A. Applications for a permit for relief from the noise level designated in this section may be made to the mayor or the mayor's designee.
B. Applications for a permit shall supply information including, but not limited to:
1. The nature and location of the noise source for which such application is made;
2. The reason for which the permit is requested, including the hardship that will result to the applicant, his/her client, or the public if the permit is not granted;
3. The level of noise that will occur during the period of the permit;
4. The ordinance provision for which the permit shall apply;
5. A description of interim noise control measures to be taken for the applicant to minimize noise and the impacts occurring therefrom; and
6. A specific schedule of the noise control measures that shall be taken to bring the source into compliance with this chapter within a reasonable time.
C. Any permit granted under this section shall contain all conditions upon which said permit has been granted and shall specify a reasonable time that the permit shall be effective, which shall be no longer than one year.
D. No permit shall be approved unless the applicant presents adequate proof that:
1. Compliance with this chapter would impose an undue hardship on the applicant without equal or greater benefits to the public and additional time is necessary for the applicant to alter or modify his activity or operation to comply with this chapter; or
2. The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that would comply with this section; and
3. No other reasonable alternative is available to the applicant; and
4. Noise levels occurring during the period of the permit will not constitute a danger to public health.
E. In making the permit determination, the mayor, or the mayor's designee, shall consider:
1. The character and degree of injury to, or interference with, the health and welfare or the reasonable use of property that is caused or threatened to be caused;
2. The social and economic value of the activity for which the permit is sought; and
3. The ability of the applicant to apply the best practical noise control measures.
F. The mayor, or the mayor's designee, in granting such a special permit, may prescribe any conditions or requirements he/she deems necessary to minimize adverse effects upon the community or the surrounding neighborhood.
G. The permit may be revoked by the mayor, or the mayor's designee, if there is:
1. Violation of one or more conditions of the permit;
2. Material misrepresentation of fact in the permit application; or
3. Material change in any of the circumstances relied on by the mayor, or the mayor's designee, in granting the permit. (Ord. 2022-09, 7-12-2022)