Attachment 4- Issue Parking Lot Cleaning Noise Y
q S CITY OF CHANIIASSEN
Chanhassen is a Community for Life Providing for Today and Planning for Tomorrow
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MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: MacKenzie Walters,Assistant Planner
DATE: September 25, 2017
SUBJ: Parking lot sweeping
Issue
In order to effectively clean parking lots parking lot sweepers must operate when the parking lots
are empty. This effectively requires parking lot sweeping equipment to operate during times
when its operation is prohibited by the City Code.
Summary
The city's noise ordinance limits the times that domestic power equipment and construction,
maintenance, and repair activities can be conducted to certain times of the day. These times
roughly correspond to normal business hours. Since parking lots cannot be effectively cleaned
unless they are empty, it is very difficult for parking lot cleaning services to operate within the
bounds of this ordinance. The ordinance grants exception for other activities that need to operate
outside of these hours, like snow removal,but does not grant a similar exemption for parking lot
cleaning.
Parking lot cleaning is necessary maintenance that typically takes place a couple times a year,
and should be treated similarly to snow removal activities.
Relevant City Code
Sec. 13-52- Hourly restrictions on Certain Operations: Limits the hours in which domestic power
equipment and construction,maintenance, and repair activities can occur. Snow removal,
excavation/grading, and outdoor recreation uses are exempted from various portions of these
restrictions.
PH 952.227.1100• www.ci.chanhassen.mn.us • FX 952.227.1110
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Todd Gerhardt
Parking Lot Cleaning Noise
September 25,2017
Page 2 of 3
Analysis
Sec. 13-52(b) limits the operation of domestic power equipment to between the hours of 7:00
a.m. and 9:00 p.m. Similarly, Sec. 13-52(c) limits construction,maintenance, and repair activities
to between the hours of 7:00 a.m. and 9:00 p.m. on weekdays, and between 9:00 a.m. and 9:00
p.m. on Saturdays. Sec. 13-52(c)prohibits construction,maintenance, and repair activities on
Sundays and the six major public holidays. The intent of this ordinance is to strike a balance
between the need for business and residents to use power equipment for property maintenance
and the need to limit the extent to which these activities disturb surrounding properties.
Sec. 13-52(d)(1) exempts snow removal activities from Sec. 13-52(b)-(c). The rationale behind
this exemption is that homeowners,businesses, and public works often need to engage in snow
removal activities before the morning commute begins. While these activities generate noise, it is
not practical for them to comply with the city's general noise restrictions.
Similarly, it is not usually practical for parking lot sweeping to occur during normal business
hours. In order to be effective sweeping should occur when lots are as empty as possible, usually
early in the morning before employees and customers arrive. Many non-residential land uses
would need to significantly disrupt their business operations while sweeping their parking lots in
order to comply with the city's restrictions on noise generating activities.
Exempting parking lot sweeping activities from Sec. 13-52(b) could have the unintended
consequence of allowing residents in residential districts to utilize domestic power equipment to
clean/sweep driveway and parking areas during the restricted period; however, if the exemption
was only applied to Sec. 13-52(c), it would a only apply to non-domestic uses.
Non-domestic parking lot sweeping is generally only conducted a couple times a year, and
exempting it from Sec. 13-52(c) would not be expected to regularly disturb the city's residents.
Staff believes that many commercial users currently engage in parking lot sweeping outside of
the permitted hours, and these activities generate very few complaints.
Alternatives
1) Do nothing. Generally, these activities do not generate a large number of complaints, and
public safety can use discretion when enforcing the ordinance.
2) Amend Section 13-52 to exempt parking lot sweeping and cleaning from the appropriate
subsections.
Recommendation
Option 2 would establish a consistent treatment for similar activities. The revised ordinance
could read:
Sec. 13-52. -Hourly restriction on certain operations.
Todd Gerhardt
Parking Lot Cleaning Noise
September 25,2017
Page 3 of 3
(a) Recreational vehicles and snowmobiles. No person shall,between the hours of 10:00 p.m. and
7:00 a.m.,drive or operate any snowmobile or other recreational vehicle not licensed for travel
on public highways.
(b) Domestic power equipment. No person shall operate a power lawn mower, power hedge
clipper, chain saw, mulcher, garden tiller, edger, leaf blower/vacuum, drill or other similar
domestic power maintenance equipment except between the hours of 7:00 a.m. and 9:00 p.m.
(c) Construction, maintenance and repair activities. No person shall engage in or permit
construction,maintenance or repair activities creating noise, including,but not limited to,the
use of any kind of electric, diesel, pneumatic, or gas-powered machine or other power
equipment except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between
the hours of 9:00 a.m. and 9:00 p.m.on Saturday, and no such activity is permitted on Sundays
or on the following public holidays: New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day and Christmas Day.
Construction activities in conjunction with new developments and city improvement
projects, including but not limited to grading, utility installation and street paving, requiring the
use of heavy equipment shall be permitted between the hours of 7:00 a.m. and 6:00 p.m. on any
weekday and 9:00 a.m. and 5:00 p.m. on Saturdays. No such activity is permitted on Sundays or
public holidays.
Residential construction,repairs or maintenance, including lawn maintenance, conducted by
the homeowner or occupant shall be permitted between the hours of 8:00 a.m. and 7:00 p.m. on
Sundays and public holidays. The use of electronic insect deterrents (aka, "bug zappers") is
limited to use between the hours of 9:00 a.m. and 9:00 p.m. during the seven days of the week.
(d) Exceptions. The following uses and activities are exempt from this section as specified below:
(1) Snow removal motor vehicles,equipment and operations are exempt from subsection 13-
52(b) and (c).
(2) Excavation/grading operations are exempt from subsection 13-52(c), but must comply
with section 7-45.
(3) Outdoor recreational uses are exempt from subsection 13-52(b) and (c).
(4) Parking lot sweeping vehicles, equipment, and operations are exempted from
subsection 13-52(c).
(Ord. No. 373, § 6, 4-12-04; Ord. No.407, § 1, 12-12-05; Ord. No. 430, § 1, 9-25-06; Ord. No.
433, § 1, 10-23-06)
Staff is requesting direction from the Planning Commission on how best to address these
concerns.
G:\PLAN\City Code\2017\Various\Issue Parking Lot Cleaning Noise.docx