A. Waivers may be granted to any person from any particular requirement of this chapter, if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source, or because of non-availability of feasible technology or control methods. Any such waiver or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances.
B. Waivers shall be issued only upon written application to the Corinne Planning and Zoning Commission, and after providing information including but not limited to:
1. The name and address of the applicant.
2. The nature and location of the noise source for which such application is made.
3. The reason for which the waiver is requested, including the hardship that will result to the applicant or the public if the waiver is not granted.
4. The nature and intensity of noise that will occur during the period of the waiver.
5. The section or sections of this chapter for which the waiver shall apply.
6. A description of interim noise control measures to be taken by the applicant to minimize noise and the impact occurring therefrom.
7. A specific schedule of noise control measures that shall be taken to bring the source into compliance with this chapter within a reasonable time.
C. No waivers shall be issued for a period of more than thirty (30) days except upon due notice to the public with opportunity to comment. Public hearings may be held, when substantial public interest is shown, at the discretion of the Planning and Zoning Commission.
D. The Planning and Zoning Commission may revoke the waiver if:
1. There is a violation of one or more conditions of the waiver; or
2. There is a material misrepresentation of the fact in the permit application; or
3. There is a material change in any of the circumstances relied upon by the Commission in granting the waiver.
E. Sources of noise, subject to this chapter, upon which construction begins after the effective date hereof shall immediately comply with the requirements of this chapter, except in extraordinary circumstances where overriding considerations of public interest dictate the issuance of a waiver.
F. Any person aggrieved by any decision of the Planning and Zoning Commission in relation to the granting or denial of a waiver may appeal to the Corinne City Council. (Ord. 23-01, 2023)