West Newsmagazine 4-19-17

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April 19, 2017
WEST NEWSMAGAZINE I NEWS I 15
Wildwood looks toward amending noise code, zoning ordinance
By MARY SHAPIRO
Wildwood’s City Council will vote on
April 24 on legislation that would adopt
amendments to the city’s noise code and
zoning ordinance relating to aquaculture
operations and other constant emitters of
sound. But one resident said the legislation
is narrowly targeted at his fish farm on
Wild Horse Creek Road.
Following a public hearing on April 10,
only Councilmember Ed Marshall [Ward
2] was opposed to preparing legislation to
change zoning performance standard regulations
in the noise code section to address
noise emissions from equipment that occur
for extended periods of time.
Joe Vujnich, the city’s director of planning
and parks, said during the hearing that
the fish farm is a permitted use on its Wild
Horse Creek Road site – where agricultural
activities are allowed on tracts of five acres
or larger. He also said the 10-acre property
has a larger water feature, where Michael
Lisk has constructed 16 pens to hold the
fish.
“Given the number of fish in each of
the pens, the water needs to be aerated to
maintain appropriate oxygen levels – if not
oxygenated, the fish will die,” Vujnich said.
To oxygenate the water, mechanical aerators
are needed for each of the pens and
each must operate 24-7. But the constant
noise has created problems for neighbors
and has led to two city-initiated sound
studies to determine if the level of noise is
in excess of currently allowable levels. The
studies indicated a high level of constant
sound but not above the 50-decibel city
limit, he said.
“Given this outcome, the neighbors have
questioned the code’s protections and how
an operation of this nature could be allowed
in a rural area of Wildwood, which has a
very quiet environment,” Vujnich said. He
said that question encouraged the city to
explore other solutions. He said the current
code isn’t able to adequately address longterm
constant emitters of noise. A letter of
recommendation from the Planning and
Zoning Commission identifies emitters of
continuous sound as a special problem and
advises special treatment to address their
operation.
Lisk, who lives on Katsura Court in
Wildwood, said he has tried to address
problems with sound mitigation to reduce
the aerator noise. He also has said that he
eventually intends to build a house on the
property. As the property currently stands,
it would be “grandfathered,” even if new
regulations are approved, meaning those
regulations would not apply unless a triggering
event occurred.
“The intent of the law is to prevent, in
the future, emitters of noise – including
commercial type air conditioning units or
other devices – over extended periods, to
ensure residents aren’t exposed to continuous
noise emitters that create a nuisance,”
Vujnich said.
He said that, if the Lisk fish farm triggers
any of four grandfathering criteria in
the future, such as expanding aquaculture
uses on the site, the farm could continue to
operate while the business was obtaining a
conditional use permit for those expanded
operations. Vujnich added that the legislation
changes “will create high standards for
the business to be able to retain the current
grandfathering.”
Some neighbors complained vigorously
about problems with the fish farm noise.
But Lisk said he wants to use sound enclosure
boxes on the aerators to help with
noise and has hired a sound consultant
engineer. But admitted, “It’s a difficult balancing
act, trying to mitigate the sound but
not raise the operating temperature of the
aerators, which would make them wear out
faster.” He added that the noise from his
operation “would have to double in intensity
and volume before there would be a
violation” of the city’s noise code.
Lisk said any forfeiture of his grandfathering
that would subject him to a conditional
use permit process “would make the
legislation unenforceable because it would
be [an] intentional, punitive action by the
city.”
Marshall said he opposed drafting the
legislation because he didn’t feel it would
resolve this particular noise issue and there
would be no immediate improvement in
the situation for neighbors.
“There’s no violation now. Mr. Lisk
doesn’t violate the decibel levels,” Marshall
said. Adding sound boxes as Lisk is
proposing “would be in the best interests
of neighbors,” he added. “Nothing this
legislation would do will change the sound
level – people won’t see a quieter environment.
I think the owner is trying to address
the situation, and I think we’re trying to
rush something through.”
Councilmember Greg Stine [Ward 7]
said residents near the fish farm would get
relief under the proposed law only if the
business operations change down the road.
“There must be a better solution, he said.”
• m e r a m e c r i v e r •
CALLING ALL ARTISTS + photographers
< PLEASE JOIN US FOR AN ARTISTIC OPPORTUNITY >
Paint or photograph the scenes along Wildwood’s Meramec River Valley,
and then display your art at City Hall through the summer and at the August
Wildwood Celebration and Art Festival. Awards will be announced on
May 19, 2017, in conjunction with participants’ reception and City concert.
DATE: MAY 6, 2017 – SATURDAY (rain date - May 13, 2017)
EVENT TIME: 8:00AM – 5:00PM
EVENT DAY CHECK-IN: 7:00AM – 8:00AM, MAY 6, 2017
WILDWOOD CITY HALL, 16860 MAIN STREET,
WILDWOOD, MISSOURI 63040
PRE-REGISTER FOR FREE at: www.cityofwildwood.com/pleinair
EVENT DAY REGISTRATION - $10 7:00AM – 8:00AM, MAY 6, 2017
ILDWOOD
PLEin air
• ART EVENT•
AWARDS WILL BE GIVEN FOR THE FOLLOWING:
TRADITIONAL MEDIA – Best of Show – $500
PHOTOGRAPHY – Best of Show – $500
student awards – five (5) $100.00 PRIZES
Prize money donated by Wildwood
Each entrant will receive a souvenir of the event.
More details available at www.cityofwildwood.com/pleinair
CITY OF WILDWOOD | 16860 MAIN STREET | WILDWOOD, MO 63040
PHONE:(636)458-0440 | WWW.CITYOFWILDWOOD.COM