A.

Purpose.

The purpose of this Chapter is to reduce unnecessary, excessive and annoying noise and vibration within the Town. The Town Council finds that this Chapter is necessary to prohibit such noise and vibration generated from or by all sources as specified in this Chapter. Further, the Town Council finds that this Chapter is necessary to maintain quiet in those areas which exhibit low noise levels and to implement programs aimed at reducing noise in those areas within the Town where noise levels are above acceptable values.

The Town Council also finds that certain noise levels and vibrations are detrimental to the public health, safety and welfare, and are contrary to the public interest. Therefore, the Town Council does ordain and declare that creating, maintaining, causing or allowing to be created, caused or maintained, any noise or vibration in a manner prohibited by or not in conformity with the provisions of this Chapter, shall be an infraction or misdemeanor and shall be punishable as such.

A.

Definitions. All terminology used in this ordinance, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.

The following words, phrases and terms as used in this Chapter shall have the meaning as indicated below:

1.

A Weighted Sound Level. The sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dBA.

2.

Agricultural Property. A parcel of real property of not less than ten (10) contiguous acres in size, which is undeveloped for any use other than agricultural purposes.

3.

Ambient Noise Level. The composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal of existing level of environmental noise at a given location.

4.

Commercial Area. Property which is zoned for commercial purposes, including, but not limited to, retail and wholesale businesses, personal services, and professional offices.

5.

Construction. Any site preparation, assembly, erection, substantial repair, alteration, or similar action, for or of public or private rights-of-way, structures, utilities or similar property.

6.

Cumulative Period. An additive period of time composed of individual time segments which may be continuous or interrupted.

7.

Decibel. A unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the ratio of the sound measured to the reference pressure, which is 20 micropascals.

8.

Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or private rights-of-way surfaces, or similar property.

9.

Emergency Work. Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

10.

Fixed Noise Source. A stationary device which creates sounds while fixed or motionless, including, but not limited to, residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration units.

11.

Gross Vehicle Weight Rating (GVWR). The value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable the gross combination weight rating, which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.

12.

Impulsive Sound. Sound of short duration, usually less than one (1) second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.

13.

Industrial Area. Property which is zoned for manufacturing and related uses.

14.

Intrusive Noise. That noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, tonal or informational content, as well as the prevailing ambient noise level.

15.

Licensed. The possession of a formal license or a permit issued by the appropriate licensing or permitting agency; or, where no licenses or permits are issued, the sanctioning of the activity by such agency as noted in public record.

16.

Mobile Noise Source. Any noise source other than a fixed source.

17.

Motor Vehicle. Motor vehicle shall include any and all self-propelled vehicles as defined in the California Motor Vehicle Code, including all on-highway type motor vehicles subject to registration under said Code, and all off-highway type motor vehicles subject to identification under said Code.

18.

Motorboat. Any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States government or any Federal agency successor thereto (Section 651(d), Harbors and Navigation Code).

19.

Muffler or Sound Dissipating Device. A device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise.

20.

Noise Control Officer (NCO). Person or persons designated by the Director of Community Development as responsible for the enforcement of this Chapter.

21.

Noise Disturbance. Any sound which, as judged by the NCO, (a) endangers or injures the safety or health of human beings or animals, or (b) annoys or disturbs reasonable persons of normal sensitivities, or (c) endangers or injures personal or real property, or (d) violates the factors set forth in Section 9.73.040 of this Chapter. Compliance with the quantitative standards as listed herein shall constitute elimination of a noise disturbance.

22.

Noise Sensitive Zone. Any area designated in accordance with Section 9.73.060 of this Chapter for the purpose of ensuring exceptional quiet.

23.

Noise Zone. Any defined areas or regions of a generally consistent land use wherein the ambient noise levels are within a range of five (5) dBA.

24.

Person. Any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of a State or any political subdivision of a State.

25.

Powered Model Vehicle. Any self-propelled, airborne, waterborne, or landborne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any model airplane, boat, car, or rocket.

26.

Public Right-of-Way. Any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.

27.

Public Space. Any real property, or structures thereon, which are owned or controlled by a governmental entity.

28.

