(A) Authority. The Noise Control Officer shall have authority, consistent with this section, to grant variances from the requirements of any section of this subchapter.
(B) Application. Any person seeking a variance shall file an application with the Noise Control Officer on a form prescribed by the Officer. The application shall state the dates during which the variance is proposed, the location of the noise source and time of operation, the nature of the noise source, reasons why the variance is sought, steps taken to minimize the noise level, and such other information as is required by the Noise Control Officer. If the application is for a variance for more than three days, the Noise Control Officer shall give mailed notice of the requested variance to all property owners within 500 feet of the noise source. Any person claiming to be adversely affected by the variance applied for may, within 20 days of the mailing of the notice, file a statement with the Noise Control Officer in support of his or her claim.
(C) Action on application. If the Noise Control Officer finds that sufficient controversy exists regarding the proposed variance, he or she may hold a public hearing on the proposal at which all persons affected shall be given an opportunity to be heard. He or she shall hold such a hearing upon request of the applicant or any person claiming to be adversely affected by the variance applied for. Within 30 days of receipt of the application, the Officer shall approve or deny the application. It may be approved only if the Officer finds that full compliance with the requirements of this subchapter would constitute an unreasonable hardship on the applicant, on other persons, or on the community. In determining whether to grant or deny the application, the Officer shall balance the hardship to the applicant against the adverse impact on the health, safety, and welfare of the persons affected, the adverse impact on property affected, and any other adverse effects of granting variance. The variance may be granted subject to conditions, including a time limit, which shall be clearly stated.
(D) Appeals. Either the applicant or any party aggrieved may, within 20 days of the decision on the variance application, appeal to the City Council for a review of the decision. The appeal shall be filed in writing with the City Administrator. The appeal shall be heard as soon as practicable and within 20 days of the filing of the appeal, and the applicant and any person who filed a statement on the application for a variance with the Noise Control Officer shall be given at least ten days’ mailed notice of the time when and place where the appeal will be considered by the Council. The Council may affirm, modify, or overrule the action of the Noise Control Officer on the basis of the criteria set out in division (C) above.
(Ord. 116, passed 4-25-05)