Chapter 13A NOISE
13A-7 Exceptions--Noise permits.
Where the applicant can show that notwithstanding the
application of all available noise-abatement techniques, immediate compliance
with the requirements of this chapter would be impractical or unreasonable, a
conditional and/or limited noise permit may be granted an applicant, excepting
the particular project or activity from the provisions of this chapter for a
limited period, not to exceed six months, subject to renewal upon a further
showing of good cause conditioned by a schedule for compliance and details of
methods therefor in appropriate cases. Applications for such permits shall be
made to the department assigned by the city administrator to process such
permits upon a form provided therefor. Such application shall be processed in
the following manner:
(a) The city administrator or the assigned department is
empowered to deny any such application.
(b) The city administrator or the assigned department is
empowered to approve an application subject to such conditions or limitations he
or it deems advisable, taking into consideration the purpose and intent of this
chapter, which approval he or it shall submit to the city council at its next
meeting. If the city council does not reject the conditional approval by the
city administrator or the assigned department, then following the council
meeting the city administrator or the assigned department will issue to the
applicant the proposed noise permit.
(c) This section shall apply to public agencies, including
the city, provided that in the case of public agencies, the city administrator
or the assigned department shall have power and authority to issue a noise
permit, conditional or limited, to a public agency upon good cause being shown
therefor, forthwith, where the proposed activity involves public health, safety,
welfare and benefit, without reference to the city council. (Ord. No. 1380,
§ 7.)