Ordinance 2007-1528 - Laserfiche WebLink

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5. Sound made on propf:rty belonging to or leased or managed by a federal, state, or county governmental body other than the city and made by an activity of the governmental body or by others pursuant to a contract, lease, or permit granted by such governmental body; 6. Sound made by an police alarm device, if the alarm shuts off automatically after no longer than ten minutes, by a fire alarm, or by an alarm system installed in a motor vehicle, if the car alarm shuts off automatically after no longer than five minutes; 7. Sound made by snow removal equipment equipped with a standard muffling system in good repair while removing snow; or 8. Sound made between the hours of 7:00 a.m. and 9:00 p.m. by a lawn mower or gardening equipment equipped with a standard muffling system in good repair. B. Decibel Variance: A variance shall be granted for the decibel limits of section 9.34.030, "Exceeding decibel sound levels prohibited," or 9.34.040, "Exceeding decibel sound levels from a motor vehhicle prohibited," after application is made if the city manager finds that compliance will cause an undue hardship and further finds that: 1. Additional time is necessary for the applicant to alter or modify the activity or operation to comply with this section; or 2. The activity, operation or sound source will be of temporary duration, and even with the application of the best available control technology cannot be done in a manner that would comply with this section; and 3. In either case, the city manager must also find that no reasonable alternative is available to the applicant. If the city manager grants a variance, the city manager shall prescribe such reasonable conditions or requirements as are necessary to minimize adverse effects upon the community or the surrounding neighborhood. C. Trash Variance: Trash haulers may apply to the city manager for a variance of the provisions of subsection 9.34.OSO.C for locations within a commercial district. Possession of a valid variance shall be a specific defense to any charge of violation of subsection 9.34.OSO.C if the act complained of was within the variance granted. The city manager may grant all or a part Hof any requested variance, and may place such conditions upon any variance granted as acre reasonably suited to limit the harmful effects of the variance. Such variances shall bye granted only if the applicant can demonstrate to the city manager's satisfaction: 1. That the location in question is sufficiently removed from any residential use that the noise of trash removal will not disturb anyone in their residence, including, without limitation, hotel and motel accommodations; or 5