Pure Tone. Any sound which can be judged as audible as a single pitch or a set of single pitches by the Noise Control Officer. For the purposes of this Chapter, a pure tone shall exist if the one-third (1/3) octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one-third (1/3) octave bands by five (5) dBA for center frequencies of 500 Hz and above, and by eight (8) dBA for center frequencies between 160 and 400 Hz, and by fifteen (15) dBA for center frequencies less than or equal to 125 Hz.

29.

Real Property Boundary. An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.

30.

Residential Area. Property which is zoned for residential uses.

31.

Sound Amplifying Equipment. Any device for the amplification of the human voice, music, or any other sound, excluding standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed, warning devices on authorized emergency vehicles, or horns or other warning devices on any vehicle used only for traffic safety purposes.

32.

Sound Level Meter. An instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels. Such instrument shall meet or exceed the pertinent requirements for type S2A meters contained in the American National Standards Institute specifications for sound level meters, S1.4-1971, or the most recent revision thereof.

33.

Sound Truck. Any motor vehicle or any other vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment.

34.

Vibration Perception Threshold. The minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of 0.01 in/sec over the range of 1 to 100 Hz.

35.

Weekday. Any day, Monday through Friday, which is not a legal holiday.

A.

Authority and Duties of the Noise Control Officer (NCO)

1.

Lead Agency. The Director shall designate a Noise Control Officer (NCO) who shall be responsible for administering the noise control program established by this Chapter.

2.

Powers. In order to implement and enforce this Chapter and for the general purpose of noise abatement and control, NCO shall have, in addition to any other vested authority, the power to:

a.

Conduct, or cause to be conducted, studies, research, and monitoring related to noise, including joint cooperative investigation with public or private agencies, and the application for, and acceptance of, grants;

b.

Review all public and private projects which are likely to cause noise in violation of this ordinance and which are subject to mandatory review or approval by other departments.

1)

Review for compliance with the intent and provisions of this ordinance.

2)

Require sound analyses which identify existing and projected noise sources and associated noise levels.

3)

Require the usage of adequate mitigation measures to avoid violation of any provision of this ordinance.

c.

Upon presentation of proper credentials, enter and/or inspect any private property, place, report, or records at any time when granted permission by the owner or by some other person with authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon a showing of probable cause to believe that a violation of this ordinance may exist. Such inspection may include the administration of any necessary tests.

d.

Prepare recommendations, based upon noise survey data and analytical studies, to be approved by the Town Council, for the designation of zones of similar ambient environmental noise within regions of generally consistent land use. These zones shall be identified in terms of their day and nighttime ambient noise levels and their land use classifications as given in Table 9.73.050-A.

A.

General Noise Regulations. Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet enjoyment of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

The factors which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:

1.

The sound level of the objectionable noise;

2.

The sound level of the ambient noise;

3.

The proximity of the noise to residential sleeping facilities;

4.

The nature and zoning of the area within which the noise emanates;

5.

The number of persons affected by the noise source;

6.

The time of day or night the noise occurs;

7.

The duration of the noise and its tonal, informational or musical content;

8.

Whether the noise is continuous, recurrent, or intermittent;

9.

Whether the noise is produced by a commercial or noncommercial activity.

B.

Noise Measurement Procedure

1.

Receipt of Complaint. Upon receipt of a complaint from a citizen, the NCO shall, equipped with the appropriate sound level measurement equipment, investigate the complaint. The investigation shall consist of a measurement of the offending noise and the gathering of data to adequately define the noise problem and shall include the following:

a.

Type of noise source;

b.

Location of noise source relative to complainant's property;

c.

Time period during which noise source is considered by complainant to be intrusive;

d.

Total duration of noise produced by noise source;

e.

Date and time of noise measurement survey.

2.

Noise Measurement Procedure

a.

Utilizing the "A" weighting scale of the sound level meter and the "slow" meter response (use "fast" response for impulsive type sounds), the noise level shall be measured at a position or positions at any point on the receiver's property.

b.

In general, the microphone shall be located four to five feet above the ground; ten feet or more from the nearest reflective surface where possible. However, in those cases where another elevation is deemed appropriate, the latter shall be utilized. If the noise complaint is related to interior noise levels, interior noise measurements shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling, or floor nearest the noise source, with windows in the normal seasonal configuration. Calibration of the measurement equipment, utilizing an acoustic calibration, shall be performed immediately prior to recording any noise data.

