(A) Applications for a permit for a waiver from the prohibitions designated in § 94.11 on the basis of undue hardship and/or practical difficulty may be made to the City Manager. A letter of request containing the basis for the request must accompany each application. The relief requested may be granted upon a good and sufficient finding by the City Manager that the specific circumstances set forth in the waiver request satisfy the conditions set forth in § 94.11(G)(1) and (2).
(B) If granted, the permit shall be in writing and contain all conditions upon which such permit is granted, including, but not limited to, the effective dates, any time-of-day, location, sound-pressure-level, or equipment limitations. The City Manager may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding area.
(C) In the event the City Manager denies an application for a permit for waiver from the noise restrictions designated in this subchapter, or grants relief under conditions the applicant finds unacceptable, the affected party may appeal the decision to the City Council by filing a written letter with the City Manager within ten calendar days after receiving notice of the City Manager's decision. The appeal letter must specifically state each and every point of contention with the City Manager's determination the City Manager shall immediately cause the appeal to be placed on the next regular meeting agenda of the City Council for discussion and action. When considering an appeal of the City Manager's determination, the City Council shall consider the intent contained in this section, the City Manager's reasons for denying a permit or applying conditions, the applicant's points raised in the letter of appeal, and relevant surrounding facts.
(Ord. 03-06, passed 1-30-06)