In 2015, the City of Sparks comprehensively revised the zoning code (Title 20 of the Sparks Municipal Code (SMC)). Amongst other changes, construction hours were codified in SMC Section 20.04.005(D) to permit construction between 7 A.M. and 7 P.M. Monday through Friday, and from 9 A.M. to 5 P.M. on Saturdays; no construction is permitted on Sundays.  

 

These construction hours have been consistent and enforced in Sparks for at least the last 20 years.  Prior to codification in SMC 20.04.005(D), construction hours were regulated through individual land use entitlements (e.g., special use permits) or by inclusion in the development standards handbooks (handbooks) for planned developments, which serve as the zoning regulations for planned developments. As most new development required an entitlement or was governed by a handbook, the City was able to apply construction hours restrictions on most new development occurring in Sparks.  With construction hours now specified in the zoning code it no longer is necessary to add a condition on entitlements to govern construction hours.  

 

Adoption of construction hours in the zoning code was accompanied with some flexibility.  SMC 20.04.005(D)(2) allows the Administrator (the City Manager or designee) to allow exceptions to the stated construction hours for a specific period.  Generally, staff has used this provision when public safety can be promoted by allowing work outside of the regular hours of construction.  

During the November 23, 2020 City Council meeting, Councilmember Anderson asked to initiate potential amendments to the regulations on construction hours.  Accordingly, this agenda item allows the City Council to direct the City Manager to proceed with drafting amendments related to construction hour regulations in Section 20.04.005. 

 

Modifying the construction hour regulations in Section 20.040.005 will generally not affect planned developments.  As discussed in the “Background” section, planned developments are governed by handbooks that the City adopts by ordinance.  Most of the northern part of the City is governed by handbooks.  These handbooks generally limit construction hours to between 7 A.M. and 7 P.M. Monday through Friday, between 9 A.M. and 5 P.M. on Saturday, and do not permit work on Sundays.  Exhibit 1 has been attached to this staff report to depict planned developments, outlined in blue, where any modifications to the construction hours regulations in the zoning code would not apply.  A significant amount of current construction activity in Sparks occurs within these planned developments.

 

Should the Council direct the City Manager to initiate amendments to the construction hours regulations in the zoning code, staff will draft changes, obtain input from stakeholders, propose amendments for the Planning Commission’s consideration, and then bring a public hearing item to the City Council with the Planning Commission’s recommendation.