§ 16-302. Definitions.

For purposes of this article, certain phrases and words are defined below. Words or phrases not defined in this article, but defined in applicable state law or the Code of DeKalb County, Georgia, shall be given that meaning. All other words or phrases shall be given their common ordinary meaning unless the context requires otherwise. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them below except where the text clearly indicates a different meaning:

"A" weighted sound level means the sound level reported in units of dB(A) approximating the response of human hearing when measuring sounds of low to moderate intensity as measured using the "A" weighting network with a sound level meter meeting the standards set forth in ANSI S1.4-1983 or its successors.

ANSI means the American National Standards Institute.

"C" weighted sound level means the sound level reported in units of dB(C) as measured using the "C" weighting network with a sound level meter meeting the standards set forth in ANSI S1.4-1983 or its successors.

Commercial area means any parcel of land which is zoned for any commercial use, including regional commercial centers, neighborhood and community-oriented stores, shopping centers and other developed centers where commercial land uses predominate. Such area includes property zoned O-I, O-I-T, C-2, O-D, NS, C-1 and any property zoned OCR, excluding property used for residential use.

Common area means any portion of residential property that is either commonly used or owned by its residents, is intended for the common enjoyment of its residents, or is accessible to residents of more than one (1) dwelling located on the property and includes, but is not limited to, closed and open hallways, stairwells, stairways, elevators, lobbies, parking lots, parking garages, indoor and outdoor recreational areas within the development, laundry rooms, mailbox areas, yards, and open space that is the central organizing feature of a development.

Decibel (dB) means the unit for the measurement of sound pressure based upon a reference pressure of twenty (20) micropascals (zero (0) decibels), i.e., the average threshold of hearing for a person with very good hearing.

Dwelling means one (1) or more rooms, designed, occupied or intended for occupancy as separate living quarters for humans.

Industrial area means any parcel of land which is zoned for industrial use, including property used for light and heavy distribution, warehouses, assembly, manufacturing, quarrying, truck terminals and landfills. Such area includes property zoned M-1 and M-2 and includes any commercial land uses allowed in M-2.

Mixed-use development means a development which incorporates a variety of two (2) or more different land uses, buildings or structures that include both primary residential uses and primary nonresidential uses as part of the same development. Such uses may include, but not be limited to, residential, office, commercial, institutional, recreational, or public open space in a compact urban setting that encourages pedestrian-oriented development that can result in measurable reductions in traffic impacts. Such a development would have interconnecting pedestrian and vehicular access and circulation.

Multifamily dwelling means a building designed for and containing more than one (1) dwelling, and shall include single-family attached dwellings, multifamily dwelling units, apartments, duplexes, triplexes, condominiums and attached townhomes.

Plainly audible means any sound which can be heard or detected by the unaided and unimpaired human ear. Words and phrases need not be discernable in order for them to be considered plainly audible.

Residential area means any parcel of land which is zoned for any residential use, including single-family detached or attached dwellings, multifamily dwellings, or mobile home parks. Such area includes any property zoned O-1 or OCR which is used for multifamily dwellings, and any property zoned C-1 which is used for multifamily dwellings.

Sealed dwelling means any dwelling that has all of its windows and doors closed.

Single-family detached dwelling means a dwelling on an individual lot unattached to another dwelling.

Sound means any oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency. Bass reverberations constitute sound. Sound includes, but is not limited to:

(1)

Mechanical sound-making devices such as radios, stereos, boom boxes, televisions, musical instruments, horns, whistles, bells, chimes or carillons, phonographs, sound amplifiers or other machines or devices for the producing, reproducing or amplifying of sound;

(2)

Human-produced sounds such as yelling, shouting, hooting, whistling, singing, speaking or arguing;

(3)

Commercial advertising sounds;

(4)

Party noise;

(5)

Sound coming from motorized landscape maintenance devices such as lawn mowers, weed-whackers, leaf blowers, and chain saws;

(6)

Animal vocalizations from pets or nondomesticated animals;

(7)

Testing of burglar, fire or car alarms; and

(8)

Sound coming from construction and demolition activities such as hammering, nailing, drilling, sawing, and paving.

Sound level meter means an instrument that conforms to ANSI S1.4-1983 or its successors.

(Ord. No. 10-20, Pt. I, 11-16-10)