The owner or operator of a noise source which exceeds any of the provisions of this chapter may apply for an exception from the regulations designated in this chapter, on the basis of undue hardship.
(A) Administration.
(1) The Planning Director shall process and act on exceptions to this chapter.
(2) The Planning Director shall:
(a) Review and act upon all applications for exceptions;
(b) Review and act upon appeals from staff interpretation of this chapter;
(c) Approve a set of rules of procedure for processing exceptions;
(d) Establish the dates, times and place of meetings for official action under his or her authority;
(e) Prescribe any reasonable requirements deemed necessary to minimize adverse effects on the community or the surrounding neighborhood as a condition to the exception; and
(f) Prescribe a time limitation for the exception.
(3) (a) Decisions of the Planning Director may be appealed to the Town Council by any interested party, within ten working days of the action, on a form prescribed by the Town Clerk.
(b) The appeal shall be filed with a fee adopted by resolution of the Town Council.
(4) (a) The application shall be filed on a form prescribed by the Planning Director and accompanied by a fee set by resolution of the Town Council.
(b) A separate application shall be filed for each noise source; provided, however, that, several mobile sources under common ownership or several fixed sources on a single property may be combined into one application.
(B) Reports of meetings. Within ten days of any action taken, the Planning Director shall submit a written report to the Town Council, setting forth the nature of the application acted on, the action taken, the basis of the action taken and a reasonable time period for which the exception shall be effective.
(C) Exception criteria. The Planning Director may grant the exception as applied for only if it is found that:
(1) Additional time is reasonable and necessary for the applicant to alter or modify the activity; or
(2) The activity, operation or noise source will be of temporary duration and cannot be done in a manner that would comply with this chapter.
(D) Application. An application for an exception shall remain subject to prosecution under the terms of this chapter until an exception is granted.
(Prior Code, § 8.16.120) (Ord. 481, passed - -1981; Am. Ord. 770, passed 11-6-2013)