Undue hardship.
Huntsville Code of Ordinances § 12-234
in effectSec. 12-234. - Undue hardship.
(a) Except in the case of "vehicles" being operated on the "public right-of-way", as those terms are defined in division 3 of this article, a person may make application to the noise control officer, on forms provided by said officer, for a waiver from the applicable provisions of this article based on a showing of undue hardship.
(b) The noise control officer, after consulting appropriate resources as may be necessary, must grant the waiver to the extent that the applicant has established as follows:
(1) That:
a. Additional time is reasonably necessary for the applicant to alter or modify his activity or operation to comply with this article; or
b. The activity, operation, or noise/sound source will be of a temporary duration, and cannot reasonably be done in a manner that would comply with this article; and
(2) That no other reasonable alternative which would comply with the provisions of this article is available to the applicant; and
(3) That the proposed activity, operation, or noise/sound would not violate recognized safety standards; and
(4) That the proposed activity, operation, or noise/sound would not endanger the public health, safety or general welfare.
(c) The noise control officer shall be entitled to prescribe any reasonable conditions he deems necessary in consideration of all relevant factors in order to mitigate adverse effects upon the community or the surrounding neighborhood. Such conditions shall be contained in the waiver and the waiver shall specify a reasonable time that the waiver shall be effective.
(d) The noise control officer shall act upon an application for a waiver within 14 days from the date said officer receives a completed application. An individual aggrieved by the denial of a waiver or the conditions of a waiver may appeal said denial or said conditions to the Circuit Court of Madison County within 14 days after the date of the noise control officer's decision.
(e) Failure of a person to comply with the terms of the waiver, shall be a violation of this article.
(Ord. No. 86-297, § 8, 5-8-1986; Ord. No. 94-100, § 8, 2-10-1994; Ord. No. 21-449; § 3, 5-27-2012)
Source: City of Huntsville, Alabama, publisher code (Municode) + enacted ordinances (City Council/Legistar)URL: https://library.municode.com/al/huntsville/codes/code_of_ordinances?nodeId=COOR_CH12ENMA_ARTVNO_DIV1GE_S12-234UNHAFetched: 11/6/2026