A. The provisions of this chapter shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.
B. The mayor, or the mayor's designee(s), shall have the authority, consistent with this section, to grant special variances:
1. Any person seeking a special variance pursuant to this section shall file an application with the mayor. The application shall contain information determined by the mayor. The application shall also contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Any individual who claims to be adversely affected by allowance of the special variance may file a statement with the mayor containing information to support the claim. If the mayor finds that a sufficient controversy exists regarding such application, a public hearing may be held with the city council.
2. In determining whether to grant or deny the application, the mayor shall balance the hardship to the applicant, the community, and other persons of not granting the special variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the special variance. The police department shall review the application to determine whether granting such special variance creates an adverse impact on public safety. Applicants for special variances and persons contesting special variances may be required to submit any information the city council may reasonably require.
3. Special variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special variance 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 special variance was granted.
4. Application for extension of time limits specified in special variances or for modification of other substantial conditions shall be treated like applications for initial special variances under this subsection B.
5. The mayor may issue guidelines defining the procedures to be followed in applying for a special variance and the criteria to be considered in deciding whether to grant a special variance.
C. A person may appeal a decision of the mayor to deny an application by filing a written appeal to the office of the city clerk within fourteen (14) days of the date of the decision. An administrative fee of fifty dollars ($50.00) shall be paid at the time the appeal is filed. Failure to file the appeal and pay the administrative fee shall constitute a waiver of the right to a hearing, and the decision shall thereupon become final. If the written appeal and administrative fee are filed in conformance with this section, a hearing shall be scheduled. the city clerk shall cause a notice to be sent by ordinary mail to the applicant or licensee at the address noted in the application. Said notice shall state that a hearing has been set before the city council not less than thirty (30) days from the date of the notice. The notice shall include the reason and grounds for the hearing, the date and time of the hearing, and the place where the hearing will be conducted.
D. The provisions of this chapter shall not apply to:
1. The unamplified human voice;
2. Interstate railway locomotives and cars;
3. All agricultural activities; and
4. Airports and aircraft. (Ord. 3094, 8-4-1980; amd. Ord. 5692, 4-3-2023)