Those commercial and industrial operations in existence prior to the date of adoption hereof, if in compliance with the city's zoning laws, may be granted a period from such date within which to comply with this chapter.
A. Such compliance period shall be based on the estimated cost to make the equipment comply, as follows:
1. If the cost is one thousand dollars ($1,000.00) or less, ninety (90) days;
2. If the cost is one thousand dollars ($1,000.00) to five thousand dollars ($5,000.00), one year;
3. If the cost is five thousand dollars ($5,000.00) to twenty thousand dollars ($20,000.00), two (2) years; or
4. If the cost is greater than twenty thousand dollars ($20,000.00) or more, three (3) years.
B. At the time of request for extended compliance periods in subsections A2 through A4 of this section, any person requesting such extension shall submit a plan for such compliance, including temporary mitigation of such noise levels to within five (5) dBA of the complying level. Such extended period and temporary mitigation shall not exceed one year beyond the initial compliance period. If the compliance period is granted, mitigation measures included in the plan must be completed within ninety (90) days from the date of approval of the compliance period.
C. If, at the end of the compliance period, it is shown that compliance with the provisions herein constitute a hardship in terms of technical and economical feasibility, additional applications for exception may be granted on an annual basis until such time as compliance may be effected, provided the temporary mitigation remains in place.
D. Requests for extended compliance periods or exceptions shall be submitted to the city's planning commission with the submittal of plans and other information as required by the community development director. Such applications shall be filed by the owner of the property affected thereby or the owner's authorized agent, with the community development director, on forms furnished by the director, which shall set forth fully the nature of the proposed use, and the facts sufficient to justify the granting of the compliance period in accordance with the provisions of this chapter.
E. The applicant shall furnish to the director an accurate list of the names and addresses of all property owners to whom notice must be given as provided in this chapter.
F. Each such application shall be accompanied by a filing and processing fee in the amount established by resolution of the city council. Any applicant may withdraw his application by filing a written request to do so at any time prior to final action thereon, provided that there shall be no refund of fees. (Ord. 2579 § 1, 2004)