(A) Permits may be issued to allow deviation from the requirements of § 94.03 for:
(1) Holidays, celebrations, concerts, parades or other special events, public or private; or
(2) Persons who demonstrate that bringing the source of sound or activity for which the permit is sought into compliance with the provisions of § 94.03 would constitute an unreasonable hardship on the applicant, the community, or other persons; and that the adverse impact on the health, safety, and welfare of persons affected by the permit has been outweighed by the hardship.
(B) Any person wishing to obtain a permit must submit a written request to do so to the Board at least ten days prior to the date of the event or activity that would produce the noise. The written request must state the purpose of the event or activity and be signed by at least one individual who will be responsible for complying with the permit.
(C) (1) The County Administrator shall consider each written request and recommend approval or denial of the request based on the following factors:
(a) To what extent the event or activity would comply with the provisions of this chapter;
(b) The location of the event or activity and its relationship to the character of the surrounding area;
(c) The time of the event or activity;
(d) Whether the event or activity would promote or support public purposes or provide public benefit;
(e) Whether the event or activity would unduly interfere with the public's ability to use and enjoy the surrounding area;
(f) Whether and to what extent efforts have been made to notify residents of the surrounding area; and
(g) Whether the event or activity would otherwise comply with local, state, and federal law.
(2) The Board at any public meeting, or the County Administrator on behalf of the Board, may grant or deny the requested permit and may impose reasonable restrictions, including a time limit on the permit, that are deemed necessary to limit the adverse impact of the event or activity. Actions of the County Administrator will be filed with the Board at its next regular meeting.
(D) Noncompliance with any condition of a permit shall terminate the permit and subject the person holding it to the provisions of this chapter.
(E) All requests for permits shall be submitted to the Office of the Elkhart County Commissioners at 117 N. Second Street, Goshen, IN 46526. Permits, if granted, shall be in writing with any restrictions stated therein.
(F) Permits granted will be forwarded to the Elkhart County Sheriff's Office.
(Prior Code, § 36-8-2-8) (Ord. 06-100, passed 3-6-2006, 06 COM REC 99–106; Ord. 06-520, passed 9-5-2006, 06 COM REC 520–527; Ord. 2013-407, passed 8-19-2013; Ord. CO-2021-31, passed 10-18-2021)