(A) Any person who wishes to engage in conduct prohibited by this chapter may file an application with the Safety Director or his or her designated representative requesting an event variance. The application shall contain information which demonstrates that bringing the source of sound or activity for which this special event variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. Notice of application for a special event variance shall be given by the Safety Director or his or her designated representative to persons in the area in the sound or activity and who may adversely affected by the granting of the variance. Any individual who claims to be adversely affected by allowance of a special event variance may file a statement with the Safety Director or his or her designated representative containing any information to support the claim.
(B) In determining in whether or not to grant or deny the application, the Safety Director or his or her designated representative shall balance the hardship to the applicant, the community and other persons, of not granting the special event variance, against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and another adverse impact of granting this special event variance. Applicants for special event variances and persons contesting special event variances may be required to submit any information to the Safety Director or his or her designated representative that may be reasonably required. In granting or denying the application, the Safety Director or his or her designated representative shall place on public file a copy of the decision and the reasons for granting or denying the special event variance.
(C) Special event variance shall be granted by notice to the applicant containing all necessary conditions, including a time limit on permitted activity. Special event variances shall be subject to the following restrictions:
(1) Special event variances shall only be permitted on Friday or Saturday, except on nationally recognized holidays that do not fall on Friday or Saturday.
(2) All activities occurring pursuant to special event variance must terminate by 11:00 p.m.
(3) All events subject to special variances shall no produce sound in excess of 85 decibels.
(4) All persons receiving a special event variance shall be required to obey all occupancy/fire regulations.
(5) Any event subject to a special variance shall be required to obey all liquor laws of the State of Ohio and the city.
(6) Any person requesting a special event variance shall be responsible for parking compliance.
(D) The special event variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any conditions of a special event variance shall terminate it and subject the person holding it to those provisions of this chapter regulating the source of sound or activity for which this special event variance was granted. The Safety Director or his or her designed representative may issue guidelines approved by City Council defining the procedures to be followed in applying for a special event variance and the criteria to be considered in deciding whether to grant a special event variance.
(E) The decision of the Safety Director or his or her designed representative may be appealed by the person denied the special event variance or any other person claiming to be adversely affected by allowance of the special variance to the Zoning Board of Appeals.
(Ord. 31-14, passed 6-16-14)