(A) The City Planner or the Police Chief shall have the authority, consistent with this section, to grant a special permit.
(B) Any person seeking a special permit pursuant to this section shall file a written request with the City Planner or the Police Chief, or a designated representative of either the City Planner or Police Chief, no less than ninety (90) calendar days prior to the date on which the special permit is sought to be effective. The written request shall contain information which demonstrates that bringing the source of sound or activity for which the special permit is sought into compliance with this section would constitute an unreasonable hardship on the applicant, on the community or on other persons.
(C) In determining whether to grant or deny the request for special permit, the City Planner or the Police Chief, or a designated representative of either the City Planner or Police Chief, shall balance the hardship to the applicant, the community, and other persons of not granting the special permit against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected and any other adverse impact of granting the special variance. Applicants for special permits may be required to submit any information to the City Planner or the Police Chief, or a designated representative of either the City Planner or Police Chief, may require. In granting or denying the special permit, the City Planner or the Police Chief, or a designated representative of either the City Planner or Police Chief, shall place on public file a copy of the decision and reasons for denying or granting his special permit.
(D) The City Planner or the Police Chief, or a designated representative of either the City Planner or Police Chief, shall act upon the request for a special permit within fourteen (14) days after the filing thereof. If the City Planner or the Police Chief, or a designated representative of either the City Planner or Police Chief, rejects the request for a special permit, he or she shall deliver to the applicant a notice of his or her action, stating his or her reasons for his or her denial of the request for a special permit.
(E) Special permits shall be granted by notice to the applicant containing all necessary conditions including a time limit on the permitted activity. The special permit shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any conditions of the special permit shall terminate it and subject the person holding it to the penalties set forth herein.
(F) The City Planner or the Police Chief, or a designated representative of either the City Planner or Police Chief, may issue guidelines defining the procedures to be followed in applying for a special permit and the criteria to be considered in deciding whether to grant a special permit.
(G) In the event any person’s request for a special permit has been denied by the City Planner or the Police Chief, or a designated representative of either the City Planner or Police Chief, such aggrieved person shall have the right to appeal the denial decision to the Mayor. Such appeal shall be made within a period of ten (10) days following issuance of the rejection of the request. To perfect the appeal, the aggrieved person shall provide written notice of the appeal to the City Clerk within the aforesaid ten (10) day period. The Mayor shall conduct a hearing on such appeal within thirty (30) days following receipt of the notice of appeal.
(Ord. 16:2022, passed 11-7-22)