STAFF REPORT. The City Council referred the ordinance amending the text to the committee of the whole.

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1 STAFF REPORT Date: March 13, 2013 To: Thru: Subject: From: Mayor and City Council Andrew Clinger, City Manager Staff Report (For Possible Action): Ordinance, Adoption - Bill No Case No. TXT (Noise at Residential Property Lines) Request for an amendment to the Reno Municipal Code Title 18, Annexation and Land Development, Chapter General Development and Design Standards, Section entitled Residential Adjacency Standards, together with other matters properly relating thereto. Claudia Hanson, Planning Manager Summary: The attached ordinance amends Reno Municipal Code Title 18, Annexation and Land Development, Chapter General Development and Design Standards, Section entitled Residential Adjacency Standards, together with other matters properly relating thereto. Staff recommends adoption of the attached ordinance. Previous Council Action: February 27, 2013 The City Council referred the ordinance amending the text to the committee of the whole. Ayes: Brekhus, Cashell, Delgado, Dortch, Jardon, Schieve, Zadra Nays: None Abstain: None Absent: None Recommendation: Staff recommends Council adoption of Ordinance No.. Proposed Motion: I move to adopt Ordinance No..

2 EXPLANATION: Matter underlined is new; matter in brackets and stricken [--] is material to be repealed. BILL NO ORDINANCE NO. AN ORDINANCE AMENDING THE RENO MUNICIPAL CODE TITLE 18, ANNEXATION AND LAND DEVELOPMENT, CHAPTER 18.12, GENERAL DEVELOPMENT AND DESIGN STANDARDS, SECTION , ENTITLED RESIDENTIAL ADJACENCY STANDARDS, TOGETHER WITH OTHER MATTERS PROPERLY RELATING THERETO. SPONSORED BY: RENO CITY PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF RENO DO ORDAIN: SECTION 1. Chapter of the Reno Municipal Code is hereby amended by adding certain wording to and deleting certain wording from Section , the same to read as follows: Section Residential Adjacency Standards. (a) APPLICABILITY AND EXEMPTIONS. (1) This Section applies to all development in nonresidential, mixed use, and multi-family Zoning Districts that abuts single-family zoned property (including property in the SF4, SF6, SF9, SF15, LLR.5, LLR1, LLR2.5, GFSF, UT5, UT10, and UT40 Zoning Districts), or are separated from the single-family zoned property by only a right-of-way or easement. (2) Section (g) Noise at Residential Property Lines shall apply to all development in nonresidential, mixed use and multi-family Zoning Districts that abuts any residentially zoned property (including property in the SF4, SF6, SF9, SF15, LLR.5, LLR1, LLR2.5, GFSF, UT5, UT10, UT40, MF-14, MF-21 and MF-30 Zoning Districts), or are separated from the residentially zoned property by only a right-of-way or easement. (3) Development on sites over two acres that does not comply with subsection (d)(1)(b) below may be allowed by a special use permit. (b) BUILDING FACADES. Developments adjacent to single-family zoned property shall be constructed such that the facade design, including roof lines and roof treatments, is consistent on all sides of the building.

3 (c) SIGNAGE ADJACENT TO RESIDENTIAL. (1) No advertising signage shall be permitted on the rear of any building when the rear of the building is adjacent to single-family zoned property. (2) Internally illuminated wall signs are prohibited on the rear and sides of a building if the property abuts and the signs are visible from residentially zoned properties. (d) BUILDING SETBACKS. (1) Residential Slope. All buildings subject to this section's residential adjacency standards shall be setback from rear or side yard property lines adjoining single-family zoned properties according to the following formula: a. Sites of two acres or less. The minimum side and/or rear yard setbacks shall be determined by utilizing a 1:1 height/setback ratio for that portion of any building which exceeds 15 feet in height. When the site adjoins single-family zoned property, the ten feet adjacent to the property line shall be landscaped. The additional setback shall be measured starting at the side or rear setback line. See Figure b. Sites over two acres. The minimum side and/or rear yard setbacks shall be determined by utilizing a 1:3 height/setback ratio for that portion of any building which exceeds 15 feet in height. When the site adjoins single-family zoned property, the ten feet adjacent to the property line shall be landscaped. The additional setback shall be measured starting at the side or rear setback line. See Figure The 1:3 height/setback ratio may be reduced or eliminated subject to approval of a special use permit according to of this title, as amended. c. Notwithstanding the above, a building up to 15 feet in height may be constructed to the setback line established in (d)(2) below. (2) Building Setback. In addition to the required building setback line, no building setback shall be less than the building setback for the property zoned single-family where they share common boundaries, or where they are separated by an alley or utility easement.

