(A) The city or his or her designated representative shall have the authority, consistent with this subchapter, to grant special variances.
(B) Any person seeking a special variance pursuant to this section shall file an application with the Mayor or his or her designated representative, no less than 30 calendar days prior to the date on which the special variance is sought to be effective. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this subchapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Notice of an application for a special variance shall be given by the Mayor or his or her representative to all persons who own and/or occupy the real property adjoining the site for which the special variance is sought. Notice shall be forwarded by regular mail not less than 15 calendar days prior to the date on which the special variance is sought to be effective. The failure of the Mayor or his or her representative to notify any adjoining property owner/occupant shall not be fatal to the applicant's request for a special variance. Any individual who claims to be adversely affected by allowance of the special variance may file a statement with the Mayor or his or her representative containing any information to support his claim. Said statement shall be filed not less than 7 calendar days prior to the date on which the special variance is sought to be effective.
(C) In determining whether to grant or deny the application, the Mayor or his or her designated representative shall balance the hardship to the applicant, the community, and other persons of not granting the special variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected and any other adverse impact of granting the special variance. Applicants for special variances and persons contesting special variances may be required to submit any information the Mayor or his or her representative may require. In granting or denying an application, the Mayor or his or her representative shall place on public file a copy of the decision and the reasons for denying or granting this special variance.
(D) Special variances shall be granted by notice to the applicant containing all necessary conditions including a time limit on the permitted activity. The special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any conditions of the special variances 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 special variance was granted.
(E) Application for extension of time limits specified in special variance or for modification of other substantial conditions shall be treated like applications for initial special variances.
(F) The Mayor or his or her designated representative may issue guidelines defining the procedures to be followed in applying for a special variance and the criteria to be considered in deciding whether to grant a special variance.
(Ord. 2013-06, passed 7-15-2013)