(1) The Director may waive any part of this Chapter for a temporary event if the noise the event will create or cause in excess of the limits established under this Chapter is offset by the benefits of the event to the public.
(2) When the Director receives an application under this subsection, the Director must provide public notice of the application reasonably calculated to reach at least a majority of households that might be affected by noise levels anticipated for the event. The Director must not approve an application under this subsection less than 10 days after the public notice.
(b) General waiver.
(1) The Director may waive any part of this Chapter if the Director determines that compliance in a particular case is not practical and would impose undue hardship.
(2) When the Director receives an application under this subsection, the Director must schedule a hearing on the application within 60 days.
(3) At least 30 days before the hearing, the applicant must advertise the hearing by:
(A) placing a display advertisement in a newspaper of general circulation in the community where the source that is the subject of the application is located; and
(B) posting a sign at the location of the source.
(4) Based on evidence presented at the hearing, the Director may grant a waiver for up to 3 years, under terms and conditions appropriate to reduce the impact of the exception.
(5) The Director may renew a waiver granted under this subsection if the applicant shows that the circumstances supporting the original waiver have not changed.
(c) Violation of waiver. The Director may suspend, modify, or revoke a waiver granted under this section if a person violates the terms or conditions of the waiver.
(d) Regulations and fees. The County Executive must issue regulations implementing this section that:
(1) set the procedures and fees to apply for a waiver under subsections (a) or (b);
(2) require the applicant to use the best technology and strategy reasonably available to mitigate noise, as determined by the Director;
(3) allow temporary waivers under subsection (a) of no more than 30 days, renewable at the discretion of the Director no more than twice; and
(4) specify the requirements for the hearing advertisement and sign required under subsection (b)(3). (1996 L.M.C., ch. 32, § 1.)
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