(A) The Health Officer shall have the authority to grant an initial variance to the strict application of this chapter for a period of not to exceed 15 calendar days. Any person seeking such a variance shall file an application with the Health Officer. The application shall contain the information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons.
(B) The Health Officer shall have the authority to grant an extension to any variance. Any person seeking such an extension shall file an application with the Health Officer. Notice of an application for an extension shall be posted by a sign placed in a conspicuous place on or near the property upon which action is pending. No extension shall be granted for a period of two days from and after posting of the property.
(C) (1) Any individual who claims to be adversely affected by allowance of any requested extension of a variance may, prior to the end of the two day period after posting of the property, file a statement with the Health Officer containing any information to support the claim If the Health Officer finds that a sufficient controversy exists regarding an application, a public hearing shall be held. All such hearings shall be held within five days after the period for filing claims under this subsection has ended
(2) In determining whether to grant or deny any application, the Health Officer shall balance the hardship to the applicant, the community, and other persons of not granting the variance or extension against the adverse impact to the health, safety, and well being of those affected, the adverse impact on property affected, and any other adverse impacts of granting the variance or extension. Applicants for variances or extensions and persons contesting extensions may be required to submit any information the Health Officer may reasonably require. In granting or denying an application, Health Officer shall place on public file a copy of decision and the reasons for denying or granting the variance or extension and the criteria to be considered in deciding whether to grant variances and extensions.
(3) Variances or extensions shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The variance or extension shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance or extension shall terminate such variance or extension and subject the applicant to those provisions of this chapter regulating the source of sound or activity for which the variance or extension was granted.
(4) The Health Officer may issue guidelines defining the procedures to be followed in applying for a variance or extension and the criteria to be considered in deciding whether to grant variances and extensions.
(D) (1) Any person who is aggrieved by a decision or order of the Health Officer under this chapter may appeal such decision or order to the Planning Commission by filing a notice of appeal with the Board Secretary within 15 days from the date of the issuance of such decision or order by the Health Officer.
(2) The Secretary of the Planning Commissions, having received a properly submitted notice of appeal, shall notify the chairman of the Planning Commission and establish a date for the appeals hearing. The Secretary shall then notify the person making the appeal, and any person who appeared before or filed a statement with the Health Officer, in writing of the time and place of the hearing, which shall, in no event, be more than 15 days from the date of the filing of the notice of appeal with the Board Secretary. The Planning Commission shall, within seven days of the concluding date of the appeals hearing, file with the Health Officer a written final decision, either affirming the decision of the Health Officer, or modifying or reversing same. A copy of said decision shall be forwarded to the appellant.
(Ord. 1766, passed 6-14-01)