A.

External Noise Standards

1.

Maximum Permissible Sound Levels by Receiving Land Use

a.

The noise standards for the various categories of land use identified by the Noise Control Officer as presented in Table 9.73.050-A shall, unless otherwise specifically indicated, apply to all such property within a designated zone.

b.

No person shall produce or cause to be produced any sound at any location within the incorporated Town or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, either incorporated or unincorporated, to exceed:

1)

The noise standard for that land use as specified in Table 9.73.050-A for a cumulative period of more than thirty (30) minutes in any hour; or

2)

The noise standard plus five (5) dBA for a cumulative period of more than fifteen (15) minutes in any hour; or

3)

The noise standard plus ten (10) dBA for a cumulative period of more than five (5) minutes in any hour; or

4)

The noise standard plus fifteen (15) dBA for a cumulative period of more than one (1) minute in any hour; or

5)

The noise standard plus twenty (20) dBA or the maximum measured ambient level, for any period of time.

c.

If the measured ambient level differs from that permissible within any of the first four noise limit categories above, the allowable noise exposure standard shall be adjusted in five (5) dBA increments in each category as appropriate to encompass or reflect said ambient noise level.

In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level.

d.

If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus five (5) dBA shall apply.

e.

If possible, the ambient noise shall be measured at the same location along the property line utilized in paragraph 9.73.050.A.1.b of this Chapter with the alleged offending noise source inoperative. If, for any reason, the alleged offending noise source cannot be shut down, the ambient noise must be estimated by performing a measurement in the same general area of the source but at a sufficient distance such that the noise from the source is at least ten (10) dBA below the ambient in order that only the ambient level be measured. If the difference between the ambient and the noise source is five (5) to ten (10) dBA, then the level of the ambient itself can be reasonably determined by subtracting a one decibel correction to account for the contribution of the source.

2.

Correction for Character of Sound. In the event the alleged offensive noise, as judged by the NCO, contains a steady, audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 9.73.050-A shall be reduced by five (5) dBA.

Table 9.73.050-A Exterior Noise Limits

B.

Interior Noise Standards

1.

Maximum Permissible Dwelling Interior Sound Levels

a.

The interior noise standards for multi-family residential dwellings as presented in Table 9.73.050-B shall apply, unless otherwise specifically indicated, within all such dwellings with windows in their normal seasonal configuration.

Table 9.73.050-B Interior Noise Limits

b.

No person shall operate or cause to be operated within a dwelling unit any source of sound or allow the creation of any noise which causes the noise level, when measured inside a neighboring receiving dwelling unit, to exceed:

1)

The noise standard as specified in Table 9.73.050-B for a cumulative period of more than five (5) minutes in any hour; or

2)

The noise standard plus five (5) dBA for a cumulative period of more than one (1) minute in any hour; or

3)

The noise standard plus ten (10) dBA or the maximum measured ambient, for any period of time.

c.

If the measured ambient level differs from that permissible within any of the noise limit categories above, the allowable noise exposure standard shall be adjusted in five (5) dBA increments in each category as appropriate to reflect said ambient noise level.

2.

Correction for Character of Sound. In the event the alleged offensive noise, as judged by the NCO, contains a steady, audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 9.73.050-B shall be reduced by five (5) dBA.

No person shall unnecessarily make, continue, or cause to be made or continued, any noise disturbance. The following acts, and the causing or permitting thereof, are declared to be in violation of this ordinance:

A.

Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, or similar device which produces or reproduces sound:

1.

Between the hours of 10 p.m. and 7 a.m. in such a manner as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 9.73.050.A.1., except for cases in which an exception has been issued by the Town.

2.

In such a manner as to exceed the levels set forth for public space in Table 9.73.050-A, measured at a distance of at least fifty (50) feet from such device operating on a public right-of-way or public space.

B.

Using or operating for any purpose any loudspeaker, loudspeaker system, or similar device between the hours of 10 p.m. and 7 a.m., such that the sound therefrom creates a noise disturbance across a residential real property line, or at any time violates the provisions of Section 9.73.050.A.1., except for any noncommercial public speaking, public assembly or other activity for which an exception has been issued by the Town.

