(A) Any person residing or doing business in the town may apply to the Zoning Enforcement Officer for a variance from one or more of the provisions of this chapter which are more stringent than the State Department of Environmental Protection’s regulations for the control of noise, provided that the applicant supplies all of the following information to the First Selectman at least 20 days prior to the start of the activity:
(1) The location and nature of activity;
(2) The time period and hours of operation of the activity;
(3) The nature and intensity of the noise that will be generated; and
(4) Any other information required by the First Selectman.
(B) No variance from these regulations shall be issued unless it has been demonstrated that:
(1) The proposed activity will not violate any provisions of the State Department of Environmental Protection regulations;
(2) The noise levels generated by the proposed activity will not constitute a danger to the public health; and
(3) Compliance with this chapter constitutes an unreasonable hardship on the applicant.
(C) The application for variance shall be reviewed and either approved or rejected at least five days prior to the proposed start of the activity. The approval or rejection shall be in writing and shall state the condition of approval, if any, or the reasons for rejection.
(D) Failure to rule on the application in the designated time shall constitute approval of the variance.
(Ord. passed 8-15-2005)