§ 95.08 SPECIAL PERMIT FOR RELIEF.
   (A)   Less Than Six Months. Application for a permit for relief from the noise level designated in this chapter on the basis of undue hardship for any period less than six months may be made to the City Engineer or his duly authorized representative. Any permit granted by the City Engineer hereunder shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective. The City Engineer or his duly authorized representative, may grant the relief as applied for if he finds:
      (1)   That additional time is necessary for the applicant to alter or modify his activity or operation to comply with this chapter; or
      (2)   That activity, operation or noise source will be of a temporary duration, and can not be done in a manner that would comply with other sections of this chapter; and
      (3)   That no other reasonable alternative is available to the applicant; and
      (4)   The City Engineer may prescribe any conditions or requirements he deems necessary to minimize adverse effects upon the community or the surrounding neighborhood.
   (B)   Six Months or More. Applications for special permits for six months or more shall be submitted to the City Engineer. The City Engineer shall refer such applications with his comments to the Board of Public Works and Safety which may, if it is in the public interest, grant a special permit for a period not to exceed 12 months upon proof by the applicant that compliance is impossible within a lesser time. The submitted proof shall contain a report by an official engineer who is a member of the Institute of Noise Control Engineers showing the reasons for impossibility of compliance. The Board of Public Works and Safety may, in conjunction with the granting of any such special permit, prescribe conditions or requirements to minimize adverse effects upon the community or surrounding neighborhood. Upon termination of any such permit the applicant may apply for a new permit.
(‘85 Code, § 29.06(s))