(a) The Safety Director or his designated representative shall have the authority, consistent with this section, to grant special variances.
(Ord. 17-87. Passed 6-2-87.)
(b) Any person seeking a special variance pursuant to this section shall file an application with the Safety Director, or his designated representative. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on the other persons. Notice of an application for a special variance shall be given by the Safety Director or his representative to persons who frequent the area of the sound or activity and who may be adversely affected by the granting of the variance. This notice shall include the name of the applicant, date and specific times for which the special noise variance is requested, location where the noise variance shall take place and a purpose or reason for the noise variance request. Any individual who claims to be adversely affected by allowance of the special variance may file a statement with the Safety Director or his representative containing any information to support his claim.
(Ord. 01-04-2014. Passed 1-7-14.)
(c) 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 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 the special variance was granted.
(d) Application for extension of time limits specified in special variances or for modification of other substantial conditions shall be treated like applications for initial special variances.
(e) The Safety Director or his designated representative may issue guidelines approved by Council 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.
(f) Enforcement of this chapter shall be stayed as to any person filing an application for a special variance pursuant to this section, until such time as the application is acted upon by the Safety Director or his designated representative.
(Ord. 17-87. Passed 6-2-87.)