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(a) The Building Commissioner is hereby authorized to grant special variances pursuant to this section.
(b) Any person seeking a special variance pursuant to this section shall file an application therefor with the Building Commissioner. The application shall contain information which demonstrates that bringing into compliance with this chapter the source of sound or activity for which the special variance is sought 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 Building Commissioner to persons who frequent the area of the sound or activity and who may be adversely affected by the granting of the variance. Any individual who claims to be adversely affected by the allowance of the special variance may file a statement with the Building Commissioner containing any information to support his or her claim.
(c) In determining whether to grant or deny the application, the Building Commissioner shall balance the hardship that is occasioned to the applicant, the community and other persons by not granting the special variance, against the adverse impact on the health, safety and welfare of persons affected and on property affected, and any other adverse impacts occasioned by granting the special variance. Applicants for special variances and persons contesting special variances may be required to submit any information the Building Commissioner may reasonably require. In granting or denying an application, the Building Commissioner shall place on public file a copy of the decision and the reasons for denying or granting the 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 condition of the special variance shall terminate the same and subject the person holding it to those provisions of this chapter which regulate the source of sound or activity for which the special variance was granted.
(e) Application for an extension of the time limits specified in special variances or for modification of other substantial conditions shall be treated like an application for an initial special variance.
(f) The Building Commissioner may issue guidelines approved by resolution of Council defining the procedures to be followed in applying for a special variance and the criteria to be considered in deciding whether or not to grant a special variance.
(g) The decision of the Building Commissioner may be appealed by the person who is denied the special variance or by any person who claims to be adversely affected by the allowance of the special variance. Such appeal shall be made to the Zoning Board of Appeals and review by the Board shall be de novo.
(Ord. 1980-144. Passed 9-16-81.)