20.08.150 Variances.
A. A person may request a variance from compliance with this chapter by making an application with the administrator at least thirty days before the time period for the variance is to take effect. The application shall be in writing and shall be accompanied by a fee in the amount of one hundred dollars. The variance may not be used for private activities (weddings, parties, etc.). The applicant shall explain the:
1. Nature of the noise.
2. Source of the noise.
3. Duration for which the noise will be created.
4. Time period for which the variance will be necessary.
5. Reason why the noise violation cannot be avoided, and
6. Mitigating conditions the applicant will implement to minimize the noise level violations.
7. The applicant shall list all property owners who adjoin the subject property per county assessor records, except that (a) the administrator may waive this property owner list requirement if the administrator determines that the granting of the variance would have no significant effect on adjoining property owners, and (b) the administrator may increase the required property owner list to include all property owners within five hundred feet of the subject property per county assessor records if the administrator determines that the granting of the variance would have a significant impact on such property owners.
B. The administrator, after informing the affected city departments, and after considering the relative interests of the applicant, of the other owners or possessors of property likely to be affected by the noise, and of the general public, may grant a variance if the administrator determines that the noise level violations:
1. Cannot be avoided,
2. Will exist for a specific period of time,
3. Will not endanger public health, safety or welfare, and
4. Have been mitigated to the greatest extent reasonably possible.
C. Variances granted pursuant to this chapter shall be in writing and must include the time period the variance will be in effect and the location of the variance.
D. The administrator may deny a variance application if:
1. The administrator determines that the applicant does not meet the criteria listed in subsection B of this section; or
2. The variance was obtained with false or misleading information.
E. The administrator may revoke a variance if:
1. At any time during the variance the administrator determines that the variance holder no longer meets the criteria listed in subsection B of this section;
2. The variance holder causes or permits noise that fails to comply with the variance or other provisions of this chapter not affected by the variance and the issuance of a violation citation or stop work order has been or would be ineffective to secure compliance; or
3. The variance was obtained with false or misleading information.
F. The variance holder must post the variance in a viewable area at the location of the variance or keep it on their person during the effective period of the variance.
G. If the administrator grants a variance, notice shall be mailed by first class mail to those property owners appearing on the list provided by the applicant per the application requirement herein. The applicant shall be responsible for paying all mailing costs, which shall be in addition to the variance application fee.
H. Any variance granted by the administrator shall be restricted in duration and an implementation schedule for achieving compliance with this chapter shall be incorporated therein. No variance shall exceed thirty days. Variances may be renewed, but no renewal shall be granted unless application is made at least sixty days prior to expiration of the issued variance and the applicant complies with all other requirements of this section.
I. Any person aggrieved by a variance decision may file an appeal in writing with the land use hearing examiner within ten days of issuance of the administrator’s decision. The appeal shall be a proceeding pursuant to Title 15, Review Process IIIA. The appellant must prove by clear and convincing evidence that the administrator abused his or her discretion in a decision made pursuant to this section. Any appeal of a variance decision by the administrator may be affirmed, reversed, or modified by the hearing examiner. The decision of the hearing examiner shall be final. The applicable provisions of Title 15 shall govern procedure and process of any appeal of an administrator’s decision, except that public notice requirements established in Section 15.24.110 do not apply to this appeal process. Further, where a provision of Title 15 conflicts with a provision of this section, this section controls. (Ord. 3509-16 § 14, 2016; Ord. 534-78 § 9, 1978.)