(a) Variances.
(1) Authority. The Noise Control Board shall have the authority to grant variances, consistent with the provisions of this section, after public hearing, upon application of any person who owns, controls or operates any sound source which does not comply with the provisions or standards of this chapter.
(2) Application. The application shall state the standard, provision or section from which the variance is being sought and the period of time and reasons for which the variance is sought. It shall contain information which demonstrates that bringing the sources of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, and it shall contain any other supporting information which may reasonably be required.
(3) Public notification. Public notice of an application and the date, time and place of the public hearing to be held thereon for a variance shall be given by publishing notice thereof in a newspaper of general circulation in the City at least once, not less than three days prior to the scheduled public hearing, and by, if practicable, conspicuously posting the premises that is the source of the sound for which the variance is sought.
(4) Hearing. The Board shall hold a public hearing to decide variance applications presented to it. Any person who claims to be affected by allowance of the variance may become a party to the hearing.
(5) Review standards. In determining whether to grant or deny the application, the Board shall balance the hardship to the applicant versus the adverse impact to the public health, safety and welfare and shall consider at a minimum the following conditions:
A. The physical characteristics of the emitted sound;
B. The times and duration of the emitted sound;
C. The geography, zone and population density of the affected area;
D. Whether the public health and safety is endangered;
E. Whether the sound source predates the receivers; and
F. Whether compliance with the standards from which the variance is sought would produce hardship without equal or greater benefit to the public.
(6) Decision. The Board shall render a written decision in granting or denying the application for variance and, if denied, shall state the reasons therefore. The Board’s decision shall be made available to the applicant and any other person who requests it in writing. In granting a variance the Board may attach reasonable conditions, including but not limited to placing a time limit on the permitted activity and/or establishing a time schedule within which the source of sound or activity for which the variance was sought must be brought into compliance with this article. Where the grant of a variance is conditioned, the variance shall not become effective until all conditions are agreed to and/or complied with by the applicant. Noncompliance with any condition of the variance shall terminate it and subject the person holding it to those provisions of this article regulating the source of sound or activity for which the variance was granted. Variances may be granted for a period of up to one year. The person obtaining the variance may reapply for additional variance periods under terms set forth by the applicant and the Board.
(7) Appeals. Appeal from an adverse decision of the Board shall be made to the Court of Common Pleas of York County.
(b) Special Variances. The Chief of Police, the Police Commissioner or his designee may, upon application and guided by the standards for review set forth in subsection (a)(5) hereof, grant special variances for infrequent events or activities which do not exceed twenty-four hours in duration. Such special variances are not renewable except by action of the Board pursuant to subsection (a) hereof. The Board shall hear and decide all appeals from the denial of a special variance, the practice and procedure thereon to be in accordance with subsection (a) hereof.
(c) Noise Control Board. The Noise Control Board for the purposes of this chapter shall be the Nuisance Abatement Board of Appeals as established by Article 1751 of the Codified Ordinances, which Board, in addition to its other duties as outlined by Article 1751 of the Codified Ordinances, shall have full authority to carry out the duties of the Noise Control Board, as set forth in this chapter. All applications to the Board shall be filed through the Director of the Department of Community Development or his or her designee and shall be accompanied by application fee, which shall be set by Council. The hearing shall be held not more than thirty days following the filing of the application and the decision thereon rendered within forty-five days of the last hearing in the case before the Board.
(Ord. 27-2007. Passed 9-4-07.)