A.
The Mayor shall have the authority to grant a special
variance from this chapter for an event that will be held for no longer
than one day, or in an emergency where the sponsor of the event is
unable to comply with the time periods set forth below for Village
Board approval. The Mayor shall decide, in his or her discretion,
if the applicant has set forth a reasonable basis as to why he or
she cannot comply with the time periods required for Village Board
approval before acting upon the variance application.
B.
The Village Board shall have the authority to grant
special variances from this chapter for limited times and purposes.
C.
Any person seeking a special variance pursuant to this section shall file an application with the Mayor or Board, depending upon which approval is sought pursuant to Subsections A and B above. The application shall consist of a letter signed by the applicant and shall contain a legal form of verification. Such letter 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 of the applicant, on the community or on other persons. In addition, the following information shall be provided:
(1)
The plans, specifications and any other information
pertinent to the source of sound and vibration.
(2)
The characteristics of the sound and vibration emitted
by the source, including but not limited to the sound levels, the
presence of impulse sounds or discrete (pure) tones and the day(s)
and hours during which such vibration and sound is generated.
(3)
The noise abatement and control methods used to restrict
the emissions of the sound and vibration.
(4)
A time schedule for the installation of noise abatement
and control devices, technology and procedures or process modifications
that will be followed to restrict the emissions of sounds and vibrations.
(5)
The names and address of the applicant and the applicant's
agent, if any, and whether the applicant is the owner, lessee, licensee,
etc., of the premises. If the applicant is not the owner, the application
must contain the written consent of the owner.
(6)
The names and addresses of all owners of contiguous
land within 500 feet of the premises. The applicant in like manner
shall give notice of the application by certified mail, return receipt,
requested to all property owners surrounding the sound source site
within a radius of 500 feet from the borders of said site.
(7)
The basis for applying for a permit directly to the
Mayor, if applicable.
(8)
A filing fee in an amount as determined from time
to time by the Village Board.
D.
No special variance shall be required for any event
that has been authorized through issuance of a mass gathering permit,
so long as the mass gathering permit specifies that noise control
has been reviewed and approved, with any special conditions listed,
pursuant to this chapter.
After reviewing all information submitted by
the applicant, and any additional information he or she deems necessary,
the Mayor shall determine whether to grant or deny the application.
The decision shall be transmitted to the Village Clerk, 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 Mayor attached.
A public hearing shall be required for all variance
applications heard by the Village Board. Upon reasonable public notice
published in the official newspaper of the Village of Tivoli and posted
upon a public notice board designated for that purpose by the Village
of Tivoli in the Village office, for a minimum of 10 days, the Village
Board shall hold a public hearing on the special variance application.
The Board, upon reviewing all input from the public 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 Village Clerk, 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
Village Board 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 his/her 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 Village of Tivoli whenever requested.
Activity conducted under the special variance
shall be open to inspection at any time by any agent of the Village
of Tivoli.
A.
In determining whether to grant or deny the application,
the Board or Mayor, as applicable, 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 Board and Mayor
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 Board and Mayor 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.
If any provisions of this chapter is held to
be unconstitutional or otherwise invalid by any court of competent
jurisdiction, the remaining provisions of the chapter shall not be
invalidated.
