A. Application: Any person who owns or operates any noise source may apply to the NCA for a temporary variance from one or more of the provisions of this section 5-1-3, unless such noise source is specifically exempted according to the provisions of section 5-1-3-9 of this chapter. Applications for a permit of temporary variance shall supply information including, but not limited to:
1. The nature and location of the noise source for which such application is made;
2. The reason for which the permit of temporary variance is requested, including the hardship that will result to the applicant, his/her client, or the public if the permit of temporary variance is not granted;
3. The level of noise that will occur during the period of the temporary variance;
4. The section or sections of this section 5-1-3 for which the permit of temporary variance shall apply;
5. A description of interim noise control measures to be taken for the applicant to minimize noise and the impacts occurring therefrom; and
6. A specific schedule of the noise control measures that shall be taken to bring the source into compliance with this section 5-1-3 within a reasonable time.
Failure to supply the information required by the NCA shall be cause for rejection of the application. A copy of the permit of temporary variance must be kept on file by the municipal clerk for public inspection.
B. Application Fee: The NCA shall charge the applicant a fee of seventy five dollars ($75.00) to cover expenses resulting from the processing of the application for a permit of temporary variance.
C. Limit On Duration: The NCA shall limit the duration of the permit of temporary variance, which, in any event, shall be effective no longer than seven (7) days. Any person holding a permit of temporary variance and requesting an extension of time shall apply for a new permit of temporary variance according to the provisions of this section.
D. Adequate Proof: No temporary variance shall be approved unless the applicant presents adequate proof that:
1. Noise levels occurring during the period of the temporary variance will not constitute a danger to public health; and
2. Compliance with this section 5-1-3 would impose an unreasonable hardship on the applicant without equal or greater benefits to the public.
E. Factors For Determination: In making the determination of granting a temporary variance after having made a finding that adequate proof was provided by the applicant as required in this section 5-1-3, the NCA shall consider the following factors:
1. The character and degree of interference with the health and welfare or the reasonable use of property that is caused or threatened to be caused;
2. The level of interference to the peaceful enjoyment of adjoining property or the public right of way above that which is allowed under this section 5-1-3 if the temporary variance is denied; and
3. The ability of the applicant to apply the best practical noise control measures.
F. Notification Of Approval Or Denial: The NCA shall notify the applicant in writing of his or her determination on the application within fourteen (14) days after receipt of the application. This notification shall inform the applicant of whether a permit for temporary variance has been approved or denied; and, if approved, shall set forth the location, dates and times of temporary variance.
G. Appeal Of Administrative Decisions:
1. Review By City Manager: Where it is alleged that there is error in any decision or determination made by an administrative official pursuant to administrative authority granted pursuant to this section 5-1-3, an appeal of such determination shall first be made to the city manager by delivering a written document entitled "request for review of administrative decision" to the office of the city manager. Appeals to the city manager must be made within fifteen (15) days of the date of the administrative decision or determination.
The city manager shall conduct a recorded hearing within thirty (30) days after receipt of the "request for review of administrative decision" and shall consider the evidence submitted by the appealing party and the city. The hearing under this section shall be de novo and shall be informal. Such hearing shall evaluate the application in accordance with the criteria of this section 5-1-3. The city manager must base his/her decision on the preponderance of the evidence presented at the hearing and must render a decision within fifteen (15) days after the date of the hearing. The decision or determination shall affirm, reverse, or modify the administrative decision or determination.
2. Appeal To City Council: Any person aggrieved by the decision or determination of the city manager may appeal that decision or determination to the city council by delivering a written document entitled "notice of appeal" to the office of the city clerk within fifteen (15) days after receiving the decision of the city manager. The city council shall consider the record of the prior appeal to the city manager and may take additional testimony. The city council must render a decision or determination on the preponderance of the evidence and shall render a decision within sixty (60) days after receiving the appeal. The decision or determination shall affirm, reverse, or modify the decision or determination of the city manager.
H. Revocation: The permit of temporary variance may be revoked by the NCA if the terms of the permit of temporary variance are violated. (Ord. 469, 2-12-2013, eff. 3-8-2013)