1. Any person desiring to exceed the permitted sound levels set out in this chapter may apply to the City for a variance from such regulations.
2. All applicants for such variances shall apply in writing to the City Administrator. Such application shall be submitted at least 60 days prior to the proposed date of the need for the variance.
3. All variance applications shall contain the following information:
A. The name and address of the applicant.
B. If the application is made on behalf of an organization, the name and address of that organization.
C. The name and phone number of a contact person.
D. The proposed dates of the event for which a variance is required.
E. A description of the event and its potential cause for excessive noise.
F. The times the event will generate excessive noise.
G. Information which would demonstrate that bringing the source of sound or activity for which the sound variance is sought, into compliance, would constitute an unreasonable hardship on the applicant, on the community, or on other persons.
4. An application for a variance shall be submitted to the City Administrator accompanied by a nonrefundable fee of $100.00 to cover the cost of processing the application.
5. Upon receipt of an application for a sound variance, the City Administrator shall determine what property interests may be affected by the grant of a variance, including, but not limited to:
A. The occupants of surrounding single-family or duplex residences located in an area that includes the next two homes in any direction, or those within 100 feet of the noise source, whichever is less; or
B. The owner or manager of multiple residence structures, including hotels.
6. The City Administrator shall notify such property owners or occupants as identified in subsection 5 above, in writing, and delivered by the U.S. Postal Service, ordinary mail, of the application for a sound variance and give ten days to the affected property owners or occupants to give written cause why the variance should not be granted. Additionally, the City Administrator shall cause a notice of variance application to be published in a local publication.
7. If the City Administrator receives written statements from 25% or more occupants who claim to be adversely affected by allowance of the sound variance, the City Administrator shall schedule a hearing to consider the application for a variance.