1. The City Manager or City Council shall have the authority, consistent with this section, to grant special exceptions to this noise control chapter.

2. Any person seeking a special exception pursuant to this section shall file an application with the City Manager. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special exception is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Any individual who claims to be adversely affected by allowance of the special exception may file a statement with the City Manager containing any information to support their claim. If the City Manager finds that a sufficient controversy exists regarding an application, a public hearing may be held.

3. In determining whether to grant or deny the application, the City Manager shall balance the hardship to the applicant, the community, and other persons of not granting the special exception against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the special exception. Applicants for special exceptions and persons contesting special exceptions may be required to submit any information the City Manager may reasonably require. In granting or denying an application, the City Manager shall create a written decision and the reasons for denying or granting the special exception.

4. Any special exception(s) granted shall be granted by notice to the applicant containing all necessary conditions, including a time limit (not to exceed one year), time of day limit, day of week limit, and decibel limit or other restrictions meant to limit noise on the permitted activity. The special exception shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special exception shall terminate the special exception and subject the entity or person holding it to those provisions of this chapter regulating the source of sound or activity for which the special exception was granted, including enforcement actions.

5. Application for extension of time limit specified in special exceptions or for modification of other substantial conditions shall be in a similar manner to the initial special exception application process described under subsections (B)(1) through (4) of this section.

6. The City Manager or City Council may issue guidelines defining the procedures to be followed in applying for a special exception and the criteria to be considered in deciding whether to grant a special exception.

1. Within sixty days following the effective date of this chapter, the owner of any commercial or industrial source of sound may apply to the City Manager for an exception in time to comply with this chapter. The City Manager shall have the authority, consistent with this section, to grant an exception, not to exceed one year from the effective date of this chapter.

2. Any person seeking an exception in time to comply shall file an application with the City Manager. 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 chapter prior to the date requested in the application would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Any individual who claims to be adversely affected by allowance of the exception in time to comply may file a statement with the City Manager containing any information to support their claim. If the City Manager finds that a sufficient controversy exists regarding an application, a public hearing may be held.

3. In determining whether to grant or deny the application, the City Manager shall balance the hardship to the applicant, the community, and other persons of not granting the exception in time to comply, against the adverse impact on health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions in time to comply and persons contesting exceptions may be required to submit any information the City Manager may reasonably require. In granting or denying an application, the City Manager shall create a written decision and the reasons for denying or granting the special exception.

4. Any exceptions in time to comply granted shall be granted to the applicant containing all necessary conditions, including a schedule for achieving compliance. The exception in time to comply shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this chapter for which the exception was granted.

5. Application for extension of time limits specified in exceptions in time to comply or for modification of other substantial conditions shall be treated like applications for initial exceptions under subsections (C)(1) through (4) of this section, except that the City Manager must find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification.

6. The City Manager or City Council may issue guidelines defining the procedures to be followed in applying for an exception in time to comply and the criteria to be considered in deciding whether to grant an exception in time to comply.