In cases in which a conditional use permit is not required, the Planning Director is authorized to grant an exemption from any provisions of this chapter providing the following:
(A) Any person planning the use of a sound-producing device that may violate any provisions of this chapter may apply for an exemption from such provisions.
(B) Application and fees. The application shall be submitted at least 60-days before the event will occur and shall include the following:
(1) The name, address and telephone number of the person requesting the exemption and the signature of an authorized representative;
(2) A processing fee in an amount to be established by the Board of Supervisors;
(3) The provision of this chapter from which an exemption is sought;
(4) The period of time for which the exemption is to apply;
(5) The nature of the noise, the reason the noise will be created, the location where the noise will be created, and the duration and time of the noise; and
(6) The extent and scope of measures that the applicant has taken or will take to reduce or diminish the disturbance.
(7) Information which demonstrates that bringing the source of sound or activity for which the exemption is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons.
(C) Public notice. The Planning Director will ensure that a notice is mailed to the owners of all property within 300 feet on the property affected by the application at their last-known addresses as are shown in the most recent records of the County Assessor. The notice must be mailed at least 15 days prior to date the Planning Director will decide upon the exemption. A similar notice must be mailed to the applicant. Any person who claims to be adversely affected by allowance of the exemption may file a statement with the Planning Director containing any information to support his/her claim. If the Planning Director finds that a sufficient controversy exists regarding an application, a public hearing may be held.
(D) Conditions. In approving an exemption permit, the Planning Director may include the conditions that are reasonable and necessary under the circumstances to protect the public health, safety and welfare from adverse effects caused by the noise emanating there from and may limit the term of the permit.
(E) Findings and decision. The Planning Director, on the basis of the evidence submitted in the application, may grant an exemption permit with any conditions deemed necessary and reasonable. The Planning Director in determining whether to grant or deny the exemption shall balance the hardship to the applicant, the community, and other persons of not granting the exemption against the adverse impact on the health and welfare of persons affected, the adverse impact on the property affected, and/or any other adverse impacts of granting the exemption. Applicants for an exemption and persons contesting an exemption may be required to submit any information that the Planning Director may reasonably require.
(F) In granting or denying an application, the Planning Director shall place on public file a copy of the decision and the reasons for denying or granting the exemption.
(G) Notice of approval. Upon the grant of an application for an exemption permit, the Planning Director will prepare and deliver to the applicant a formal statement that states the facts and conditions of the grant. No decision is final regarding an application for an exemption permit until the appeal deadline has elapsed. The approval notice shall contain all necessary conditions, including a time limit on the permitted activity if applicable. An exemption shall not be effective until all conditions are agreed to by the applicant. Non-compliance with any condition of the exemption shall terminate it and subject the person holding it to those provisions of this chapter regulating the source of sound or activity for which the exemption was granted.
(H) Appeals to Board of Supervisors. Any person dissatisfied with the decision of the Planning Director may file an appeal with the Planning Commission within five calendar days after the decision. The Director will transmit to the Planning Commission all maps, records, papers and files that constitute the record in the action from which the appeal was taken. At the time of the filing of the appeal, the appellant must pay a filing fee in an amount established by the Board of Supervisors.
(I) The Planning Commission shall, within 30 days of the filing of the appeal, set the time and place for the appeal to be heard by the Planning Commission and shall ensure that notice of the hearing is given at least ten days before the date of the hearing.
(J) The Planning Commission shall hear the matter de novo and may approve, disapprove or conditionally approve the application. The decision of the Planning Commission may be appealed to the Board of Supervisors by written notice filed in duplicate with the County Clerk within ten days from the date of the decision. The Board of Supervisors shall hear the matter de novo. In determining whether to grant or deny the exception, the Planning Commission and/or the Board of Supervisors shall balance the hardship to the applicant, the community, and other persons of not granting the exemption against the adverse impact on the health and welfare of persons affected, the adverse impact on the property affected, and or any other adverse impacts of granting the exemption.
(K) Application for extension of time limits specified in an exception or for a modification of other substantial conditions shall be treated like an application for an exception.
(Ord. 872, § 2 (part), 2011)