Noise: a land use dilemma? A case study of the City of Jacksonville.

• Author: Brown, Dana L.
• Position: Florida

Numerous studies have shown that mixed land uses, high density populations, and amenities for pedestrians can present challenges for achieving noise levels that protect citizens from the effects of noise. (1) Based on field investigations and anecdotal evidence of what appeared to be a combination of the above mentioned factors, the City of Jacksonville's Environmental Quality Division (EQD) decided to investigate whether zoning changes were having an impact on the increase in noise complaints. (2)

The writers of this article examined noise complaints documented in the city's Citizen's Active Response Effort (CARE) system (3) and then researched the property appraiser's database (4) and city council legislation (5) in order to document those cases where a zoning change may have led to an incompatible use, resulting in noise complaints. The writers limited themselves to studying the noise complaints received between October 2006 and May 2007 that were documented in the city's CARE system. The majority of the complaints fit into one of four categories: dumpsters, nightclubs, residential equipment (pool pumps, air conditioners), and adjacent construction. Many of these complaints resulted in enforcement action being taken against the owner/operator of the noise source. A proactive approach to addressing these common noise issues would be a much preferred path rather than a regulatory reaction which may involve the imposition of penalties and the costs of corrective actions on trash haulers, landowners, and construction companies.

Between the months of October 2006 and May 2007, 382 noise complaints were received and documented in the city's CARE system. (6) The number of noise complaints may have been limited due to intra-city efforts to resolve this very issue during this timeframe. The exact details of the zoning-related complaints are available in the endnotes. (7) Careful study of the zoning history of both the complainant and source properties showed that a portion of the complaints arose after legislative zoning changes. While the number of zoning-related complaints is not significant enough to warrant a firm conclusion that zoning changes are the direct cause of an increase in noise complaints, it does point to a broader issue: The need for planning and mitigating measures, not only prior to development, but also as development and population densities continue to expand. (8)

There are a number of actions that a city or county can take to reduce the impact of noise on a local population and improve the overall quality of life for residents. These measures include zoning and noise pollution ordinances, preventive planning, source and path control, and receiver control. The most effective means of reducing the impact of noise is at the planning stage, addressing potential noise issues before they arise through predevelopment noise assessments, noise exposure mapping, and source control through zoning regulations. Through planning, jurisdictions can minimize the potential for conflict between proposed land uses and sources of noise pollution. (9) Proper planning also facilitates cost effectiveness and maximizes the number of available planning and design options. By ensuring that conflicting land uses are identified and minimized at the predevelopment stage, the need for subsequent remedial measures is avoided.

The Florida Comprehensive Planning and Land Development Regulation Act, F.S. Ch. 163, Part II, requires every city to implement an advanced planning system, the comprehensive plan, which regulates future development. (10) The plan is designed to control the flow of development and provide protection for social, economic, and environmental resources. (11) However, the act does not specifically address the issue of noise. (12) Thus, it is up to each individual county and city to address noise at the planning level. Requiring environmental assessments prior to any change in zoning or future development, with specific attention given to the impact of noise, can help make the plan more effective in protecting...