(A) The owner or operator of a noise or vibration source which violates any of the provisions of this title may file an application with the Director of Development Services for an exception from the provisions thereof wherein the owner or operator shall set forth all actions taken to comply with the provisions, the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. The application shall be accompanied by a nonrefundable fee in an amount specified by resolution of the City Council. A separate application shall be filed for each noise source: provided however, that several sources under common ownership, or located on a single property may be combined into one application. Upon receipt of the application and fee, the Director of Development Services shall refer the application with his or her recommendations thereon within 30 days to the Planning Commission for action thereon in accordance with the provisions of this title.
(B) The Planning Commission shall evaluate all applications for exception to the requirements of this title and may grant the exceptions with respect to time for compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum compliance with the provisions of this title. The terms, conditions and requirements may include, but shall not be limited to, limitation on noise levels and operating hours. Each such exception shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations, the Planning Commission shall consider the following:
(1) The magnitude of nuisance caused by the offensive noise.
(2) The uses of property within the area of impingement by the noise.
(3) The time factors related to study, design, financing and construction of remedial work.
(4) The economic factors related to age and useful life of the equipment.
(5) The general public interest, welfare and safety.
(C) Any exception granted by the Planning Commission shall be by resolution and shall be transmitted to the Director of Development Services for enforcement. Any violation of the terms of the exception shall be a violation of the requirements of this chapter.
(D) A decision of the Planning Commission hereunder shall be subject to appeal pursuant to § 23.76.090.
(E) This section is in addition to any application for a variance which may be filed pursuant to other provisions of this Municipal Code and is intended as a procedure to approve a temporary deviation from the noise and vibration requirements of this code to accommodate a plan to come into compliance.
(Ord. 4611, passed 2-11-13) Penalty, see § 18.02.120