(1) Exceptions may be granted to any person from any requirement of ECMC 8.08.040 if findings are made that any such exception is in the public interest and that the proposed activity will have a substantial public participation, i.e., festivals, parades and other community celebrations.

(2) Exceptions may be granted to any person from any requirement of ECMC 8.08.030 if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon existing noise source or because of nonavailability of feasible technology or control methods.

(3) Applications shall be made to the mayor. Exceptions shall be issued only upon application in writing and after providing such information as may be requested. No exception shall be issued for a period of more than 30 days, except upon due notice to the public with opportunity to comment to the city planning commission. The city planning commission shall make a recommendation for approval or disapproval to the city council in all such cases. The city council shall then make a final determination of approval or disapproval of an exception for a period exceeding 30 days. Public hearings may be held before the city planning commission, in any case, when substantial public interest is shown at the discretion of the mayor.

(4) Any such exceptions or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances.

(5) An implementation schedule for achieving compliance with this chapter shall be incorporated into any exception from ECMC 8.08.030 that is issued.

(6) Sources of noise, subject to this chapter, shall immediately comply with the requirements of this chapter, except in extraordinary circumstances where overriding considerations of public interest dictate the issuance of an exception. (Ord. 459 § 1, 2012; Ord. 375 § 1, 2006)