532.10 WAIVER.
   (a)   The Noise Control Administrator shall have the authority, consistent with this section, to grant a waiver. The waiver provided for in this section shall not apply to the restricted uses and activities contained in Section 532.09(f) and (g).
   (b)   Any person seeking a waiver pursuant to this section shall file an application with the Municipal Clerk on forms provided by the Noise Control Administrator. The application shall contain information, which demonstrated that bringing the source of sound, or activity for which the waiver is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Notice of an application for a waiver shall be given by the Municipal Clerk by publication in a newspaper of general circulation in the Village. The Noise Administrator shall not approve an application less than 10 days after the public notice is published. Each application shall be accompanied by a fee as set forth by the Village Council to cover expenses resulting from the publication and administration of the waiver application. Any person who claims to be adversely affected by allowance of the waiver may file a statement with the Noise Control Administrator containing any information to support his/her claim.
   (c)   In determining whether to grant or deny the application, the Noise Control Administrator shall balance the hardship to the applicant, the community, and other persons of not granting the waiver against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the waiver. Applicants for waiver and persons contesting waiver may be required to submit any information the Noise Administrator may reasonably require. In granting or denying an application, the Noise Administrator shall place for public view in the Municipal Clerk’s Office a copy of the decision and the reasons for denying or granting the wavier.
   (d)   A wavier shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the activity. Any regulations of time, place and manner shall be independent of the content of the speech. The waiver shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any conditions of the waiver shall terminate it and subject the person holding it to those provisions of this chapter regulating the source of the sound or activity for which the waiver was granted.
   (e)   Application for extension of time limits specified in the waiver or for modifications of other substantial conditions shall be treated like an application for an initial waiver.
   (f)   The Noise Administrator may issue guidelines approved by resolution of Village Council defining the procedures to be followed in applying for a waiver and the criteria to be considered in deciding whether to grant a waiver.
   (g)   The decision of the Noise Administrator may be appealed by the person denied the waiver or by any person claiming to be adversely affected by allowance of the waiver. Such appeal shall be made to the Planning Commission, with a subsequent appeal to Council.
(Ord. 07-01. Passed 2-12-07.)