C.

Offering for sale, selling anything, or advertising by shouting or outcry within any residential or commercial area or noise sensitive zone of the Town except by variance issued by the Town. The provisions of this Section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, or other similar licensed public entertainment events.

D.

Owning, possessing or harboring any animal or bird which frequently or for long duration, howls, barks, meows, squawks, or makes other sounds which create a noise disturbance across a residential or commercial real property line or within a noise sensitive zone. This provision shall not apply to public zoos.

E.

Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10 p.m. and 7 a.m. in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate the provisions of 9.73.050.A.1.

F.

Construction/Demolition

1.

Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of 7 p.m. and 7 a.m., or at any time on weekends or holidays, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line, except for emergency work of public service utilities or by variance issued by the Town.

2.

Noise Restrictions at Affected Properties. Where technically and economically feasible, construction activities shall be conducted in such a manner that the maximum noise levels at affected properties will not exceed those listed in the following schedule:

Table 9.73.060-A Maximum Noise Levels

3.

All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with suitable exhaust and air intake silencers in proper working order.

G.

Vibration. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at one hundred fifty (150) feet (46 meters) from the source if on a public space or public right-of-way.

H.

Powered Model Vehicles. Operating or permitting the operation of powered model vehicles:

1.

Between the hours of 7 p.m. and 7 a.m. so as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of paragraph 9.73.050.A.1.

2.

In such a manner as to exceed the levels set forth for public space land use in Table 9.73.050-A, measured at a distance not less than 100 feet from any point on the path of a vehicle operating on public space or public right-of-way.

I.

Stationary Nonemergency Signaling Devices

1.

Sounding or permitting the sounding of any electronically-amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place for more than 10 seconds in any hourly period. Houses of religious worship shall be exempt from this provision.

2.

Sound sources covered by this provision and not exempted under subsection 1 above may be exempted by an exception issued by the Town.

J.

Emergency Signaling Devices

1.

The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing. as provided in subsection 2 below.

2.

Testing

a.

Testing of a stationary emergency signaling device shall not occur before 7 a.m. or after 7 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds.

b.

Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 7 a.m. or after 10 p.m. The time limit specified in subsection b.(1) above shall not apply to such complete system testing.

3.

Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within 15 minutes of activation.

K.

Noise Sensitive Zones

1.

Creating or causing the creation of any sound within any noise sensitive zone, so as to exceed the specified land use noise standards set forth in Section 9.73.050.A.1., provided that conspicuous signs are displayed indicating the zone; or

2.

Creating or causing the creation of any sound within or adjacent to any noise sensitive zone containing a hospital, nursing home, school, court or other designated area, so as to interfere with the functions of such activity or annoy the occupants in the activity, provided that conspicuous signs are displayed indicating the presence of the zone.

L.

Domestic Power Tools, Machinery

1.

Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between 10 p.m. and 7 a.m., so as to create a noise disturbance across a residential or commercial real property line.

2.

Any motor, machinery, pump, such as swimming pool equipment, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance in accordance with Section 9.73.050.

M.

Residential Air-Conditioning or Air-Handling Equipment. Operating or permitting the operation of any air-conditioning or air-handling equipment in such a manner as to exceed any of the following sound levels:

Table 9.73.060-B Air Conditioning/Air Handling Equipment

N.

Places of Public Entertainment. Operating or permitting the operation or playing of any loudspeaker, musical instrument, motorized racing vehicle, or other source of sound in any place of public entertainment that exceeds 95 dBA as read on the "slow" response of a sound level meter at any point normally occupied by a customer, without a conspicuous and legible sign stating: "WARNING! SOUND LEVELS WITHIN MAY CAUSE HEARING IMPAIRMENT!"

Motor vehicle noise limits on a public rights-of-way are regulated as set forth in the California Motor Vehicle Code, Sections 23130 and 23130.5. Equipment violations which create noise problems are covered under Sections 27150 and 27151. Any peace officer of any jurisdiction in California may enforce these provisions. Therefore, it shall be the policy of the Town to enforce these sections of the California Motor Vehicle Code.

A.

Refuse Collection Vehicles

1.

