(b) Applications for a permit of variance shall supply information including, but not limited to:(1) The nature and location of the noise source for which such application is made;(2) The reason for which the permit of variance is requested, including the hardship that will result to the applicant, his/her client, or the public, if the permit of variance is not granted;(3) The nature and intensity of noise that will occur during the period of the variance; and(4) A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom.(5) The name, address and means of contacting a responsible party during the hours of operation for which the permit of variance is issued.
(c) The City Manager or his designee may charge the applicant a fee of fifty dollars ($50.00) to cover expenses resulting from the processing of the permit of variance application.
(d) In making the determination on granting a variance, the City Manager or his designee shall consider:(1) The character and degree of injury to, or interference with, the health and welfare of the reasonable use of property which is caused or threatened to be caused by the sound to result from the permit of variance.(2) The social and economic value of the activity for which the variance is sought.(3) The ability of the applicant to apply best practical noise control measures.
(e) The permit of variance shall enumerate the conditions of the variance including:(1) Specific dates and times for which the variance is valid;(2) Sound level limits which may not be exceeded at the nearest affected residential or noise sensitive property.
(f) The permit of variance may be revoked by the City Manager or his designee if the terms of the variance are violated.
(g) A variance may be revoked by the City Manager or his designee and the issuance of future variances withheld, if there is: (1) Violation of one or more conditions of the variance;(2) Material misrepresentation of fact in the variance application; or,(3) Material change in any of the circumstances relied upon by the noise control administrator in granting the variance. (Ord. 1612. Passed 4-13-15.)