(A) Authority. The City Council may grant variances from the requirements of § 135.04 of this chapter.
(B) Application. A person seeking a variance must file an application therefor with the noise control officer on a form prescribed by the officer. The application must state the dates during which the variance is proposed, the location of the noise source and times of operation, the nature of the noise source, reasons why the variance is sought, steps taken to minimize the noise level and other information as is required by the noise control officer. If the application is for a variance for more than three days, the noise control officer must give mailed notice of the requested variance to all property owners within at least 500 feet of the noise source. Any person claiming to be adversely affected by the variance applied for may, within ten days of mailing of the notice, file a statement with the noise control officer in support of the claim.
(C) Action on application. The Council may grant a variance only if it finds that full compliance with the sound level requirements of this section would constitute an unreasonable hardship on the applicant, on other persons, or on the general public. In determining whether to grant or deny the application, the Council is to balance the hardship to the applicant against the adverse impact on the health, safety and welfare of the persons affected, the adverse impact on property affected, and any other adverse effects of granting the variance. The variance may be granted subject to conditions, including a time limit.
(Prior Code, § 645.17)