(A) The Police Department, upon written application, shall have the authority, consistent with this section, to issue to each property in the town not more than one permit per year,provided any such permit is limited in duration to a period not to exceed 12 hours. The failure of the Police Department to issue a sound permit, after a written application, shall not preclude an application for a sound variance as hereinafter provided.
(B) The Town Council shall have the authority, consistent with this section, to grant sound variances from this subchapter after public hearing.
(C) Any person seeking a sound variance under this section shall file an application with the Town Council. The application shall contain information which demonstrates that bringing the source of sound or activity for which the sound variance is sought into compliance with this subchapter would constitute an unreasonable hardship on the applicant, on the community or on other persons.
(D) All applications for sound variances shall be subject to a fee of $50 per day if granted and, whether granted or denied, an amount sufficient to cover the cost of advertising and notification to all residents and property owners within 100 feet of the real property boundary from which the noise source emanates. Advertisement shall be made at least once, seven days prior to the public hearing, in a newspaper of general circulation in the town. Notification shall be by regular mail at least seven days prior to the public hearing.
(E) In determining whether to grant or deny an application, or revoke a variance previously granted, the Town Council shall balance the hardship to the applicant, the community and other persons if the sound variance is not allowed, against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impact, if the sound variance is allowed. Applicants for sound variances and persons contesting sound variances may be required to submit any information that the Town Council may reasonably require. In granting or denying an application or in revoking a sound variance previously granted, the Town Council shall file in the Office of the Town Clerk a copy of the decision and the reasons for granting. denying or revoking the sound variance.
(F) Sound variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The sound variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the sound variance shall terminate it and subject the person holding it to those provisions of this subchapter regulating the source of sound or activity for which the sound variance was granted.
(G) Determination of modification of a granted variance shall be made in accordance with the rules and procedures set forth in the section for original applications.
(Ord. passed 8-5-91)