(A) The administrative officer of the enforcement agency within whose jurisdiction enforcement of this chapter is required is authorized to grant variances for exception from any provision of this chapter, subject to limitations as to area, noise levels, time limits and other terms and conditions as the administrative officer determines are appropriate to protect the public health, safety and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any permit or license required by law for those activities.
(B) (1) Any person seeking a variance pursuant to this section shall file an application with the administrative officer. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into 1 application. Notice of an application for a variance shall be published according to jurisdictional procedure. Any individual who claims to be adversely affected by allowance of the variance may file a statement with the administrative officer containing any information to support his or her claim. If at any time the administrative officer finds that a sufficient controversy exists regarding an application, a public hearing will be held.
(2) In determining whether to grant or deny the application, the administrative officer shall balance the hardship on the applicant, the community and other persons of not granting the variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the variance. Applicants for variances and persons contesting variances may be required to submit any information as the administrative officer may reasonably require. In granting or denying an application, the administrative officer shall keep on public file a copy of the decision and the reasons for denying or granting the variance.
(3) Variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate the variance and subject the person holding it to those provisions of this chapter for which the variance was granted.
(4) A variance will not exceed 365 days from the date on which it was granted. Application for extension of time limits specified in variances or for modification of other substantial conditions shall be treated like applications for initial variances under division (B)(2) of this section.
(5) The administrative officer will issue guidelines pursuant to § 92.15(D) approved by the appropriate authority, defining the procedures to be followed in applying for a variance and the criteria to be considered in deciding whether to grant a variance.
(Ord. passed 1-6-2004)