4 (e) SPILLOVER LIGHTING. (1) Lighting Standard. Lighting from a nonresidential property shall not create greater than 0.50 foot candle of spillover light at a single-family zoned residential property line. (2) Redirecting/Screening of Light Sources. All sources of light, including security lighting, illuminated signs, vehicular headlights and other sources, shall be directed away from singlefamily zoned residential property or screened so that the light level stated in (e)(1) above is not exceeded. (3) Lighting Near Residential Areas. Light fixtures and standards in or within 100 feet of any single-family residential zoning district shall not exceed 20 feet in height. The administrator may permit additional height provided such lights are a sharp cut-off lighting system. (f) EXCLUSIONS FOR HIGHER AMBIENT NOISE AND LIGHT LEVELS. Where existing ambient noise and light levels already exceed the standards as of the effective date of this section, the subject source may not increase existing levels.

5 (g) NOISE AT RESIDENTIAL PROPERTY LINES. (1) Measurement. Measurement of noise shall be made at the single-family residential property line with a sound level meter and octave band analyzer meeting the standards prescribed by the American Standards Association. (2) Permissible Noise Level. a. Nighttime noise level. Noise levels shall not exceed 49 db leq or 49 db for a single event occurring on a re-occurring basis at a single-family residentially zoned residential property line between 10:00 p.m. and 6:00 a.m. b. Daytime noise level. Noise levels shall not exceed 65 db leq or 65 db for a single event on a reoccurring basis at a single-family residentially zoned residential property line. c. Noise associated with temporary construction activity is exempt from the standards from 6:00 a.m. to 7:00 p.m. d. Airport airplane operations are exempt from these standards. (h) (i) TRAFFIC. Site plans shall be reviewed to avoid access locations that would encourage cutthrough traffic through adjacent single-family zoned residential neighborhoods. USE OF ALLEYS. Commercial truck and automobile traffic shall be prohibited on alleys that are shared with single-family zoned residential properties between the hours of 9:00 p.m. and 6:00 a.m. This includes, but is not limited to, deliveries, and commercial parking lot access. Garbage collection may occur during these hours. (j) LANDSCAPING AND SCREENING. Landscaping and Screening shall conform to Article XII (Landscape and Screening Standards). (Ord. No. 5189, 1, ; Ord. No. 5821, 1, ; Ord. No. 5927, 1, ) SECTION 2: Should any section, clause, or provision of this Ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, that decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part declared to be unconstitutional or invalid.

6 SECTION 3. This Ordinance shall be in effect from and after its passage, adoption and publication in one issue of a newspaper printed and published in the City of Reno. SECTION 4. The City Clerk and Clerk of the City Council of the City of Reno is hereby authorized and directed to have this Ordinance published in one issue of the Reno-Gazette Journal, a newspaper printed and published in the City of Reno. AYES: NAYS: PASSED AND ADOPTED this day of,, by the following vote of the Council: ABSTAIN: ABSENT: APPROVED this day of,. ATTEST: MAYOR OF THE CITY OF RENO CITY CLERK AND CLERK OF THE CITY COUNCIL OF THE CITY OF RENO, NEVADA EFFECTIVE DATE: TXT (Noise at Residential Property Lines) - ord - NJG.doc