A.
Any person who owns or operates any stationary sound source may apply
to the Commissioner of the Department of Housing and Buildings for
a variance from one or more of the provisions of this chapter.
[Amended 3-22-2005 by G.O. No. 4-2005]
B.
Applications for a permit of variance shall supply 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 hardship upon the applicant
without equal or greater benefit to the public.
C.
The applicant's failure to supply the required information required
by this article shall be cause for rejection of the application.
[Amended 3-22-2005 by G.O. No. 4-2005; 6-20-2009 by L.L. No. 3-2009]
A.
The Commissioner of the Department of Housing
and Buildings shall charge the applicant a fee of $500 per week for
all permits on properties other than one- and two-family dwellings,
and for one- and two-family dwellings, the applicant shall be charged
$250 per week.
[Amended 6-26-2012 by G.O. No. 13-2012; 5-14-2019 by L.L. No. 5-2019]
B.
The duration of the permit of variance shall
not exceed three months but may be extended by the Commissioner to
any period of time up to one year at $500 per week for all permits
on properties other than one- and two-family dwellings, and for one-
and two-family dwellings the applicant shall be charged $250 per week.
[Amended 5-14-2019 by L.L. No. 5-2019]
C.
After the first 12 months, the permit of variance
may be extended for additional times upon filing a written request
with an associated fee of $1,000 per week for all permits on properties
other than one- and two-family dwellings, and for one- and two-family
dwellings the applicant shall be charged $500 per week for each extension.
[Amended 6-26-2012 by G.O. No. 13-2012; 5-14-2019 by L.L. No. 5-2019]
D.
A copy of the permit shall be on file with the City of Yonkers Department
of Housing and Buildings.
[Amended 3-22-2005 by G.O. No. 4-2005]
In granting the application for permit of variance, the Commissioner
of the Department of Housing and Buildings shall consider:
[Amended 3-22-2005 by G.O. No. 4-2005]
The permit of variance may be revoked by the Commissioner of
the Department of Housing and Buildings if:
