(a) Sound exceedance permit.
(1) Except where otherwise permitted under this article, a sound exceedance permit shall be required to lawfully exceed the Central Business (CBD) and Commercial District sound level limits set forth in section 10-83.
a. The applicant for a sound exceedance permit shall supply at a minimum:
1. A site plan showing the event space illustrating the following:
i. The location of any stages or performance zones;
ii. The location and direction of orientation of any loudspeakers to be used;
iii. The location of any audience seating or assembly area;
iv. The point(s) of ingress and egress for the site;
v. Land Use and zoning district of all abutting properties; and
vi. Any other information deemed necessary for enforcement of this article by a noise control administrator.
2. Date and time sound exceedance is expected to begin and end.
3. The name and contact information of a person ready and able to take action to cease the sound exceedance upon notice from the city.
4. Sound impact plan if required.
5. Written certification that written notice will be provided to addresses located within 500 feet of the real property line of the subject property where the sound is to be produced at least one week prior to the permitted date.
b. Applications must be submitted for review:
1. 14 days prior to the desired date for Type 1 and Type 2 permits; or
2. 30 days prior to the desired date for Type 3 permits.
(2) A sound exceedance permit shall authorize the holder to exceed the maximum decibel limits as set forth in section 10-83 as follows:
a. Type 1:
1. No more than two days of events within a single twelve-month period.
b. Type 2:
1. No more than eight days of events within a single twelve-month period; and
2. In accordance with an approved sound impact plan.
c. Type 3:
1. Limited to approved Performance Centers;
2. No more than 30 days of events within a single twelve-month period;
3. In accordance with an approved sound impact plan incorporating a noise model performed by an acoustical engineer that demonstrates the comprehensive management and reduction of off-site decibel impacts.
(3) Sound impact plan.
a. A sound impact plan shall include at a minimum:
1. Performance area layout and sound orientation, including size and technical specifications of sound amplification equipment;
2. Sound-mitigating design features, including description of any permanent or temporary sound barriers or sound mitigation devices;
3. Location and proximity of nearby residential dwelling units and method of managing anticipated off-site decibel impacts;
4. Prescribed decibel levels, expected duration of sound exceedance, and hours of operation; and
5. Availability and use of decibel meters on-site including provisions for the monitoring of meters.
(4) Permitted sound exceedance may occur between 10:00 a.m. and 10:00 p.m. Sunday through Thursday or 10:00 a.m. and 11:00 p.m. Friday through Saturday. Sound exceedance shall not exceed eight hours in duration.
(5) In no event shall the emission of sound measure more than 85 dBA Leq using a minimum measurement interval of one minute on a property with an occupied residential dwelling unit.
(6) The following criteria shall be considered in the determination of whether to grant or deny an application for a sound exceedance permit:
a. Suitability of the site for sound exceedance based on topography, proximity to existing residential uses, and the use and activities permitted by the zoning regulations in the area;
b. Size and capacity of the site or venue covered by the permit;
c. Intensity of sound levels, including time and duration at which the sound exceedance will occur;
d. Sound mitigating design features proposed in the permit application, including performance area layout and orientation, buffering, orientation of speakers, or other mitigation strategies;
e. History of verified noise complaints and violations at the site.
(7) Should the applicant fail to abide by all applicable requirements found within this article, the noise control administrator shall be authorized to suspend the permit for up to two weeks if the administrator determines:
a. A formal written warning was issued; and
b. At least two documented violations of this section have occurred within a 90 day period.
(8) Revocation of a permit.
a. A sound exceedance permit may be revoked by the city if:
1. A sound exceedance event occurred during a suspension; or
2. At least two documented violations of this section occur within six months after the end of a suspension.
b. Permits revoked for violations of this section shall not be eligible for reissuance for at least 365 days from the date of the last violation.
(Ord. No. 4390, § 2, 7-27-21)