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05-22-17 PC Agenda AGENDA Planning Commission Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, May 22, 2017 7 pm 1. Approval of Minutes April 24, 2017, Regular Planning Commission Meeting 2. Continued Informal Public Hearing —Zoning Code Text Amendment— Mobile Food Vending in Residential Zoning Districts —ZO00- 112 Applicant: City of Golden Valley Purpose: To consider allowing mobile food vending in Residential Zoning Districts --Short Recess-- 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings 4. Other Business • Council Liaison Report 5. Adjournment �"hi��c�cur�e��is�v�il��I�in���err��t���rm���up�r��72-1���r r��u�st�€�1e�s�c�11 � ���-���-�CIt}G�1':,��3-5����968)t�m�ke�r�qu�s�. ��m��e��f a3t�rn�te f�rm��s may inc��ci�lar���r�r�t,�t�ctrartic,�r���l�;�u���r���se�t�,e�c. Regular Meeting of the Golden Valley Planning Commission April 24, 2017 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Wednesday, April 12, 2017. Chair Segelbaum called the meeting to order at 7 pm. Those present were Planning Commissioners Baker, Blenker, Blum, Kluchka, Segelbaum and Waldhauser. Also present were Planning Manager Jasc�n Zimmerman, Associate Planner/Grant Writer Emily Goellner, and Administrative A�si�tant Lis� Wittman. Commissioner Johnson was absent. 1. Approval of Minutes April 12, 2017, Special Planning Commission Meeting MOVED by Waldhauser, seconded by Kluchka and motion carried unanimously to approve the April 12, 2017, Special meeting minutes as submitted. April 12, 2017, Regular Planning Commission Meeting MOVED by Waldhauser, seconded by Kluchka and mofion carried unanimously to approve the April 12, 2017, Regular meet'rng minutes as submitted. 2. Discussion — Outdoor Storage.:.��� Zimmerman reminded th�Commissioners that they've had several discussions about outdoor storage over the last several months. The discussions have focused on auto dealership inventory storage, front yard and side yard storage in the R-1 Single Family Zoning District, and the regulations in other zoning districts. He stated that staff discussed the Planning Commission's recommendations with the City Council in January and based on all of the feedback, staff will draft new zoning language to consider this summer. He added thaf 1�e is bringing this item to the Commission in order to update them on where staff is in the process af amending the outdoor storage regulations. Zimmerman sfiated that the concerns regarding auto dealership inventory storage include: the storage of inventory in parking ramps, the storage of inventory on vacant and/or underutilized surface parking lots throughout the City, and the storage of inventory on dealer-owned properties that aren't a dealership lot. He showed the Commission some photos of inventory storage in various locations and stated that the City Council direction was to allow inventory storage in parking ramps if it does not impact parking needs for the office use. For other lots, the City Council's direction was to allow stand-alone inventory storage only in Light Industrial or Industrial zoning districts and to require screening if the lots abut Residential, Institutional, Commercial, or Office uses. He added that the City Council was also supportive of requiring a Conditional Use Permit to allow inventory storage. Minutes of the Golden Valley Planning Commission April 24, 2017 Page 2 Zimmerman stated that the concerns regarding outdoor storage in front yards in the R-1 Zoning District include: what to allow, and how to define the word "items." He stated that one-third of the code enforcement violations in 2016 were regarding storage in a front yard and another one-third of the violations were vehicles parking in the front yard. He stated that concerns regarding storage in side yards include: screening from neighbors and the street, and if items stored in a side yard should be required to be on a paved surface. He stated there are erosion issues if items are stored on grass, but that there are also water quality and run-off issues with requiring additional paved areas. Segelbaum asked if pavers, or gravel would be allowed. Zimmerman stated pavers are allowed, but staff doesn't support gravel because the area tends to.expand over time. Waldhauser added that gravel also ends up in the street and storrn water system. Waldhauser said that some cities have successfully banned or fiimited rental st�rage faci�ities. She said she would like to limit outdoor storage to th� bare minirnum. She added that requiring a Conditional Use Permit for dealership inventory �eems like a lot of work for applicants and staff. Zimmerman agreed, but add��l that requiring a Conditional Use Permit might discourage the storage of dealership in�entary, and it would also be a way for the City to regulate it. Zimmerman stated that another concern tl�at will be<addressed is the storage of items in other zoning districts that are unrelated to the business occurring, and the screening of items that are related to a business. He added thafi staff is recommending that all of the outdoor storage and screening reauirernents be moved from the various zoning districts into one section in the Zoning Code. Segelbaum said he recalls there being some hesitation regarding security and screening. Zimmerman said there was conuersation regarding the security of dealership inventory if it is screened. He stated that stafF would work with the Police Department regarding security and screening. Blum stated that the th�mes that`came out of the City survey were