(a) Public safety exceptions. The operation of authorized emergency vehicles, including without limitation police vehicles, fire vehicles, ambulances and city, county or state snowplowing vehicles, the use of sirens, warning devices, sound amplification devices or other equipment by public safety personnel in emergency situations, and the performance of any emergency work such as utility maintenance, tree removal after weather events, and snow removal necessary to restore public service or eliminate a hazard are exempt from the requirements of this Article IV of city code.
(b) Noise Exception Permit. It is recognized that under certain circumstances it would be a hardship for a source to comply with the provisions of §§ 10.29.02 or 10.29.07 of this chapter. The purpose of the exception permit application process is to ensure that sufficient information is provided by the applicant and that appropriate conditions are attached to enhance compatibility with surrounding uses.
(1) Permit application. The application must be submitted to the Community Development Director and contain the following information:
(A) Dates for exception requested;
(B) Location of particular
source and times of operation;
(C) Equipment involved;
(D) Necessity for request of exception;
(E) Steps taken to minimize
from source;
(F) Names and contact information of responsible ;
(G) Names and contact information for the property owner of the location;
(H)
impact statement for a
; and
(I) Application fee listed in City Code Appendix A for a
.
(2) Review, approval and suspension.
applications must be reviewed and acted upon by the Community Development Director or designee. applications must be reviewed and acted upon by the City Council at a public hearing with notice provided at least ten days in advance of the public hearing by first class mail to all property owners and tenants within 500 feet of the proposed source. A decision to approve or deny an exception must be based on the factors set forth in § 10.30(a).
(A) Appeal of Community Development Director decision. The applicant for a
may appeal the decision of the Community Development Director by submitting an appeal request with supporting materials within three business days of the decision. The appellants will be given the opportunity to present their case in front of the City Council.
(B) Conditions of approval. The entity empowered to take action on a exception permit has the authority to attach conditions of approval to that application. Any modifications to conditions of approval must be made by the entity that was originally empowered to act upon the exception permit.
(C) Suspension or revocation. The City Council may suspend or revoke a upon the failure of the permittee, owner, operator, tenant, or user to comply with the conditions established at the time of approval. A suspension or revocation must be preceded by written notice to the permittee and a hearing. The notice must state the nature of the violation, the time and place of the hearing and mailed to the most recent address listed on the application at least ten days in advance of the hearing.
(Ord. 168, passed 1-8-1952; Ord. 86-17, passed 3-24-1986; Ord. 2005-29, passed 7-18-2005; Ord. 2021-33, passed 10-11-2021)