(A) The City Manager or their designee may grant a temporary variance which allows noncompliance with the decibel level limitations stated in Section 131.06 for a nonreoccurring, short duration activity. The City Manager’s or their designee’s decision to grant or deny a temporary variance shall be final (see Section 150.08 for appeals).

(B) The temporary variance shall be considered only after an applicant/requestor provides the following information, and the City Manager or their designee has determined that granting the temporary variance shall not be detrimental to public health, welfare, and safety, and the temporary variance is warranted because adherence to the decibel level limitations stated in this section would impose undue economic burden upon any lawful business, occupation or activity:

(1) Type of activity and equipment;

(2) Estimated decibel level and duration;

(3) Sound mitigation measures to be used;

(4) Number of amplification devices to be used in the proposed activities;

(5) Anticipated direction of amplification devices;

(6) Whether the activity will be held within or without a structure;

(7) Proposed benefits of the activity;

(8) Why decibel level limitations stated in this section cannot be adhered to; and

(9) Other circumstances or conditions that may be impacted or aggravated by the proposed activity.

(C) No temporary variance shall be granted for reoccurring events. No more than four temporary variances shall be granted to the same applicant/requestor during a 12-month period of time.

(D) Any temporary variance granted shall be issued in writing and specifying place, date, duration, and any requirements appropriate to the proposed activity site, which may include maximum decibel levels.

(E) An issued temporary variance shall become void, and surrendered to any police officer, code enforcement officer, or the City Manager (or their designee) as applicable, when it is determined that any requirement contained in the variance has been violated. Upon revocation of the temporary variance, activities must either immediately cease or must comply with the decibel level limitations stated in Section 131.06.

(F) A subsequent temporary variance request by the same applicant/requestor may be denied upon substantiated complaint(s) related to an activity previously granted a variance, or if an applicant has previously been required to surrender a temporary variance as described in this section.

(Ord. 24-04)