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(A) Permit. An application for a noise variance permit for relief on the basis of undue hardship from a noise level or time limits designated in this subchapter may be submitted in writing to the City Manager or designee. The fee for such permit shall be set by Council resolution.
(B) Conditions for granting. A noise variance permit granted by the City Manager shall contain all conditions upon which the permit has been granted and shall specify a reasonable time the permit shall be effective. The City Manager or designee shall grant the relief based on the following conditions:
(1) That strict compliance with such rule, regulations, or order is inappropriate because of conditions beyond the control of the persons requesting the variance;
(2) Because of special circumstances which would render strict compliance unreasonable or impractical due to special physical conditions or causes; and
(3) Because strict compliance would result in substantial curtailment or closing down of a business, plant, or operation, or no other alternative facility or method of compliance is yet available.
(C) Conditions. A noise variance permit may include conditions the City Manager or designee deems necessary to protect the public health and welfare.
(D) Revocation or modification. In the case of failure to comply and/or an emergency or safety hazard, the City Manager or designee may revoke or modify a noise variance permit by setting forth the reason for revocation and/or the nature of the emergency or hazard in a certified letter mailed to the holder of the variance permit. This letter shall provide the reason why the variance is revoked or modified and advise the permit holder of his or her right to an appeal pursuant to § 10.18.
(Prior Code, § 5.256) (Ord. 2010-08, passed 2-28-2011)