Applications for a special permit for relief from the maximum allowable noise level limits designated in this Chapter may be made in writing to the Mayor or his designee. Any special permit granted by the Mayor or his designee hereunder must be in writing and shall contain all conditions upon which said special permit shall be effective. The Mayor, or his designee, may grant the relief as applied for under the following conditions:
(a) The Mayor or his designee may prescribe any reasonable conditions or requirements as deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood, including use of mufflers, screens or other sound-attenuating devices.
(b) Special permits for entertainment. Special permits may be granted for the purpose of entertainment under the following conditions:
(1) The function must be open to the public (admission may be charged).
(2) The function must be staged between the hours of 9:00 a.m. and 12:00 midnight.
(3) The function must not be an ordinary event in the affairs of the applicant.
(4) A special permit for entertainment may be issued for no longer than three (3) consecutive days and is nonrenewable.
(5) If the function is to recur, it shall not recur more than four (4) times each calendar year.
(c) Special permits for non-entertainment. Special permits for non-entertainment special purposes may be issued under the following conditions:
(1) A. If the special purpose relates to the operation of a trade or business but is not in the ordinary course of that trade or business; or,
B. If the special purpose does not relate to the operation of a trade or business and is not an ordinary event in the affairs of the applicant; and
(2) If the special purpose is a recurring purpose but does not recur more often than four (4) times each calendar year; and,
(3) A. If the special purpose is absolutely necessary to the operation of the applicant's trade or business; or,
B. If the special purpose does not relate to the operation of the trade or business, that the special purpose be compatible with the ordinary activities of the neighborhood in which the special purpose is to occur, and,
(4) Except in emergency situations, as determined by the Mayor, the special permit may be issued only for four (4) hours between 7:00 a.m. and 11:00 p.m. on weekdays and 1:00 p.m. and 11:00 p.m. on weekend days.
(5) Special permits may be issued for no longer than fifteen (15) consecutive days' renewable by further application to the Mayor.
(d) Notwithstanding divisions (b) and (c) of this section, no special permit will be issued for a function to be conducted within a residential zone unless:
(1) The special permit is issued for a function sanctioned by the City, e.g., Oktoberfest, holiday parades, functions open to the public; or
(2) The special permit is issued when the express written permission by the occupants of all residential properties within five hundred (500) feet of the property line of the property upon which the function is to be conducted, and which written permission lists the date and times of the proposed function; or
(3) The special permit is issued for a function to take place in a City park and is approved by the City for limited duration, especially during evening hours. (Ord. 2008-70. Passed 11-18-08.)