§ 42-83. Special permits.

Applications for a permit for relief from the maximum allowable noise level limits designated in this article may be made in writing to the city manager or his duly authorized representative. Any permit granted by the city manager hereunder must be in writing and shall contain all conditions upon which the permit shall be effective. The city manager, or his duly authorized representative, may grant the relief as applied for under the following conditions:

(1)

The city manager may prescribe any reasonable conditions or requirements as deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood, including use of mufflers, screens or other sound-attenuating devices.

(2)

Permits for entertainment. Permits may be granted for the purpose of entertainment under the following conditions:

a.

The function must be open to the public (admission may be charged).

b.

The function must take place on public property.

c.

The permit will be given for only eight hours in one 24-hour day.

d.

The function must be staged between the hours of 9:00 a.m. to 12:00 midnight.

(3)

Other. Special permits for nonentertainment special purposes may be issued under the following conditions:

a.

If the special purpose relates to the operation of a trade or business that the special purpose not be in the ordinary course of that trade or business.

b.

If the special purpose does not relate to the operation of a trade or business that the special purpose not be an ordinary event in the affairs of the applicant.

c.

If the special purpose be a recurring purpose that it not recur more often than four times each calendar year.

d.

That the special purpose be absolutely necessary to the operation of the applicant's trade or business.

e.

If the special purpose does not relate to the operation of the trade or business that the special purpose be compatible with the ordinary activities of the neighborhood in which the special purpose is to occur.

f.

Except in emergency situations, as determined by the city manager, the special permit may be issued for a period of only eight hours between 7:00 a.m. and 12:00 midnight.

g.

Special permits may be issued for no longer than 15 consecutive days, renewable by further application to the city manager.

(Ord. No. 2008-21, § 1, 8-19-08)