Exceptions may be requested from the standards set forth in this Chapter as follows. Notwithstanding any other provision to the contrary, the applicant must demonstrate that the activities described in the application would not be detrimental to the health, safety or general welfare of the community. In determining whether activities are detrimental to the health, safety or general welfare of the community, the decision-maker shall consider such factors as the proposed duration of the activities and their location in relation to sensitive receptors.
(a) Construction-related. An application for a construction-related exception shall be made to and acted upon by the City Manager or his or her designee on forms provided by the City, if any, and shall be accompanied by the appropriate filing fee as determined by the City Council. No public hearing is required and there is no appeal. Mitigations may be required.
(b) Single event. An application for a single event exception shall be made as or considered as part of a special events permit.
(c) Continuous events. An application for a continuous events exception shall be made to the City Manager and shall be accompanied by the appropriate filing fee adopted by the City Council. The application shall be processed in the same manner as a variance. An application for a continuous events exception that is associated with an application for a land use permit shall be processed concurrently with the land use permit. Reasonable conditions may be imposed to minimize the public detriment, including, but not limited to, restrictions on sound level, sound duration and operating hours.
(d) Time to obtain permit. For a period of 180 days from the effective date of this Chapter, no person creating any sound prohibited by this Chapter shall be considered in violation of this Chapter if the sound is related to a use that is operating pursuant to an approved land use permit or if an application for a continuous events exception has been filed and if a decision on the application is pending.
(Ord. 101, passed 11-7-2007)