§ 22-71. Exemptions.

(a)

General exemption. Property owners, renters, or their employees (but not contractors) may conduct any regulated activity on their respective property from dawn until dusk on any day, including holidays, any time of the year. During the period from dusk until dawn, property owners, renters, or their employees (but not contractors) may conduct any regulated activity on their respective property only in a fully enclosed structure or building such that noise, dust, odors, vibrations, bright lights, or similar effects from the activity are not detectable on other properties.

(b)

Exemption permits. The following permits shall be obtained as required to vary from the provisions contained in sections 22-68 and 22-70:

(1)

Renewable exemption permit: For recurring operations associated with conforming, non-residential uses.

(2)

Temporary exemption permit: For specific activities of short duration.

(3)

Emergency exemption permit: For the prevention of substantial property loss, environmental damage, or threats to human health and safety.

(c)

Permit applications.

(1)

Nonemergency exemption permits. Applications for nonemergency exemption permits shall be submitted to the town manager and shall, at a minimum, specify the type of exemption requested and justification for the request. The town manager may request additional information as necessary and reasonable to make an informed decision regarding the request.

(2)

Emergency exemption permits. Prior to beginning work, the party conducting the exempt activity shall report the location and nature of the emergency, and the type and duration of the exempt activity(ies) to the town police department and shall obtain authorization to proceed from the police supervisor on duty. If the activity is to be conducted over a period of days, the party conducting the activity shall obtain an exemption permit from the town manager on the next business day following the day the emergency began.

(d)

Fees. Applications for exemption permits shall include a $10.00 processing fee. Fees for emergency exemptions are waived.

(e)

Application review. The town manager may deny, grant with conditions, or grant in full an application for an exemption. In reviewing applications for exemptions, the town manager shall make the following findings before granting an exemption request in full or in part:

(1)

Nonemergency exemptions. Authorization of the exemption will not have a detrimental effect on the comfort, contentment, peace, tranquility, and enjoyment of persons on other properties.

(2)

Renewable exemptions. The exemption is necessary to perform an integral and essential operation of the facility.

(3)

Temporary exemptions. The exemption is necessary to prevent substantial financial loss or undue delay in completing a project and the need did not arise solely out of the actions or inactions of the applicant.

(4)

Emergency exemptions. The exemption is necessary to prevent substantial property damage, environmental damage, or threats to human health and safety.

(f)

Validity.

(1)

Renewable exemption permits shall be valid for periods of not longer than one year and may be renewed by the town manager as needed in accordance with the provisions of this section.

(2)

Temporary exemption permits shall be valid for periods of not longer than 60 days and may be renewed only by the town commission.

(3)

Emergency exemption permits shall be valid until the threat of substantial property damage, environmental damage, or threats to human health and safety are eliminated.

(Ord. No. 93-2, § 1, 9-13-93)