green, clean, safe, etc. and allowing dealership inventory storage doesn't seem like a high value use for Golden Valley. He said h� i��onc�rned about being permissive about this use and doesn't want th� Condi�ionat Use Permit process to just be a rubber stamp. He referred to the proposed language in the R-1 Zoning District and said he is happy to see the storage of con�truction rnaterials limited to 30 days but he is concerned about allowing a hulking recreati4nal vehicle to be stored 3 or 5 feet away from a neighbor's window. He added that they can also leak gas and oil which is bad for the environment and not very safe. He said he thinks it would be better to not allow storage along the side of a house or garage because it is not visually appealing to the neighbors who have to look at it. Kluchka said he is confused about the priorities between allowing additional impervious surface and requiring items to be stored within the building envelope. He said if the City doesn't want to encourage additional impervious surFace, an RV or a boat will have the same amount of run-off as a paved area. Baker stated that there could be some pervious surface under a boat or RV. Kluchka stated that the Planning Commission spent a lot of Minutes of the Golden Valley Planning Commission April 24, 2017 Page 3 time establishing requirements for building envelopes so he is confused about the priorities. Blum stated that the City has been liberal on allowing people to expand their garages which doesn't jibe with letting people park giant vehicles in plain view. Waldhauser asked about other options for storing recreational vehicles. Kluchka said they can be stored at a storage unit. Segelbaum said he would guess that people would like to have their recreational vehicles at their homes during the season. He questioned if a car parked in a side yard could be considered storage if it is being used. Zimmerman stated that the next step in the process will be drafting ordinance tanguage for the Planning Commission to review followed by a public hearing, 3. Comp Plan Discussion — Future Land Use Map Zimmerman noted that the Planning Commission has had twa previQus discussions about the Land Use section of the Comp Plan. He stated that in addition to the proposed planning districts and correcting the existing land use/zoning inconsistencies, there are two additional topics he would like to discuss whiGh include seniQr density bonuses and mixed income housing. Zimmerman stated that the existing R-3 and R-4 Zoning Districts allow a bonus of two additional units per acre for s�nior housing and that it makes sense to continue using that language regarding den�ity bonuses. lNaldhauser stated that the City has heard from residents that they don't r�ally care �bout the density for senior housing, but they do not want exceptiQns to the he"rght limits. Zimmerman said it is difficult to get additional density without building up.'Baker asked if the density bonus is supposed to be an incentive to get additional senipr� housing units. Zimmerman said yes. Baker asked if incentivizing has wprked. Zimmerman stated that all of the senior housing projects have been done using the PU�.process so there aren't any good examples of projects that have used th� density bonus. Zimmerman referred to the issue of mixed income housing. He referred to the housing report recently d4ne by a consultant and stated it suggests that if the City wants to get more affordable housing units a requirement could be added that requires projects of a certain siz�to-have a certain number of the units be affordable. He said there are some challenges in putting that fanguage in the Code for rental housing unless the project has to go through some sort of zoning approvaL He showed the Commissioners a chart of all of the City's �urrent R-3 and R-4 properties, along with their densities and current and propas�d zoning. He discussed the densities and land use categories of the various zoning categories and stated that staff is working on proposed language for these categories tc� make sure the zoning and land use categories work together. Waldhauser asked that the addresses of the properties be included on the chart. Zimmerman showed the Commissioners a draft of the future Land Use Map and compared it to the existing Land Use Map and asked them for feedback. Waldhauser referred to the Flexible Use category and asked if there are any uses that will not be allowed in that district. Zimmerman said yes, the idea is that the Flexible Use district would focus on small scale, neighborhood commercial uses. Minutes of the Goiden Valley Planning Commission April 24, 2017 Page 4 Zimmerman highlighted several areas of the City and noted that the �outheast corner of Highway 55 and Winnetka is proposed to be Medium Intensity (up to 20 units per acre). He referred to the I-394 Corridor area and stated that currently the whole corridor is guided for Mixed Use. However, staff is proposing that the area along I-394 be designated Commercial Retail-Service and the areas along the edge of the district be designated Flexible Use. He referred to the Downtown area and stated that staff is also proposing to designate that area Flexible Use. Waldhauser asked if the properties along Boone Avenue would also be guided for Flexible Use. Zimmerman stated that the proposed designation for those properties is Light Industrial and Industrial but staff will consider what will be permitted or allowed with a Conditional Use Perrnit�in the��oning Code language in order to expand the types of uses that could occur iin