(A) (1) Any person desiring relief from any provision of this subchapter shall apply for a permit to cause or create noise which would otherwise be in violation of this subchapter.
(2) Applications for permits must be made in writing to the County Manager’s office and shall contain information which demonstrates that bringing a source of sound or activity for which the permit is sought into compliance with this subchapter would constitute an unreasonable hardship on the applicant, or on the community, or on other persons. The fee for filing a permit shall be $25.
(B) In determining whether to tentatively approve a permit or to grant or deny an application, the Noise Control Permit Board (the County Manager, the County Sheriff, or his or her designee; and the Director of the County Health Department, or his or her designee) shall balance the hardship to the applicant, the community, and other persons of not granting the permit against the adverse impact on the health, safety, welfare, and comfort of persons affected, the adverse impact on property affected, and other adverse impacts of granting the permit. Any decision made on appeal by the County Board of Commissioners shall be made on the same basis.
(C) If the permit is tentatively approved, the applicant shall be responsible for mailing by first class mail or otherwise delivering to each property owner, as shown on the tax records of the county owning property within a 1,000-foot radius of the facility for which the permit has been tentatively approved, a notice on a form provided by the County Manager’s office showing the time and date of the event for which the permit is being sought and any condition included as part of the tentative approval. The notice shall indicate that if any person(s) wish to contest the granting of the permit, they can do so by filing a statement in writing with the County Manager’s office on or before the fifth day following the date of delivery of the notice. Permits shall not be actually granted until the applicant submits an affidavit to the County Manager’s office showing the dates such notices have actually been mailed or otherwise delivered, and the time period for receiving comments has elapsed. If the Noise Control Permit Board finds that a sufficient controversy exists regarding the application, the Noise Control Permit Board shall deny the permit. In granting or denying a permit, the Noise Control Permit Board shall place on public file a copy of the decision and the reasons for granting or denying the permit.
(D) Any applicant for a permit whose application is denied is entitled to appeal to the County Board of Commissioners. Any five persons alleging to be affected by a granted permit are entitled to appeal the granting of a permit. An appeal voids the permit the granting of which is appealed; but such permit may be reissued if the opponents do not give notice of public hearing as required by this section. Appeals must be made in writing to the County Manager within 72 hours of the granting or denial of the special permit. A public hearing shall be held within 15 days of the date of the appeal. If the applicant appeals, he or she shall be required to mail or otherwise deliver to each property owner, as shown on the tax records of the county owning property within a 1,000-foot radius of the facility for which the permit is sought, a notice of the hearing prepared by the County Manager. Such notices must be mailed by first-class mail or delivered at least seven days prior to the hearing. If other persons appeal the granting of a permit, they must mail or deliver notices to all property owners within the 1,000-foot radius as specified above and to the applicant. Within five days following the public hearing, the County Board of Commissioners shall grant or deny the permit and place on public file a copy of the decision and the reasons for granting or denying the permit.
(E) Any permit granted pursuant to this section shall contain thereon all conditions upon which said permit has been granted, including, but not limited to, the effective date, time of day, location, sound level limits, and equipment limitations; provided, however, that no permit shall be issued for a period in excess of 15 consecutive days. Any permit granted hereunder may be renewed upon re-application. Noncompliance with any condition of the permit shall terminate it and subject the permit holder to § 91.06.
(Ord. passed 1-3-2011)