(a) Any person who violates any provision of this chapter may file an application with the City Engineer for a variance. The applicant shall set forth all actions taken to comply with such provision, the reasons why compliance cannot be achieved, the proposed method of achieving compliance and the proposed time schedule for its accomplishment. The application shall be accompanied by a fee in the amount of one hundred dollars ($100.00). A separate application shall be filed for each noise source; however, several mobile sources under common ownership or several fixed sources on a single property may be combined into one application. Upon receipt of such application and fee the City Engineer shall render a decision within sixty calendar days.
(b) The City Engineer shall evaluate each application for variance from the requirements of this chapter and may grant a variance subject to such terms, conditions and requirements as he may deem reasonable to achieve.
(c) The terms, conditions and requirements may include, but shall not be limited to limitation of noise levels and operating hours. In his determinations the City Engineer shall consider the following:
(1) Magnitude of the nuisance caused by the offensive noise;
(2) Uses of the property affected by the offensive noise;
(3) Time factors related to study, design, financing and construction of remedial work;
(4) Economic factors relating to age and usefulness of the noise emitting equipment, structure or operation;
(5) Public health, welfare and safety. (Ord. 554. Passed 12-27-79.)