8.20.080 Exceptions and variances.
A. The following sounds are exempted from provisions of this chapter:
1. Sounds caused by the performance of emergency work;
2. Aircraft;
3. Sounds, not electrically amplified, created by athletic and entertainment events;
4. Sounds made by warning devices operating continuously for three minutes or less;
5. Construction activities during the day time period; and
6. Church bells.
B. Variances. Any person who owns, controls, or operates any sound source which violates any of the provisions of this chapter may apply to the council for a variance from such provisions. Any person who is planning a noise source which is expected to violate any provision of this chapter may apply to the council for a variance from such provision.
1. Application. The application shall state the provision from which a variance is being sought, the period of time the variance is to apply, the reason for which the variance is sought, and any other supporting information which the council may reasonably require.
2. Review Considerations. The council shall consider:
a. The physical nature of the sound emitted.
b. Whether the public health and safety is endangered.
c. If reasonable compensation is to be made to the affected persons.
d. Whether compliance with the provision would produce no benefit to the public.
3. Time Duration of Variance. A variance may be granted for a specific time interval only.
C. Public Notification and Public Hearing.
1. Public notice must be given in the manner provided for by city ordinance of all applications for variance.
2. A public hearing must be held before the granting of a variance if such hearing is requested by any affected party. [Ord. 14 § 8, 1976.]