§ 17-10. Construction of large or complex projects (transportation and non-transportation); exemption for time to comply.
(a)
Upon good cause shown by the owner of any noise source when a noise management plan has been approved by the city commission, the city manager shall have the power to grant a special permit, which provides an exemption from the provisions of section 17-7(4) of the Noise Control Ordinance in order to allow sufficient time for the installation of necessary materials, equipment, facilities, or modifications necessary for construction as certified by the Building Official. Provided however, the aforementioned special permit shall not be granted for a period of time to exceed thirty (30) days from the date said exemption is granted, but such exemption may be renewed for an additional fifteen-day period of time provided that the special permit remains in compliance.
(b)
Approval of the special permit shall be based upon cases of necessity or in the interest of public health, safety and convenience. In the issuance of such permit(s), the city manager shall weigh all facts and circumstances and shall determine whether the reasons given for the necessity are valid and reasonable, whether the public health, safety and convenience will be protected or better served by granting the permit requested, and whether the manner and amount of loss or inconvenience to the party in interest imposes a significant hardship upon such party.
(1)
The special permit shall not authorize construction sound between the hours of 11:00 p.m. and 6:00 a.m., unless specifically granted by the city manager.
(2)
Special permit(s) shall be for a specific period and shall include a start date and a finish date. Each specific period shall require a special permit.
(3)
A notice measuring at least 16" x 20" with two (2) inch letters must be posted in at least two (2) places on the perimeter of the construction site during the life of the permit describing the activity, purpose, hours and dates for the special permit.
(4)
Nothing in the special permit shall imply multiple periods or multiple construction sites or projects.
(5)
Appropriate Maintenance of Traffic (MOT) agreements must also be submitted or included with any special permit request.
(c)
The city manager may refer approval of a special permit to the city commission.
(Ord. No. C-18-18 , § 1, 8-21-18)