Application for a permit for relief from the maximum noise level limits designated in this article may be made in writing to the NCO. Any permit granted by the NCO hereunder must be in writing and shall contain all conditions, including the time periods and beginning and ending dates, upon which the permit is granted. In determining whether to grant or deny the permit, the NCO shall alliance the hardship to the applicant, the community, and other persons of not granting the permit 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 permit. The NCO may grant the applied for special permit only as follows:
(1) The NCO may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood, including use of mufflers, screens or other sound-attenuating devices.
(2) Permits for entertainment. Permits may be granted for the purpose of participatory and/or spectator entertainment, the primary purpose of which is not to promote the sale of goods or services, under the following conditions:
a. The permit will be effective for only twelve (12) hours in each twenty-four-hour day during the length of the permit period.
b. The function must be staged between the hours of 9:00 a.m. and 12:00 midnight during the permit period.
c. The beginning and ending times and dates of the permit period shall be stated on the permit.
(3) Other special permits for nonentertainment special purposes may be issued by the NCO or the city under the following conditions:
a. If the special purpose relates to the operation of a trade or business, the special purpose must not be in the ordinary course of that trade or business and must be necessary to the operation of the trade or business.
b. If the special purpose does not relate to the operation of a trade or business, the special purpose must not be an ordinary event in the affairs of the applicant and must be compatible with the ordinary activities within the neighborhood in which the special purposes is proposed to occur.
c. If the special purposes is a recurring one, it must not recur more than four (4) times each calendar year.
d. Except in emergency situations, as determined by the NCO, the special permit may be issued for eight (8) hours (between 7:00 a.m. and 12:00 midnight) only.
e. Special permits may be issued for no longer than fifteen (15) consecutive days, renewable by further application to the NCO.
(4) No permit may be issued to permit the use of any loudspeaker or sound-amplifying device on the exterior of any building which at any time exceeds the sound level limits in Table 1 except those used for emergency warnings.
(Ord. No. 1454, § 7, 2-11-91)