A. Emergency Exception: The provisions of this chapter shall not apply to: 1) the emission of sound for the purpose of alerting persons to the existence of an emergency; or 2) the emission of sound in the performance of emergency work. (1991 Code § 18.24.010, as amended)
B. Special Variances:
1. The mayor shall have the authority, consistent with this section, to grant special variances which may be requested.
2. Any person seeking a special variance pursuant to this section shall file an application with the city manager. The application shall 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 city manager containing any information to support his claim. If the mayor 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 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. Applicants for special variances and persons contesting special variances may be required to submit any information the mayor may reasonably require. In granting or denying an application, the mayor shall place on public file a copy of the decision and the reasons for denying or granting the special variance.
4. Special variances which are allowed, 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 in writing 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.
5. Applications 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 subsection B2 of this section.
6. The city manager 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. (1991 Code § 18.24.020, as amended)
C. Appeals: Appeals of any decision of the mayor shall be made to the city council. Appeals shall be in writing and shall be filed at the city office not more than ten (10) working days after the decision by the mayor. The city council may affirm, modify and affirm or reverse the decision of the mayor. The mayor shall not attend the meeting, or portion thereof, of the city council during the time that an appeal is heard, deliberated and decided by the city council, except to present information regarding the basis for the decision, to provide any other information and documentation relating to the mayor's decision, and to answer questions the city council may have. An appeal of any decision of the city council shall be made to the district court for Cache County within thirty (30) calendar days after the decision is rendered. (1991 Code § 18.24.040, as amended)