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City Manager is authorized in his or her discretion to grant special variances relative to noise disturbances.
(A) The City Manager or his or her designated representative shall have the authority, consistent with this section, to grant special variances to those persons who can demonstrate that bringing a source of sound or activity into compliance with §§ 94.01 and 94.02 would constitute an unwarranted health hazard or an unreasonable economic hardship upon the applicant.
(B) Any person seeking a special variance pursuant to this section shall file a written application with the City Manager or his or her designated representative. The application shall be provided by the City Manager or his or her designated representative. The application shall contain reasons why an unwarranted health hazard or an unreasonable economic hardship would result if the applicant was required to comply with § 94.03. The City Manager or his or her designated representative additionally may require that the applicant give notice of the application for special variance to persons who frequent the area of the sound or activity and may be adversely affected by the granting of the variance. Any individual who claims to be adversely affected by allowance to the special variance may file a statement with the City Manager or his or her designated representative containing any information to support his or her claim.
(C) In determining whether to grant or deny the application, the City Manager or his or her designated representative shall balance the hardship to the applicant, the community and other persons of not granting the special variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected and any other adverse impact of granting the special variance. Applicants for special variances and persons contesting special variances may be required to submit any information the City Manager or his or her representative may reasonably require. In granting or denying an application, the City Manager or his or her representative shall place on public file a copy of the decision and the reasons for denying or granting the special variance.
(D) Special variances shall be granted by notice to the applicant containing all necessary conditions including a time limit on the permitted activity. The special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any conditions of the special variances shall terminate it and subject the person holding it to those provisions of this section regulating the source of sound or activity for which the special variance was granted.
(E) Application for extension of time limits specified in special variances or for modification of other substantial conditions shall be considered using the same criteria as division (C) above.
(F) The City Manager or his or her designated representative may issue guidelines defining the procedures to be followed in applying for a special variance and the criteria to be considered in deciding whether to grant a special variance.
(Ord. 108-2008, passed 10-2-08)