8.12.100 Variances.

(A) The noise control officer is authorized to grant variances for a period of not more than five years from any provision of this chapter, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the noise control officer determines are appropriate to protect the public health, safety and welfare from the noise disturbance. Variances exceeding five years are not permitted. This section shall in no way affect the duty to obtain any other permit or license that may be required by law before implementing a proposed project.

(B) Any person seeking a variance pursuant to this chapter shall file an application with the noise control officer.

(1) Information which demonstrates that bringing the source of the 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; and

(2) Payment of that environmental and application fee established by resolution of the city council; and

(3) A list of the owners of each parcel of real property any portion of the outer boundary of which is within three hundred feet of the outer boundary of the parcel on which the fixed noise source for which the variance is requested is, or will be, located. This list must be certified as accurate in a manner approved by the community development director, and must be in a form approved by the director. This subdivision 3 shall not be applicable if the variance is requested for a mobile noise source; and

(4) If the noise source involves, or may involve, the use of ammunition, a list of all improved parcels that are located within one mile of the parcel on which the noise source for which the variance is requested is, or will be, located. This list must be certified as accurate and complete in a manner approved by the community development director, and must be in a form approved by that director; and

(5) Such additional information as the noise control officer may require.

(D) A separate application shall be filed for each noise source; provided, however, that variance requests involving several mobile noise sources under common ownership, or variance requests involving several fixed noise sources to be located on a single parcel, may be combined in one application.

(E) The following notice of an application for a variance shall be given. If the request for a variance is filed in conjunction with a request that the city approve a land division, use permit or other entitlement for use, the notice shall be consolidated with the notice regarding such application:

(1) The notice shall be published once in a newspaper of general circulation in the city.

(2) If the variance is requested for a fixed noise source, the notice shall be mailed to the owners of all real property located within three hundred feet of the parcel on which the fixed noise source is located or is proposed to be located.

(3) If the variance is requested for a fixed noise source, and if the noise source involves, or may involve, the use of ammunition, the notice shall be mailed to the owner of each improved parcel that is located within one mile of the parcel on which the noise source for which the variance is requested is located or is proposed to be located.

(F) A public hearing shall be scheduled before the noise control officer. At the hearing, any person who would be adversely affected by the granting of the requested variance may object orally or in writing and provide any information to support said objection.

(G) In determining whether to grant or deny the application, the noise control officer 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 by the noise disturbance, as well as any other adverse impacts that will result if the variance is granted. The variance shall be conditioned in such a way as to protect the public health, safety and welfare from the noise source. In determining the conditions to be imposed, the noise control officer shall, at a minimum, consider the magnitude of the nuisance that is or will be caused by the offensive noise, the uses of the property within the area that will be affected by the noise, operations carried on under existing nonconforming rights or previously approved conditional use permits or zoning variances, and the economic factors related to the age and useful life of the equipment that is creating the noise or will create the noise.

(H) No variance shall be granted until all conditions are agreed to by the applicant. All variances granted shall provide that noncompliance with any condition of the variance shall terminate the variance and subject the persons holding it to all of the provisions of this chapter.

(I) The applicant shall be notified of the approval or denial of the variance and of any conditions attached to the approval of a variance by certified mail within ten working days of the close of the public hearing.

(J) Appeals of an adverse decision of the noise control officer shall be made to the city council pursuant to Chapter 2.04 of this code.

(K) The noise control officer shall maintain a written record of all decisions denying or granting each variance, including the reasons for such denial or approval.