No person shall collect refuse with a refuse collection vehicle between the hours of 7 p.m. and 7 a.m. within or adjacent to a residential area or noise sensitive zone.

2.

No person authorized to engage in waste disposal service or garbage collection shall operate any truck-mounted waste or garbage loading and/or compacting equipment or similar device in any manner so as to create any noise which exceed4ing 80 dBA's. the following levels, measured at a distance of fifty (50) feet from the equipment in an open area.

a.

New equipment purchased or leased on or after December 24, 1994: 80 dBA.

b.

New equipment purchased or leased on or after September 24, 1994: 75 dBA.

c.

Existing equipment, on or after June 24, 1999: 80 dBA.

B.

Motor Vehicle Horns. It is unlawful for any person to sound a vehicular horn except as a warning signal (Motor Vehicle Code, Section 27001).

C.

Motorized Recreational Vehicles Operating Off Public Rights-of-Way. No person shall operate or cause to be operated any motorized recreational vehicle off a public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of paragraph 9.73.050.A.1 of this Chapter. This Section shall apply to all motorized recreational vehicles whether or not duly licensed and registered, including but not limited to commercial or noncommercial racing vehicles, motorcycles, go carts, amphibious craft, campers, snowmobiles and dune buggies, but not including motorboats.

D.

Motorboats. Operating or permitting the operation of any motorboat in any lake, river, stream, or other waterway in such a manner as to cause a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of paragraph 9.73.050.A.1 of this Chapter.

E.

Standing Motor Vehicles. No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of ten thousand (10,000) pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than fifteen (15) minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion on a public right-of-way or public space within 150 feet of a residential area or designated noise sensitive zone, between the hours of 10 p.m. and 7 a.m.

The following activities shall be exempted from the provisions of this Chapter:

A.

The emission of sound for the purpose of alerting persons to the existence of an emergency;

B.

The emission of sound in the performance of emergency work;

C.

Warning devices necessary for the protection of public safety; for example, police, fire and ambulance sirens, and train horns;

D.

Regularly scheduled school bands, school athletic and school entertainment events between the hours of 8:45 a.m. and 10:00 p.m., provided a Special Events permit is obtained for band activities on Town streets;

E.

Regularly scheduled activities conducted on public parks, public playgrounds, and public or private school grounds. However, the use of public address or amplified music systems is not permitted to exceed the exterior noise standard of adjacent property at the property line;

F.

All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions;

G.

Mobile noise sources associated with agricultural operations, provided such operations take place on Monday through Friday, excepting legal holidays, between the hours of 7:00 a.m. and 6:00 p.m., or on holidays and weekends between the hours of 9:00 a.m. and 6:00 p.m. All other operations shall comply with this chapter;

H.

Any activity to the extent that regulation thereof has been preempted by State or Federal law.

A.

The NCO is authorized to grant exceptions from any provision of this ordinance, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the NCO determines are appropriate to protect the public health, safety, and welfare from the noise emanating therefrom. This Section shall in no way affect the duty to obtain any permit or license required by law for such activities.

B.

Any person seeking an exception to this Section shall file an application with the NCO. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this ordinance would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The application shall be accompanied by a fee. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property, may be combined into one application. Notice of an application for an exception shall be noticed according to Town Code. Any individual who claims to be adversely affected by allowance of the exception may file a statement with the NCO containing any information to support his claim. If at any time the NCO finds that a sufficient controversy exists regarding an application, such application shall be scheduled for a public hearing by the Planning Commission.

C.

In determining whether to grant or deny the application, the NCO shall balance the hardship on the applicant, the community, and other persons of not granting the variance against the adverse impact on the health, safety, and welfare of persons affected, and any other adverse impacts of granting the variance. Applicants for exceptions and persons contesting exceptions may be required to submit such information as the NCO may reasonably require. In granting or denying an application, the NCO shall keep on public file a copy of the decision and the reasons for denying or granting the exception.

D.

Exceptions shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The exception shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the exception shall terminate such exception and subject the person holding it to those provisions of this ordinance for which the exception was granted.

E.

An exception shall expire 365 days from the date on which it was granted. Application for extension of time limits specified in exceptions or for modification of other substantial conditions shall be treated like applications for initial exceptions under subsection B above.