A. Existing Heat Pumps and Mechanical Devices. No person owning or controlling an existing commercial or residential heat pump or mechanical device shall cause or permit operation of that noise source if the noise levels generated by the heat pump or mechanical device exceed fifty decibels as measured within twenty five feet of the nearest residential structure on an adjacent parcel of land.

B. New Heat Pump and Mechanical Installations. Effective upon adoption of the ordinance codified in this Section, no person shall install, or operate, a commercial or residential heat pump or mechanical device if noise levels from its operation exceed forty five decibels within twenty five feet of the nearest residential structure on an adjacent parcel of land, or within twenty five feet of the property line of any adjacent unoccupied parcel of land zoned for residential use.

C. Permit Requirement. No person shall install a commercial or residential heat pump or mechanical device prior to submitting a permit application to the Building Official and receiving approval. All applications shall certify that the operation of the heat pump or mechanical device will meet the provisions of Section 2 using the Air Conditioning and Refrigeration Institute Standards for Application for Sound Rated Outdoor Unitary Equipment (Standard 275).

D. Enforcement Responsibility. It shall be the responsibility of the Building Official to assure all provisions of this section are met prior to issuing an installation permit for a heat pump or mechanical device.

E. Variances. Where practical difficulties, unnecessary hardships, or results inconsistent with the provisions of this Section exist, a variance not to exceed five percent of the maximum noise levels permitted herein may be granted by the Building Official. Any person dissatisfied with the decision of the Building Official may appeal such decision in writing to the City Council within ten days of such decision. The City Manager may grant a variance to the extent that the City Manager finds the variance to be consistent with the terms of this Section. (Ord. 1531, 1983)