(a) The Building Commissioner shall have the authority, consistent with this section, to grant special variances.
(b) Any person seeking a special variance pursuant to this section shall file an application with the Building Commissioner. 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 other persons. Notice of an application for a special variance shall be given by the Commissioner to persons who frequent the area of the sound or activity and who may be adversely affected by the granting of the variance. Any individual who claims to be adversely affected by allowance of the special variance may file a statement with the Commissioner containing any information to support his claim.
(c) In determining whether to grant or deny the application, the Commissioner shall balance the hardship to the applicant, the community, and other persons of not granting the special 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 special variance. Applicants for special variances and persons contesting special variances may be required to submit any information the Building Commissioner may reasonably require. In granting or denying an application, the Commissioner shall place on public file a copy of the decision and the reasons for denying or granting the special variance.
(d) 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.
(e) Application for extension of time limits specified in special variances or for modifications of other substantial conditions shall be treated like applications for initial special variances.
(f) The Commissioner may issue guidelines approved by resolution of 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.
(g) The decision of the Commissioner may be appealed by the person denied the special variance or by any person claiming to be adversely affected by allowance of the special variance. Such appeal shall be made to the Zoning Board of Appeals, and review by the Board shall be de novo. (Ord. 66-76. Passed 12-6-76.)