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Alternatively, the Fannins voiced a willingness to build a cinderblock wall around the h noise, but only with assurances beforehand that building the wall would resolve the code to abate the Denise Kelly, the Fannins' neighbor who filed the noise complaint, also spoke at the July 2 Board meeting and urged the Board to require the Fannins to reduce the current sound level of the pool heater by installing a sound barrier (wall) or by undertaking other measures. (Note: the Fannins ultimately agreed to not run the pool heater until a sound barrier or other sound mitigation measure is undertaken to reduce the decibel level of the heater, and the code case has since been closed.) As a result of the July 2 public discussion item, the Board directed staff to research the sound levels of modern, efficient outdoor mechanical equipment so a determination can be made as to what changes to the County Code relating to decibel thresholds might be warranted. The Board also directed staff to survey other local governments to determine how other jurisdictions address the issue. Subsequently, staff conducted research on the matter and reported back to the Board of County Commissioners at the Board's September 10, 2013 meeting (see minutes, Attachment 1 this report). After conducting the research, staff recommended that the Board not change the County's residential district decibel thresholds in LDR Chapter 974. Rather, staff recommended (and the Board agreed) that the County should develop procedures to minimize potential noise disturbances from outdoor mechanical equipment in PDs and small—lot subdivisions that have reduced yard setbacks. To that end, attached for the Board's approval consideration is a proposed ordinance that amen s the County's LDRs to regulate the location and/or sound mitigation of outdoor mechanical equipment in PDs and small -lot subdivisions with reduced yard setbacks. Proposed LDR revisions As proposed, the ordinance (Attachment 4 to this memorandum) amends similar sections of LDR Chapter 911, Zoning, and LDR Chapter 912, Single -Family Development, by adding the following (nderlined) language as it pertains to encroachment of mechanical equipment into required yard setbacks: "Air conditioners, pool heaters and similar mechanical equipment. Air conditioning equipment, pool heaters, sprinkler system controls and similar mechanical equipment (including utility pad mounted equipment) may project into any required yard provided that the equipment is mounted adjacent to the building. setbacks shall be: such as a porch or natio; or • located at least 10 feet from all property lines; or ibel model unit or installed or other county -approved noise-mitigatingimprovement." The proposed ordinance also amends LDR Chapter 974, Noise and Vibration Control, by adding the following (underlined) exemption to decibel level threshold restrictions established in Chapter 74: " Noises resulting from an air conditioner,pool heater, and similar outdoor mechanical equipment that is properly located or county -approved as a "quiet" low decibel model unit or installed wit a coun - 2 FXommunity Development\Users\ROLAND\LDR\Mech equip noise LDR revisions\Outdoor Mech Equip Noise LDR Amend BC 7 Item 12-10- 13.doc 151