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(a) The Safety Director or his designate shall have the authority, consistent with this section, to grant special variances.
(b) Any person seeking a special variance pursuant to this section shall file an application with the Safety Director or his or her designate. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, the community or other persons. Notice of an application for a special variance shall be given by the Safety Director or his designate to persons who frequent the area of the sound or activity and who may be adversely affected by the granting of the variance. Any individual who claims to be adversely affected by allowance of the special variance may file a statement with the Director or his or her designate containing any information to support his or her claim.
(c) In determining whether to grant or deny the application, the Safety Director or his or her designate shall balance the hardship to the applicant, the community and other persons of not granting the special variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impact of granting the special variance. Applicants for special variances and persons contesting special variances may be required to submit any information the Safety Director or his or her designate may reasonably require. In granting or denying the application, the Safety Director or his or her designate shall place on public file a copy of the decision and the reasons for denying or granting the special variance.
(d) Special variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any conditions of the special variances shall terminate it and subject the person holding it to those provisions of this chapter regulating the source of sound or activity for which the special variance was granted.
(e) Application for extension of time limits specified in special variances or for modification of other substantial conditions shall be treated like applications for initial special variances.
(f) The Safety Director or his designate may issue guidelines approved by Council defining the procedure to be followed in applying for a special variance and the criteria to be considered in deciding whether to grant a special variance.
(Ord. 1985-97. Passed 6-4-85.)
(g) (EDITOR'S NOTE: Former subsection (g) hereof was repealed by Ordinance 1987-134, passed July 14, 1987.)