By Randy Arrington
LURAY, Oct. 10 — Seven speakers approached the podium on Tuesday night to address the Luray Council over concerns about amendments to the Town’s noise ordinance. Social media rumors ran rampant in recent weeks and raised concerns among local musicians that local performance venues might be shut down. However, nearly every member of council assured those at Tuesday’s public hearing that the amendments being proposed were not aimed at shutting down the local music scene, and were actually prompted by complaints over a large truck idling all night and a rambunctious rooster.
“It was never our intent” to take away local music, council member Stephanie Lilliard said on Tuesday.
Councilman Alex White stated that the language in the amendments to the noise ordinance actually helped protect local venues and special events, such as live music. However, the regularity of live music at West Main Market Deli’s Beer and Wine Garden on West Main Street has become an issue with at least one neighbor who has complained. Council members expressed their hope that the venue and the neighbor could reach a compromise, and voiced their expectation of law enforcement officers to use their “best judgement” to mitigate future complaints.
“This is becoming a music and arts town,” one local musician who plays at West Main Market told the Council on Tuesday. “I know a person who moved here from Asheville [N.C.]…and she said ‘This is the new Asheville’.”
The Luray Council agreed unanimously to adopt the Code Amendment to Section 58-5 — Loud, Disturbing and Unreasonable Noise “following recent complaints about loud noise in neighborhoods.” The Town Attorney developed the following amendments to provide the Luray Police Department with better guidelines in enforcing the Town’s noise ordinance:
- Extends “Quiet Hours” from 10 p.m. to 7 a.m.
- Modifies motor vehicle noise violation to a continuous or cumulative period of 10 minutes in a one-hour period.
- Establishes sporadic animal noises in the Quiet Hours as a violation.
- Exempts Virginia Department of Energy permitted facilities.
- Establishes a Civil Penalty for Noise Violations.
- Establishes four or more violations in a 180-day period to qualify as a Class I misdemeanor.
Following the public hearing on Tuesday, the Town Attorney stated that the majority of the noise ordinance already in the Town Code was not being modified. Changes were focused on recent complaints. The attorney also noted that verbal warnings would be given before civil penalties were enforced, and it would take four civil penalties within six months to elevate a violation to the criminal level (Class 1 misdemeanor).
In other business, the Luray Council took the following actions at its Oct. 10 meeting:
• Unanimously approved a Code Amendment to Section 516 – Accessory Dwelling Units Structures developed by the Luray Planning Commission. Two speakers addressed the council during the public hearing preceding the vote, both of which endorsed the proposal as a way to open up more affordable housing options within Town limits. The Page County Building Official requested that the reference be changed from “Units” to “Structures” as the Building Code defines an “Accessory Dwelling Unit” as a “dwelling unit in a two-family dwelling that is accessory to the primary dwelling unit.” The planning commission did not desire to include basements or other spaces in the primary dwelling unit for accessory use. Accessory Dwelling Structures are proposed to be allowed by Special Use Permit in the Business (B-1), Low Density Residential (R-1), Medium Density Residential (R2), High Density Residential (R-3), and High Density (Boomfield) Residential (R-4) Zoning Districts. ADS’s must be existing detached structure constructed prior to December 31, 2022 in the Low Density (R-1) Residential District. Accessory Dwelling Structures shall not be used for short-term rentals. The property owner must reside in either the primary residence or accessory dwelling structure.
• Unanimously agreed to table (delay) the issue of a Code Amendment to Chapter 74 of the Town Code to allow operation of golf carts on Town streets with speed limits less than 25 mph, once they have been inspected by the Luray Police Department. After hearing from four speakers during a public hearing and receiving dozens of comments on the issue during a online public survey in recent weeks, council members felt the feedback was varied, few citizens would use it, and more information was needed before reaching a final decision. Virginia Code 46.2-916.2 and 46.2-916.3 establish the requirements for authorizing golf carts on public roads. One concern was that some parts of Town are isolated by streets with a 35 mph speed limit. Virginia localities that have adopted similar Code Amendments include Elkton, Bridgewater, Grottoes, Leesburg, Colonial Beach, Urbanna, Buena Vista, Poquoson, Manassas, Bowling Green, Cape Charles, Clarksville, Goochland County, Essex County, James City County, New Kent County, and York County.
• Unanimously adopted a Code Amendment to Section 30 of the Town Code related to commercial solicitation. The Town has recently received a number of complaints about commercial solicitation at residences, and the current code only provides enforcement if a solicitor enters a property that is posted “No Solicitors”. The amendment requires commercial solicitors to obtain a permit that includes a background investigation as provided by Virginia Code 15.2-913. There were no speakers during the public hearing.
• Unanimously approved and authorized funding of $13,000 from The Town’s Fund Reserves for the acquisition of the 0.249 acre parcel Tax Map No. 42A10-A-3 on Carillon Drive for enhanced access to the Town’s West Main Street Water Tank.
• Unanimously approved and authorized the use of $220,000 from Fund Reserves for the acquisition of the 0.50 acre parcel at 121 North Hawksbill Street (Tax Map No. 42A4-A-42). The property will be used for the Town’s Public Works Department.
• Unanimously agreed to appoint Vice Mayor Ron Vickers to the local Airport Commission.
For more information about the Town of Luray,
visit https://www.townofluray.com/
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