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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114689
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I had a motocross business for years in a county with No

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I had a motocross business for years in a county with No Zoning. The county then implemented a noise ordinance, which of course would affect us, we went o court and for the most part won, but still are bound by DB levels, and on occasion get close to going over the DB spike level. It has been years since the ordinance was implemented and we have never been issued a violation. Is it possible for me at this time, to have the ordinance amended to remove the "spike" limit by bartering with some of the hours of operation they also hold us to, such as weekend hours. I would be willing to give up all Sat and Sunday hours for the "spike" limit.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You can indeed negotiate this with the city. In fact many businesses such as yours do so, but negotiating hours of operation with the city whereby the city agrees to a waiver of the ordinance during those particular hours. It is a matter of you trying to show the city the times when it would have the least effect on neighbors and also try to show (if possible) loss of tax revenue to the city (since if you are not making money they are not making money on taxes). The city does have the power to issue a waiver of the limits under certain conditions though.


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