A.
The Town Zoning Board of Appeals shall have the authority
to grant special variances for limited times and purposes of this
chapter.
B.
Any person who owns or operates any stationary noise
source may file an application with the Town Code Enforcement Officer
for a special variance from any of the provisions of this chapter.
The application shall consist of a letter signed by the applicant
and shall contain information, including but not limited to:
(1)
The name and address of the applicant;
(2)
The nature and location of the noise source for which
such application is made;
(3)
The reason for which the permit of variance is requested,
including the hardship that will result to the applicant or the public
if the permit of variance is not granted;
(4)
The nature and intensity of noise that will occur
during the period of the variance;
(5)
The section or sections of this chapter for which
the permit of variance shall apply;
(6)
A description of interim noise control measures to
be taken by the applicant to minimize noise and the impact occurring
therefrom;
(7)
A specific schedule of noise control measures;
(8)
A presentation of adequate proof that noise levels
occurring during the period of the variance will not constitute a
danger to public health;
(9)
A presentation of adequate proof that compliance with
this chapter would impose an arbitrary or unreasonable hardships upon
the applicant without equal or greater benefit to the public;
(10)
The names and addresses of all owners of land
within 500 feet of the boundary of the property with the stationary
noise source. The applicant in like manner shall give notice of the
application by certified mail, return receipt requested, to the listed
property owners; and
[Amended 5-17-2022 by L.L. No. 4-2022]
(11)
A filing fee of $25.
C.
The applicant's failure to supply the required information
required by this article shall be cause for rejection of the application.
D.
The duration of the permit of a special variance shall
not exceed one year but may be limited by the Zoning Board of Appeals
to any period of time up to one year.
[Amended 5-17-2022 by L.L. No. 4-2022]
Upon notice provided under § 62-3, the Zoning Board of Appeals shall hold a hearing on the special variance application. The Zoning Board of Appeals, upon reviewing all input from the hearing and obtaining any additional data or information as deemed necessary, shall then pass upon the application by resolution. The decision shall be transmitted to the Zoning Inspector, who will advise the applicant of such decision by transmitting a copy of the special variance application to the applicant with the decision and conditions, if any, imposed by the Zoning Board of Appeals attached.
This chapter does not preclude the necessity
of the applicant to obtain the approval or permit required by any
other agency before proceeding with the action approved under the
approved special variance. No action may be initiated by the applicant
until such time that other permits, as may be required, are issued.
The applicant or the applicant's agent shall
have readily available the approved special variance at the location
or site for which the variance has been issued and shall show same
to any agent of the Town whenever requested.
Activity conducted under the special variance
shall be open to inspection at any time by any agent of the Town.
The permit of a special variance may be revoked
by the Zoning Board of Appeals if:
A.
In determining whether to grant or deny the application,
the Zoning Board of Appeals shall balance the hardship to 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 the property affected and any other adverse
impacts of granting the special variance.
B.
In connection with this section, the Zoning Board
of Appeals shall cause the taking of sound level readings in the event
that there shall be any dispute as to the sound levels prevailing
or to prevail at the sound source site.
C.
The Zoning Board of Appeals shall have the power to
impose restrictions, conditions and the recording of covenants upon
any sound source site, including time limits on permitted activity
in the event that it shall grant any variance hereunder.