those di�tricts. Blum asked if the Downtown area would have an overlay district�to encoura� walkability. Zimmerman said an overlay district can be used if needed, but if the �urrent language in the Mixed Use Zoning District is used many of the design standards are already addressed. Segelbaum asked if different mixed use language is being cc�ntemplated for the proposed new Flexible Use category. Zimmerman said he envisions making the I-394 Mixed Use zoning language more general and nat so sp�:cific ta the I-394 area and maybe allowing multiple uses within a block instead of within one building. Segelbaum said the sense he got from the public comments is that people want more retail uses so he thinks it is going to be important for the Planning Commission to review the new Mixed Use and Flex Use language. Zimmermar� explained that �oning follows land use. The language regarding land use is more broadly tiefined in the Comp Plan and is more specific in the Zoning Code. He added that the goals from the existing I-394 Mixed Use category will probably remain th�: same. Zimmerman referred to the �ougtas Driue area and noted that staff is proposing that the north end be guided Moderate Intensity tc�.allow for more density with more flexible nodes as it gets closer to Highway �5. Zimmerman stated that st�ff has not proposed any changes for the Light Rail area yet because of the uncertainty of funding at the state and federal level. He said the City should know more in regard to funding within a few months so rather that reguiding the properties in that area r�ow staff is proposing to wait. Baker questioned if the City would be too far behind in the planning process to catch up if they wait for certainty regarding fun�iing. Zirnmerman said there is a huge amount of reluctance for change in this area. He stated that if the funding moves forward the City will have to plan for this area. If the funding doesn't materialize no changes will need to be made in order to meet the Met Council's ►r�,'rnimum density requirements. He added that language could be put in the Comp Plan goals stating that a small area plan will need to be done in the future for this area. Blum referred to the northwest end of Winnetka Avenue and said that it seems appropriate to explore other uses in this area. Zimmerman stated that there are only two non-residential properties in that area. One is the cemetery and the other is the small office building south of the Cemetery. He reminded the Commission that there was a Minutes of the Golden Valley Planning Commission April 24, 2017 Page 5 proposal in the past to rezone the office building but there wasn't consensus from the Planning Commission on what to allow there. Waldhauser asked if the City has places that would be suitable for a small coffee shop or breakfast place. She said she sees them everywhere except in Golden Valley. Baker stated that in other cities those types of uses may have already been in place before residential uses were built. He added that it would be hard to impose those types of uses on an existing neighborhood. Kluchka agreed that if there were an opportunity it probably would have presented itself already. He stated the Flex Use category could help jumpstart those types of uses, but it's difficult without higher density. He added thaf the �rea near the Hello apartments and the area along Plymouth Avenue with the.bike trails mi�ht good for more flexible uses. Segelbaum stated that Douglas Drive woutd also kie a goor� area for flexible uses. Zimmerman agreed and said the south end of Douglas.Dri�e is proposed to be guided Flexible Use. Blum asked ifi the City could requir� an� ad�difional level of buffering or screening if these flexible uses are next to R-1 pr�perties. Zimmerman said yes. Kluchka suggested adding flexible use designatior�s near park adjacent amenities in order to find places where people already are. Zimmerman stated that the proposed land use map will be reviewed by the transportation and wastewater consultants and brought back to the Planning Commission for review. He added that the ne� Comp Plan Conversa�ion will be on the�ustainability and Resilience Chapter of the Comp Plan and will be held on May 8. 4. Reports on Meetings of the Housing:and Redevelopment Authority, City Council, Board of Zonin�� Appe�ls ari�l��other Meetings Segelbaum stated that he will be presenting the Planning Commission Annual Report at the May Council/Manager meeting. Zimmerman stated that he has made some revisions to the Annual report and that h�would email the updated report to the Commissioners. 5. Other Business • Ct�uncil Liaison: Report Council Member Schmidgall reported that Einstein Bagels is closing. He reported on the progress of the Brookview Community Center construction and stated that the Golden Valley Historical Society received a grant from the State and are about to embark on putting in a new exhibit. 