§ 99.05. TEMPORARY PERMITS.

(A)

Requirements and Procedures. The City Manager or his or her designee is authorized to issue a temporary permit to allow noise when produced by a temporary use or activity as provided in this section. The City Manager may prescribe any reasonable conditions necessary to minimize any adverse effect upon the community. A permit granted under this section shall contain all conditions upon which the permit has been granted, including the decibel limit and the period of time for which the permit has been granted. Such relief may be granted in the following situations:

(1)

Special Events. When an applicant is applying for a Special Use permit or a Special Event permit, a temporary permit to allow noise may be granted at the same time.

(2)

Temporary Events. When an applicant plans to engage in temporary uses or activities on private property which do not significantly endanger the health, safety or welfare of the community, but which may be in technical violation of the requirements of this Chapter, a temporary permit may be issued to permit noise produced by the event. Temporary events include, but are not limited to, store openings, outdoor markets, carnivals, etc.

(3)

Code Compliance in Progress. When an applicant is utilizing best efforts to comply with the noise restrictions in this Chapter, but additional time is required for the applicant to modify his activity to comply and no reasonable alternative is available to the applicant, such permits may be granted for a period of time not to exceed ten (10) consecutive days.

(4)

Construction. When construction activities pursuant to a valid building permit cannot be carried out in a manner which would comply with Section 99.03, notwithstanding that all equipment is operated in accordance with manufacturer's specifications, is in good repair and utilizes all noise baffling methods as specified by the manufacturer.

(a)

The City Manager may authorize any necessary construction activities to occur earlier and/or later than normally allowed based upon a finding that:

1.

There are no reasonable alternatives;

2.

There are no prior code violation adjudications or fines and no pending construction noise violation cases against the property owner, contractor, or the construction site; and

3.

There is a significant community need, public purpose or benefit.

(b)

The work authorized by the City Manager may be conditioned upon reasonable notice to surrounding property owners and tenants. Permits issued pursuant to such authorization shall not exceed seven (7) consecutive days.

(c)

Notwithstanding the provisions (4)(a) and (b), temporary permits shall be subject to authorization by the building official under emergency circumstances or when the building official determines that for reasons of technical necessity work earlier or later than the time frames normally allowed or on any day (including Sundays or national holidays) is required. The work authorized by the building official pursuant to this subsection shall be conditioned upon reasonable notice to surrounding property owners and tenants.

(B)

Violation of Temporary Permit. Failure to comply with any condition of a temporary permit issued pursuant to this section shall constitute a violation and shall result in enforcement procedures and penalties as set forth in Section 99.08.

(C)

Revocation of Temporary Permits. Any temporary permit may be immediately revoked if the City Manager finds that an emergency condition exists involving serious danger to the public health, safety, or welfare; if the permit holder failed to disclose or misrepresented material information in the permit application or in the permit application process; or that there was a failure to comply with any condition of a particular temporary permit.

(D)

The issuance of a temporary permit is a privilege and does not constitute a right or expectation that said permit will remain in effect. Any permits issued pursuant to this section shall not constitute or be deemed precedent for the granting of any future permits.

(E)

Appeals. Appeals of the decision of the City Manager or his/her designee shall be made to the City Commission by submitting the appeal in writing to the City Clerk within ten (10) days of the denial. Decisions of the City Commission shall be final subject to appeal of such decision within thirty (30) days to the Circuit Court of Palm Beach County.

(Ord. No. 27-12, § 2, passed 9/4/12; Ord. No. 14-13, § 5, passed 8/20/13; Ord. No. 28-16 , § 2, passed 9/20/16)