A. Authority: The police department shall have authority, consistent with this section, to grant variances from the requirements of any section of this chapter.
B. Application:
1. Form: Any person seeking a variance shall file an application with the police department on a form prescribed by the officer.
2. Required Information: The application shall state the dates during which the variance is proposed, the location of the noise source and times of operation, the nature of the noise source, reasons why the variance is sought, steps taken to minimize the noise level, and such other information as is required by the police department.
3. Notice To Property Owners: If the application is for a variance for more than three (3) days, the police department shall give mailed notice of the requested variance to all property owners within five hundred feet (500') of the noise source.
4. Objections: Any person claiming to be adversely affected by the variance applied for may, within twenty (20) days of mailing of the notice, file a statement with the police department in support of his or her claim.
C. Action On Application:
1. Public Hearing:
a. Request Of Police Department: If the police department finds that sufficient controversy exists regarding the proposed variance, it shall direct the city planning and zoning commission to hold a public hearing on the proposal at which all persons affected shall be given an opportunity to be heard.
b. Request Of Applicant, Affected Person: The planning and zoning commission shall also hold such a hearing upon request of the applicant or any person claiming to be adversely affected by the variance applied for as long as such request is received within twenty (20) days of the filing of the application.
2. Approval/Denial Of Application:
a. Time Restrictions:
(1) Without Hearing: Within thirty (30) days of receipt of the application in cases where no public hearing is held, the officer shall approve or deny the application.
(2) With Hearing: Where a public hearing is held, the planning and zoning commission shall approve or deny the application within thirty (30) days of the hearing.
b. Criteria For Approval: It may be approved only if the officer or the planning and zoning commission finds that full compliance with the requirements of this chapter would constitute an unreasonable hardship on the applicant, on other persons, or on the community. In determining whether to grant or deny the application, the officer or the planning and zoning commission shall balance the hardship to the applicant against the adverse impact on the health, safety and welfare of the persons affected, the adverse impact on property affected, and any other adverse effects of granting the variance.
c. Additional Conditions: The variance may be granted subject to conditions, including a time limit, which shall be clearly stated.
D. Appeals:
1. Right To Appeal: Either the applicant or any party aggrieved may, within twenty (20) days of the decision on the variance application, appeal to the city council for a review of the decision.
2. Filing: The appeal shall be filed in writing with the city clerk.
3. Hearing; Notice: The appeal shall be heard as soon as practicable and within twenty (20) days of the filing of the appeal, and the applicant and any person who has filed a statement on the application for a variance with the police department shall be given at least ten (10) days' mailed notice of the time when and the place where the appeal will be considered by the council.
4. Council Action: The council may affirm, modify or overrule the action of the police department or the planning and zoning commission on the basis of the criteria set out in subsection C of this section. (Ord. 69, 11-7-1996)