(A) The City Council shall have the authority, consistent with this section, to grant sound variances from this chapter after a public hearing.
(B) Any person seeking a sound variance under this section shall file an application with the City Clerk for review. The application shall contain the following information:
(1) The name of the applicant;
(2) The applicant's mailing address;
(3) Legal description of property from which the sound or vibration will emanate;
(4) Description of source of sound;
(5) The duration of time for which the variance is sought; and
(6) The facts and reasons justifying a variance.
(C) All applications shall be subject to the application fee as set forth a resolution adopted by City Council.
(D) At the hearing of the variance application, the applicant may submit any relevant evidence or testimony, including evidence or testimony demonstrating the applicant's efforts to reduce, contain or baffle the noise or vibration. In determining whether to grant or deny an application, City Council shall balance the practical difficulty that will result to the applicant, the community, and other persons if the variance is not granted, versus the adverse impact on the health, safety, and general welfare of persons if the variance is granted. If the practical difficulty to the applicant, community and other persons outweighs the adverse impact on the health, safety or welfare of the public, the variance may be granted. The City Council may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects upon the directly affected properties, including the use of mufflers, screens or other sound attenuating devices. If its decision is to grant the application, Council shall set forth the terms and conditions of the variance, including the effective date of the variance, the period of the variance, the time of day the variance may be used, the location where the sound or vibration may be created or caused, and the sound or vibration level limits.
(E) Sound variances shall be granted by notice to the applicant containing all conditions necessary to minimize adverse effects upon the community or the surrounding neighborhood, 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 that person to those provisions of this chapter regulating the source of sound or activity for which the sound variance was granted. Variances may not exceed 365 days.
(F) Determination of modification of a granted variance shall also be made in accordance with the rules and procedures set forth in this section.
(Ord. 2020-56, passed 9-17-20)