§ 15-4. Special permits.

(a)

Permit process.

(1)

Applications for a special permit for relief from the maximum sound level limits designated in this chapter, except from Table I and Table I-A, for the events or activities described below, may be made in writing to the city manager or designee. Except as provided in Table I and Table I-A, a special permit is not required under this section if sound levels, including amplified sound, will not exceed the maximum sound level limits designated in this chapter.

(2)

The permit application shall include the name, address and telephone number of the permit applicant; the date, hours and location for which the permit is requested; and the nature of the event or activity. The application must be submitted at least ten days in advance of the event, not including holidays and weekends.

(3)

Upon receipt of the permit application, the city manager or designee will review the application and issue a decision promptly, but in no event less than three days prior to the date of the event. If no decision is issued by the time specified, the permit will be considered to be issued. The permit shall be issued provided the proposed activity meets the requirements of this section.

(4)

Any permit granted must be in writing and shall contain all conditions upon which the permit shall be effective.

(5)

The city manager or designee may prescribe any reasonable conditions or requirements he/she deems necessary to minimize noise disturbances upon the community or the surrounding neighborhood, including use of mufflers, screens or other sound-attenuating devices.

(6)

Any final decision of the city manager or designee pursuant to this section which denies the applicant the right to create sound levels, including amplified sound, which do not exceed the maximum sound level limits designated in this chapter, except as provided in Table I and Table I-A, will be immediately reviewed as a matter of right by the circuit court upon the filing of an appropriate pleading by the city.

(b)

Permits for entertainment. Permits may be granted for the purpose of entertainment under the following conditions:

(1)

The function must be open to the general public (admission may be charged).

(2)

The function must take place on public property, or public space, provided only six functions requiring a special permit may be held on any particular public space per calendar year.

(3)

The permit will be granted for only four hours in one 24-hour day or any reasonable extension thereof as authorized by the city manager or designee.

(4)

The permit will only be granted for hours between 9:00 a.m. and. 12:00 midnight on all days other than Friday and Saturday; and, on Friday and Saturday, between the hours of 9:00 a.m. and 1:00 a.m. of the following day, except in the following circumstances:

a.

A permit will be granted for hours between 9:00 a.m. on New Year's Eve and 1:00 a.m. the following day (New Year's Day).

b.

A permit will be granted for hours between 9:00 a.m. and 2:00 a.m. the following day if there are no private residences, hospitals or nursing homes within a 0.5 mile radius of the property where the function is taking place.

(5)

Functions for which the permits are issued shall be limited to a continuous airborne sound level not to exceed 70 dB(A), as measured 200 feet from the real property boundary of the source property. When one or more streets are closed adjacent to the source of the sound, the measurement shall be taken 200 feet from the boundary of the closed area.

(c)

Other permits. Special permits for nonentertainment special purposes, other than for emergency work that is exempt pursuant to section 15-3(e)(3), may be issued under the following conditions:

(1)

Nonrecurring.

a.

If the special purpose relates to the operation of a trade or business, the special purpose shall not be in the ordinary course of that trade or business; or

b.

If the special purpose does not relate to the operation of a trade or business, the special purpose shall not be an ordinary event in the affairs of the applicant;

(2)

Recurring. If the special purpose is a recurring purpose, it shall not recur more often than four times each calendar year; and:

a.

The special purpose shall be essential to the operation of the applicant's trade or business; or

b.

If the special purpose is not essential to the operation of a trade or business, the special purpose shall be compatible with the ordinary activities of the surrounding neighborhood;

(3)

Hours. The special permit may be issued only for hours between 7:00 a.m. and 11:00 p.m. the same day on weekdays; and

(4)

Duration. Special permits may be issued for no longer than one week, renewable by further application to the city manager or designee provided the applicant otherwise meets the provisions of this chapter.

(d)

Use of loudspeakers on exterior of building. No permit may be issued to permit the use of any loudspeaker or sound device on the exterior of any building which at any time exceeds the sound level limits in Table II, except those used for emergency systems or devices as allowed by section 15-3(d)(6) above.

(e)

Fraternity or sorority events. Special permits shall be issued for off-campus fraternity/sorority events as follows:

(1)

Sound level permits may be obtained to allow an increased residential sound level of 65 dB(A) between 9:00 p.m. and 1:00 a.m. the following day on designated dates, which permits will be valid only at the fraternity/sorority residence and only when all sources of music are located in a completely enclosed building as defined in section 30-23 of the land development code. Each fraternity/sorority is responsible for obtaining its sound level permit on the appropriate date.

(2)

All fraternities/sororities will receive sound level permits on five dates each year, three of which shall be the last Saturday of fall and spring rush and the Saturday of the University of Florida Homecoming.

(3)

The off-campus fraternities/sororities, collectively, shall choose the two optional dates on which they may receive additional sound level permits, which dates shall be submitted to the city manager or designee on or before September 30th of each year. After the submission of dates, the city manager or designee will approve and designate the optional dates hereinabove described.

(4)

Other student organizations officially registered with the University of Florida may file an application with the city manager or designee for issuance of a special permit for comparable events.

(Ord. No. 3868, § 1, 6-22-93; Ord. No. 960423, § 1, 9-22-97; Ord. No. 960008, § 1, 12-8-97; Ord. No. 970646, § 1, 12-15-97; Ord. No. 980395, § 1, 9-28-98; Ord. No. 980590, § 1, 10-26-98; Ord. No. 981314, § 1, 4-10-00; Ord. No. 000048, § 1, 8-14-00; Ord. No. 000712, § 1, 1-8-00)