Noise Ordinance and Input

I just wanted to take a moment to offer input. I’m sure you all are carefully considering the impact of any change and also considering the fairness of an ordinance to both businesses and residential owners. The following is my opinion as a commercial property owner and business owner downtown.

As a broker, I may have a more conservative view of individual rights. I always felt the rights of the least intense use should be protected first. In this case, there is a right to use a commercial property; we just want to avoid a negative impact on adjoining residences and also avoid a precedent for future potentially detrimental uses. If you expand the time for weekend performance, I feel it will be difficult to limit later. It also makes sense that it would become difficult to limit times and noise for all other commercially zoned properties potentially doing the same thing in the future once there is an expansion of use allowed. It would be wise to consider all possible locations that would potentially be allowed a higher traffic and impact. A good ordinance should be written to protect rights, not allow an undue impact to hurt bed and breakfasts or residences. I personally think outdoor performance at a reasonable level you as a commission determine (subject to reduction) prior to 10PM is reasonable. Indoor areas with facilities designed to contain noise and minimize impact on surrounding residences should be allowed to do as they have. Outdoor music with dinner until 10 at a low to moderate volume is reasonable. Outdoor concerts or loud bands next door to a bed and breakfast or home is simply unfair and makes use as a residence or sleeping of guests impossible. Please pick a time when everyone would expect to be able to sleep or reasonably enjoy their stay. The problem with Green Turtle vs. Florida House should be an indication of just how important getting this ordinance right will be for Fernandina.

Your job is to think through current and future implications if there is consideration of an ordinance expanding use or times allowed. I do think you should consider negative impacts on residential uses or adjoining business first…then think of ways to be fair to all. This ordinance will be longer lasting and have a greater impact than any of us imagine. My own view is that outdoor commercial music should be controlled at a fair level and stop at 10PM in the downtown area. I think an area within say…200 feet of any residence should be required to stay at a level you find fair and again..stop at 10PM. If you have an enclosed area or fully enclosed courtyard that contains the sound..I would treat those areas differently.

I know you will carefully consider the above and I trust you to find a reasonable solution. Thank you for your time.

Edward E. Boner

Owner

11 1/2 North 4th Street

Fernandina, FL 32034