer residences from the noise and traffic of Powell Boulevard, to promote commercial redevelopment opportunities, and to ensure the smooth flow of traffic on Powell Boulevard. The regulations of this chapter support the intent of the highway improvements which widened Powell Boulevard and created public off-street parking. The Powell Boulevard Environmental Impact Statement required noise protection for the adjacent residential neighborhood, the encouragement of commercial opportunities and the preservation of highway traffic flows.33.565.040 Powell Boulevard Plan District -- Additional Development Standards
...B. Construction of noise-buffering walls. The construction of a Noise-buffering wall is required for new development as follows:1. Location. A wall is required along any lot line parallel to Powell Boulevard that abuts an R zone. A wall is also required on street lot lines that are across a local service street from an R zone. This regulation only applies to local service streets that are south of and parallel to Powell Boulevard. See Figure 565-1.
2. Standards. The wall must be solid, continuous, a minimum of 8 feet high, and extend the entire length of the lot line. The design of the wall must be compatible with the existing walls constructed by the State.
3. Landscaping. For walls along a street lot line, a 5 foot area landscaped to the L3 standard must be provided on the street side of the wall. The landscape standards are stated in Chapter 33.248, Landscaping and Screening. The landscaped area is intended to screen the wall from the residential area. See Figure 565-1.
4. Buildings integrated into the wall. Where a rear lot line abuts the rear lot line of a residential zone, a building with a height of no more than 10 feet may be integrated into the design of the wall.
33.710.120 Review Bodies -- Healy Heights Radiofrequency Advisory Board
A. Purpose. The Healy Heights Radiofrequency (RF) Advisory Board provides technical expertise and advice to applicants and review bodies when Radio Frequency Transmission Facility development is proposed in the plan district. The board will recommend when monitoring of radiofrequency power density or surveying of radiofrequency interference (RFI) is necessary and may recommend assessment of the Radio Frequency Transmission Facility owners and operators to cover the costs incurred. The board will also provide information on radiofrequency emissions and interference in the vicinity of the Healy Heights plan district, and respond to other related citizen inquiries.
D. Powers and duties. The duties, responsibilities, and authority of the advisory board include, but are not limited to:
- ...
- Counseling of citizens and facility operators when conflicts arise, such as radiofrequency interference or wind noise....
33.815.100 Conditional Uses -- Uses in the Open Space Zone
These approval criteria apply to all conditional uses in the OS zone except those specifically listed in other sections below. The approval criteria allow for a range of uses and development which are not contrary to the purpose of the Open Space zone. The approval criteria are:...C. Livability. The proposal will not have significant adverse impacts on the livability of nearby residential-zoned lands due to:
1. noise, glare from lights, late-night operations, odors, and litter....
33.815.105 Conditional Uses -- Institutional and Other Uses in R Zones
These approval criteria apply to all conditional uses in R zones except those specifically listed in sections below. The approval criteria allow institutions and other non-Household Living uses in a residential zone which maintain or do not significantly conflict with the appearance and function of residential areas. The approval criteria are:...C. Livability. The proposal will not have significant adverse impacts on the livability of nearby residential zoned lands due to:
1. noise, glare from lights, late-night operations, odors, and litter....
33.815.107 Conditional Uses -- Short Term Housing in R Zones
These approval criteria apply to Community Service uses that provide short term housing in existing structures in R zones. The approval criteria are:A. Livability. The proposal will not have significant adverse impacts on the livability of nearby residential zoned lands due to:
1. Noise, glare from lights, late-night operations, odors, and litter....
33.815.115 Conditional Uses -- Specified Uses in Commercial Zones
These approval criteria apply to uses in the following categories and zones: Industrial Service uses and Agricultural uses in the CS, CG, and CX zones, and Warehouse And Freight Movement uses in the CG zone. The approval criteria allow these uses in commercial zones when they have a business or consumer orientation and are of a size and character to blend in with the other commercial uses. The approval criteria are:A. The proposed use will not have nuisance impacts from noise, odor, vibrations, and truck trips greater than usually generated by uses allowed by right in the zone....
33.815.130 Conditional Uses -- Residential Uses in the EG1, EG2, IG1, IG2, and IH Zones
These approval criteria promote the preservation of land for industrial uses while allowing residential uses in limited situations where they will not interfere with industry. Residential uses in these zones are only protected from nuisance impacts, including noise, to the same standard as uses allowed by right....33.815.140 Conditional Uses -- Specified Group Living Uses in the C and EX Zones
These criteria apply to Group Living uses which consist of alternative or post incarceration facilities in the C or EX zones.
