(1) Safety signals, warning devices and emergency pressure relief valves;
(2) That resulting from any emergency or natural disaster, including noise created by authorized private and public emergency and private or public utilities when restoring service;
(3) Activities of a temporary nature during periods permitted by ordinance, policy, or permit by the County Council, Planning and Zoning Administrator, or Chair of the Special Events Committee or their official designees, including sporting and recreational activities;
(4) Agricultural and gardening operations where i) all reasonable efforts have been made to mitigate impact on surrounding properties; ii) any equipment is used according to the manufacturer's specifications and is in good working order; and iii) such operations do not occur during the restricted hours;
(5) Construction, fabrication, and property maintenance activities where i) all reasonable efforts have been made to mitigate impact on surrounding properties; ii) all equipment is used according to the manufacturer’s specifications and is in good working order; iii) such activity does not occur during the restricted hours; and iv) such activity is not of unusual duration or occurrence;
(6) The unamplified human voice, except as limited by UCA § 76-9-102; and
(7) Snow removal.
(B) Exceptions.
(1) On or before July 31, 2021, the owner of any residential, commercial or industrial source of sound may apply to the Planning and Zoning Administrator (or designee) for an exception in order to provide time to comply with the maximum sound pressure levels set forth in Table 3 of § 94.005 above. The Planning and Zoning Administrator shall have the authority, consistent with this section, to grant an exception, not to exceed 365 days from the date of such application unless extended by the Planning and Zoning Administrator for good cause.
(2) Any person seeking an exception in time to comply shall file an application with the Planning and Zoning Administrator. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this chapter prior to the date requested in the application would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The applicant shall mail notice of the application for an exception in time to all neighbors within 100 feet of the source of the sound and shall file an affidavit of mailing with the Planning and Zoning Administrator. Any individual who claims to be adversely affected by allowance of the exception in time to comply may file a statement with the Planning and Zoning Administrator containing any information to support their claim. If the Planning and Zoning Administrator finds that a sufficient controversy exists regarding an application, a public hearing may be held.
(3) In determining whether to grant or deny the application, the Planning and Zoning Administrator shall balance the hardship to the applicant, the community, and other persons of not granting the exception in time to comply, against the adverse impact on health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions in time to comply and persons contesting exceptions may be required to submit any information the Planning and Zoning Administrator may reasonably require. In granting or denying an application, the Planning and Zoning Administrator shall place on public file a copy of the decision and the reasons for denying or granting the exception in time to comply including a statement that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification.
(4) The Planning and Zoning Administrator may grant or deny the application. If the application is granted, the Planning and Zoning Administrator may impose conditions, including a schedule for achieving compliance. Noncompliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this chapter for which the exception was granted.
(5) Appeals of an adverse decision of the Planning and Zoning Administrator shall be made to the Planning and Zoning. Review by the Planning and Zoning shall be limited to whether the decision is supported by substantial evidence.
(Ord. 2023-04, passed 12-5-2023)