(A) Waivers from the noise control requirements of this chapter may be authorized by a conditional use permit granted in accordance with the provisions of §§ 155.710 through 155.724 for a period not to exceed two years subject to reasonable terms, conditions, and requirements. A waiver may be granted only if the Planning Commission makes the findings that:
(1) Additional time is necessary for the applicant to alter or modify his activity, operation or noise source to comply with this chapter; or
(2) The activity, operation or noise source cannot feasibly be carried on in a manner that would comply with the provisions of this chapter and no other reasonable alternative is available to the applicant.
(B) In granting a waiver, the Planning Commission may prescribe any conditions or requirements it deems necessary to minimize adverse effects upon the community or the surrounding neighborhood.
(C) In granting waivers, the Planning Commission shall consider the magnitude of adverse effect caused by the offensive noise, the uses of property within the area affected by the noise, operations carried on under existing regulations and codes, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of the equipment, the general public interest, health and welfare, the feasibility of plans submitted for corrections, and the effect on the community if the waiver is denied.
('64 Code, § 52.38) (Am. Ord. 712, passed 6-11-87)