...B. Livability. The proposal will not have significant adverse impacts on the livability of nearby residential-zoned lands due to:
1. noise, glare from lights, late-night operations, odors, and litter....
33.815.200 Aviation And Surface Passenger Terminals
These approval criteria allow Aviation And Surface Passenger Terminals at locations where their impacts on surrounding land uses, especially residential, are limited. The approval criteria are:A. Airports.
...3. Noise abatement plan and Noise impact overlay zone. An airport Noise abatement plan and Noise impact overlay zone have been developed in order to reduce the impact of aircraft Noise on development within the Noise impact area surrounding the airport....
B. Commercial seaplane facilities. The approval criteria for commercial seaplane facilities are:
1. The proposal mitigates any significant off-site impacts and nuisances of the proposal on surrounding properties, including the use of buffers and/or restricting the hours of operation....
D. Bus, rail and ship passenger terminals.
1. Public services.
...b. The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access to arterials, transit availability, on-street parking impacts, access requirements, neighborhood impacts, and pedestrian safety....
33.815.210 Helicopter Landing Facilities
A. The following approval criteria apply to all helicopter landing facilities reviewed through a Type III procedure.
...2. The facility is located so that the flights may take advantage of existing natural flight corridors. Locations close to natural flight corridors such as freeways are preferred;
3. Consolidating the HLF with other existing nearby HLFs is not possible or feasible;
4. In C, E, or I zones, the facility will not have a greater impact than allowed uses. If the facility will have significantly greater impacts, then it must be found that the public benefits of the HLF outweigh the harm of the impacts. Locations more than 500 feet from land with residential zoning will be viewed more favorably by the review body;
5. In OS, R, CN, CO, and CM zones, the facility will not have a significant negative impact on the livability of the area or a significant detrimental environmental impact;...
...7. The facility meets all noise regulations of the State of Oregon Department of Environmental Quality and Title 18 of the City Code.
B. The following criterion applies to helicopter landing facilities reviewed through a Type II procedure: The proposal will not result in an increase in the number of flights, changes in flight path, number or type of aircraft, hours of operation, or changes in required distances from other uses.
33.815.223 Conditional Uses -- Public Safety Facilities
These approval criteria allow Public Safety Facilities where it is necessary to the health and safety of the public that a facility be at a particular site. The criteria also ensure that impacts resulting from the facility will be mitigated to the extent practicable. The approval criteria are:...C. Public services.
1. The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors
include street capacity and level of service, access to arterials, transit
availability, on-street parking impacts, access requirements, neighborhood
impacts, and pedestrian safety....
D. Livability.
1. Detrimental impacts are mitigated to the extent feasible, taking into consideration such factors as:
...c. noise, vibration, dust, odor, fumes, glare, and smoke....
33.848.050 Impact Mitigation Plans -- Approval Criteria
The approval criteria listed in this Section will be used to review impact mitigation plans. These criteria correspond to the regulations governing the content of the Impact Mitigation Plan. The approval criteria are:...M. The impact mitigation plan adequately addresses potential nuisance-related impacts, such as litter, noise, shading, glare and traffic....
33.848.070 Impact Mitigation Plans -- Impact Mitigation Plan Requirements
The applicant must submit an impact mitigation plan which includes all the components listed in this Section. The review body may modify the proposal. While it is important to include adequate detail in the plan, the intent of this Chapter and the IR zone is to allow development of a document that guides the nature and timing of mitigation activity rather than one that specifies the nature, size, and location of all future development projects....I. Neighborhood livability. For each phase of campus development the following must be addressed:
1. Steps that will be taken to mitigate adverse impacts on the livability of nearby residential neighborhoods and residential developments as well as non-institutionally owned properties within the institution campus boundary. Impacts include noise, odor, traffic, litter, parking, shading of adjacent areas, public safety, vibration and glare....
33.910.030 Definitions
The definition of words with specific meaning in the zoning code are as follows:...Ldn. An averaged sound level measurement, taken during a 24 hour period, with a weighting applied to night time sound levels. The Ldn Noise contours described in Chapter
33.470, Portland International Airport Noise Impact Zone, are based on Ldn levels that have been averaged over the period of a year...
...Noise Contour. A line that indicates the perimeter of areas that are within a specified Ldn level.