§ 158.06  EXCEPTIONS.
   (A)   A variance to this prohibition may be requested by submitting the same in writing to the Common Council of the City of Lawrenceburg. The application shall state:
      (1)   The identity and chemical composition of all prohibited materials to be transported.
      (2)   The amount of each prohibited material and the percentage composition as compared to other materials contained therein.
      (3)   The number of such shipments.
      (4)   The frequency of such shipments.
      (5)   The origin and destination of such shipments.
      (6)   The purpose of the transportation.
      (7)   The party or parties responsible for transportation and placement.
   (B)   The Common Council shall hear from the applicant, the general public, and any other persons deemed beneficial to decision-making, and after doing so shall deliberate and decide as to whether to grant a variance within 30 days of the hearing.
   (C)   The Common Council shall base their decision on the following factors:
      (1)   Potential harm to the health of the citizens of the city.
      (2)   Potential harm to the environment of the city.
      (3)   Whether or not there are sufficient safeguards in place to guarantee the safety of human health and the environment.
   (D)   Denial of a variance may be reviewed by the County Superior or Circuit Court.
   (E)   The hearing shall be noticed to the public no less than 48 hours before it occurs.
   (F)   Oral and written comment from the public shall be accepted and reviewed as part of the decision-making process.
(Ord. 5-2018, passed 3-8-18)