§ 4.88.410. Variances—Procedure.

Any person seeking a variance for a noise source which the Health Officer has determined violates any provision of this ordinance may file an application with the Noise Board of Review Secretary. Said application shall be accompanied by a fee in the amount of Fifty Dollars ($50.00). The application shall contain information that demonstrates that bringing the noise source into compliance with this ordinance would constitute an unreasonable hardship on the applicant, the community, or on other persons. The applicant shall also set forth any actions already taken to comply with the provisions of this ordinance. A separate application shall be filed for each noise source; provided, however, that several mobile sources operating within the boundaries of a single property may be combined into one application. Notice of an application for a variance shall be published (according to established jurisdictional procedure). Any individual who claims to be adversely affected by the allowance of the variance may file a statement with the Noise Board of Review containing any information to support his/her claim.

Upon receipt of the application and all supporting evidence deemed necessary by the Noise Board of Review, the Board shall within (30) days, (1) approve the application in whole or in part, or (2) deny the application.

Applicants for variances and persons contesting variances may be required to submit such information as the Board may reasonably require. In granting or denying an application, the Board Secretary shall keep on public file a copy of the decision and the reason for granting or denying the variance.

(Prior code § 4962; Ord. 2803, 10/19/82)