§ 41A-16. Exemption request.

(a)

The owner or operator of a noise source which violates any of the provisions of this chapter may file an application with the Director of Development Services for an Exemption Request from the provisions thereof. The application shall set forth all actions taken to comply with this chapter, the reasons why immediate compliance cannot be achieved, a proposed method for achieving compliance, and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee as set forth in the Butte County Master Fee Schedule. 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 (1) application. Upon receipt of said application and fee, the Director of Development Services shall refer the application within ten (10) days to the Zoning Administrator.

(b)

Upon receipt of an application for an Exemption Request, the Zoning Administrator shall schedule a public hearing, to be conducted within sixty (60) days of receipt of the application.

(c)

The Zoning Administrator may deny the application for an Exemption Request, may grant an Exemption Request, or may refer any Exemption Request to the Planning Commission for review. An Exemption Request may be for a limited period and may be subject to any other terms, conditions and requirements as the Zoning Administrator or Planning Commission may deem necessary to achieve maximum compliance with the provisions of this chapter. Such terms, conditions and requirements may include, but shall not be limited to, limitations on noise levels and operating hours.

(d)

Each Exemption Request shall set forth the approved method of achieving maximum compliance and a time schedule for its accomplishment. The Zoning Administrator or Planning Commission shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area affected by the noise, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of equipment, and the general public interest and welfare.

(e)

In deciding whether to grant an Exemption Request, the Zoning Administrator or Planning Commission shall consider all facts relating to whether strict compliance with the requirement of this chapter will cause practical difficulties, unnecessary hardship or unreasonable expense and any other relevant considerations.

(f)

The Zoning Administrator or Planning Commission shall render a decision within thirty (30) days of completion of the hearing. The decision of the Zoning Administrator or Planning Commission shall be transmitted to the applicant and to the Director of Development Services.

(Ord. No. 4053, § 1, 3-26-13)