§ 8.32.230. Variances.

The city manager is authorized to grant variances from any provision of this chapter, subject to terms and conditions such as, but not limited to, area, noise levels, and time limits as the city manager determines are appropriate to protect the public health, safety and welfare from the noise emanating therefrom. This section shall, in no way, affect the duty to obtain any permit required by law for such activities.

A.

Application. Any person seeking a variance pursuant to this section shall file an application with the city manager. The application shall contain 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. The application shall be accompanied by a fee in an amount set by council resolution. A separate application shall be filed for each noise source; provided, however, several fixed sources on a single property may be combined into one application.

B.

Notice. Notice of an application for a variance shall be posted in City Hall for at least five days. Any individual who claims to be adversely affected by allowance of the variance may file a statement with the city manager containing any information to support his claim.

C.

Issuance or Denial. In determining whether to grant or deny the application the city manager shall balance the hardship on the applicant, the community and other persons of not granting the variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the variance. Applicants for variances and persons contesting variances may be required to submit such information as the city manager may reasonably require. In granting or denying an application, the city manager shall keep on public file a copy of the decision and the reasons for denying or granting the variance.

D.

Conditions. Variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any conditions of the variance shall terminate the variance and subject the person holding it to those provisions of this chapter for which the variance was granted.

E.

Time Limitations. A variance will not exceed sixty days from the date on which it was granted. Application for extension of time limits specified in variances or for modification of other substantial conditions shall be treated like applications for initial variances under subsection A of this section.

F.

Appeal. Any applicant or other person aggrieved by the decision of the city manager may appeal the decision to the city council in accordance with the provisions of Section 17.66.090.

(Ord. 594 § 1, 1997: Ord. 561 § 1 (part), 1993; prior code § 695.14)