6. Adjournment The meeting was adjourned at 8:24 pm. John Kluchka, Secretary Lisa Wittman, Administrative Assistant Gi�� Of OZt��� M E 11� t) t� � � �► IJ M �" t �C�, ��� Physical Developrnen� Departrnent 753-593-8095/763-593-8i 09(fax) Date: May 22, 2017 To: Golden Valley Planning Commission From: Emily Goellner, Associate Planner/Grant Writer Subject: Zoning Code Text Amendment—Allowing Mobile Food Vendors in Residential Zoning Districts Background Staff has revised recommendations to the Zoning Code regarding Mobile Food Vendors (commonly referred to as food trucks) in response to the discussion with Planning Commission on April 12, 2017. The first discussion was prompted by several inquiries from property owners who are interested in the opportunity to host a food truck at their residence for a special event such as a graduation party or wedding reception. They have been allowed in other Zoning Districts since 2015 and no complaints have been received so far. Summary of Discussion on April 12, 2017: • The Commission is supportive of encouraging this kind of business activity in Golden Valley, but regulations should be included that mitigate negative impacts to residents. • Food trucks have the potential to have noise impacts on neighbors, so a minimum distance should be established between a food truck and houses. This separation may also prevent a structure fire if there happened to be a fire in the food truck. • Staff should review options that mitigate noise impacts, such as a requirement that trucks with must have generators placed inside the food truck. • There should be more consideration for a time limit for the permit. A 6 to 8 hour maximum was suggested. • The City may want to limit a property owner to 1 food truck at a time at their event. • The City may want to the limit the number of days in a year that a permit may be granted to a property owner. Summary of Updated Staff Recommendations: • Minimum distance of 10 feet between any structure and the food truck • Parking in the street is permitted, but service window must face curbside • Food sales to the public are permitted at-large when the street is closed and a Special Event Permit is granted from the City of Golden Valley (Kelly Drive Pumpkin Festival is an example) • 6 hour time limit for each permit • Limited to 2 food truck permits in a 12 month period and no seasonal permits for Residential Zoning Districts • While not included in Code language, staff will provide all applicants with information on regulations as well as encouragement to contact their neighbors, limit disturbances in order to mitigate complaints Summary of Other Staff Recommendations for Mobile Food Vendors in Residential Districts: • Permit is granted on a per-day basis and costs $40/day • A permit may be granted for 1 day at a time in Residential Zoning Districts • Seasonal permits not allowed in Residential Zoning Districts • Proof of Mobile Food License from the Hennepin County or State of Minnesota required • Liquor License is not included with the permit • Hours of operation limited to 8 am-10 pm • Activities on the property are subject to existing City noise ordinances • Vendor and property owner responsible for trash removal, clean-up, and any damages generated by operation • Vendor must park in driveway or other impervious surface, must not impede traffic flow or pedestrian walkways, and cannot park on grass • Vendors may not be located 200 feet (at its closest point) from the entrance or from the outdoor seating area of another food-serving establishment (with the exception of other mobile food vendors that have received a permit) • Vendors may not be located within 1,000 feet of schools while they are in session unless written permission is granted by the school principal • On multi-family residential properties, vendor cannot occupy parking spaces on the parking lot that are needed to meet the minimum parking requirement unless the property owner can demonstrate that the spaces are not needed during the vendor's hours of operation Recommendation Staff recommends amending section 11.04 of the Zoning Code allowing Mobile Food Vendors in Residential Zoning Districts. Attachments Underlined/Overstruck Version of Section 11.04:Temporary Events and Uses (3 pages) Section 10.62: Disorderly Conduct—Additional Prohibited Acts (3 pages) § 11.04 Section 11.04: Temporary Uses Subdivision 1. Purpose and Effect The purpose of this Section is to provide conditions under which certain temporary uses may be allowed while ensuring a minimum negative impact to neighboring land uses. Subdivision 2. Authorized Temporary Uses A. The City Manager or his/her designee may issue a permit for a mobile food vending operation, defined as a self-contained vehicle or trailer used to prepare and serve food that is ready movable without disassembling, to operate for a temporary period not to exceed three (3) days in City Parks� one (11 day in Residential Zoning Districts, or one hundred twenty (120) days in all other ��~ ~�^'�'^��`�' Z�oning D�istricts. Pr�erties in Residential Zoning Districts are limited to two (2) permits in a twelve (12) month period. The permit application shall be on a form promulgated by the City Manager or his/her designee and shall include any information needed to establish compliance with this Subdivision. Any application shall include the application fee amount established by the City Council in the master fee schedule, and such fee shall be not refundable if the permit is denied or the applicant withdraws or otherwise ceases operation or use of the permit. All mobile food vending permit applications and permits shall be subject to the following conditions: 1. With the permit application, the applicant shall provide written proof that the applicant is the current holder of all license(s) required by Hennepin County and the State of Minnesota, as applicable, with respect to a mobile food vending operation in which food is prepared and served on a vehicle or trailer, and the vendor shall maintain such license(s) in good standing for the duration of the permit. 2. The vendor shall comply with all other applicable provisions of the City Code including, but not limited to, those regulations regarding parking, signage, lighting, and sound. 