1. The noise control office(r) is authorized to grant exceptions from any provision of this chapter, subject to limitations as to area, noise levels, time limits and other terms and conditions as the noise control office(r) 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.

2. Any person seeking an exception pursuant to this section shall file an application with the noise control office(r). 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 would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The application shall be accompanied by a fee as established by council resolution. 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. Any individual who claims to be adversely affected by allowance of the exception may file a statement with the noise control office(r) containing any information to support his or her claim. If at any time the noise control office(r) finds that a sufficient controversy exists regarding an application, a public hearing will be held.

3. In determining whether to grant or deny the application, the noise control office(r) shall balance denial as a hardship on the applicant against (1) the adverse impact on the health, safety and welfare of other persons affected; (2) the adverse impact on property affected; and (3) any other adverse impacts of granting the exception. Applicants for exceptions and persons contesting exceptions shall be required to submit such information as the noise control office(r) may reasonably require. In granting or denying an application, the noise control office(r) shall keep on public file a copy of the decision and the reasons for denying or granting the exception.

4. 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 the exception and subject the person holding it to those provisions of this chapter for which the exception was granted.

5. An exception will not exceed three hundred sixty-five 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) of this section.

6. Exceptions lasting for a duration of less than forty-eight hours may be granted by the chief of police or his or her designated noise control officer. Exceptions lasting for a duration of more than forty-eight hours or dealing with zoning conflicts or machine-generated noise may be granted by the community development department director or his or her designated noise control officer.

1. Within ninety days following the effective date of this chapter, the owner of any commercial or industrial source of sound may apply to the noise control office(r) for an exception in time to comply with the provisions of this chapter. The noise control office(r) shall have the authority, consistent with this section, to grant an exception (not to exceed one hundred eighty days from the effective date of the ordinance codified in this chapter). The same procedures and considerations by the noise control office(r) as followed under this section shall likewise apply.