(A) Any person desiring relief from any provision of this subchapter shall apply for a permit to cause or create a noise which would otherwise be in violation of this subchapter.
(B) Applications for permits under this section must be made in writing to the Town Administrator and shall contain information which demonstrates that bringing a source of sound or activity for which the permit is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons.
(C) In determining whether to tentatively approve a permit or to grant or deny the application, the Noise Control Permit Board (the Mayor, the Chief of Police, the Town Administrator) shall balance the hardship to the applicant, the community and other persons of not granting the permit against the adverse impact on the health, safety, welfare and comfort of persons affected, the adverse impact on property affected, and other adverse impacts of granting the permit. Any decision made on appeal by the Mayor and Council shall be made on the same basis.
(D) (1) If the permit is tentatively approved, the applicant shall be responsible for mailing by first class mail or otherwise delivering to each property owner as shown on the tax records of the county owning property within a 1,000-foot radius of the facility for which the permit has been tentatively approved a notice on a form provided by the Town Administrator showing the time and date of the event for which the permit is being sought and any conditions included as part of the tentative approval. The notice shall indicate that if any persons wish to contest the granting of the permit, they can do so by filing a statement in writing with the Town Administrator on or before the fifth day following the date of the delivery of the notice. Permits shall not be actually granted until:
(a) The applicant submits an affidavit to the Town Administrator showing the dates that the notices have actually been mailed or otherwise delivered; and
(b) The time period for receiving comments has elapsed.
(2) If the Noise Control Permit Board finds that a sufficient controversy exists regarding the application, the Noise Control Board shall deny the permit. In granting or denying a permit, the Noise Control Permit Board shall place on public file a copy of the decision and the reasons for granting or denying the permit.
(E) Any applicant for a permit whose application is denied is entitled to appeal to the Mayor and Council. Any five persons alleging to be affected by a granted permit are entitled to appeal the granting of a permit. An appeal voids the permit the granting of which is appealed, but the permit may be reissued if the opponents do not give the notices of public hearing as required by this section. Appeals must be made in writing to the Town Administrator within 72 hours of the granting or denial of the special permit. A public hearing shall be held within 15 days of the date of the appeal. If the applicant appeals, he or she shall be required to mail or otherwise deliver to each property owner as shown on the tax records of the county owning property within a 1,000-foot radius of the facility for which the permit is sought a notice of the hearing prepared by the Town Administrator. The notices must be mailed by first class mail or delivered at least seven days prior to the hearing. If other persons appeal the granting of a permit, they must mail or deliver notices to all property owners within the 1,000-foot radius as specified above and to the applicant. Within five days following the public hearing, the Mayor and Council shall grant or deny the permit and place on public file a copy of the decision and the reasons for granting or denying the permit.
(F) Any permit granted pursuant to this section shall contain thereon all conditions upon which the permit has been granted, including but not limited to the effective date, time of day, location, sound level limits and equipment limitations; provided, however, that no permit shall be issued for a period in excess of 15 consecutive days. Any permit granted under this section may be renewed upon replication. Noncompliance with any condition of the permit shall terminate it and subject the permit holder to § 91.99.
(1995 Code, § 22-80)