3. A permit is valid for only one (1) mobile food vending vehicle or trailer. 4. The permitted days of operation shall be set forth in the permit. A vendor that has obtained a permit under this Subdivision, upon the expiration thereof, may apply for another permit under this Subdivision. 5. The permit application shall contain a signed statement that the applicant shall hold harmless the City, and their officers and employees, and shall indemnify the City, and their officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. Go/den Valley City Code Page 1 of 3 § 11.04 6. If the application seeks to operate a vending operation in a City-owned property and/or on the public right-of-way, the application shall include documentation satisfactory to the City Manager or his/her designee evidencing the applicant's public liability, food products liability, automobile liability, and property damage insurance and that the City is or will be named as an additional insured on such insurance for all the permitted days of operation. Such insurance shall be maintained without change for the duration of the permitted days of operation. 7. The permit shall set forth the location(s) where the vending operation may operate and it shall be a violation of this Section for any vendor to engage in vending operations in any location in the City other than the location(s) set forth in the permit. Mobile Food Vendors must be located at least ten (10) feet from all principle and accessory structures. 8. Overnight parking and storage by the vendor is prohibited at the permitted location(s). The vendor must vacate the permitted location when not engaging in vending operations. Hours of vending operation are limited to 8 am to 10 pm unless otherwise limited or extended by the City Manager or his/her designee, as set forth in the permit. Permits granted for vending operations on properties located in Residential Zoning Districts are limited to a six (6) hour time period. 9. With the permit application, the applicant shall provide written proof permission from the owner(s) of the property(ies) at the permitted location(s) to engage in vending operations at those location(s). If the permitted location is located on City-owned property, the issuance of the permit by the City shall constitute such permission. 10. The vendor must keep a copy of the permit with the vending unit and demonstrate compliance with the permit and the permit conditions set forth in this Subdivision upon inspection. 11. The vending operation may fle�-be located on public right-of-way with the service window facina the curbside of the street. � . The vending operation may not block sidewalks or drive aisles, impede pedestrian or vehicular traffic, or interfere with public safety. 12. The vending operation shall be located on an impervious surface unless unique circumstances cause the City Manager or his/her designee to permit the operation to be located on a pervious surface. 13. No vending operation may occupy accessible parking spaces or parking spaces used to fulfill any property's minimum parking requirements under this Code, unless the applicable property owner can demonstrate that parking would be adequately supplied during the vending operations. Golden Valley City Code Page 2 of 3 § 11.04 14. The vendor must provide and remove trash and recycling receptacles for customer use and keep the site in a neat and orderly fashion. The permitted location(s) must be kept free from litter, refuse, debris, junk or other waste which results in offensive odors or unsightly conditions. The vendor shall be responsible for all litter and garbage left by customers. 15. No vending operation may be located within two hundred (200) feet at its closest point to the main entrance of a public eating establishment or any outdoor dining area with the exception of other mobile food vendors and except with the written consent of the proprietor of the establishment or dining area. No person shall either pay or accept payment for such written consent. With the permit application, the applicant shall provide written permission from the proprietor when applicable. 16. No vending operation may be located within one thousand (1,000) feet at its closest point to a school while the school is in session unless written permission from the school principal is provided in the permit application. With the permit application, the applicant shall provide written permission from the principal when applicable. �17. Permits issued for vendina operations located on residential properties must limit sales to the a�plicant and other private parties associated with the event. The vending operation shall not serve the general public unless a Special Event Permit is aranted by the Cit� �18. If while holding a permit granted under this Subdivision, a vendor violates any provision of this Subdivision, in addition to any other remedy provided under this Code, the City Manager or his/her designee may revoke the permit and/or prohibit such vendor from obtaining a new permit under this Subdivision for a period not exceeding thirty (30) days from the date of such violation. Source: Ordinance No. 562, 2nd Series Effective Date: 07-30-15 Source: Ordinance No. 601, 2nd Series Effective Date: 06-07-16 Subdivision 3. Prohibited Temporary Uses A. Temporary Family Health Care Dwellings, as defined in State Statute, are prohibited in all Zoning Districts. Sou�ce: Ordinance No. 610, 2nd Series Effective Date: 08-25-16 Golden Valley City Code Page 3 of 3 § 10.62 