(A) Emergencies. This chapter shall not apply to creating sound for the purpose of alerting persons to the existence of an emergency, oncoming trains, creating sound in the performance of emergency work or creating sound in the performance of law enforcement activities by the Chief of Police and/or his or her agents.
(B) Lawn maintenance and residential construction equipment. Customary lawn maintenance equipment for residential use, such as lawn mowers, leaf blowers and chain saws, as well as customary residential construction equipment, from 8:00 a.m. to 9:00 p.m., if in good working order and if used only as needed, may exceed the maximum sound guidelines established above.
(C) Residential snow removal. Snow blowers for residential use if in good working order and if used only as needed may exceed the maximum sound guidelines established above.
(D) Commercial snow removal. Snow removal from commercial or industrial property by any internal combustion device is permitted at all times if the snow removal equipment has a properly functioning muffler.
(E) State, county, municipal, school district and hospital equipment. This chapter shall not apply to sound made by street and sidewalk maintenance equipment or snow removal equipment used by the state, county, city, a school district, a hospital or their agents.
(F) Special variances.
(1) The City Council may, consistent with this section, grant special variances which may be requested.
(2) Any person seeking a special variance pursuant to this section shall file an application with the City Council. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. Any individual who claims to be adversely affected by the allowance of the special variance may file a statement to that effect with the City Council containing any information to support his or her claim. If the City Council finds that a sufficient controversy exists regarding an application, a public hearing may be held.
(3) In determining whether to grant or deny an application, the City Council shall balance the hardships of the applicant, the community and other persons of not granting the special variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected and any other adverse impacts of granting the special variance. Applicants for a special variance and persons contesting the special variance may be required to submit any information the City Council may reasonably require. In granting or denying an application, the City Council shall place on public file a copy of the decision and the reasons for denying or granting the special variance.
(4) Special variances shall be granted by notice to the applicant containing all necessary conditions, including the time limit on the permitted activity. The special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special variance shall terminate it and subject the person holding it to the provisions of this chapter regulating the source of sound or activity for which the special variance was granted.
(Ord. 926, passed 3-24-2009)