Applications must be submitted to the Office of the City Clerk. General guidelines may be considered in the issuance of a noise variance. These guidelines are not all inclusive and other criteria may be established that is reasonable and prudent to protect the public or limit the anticipated detrimental impact of noise upon the community. The guidelines are as follows:
(A) Variances shall be granted prior to or in anticipation of an event.
(B) The city reserves the right to grant a variance after the fact if it is deemed by the Noise Variance Board to be in the public good, if the Board believes that an honest, fair and reasonable attempt was made to comply with the noise limits imposed by this chapter, or the failure to comply was due to some unforeseen circumstance.
(C) A variance for the continuation of a non-complying activity may be granted after a reasonable attempt was made to comply and may contain such stipulations as the Board may deem necessary to protect the public that may include, but is not limited to:
(1) Regulation of times;
(2) The erection of noise barriers, shielding or other noise abatement; and
(3) A demonstration of compliance progress.
(D) The applicant bears the burden of presenting evidence sufficient to allow the Noise Variance Board to reach conclusions and make findings to support the authorization of a variance.
(E) The Board may require a public hearing on a certain matter to permit abutting landowners to present written or oral testimony for consideration of granting or denying a variance.
(F) The Board may request review and recommendations from various city departments including the Public Health Director, Director of Planning and Community Development, Chief of Police, City Clerk or their designees. Testimony of department representatives may be requested at a variance hearing.
(G) Final decisions shall be made available within 72 hours after a vote on an application. A written decision will be mailed to the applicant with copies made available to the Departments of Health, Police and City Clerk.
(H) In granting a variance, the Board may impose such conditions or stipulations as it deems necessary and proper in order to preserve the intent of this chapter.
(I) All decisions by the Noise Variance Board are final and may not be appealed to any other municipal board, committee or commission.
(J) As community noise is a public health concern, noise variances shall only be granted for a reasonable period of time, not more than two years.
(K) The renewal of a variance after two years requires the consent of the Board of Mayor and Aldermen.
(L) Variances shall not be granted for continued or sustained violations that may be physically injurious to one or more persons as determined by the Public Health Director.
(M) Once an application has been denied by the Noise Variance Board, the same application may only be considered if the Board finds that the application is materially different in nature and degree from the prior application.
(Ord. passed 9-5-06; Am. Ord. passed 2-7-09)