Section 10.62: Disorderly Conduct - Additional Prohibited Acts Subdivision 1 It is unlawful for any person or persons to congregate on any private lands because of, or participate in, any party or gathering of people from which noise emanates of a sufficient volume or of such nature as to disturb the peace, quiet or repose of other persons. Any owner or person in lawful possession or control of such private lands who has knowledge of the disturbance and fails to immediately abate said disturbance shall be guilty of a violation of this Section. Subdivision 2 It is unlawful for any person or persons to congregate on any private lands of another because of, or participate in, any party or gathering of people in the absence of the owner of said private lands being present, without first having obtained written permission from the landowner or other person in lawful possession of such private lands. Such written permission shall at all times be in the possession of one or more persons at the site of such congregation. The document containing the written permission must bear the signature of the landowner and date of the permitted use. Failure to display written permission upon request shall be considered prima facie evidence of an absence of permission from the owner. Subdivision 3 A violation of Subdivision 1 or 2 of this Section shall give a peace officer the authority to order all persons present, other than persons identifying themselves as the owner or person in lawful possession or control of such land, to immediately disperse. Any person who shall refuse to leave after being ordered to do so by a peace officer shall be guilty of a violation of this Section. Subdivision 4. Specific Noises The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this Section, but said enumeration shall not be deemed to be exclusive, namely: A. Horns, Signaling Devices, Etc. The sounding of any horn or signaling device on any automobile, motorcycle, street car or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. Go/den Valley City Code Page 1 of 3 § 10.62 B. Radios, Phonographs, Etc. The using, operating, or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operating and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 10 pm and 7 am shall be prima facie evidence of a violation of this Section. C. Loud Speakers, Amplifiers for Advertising. The using, operating or permitting to be played, used or operated, of any radio receiving set, musical instrument, phonograph, loud speaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial or political advertising or attracting the attention of the public to any building or structure D. No person shall, between the hours of 10 pm and 7 am congregate because of or participate in any party or gathering of people from which noise emanates of a sufficient volume so as to disturb the peace, quiet or repose of persons residing in any residential area. No person shall visit or remain within any residential dwelling unit wherein such party, or gathering, is taking place, except persons who have gone there for the sole purpose of abating the disturbance. E. Animals, Birds, Etc. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity. F. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. G. Defect in Vehicle or Load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise. H. Loading, Unloading, Opening Boxes. The creation of a loud and excessive noise in connection with loading, or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers. Source: City Code Effective Date: 6-30-88 I. Construction or Repairing of Buildings. The erection (including excavation), demolition, alteration or repair of any building or highway or utility Go/den Valley City Code Page 2 of 3 § 10.62 construction other than between the hours of 7 am and 10 pm, except for (1) City public improvements after City Council notification or (2) City emergency repairs. Source: Ordinance No. 337, 2nd Series Effective Date: 11-25-OS J. Schools, Courts, Churches, Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the working of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street. K. Hawkers, Peddlers. The shouting or crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood. L. Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale. M. Metal Rails, Pillars and Columns, Transportation Thereof. The transportation of rails, pillars or columns of iron, steel or other material, over and along streets or other public places upon carts, drays, cars, trucks, or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places. N. Railroad and/or Street Railway Engines or Cars, Operation Thereof. The causing, permitting or continuing any excessive, unreasonable, unnecessary and avoidable noise in the operation of a railroad engine or car or of a street railway car at any time or place so as to annoy or disturb the quiet, comfort, health and repose of persons in any dwelling, hotel or other type of residence or any persons in the vicinity; or the creation of any loud or excessive noise or concussion in connection with the switching, coupling or uncoupling of railroad cars between the hours of 10 pm and 7 am, in such manner as to annoy or disturb the quiet, comfort and repose of persons in a residential area. O. Pile Drivers, Hammers, Etc. The operation between the hours of 10 pm and 7 am, of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric noise of other appliance, the use of which is attended by loud or unusual noise. P. Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise. Go/den Va/ley City Code Page 3 of 3