A.
The planning commission is authorized to grant variances for exceptions from any provision of this chapter, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the planning commission determines are appropriate to protect the public health, safety, and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any permit or license required by law for such activities.
B.
Any person seeking a variance pursuant to this section shall file an application with the planning commission. The application 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 on the applicant, on the community, or on other persons. The application shall be accompanied by a fee in an amount determined by the city council by resolution. A separate application shall be filed for each noise source; provided, however, several mobile sources under common ownership, or several fixed sources on a single property, may be combined into one application. Notice of an application for a variance shall be published according to this code. Any individual who claims to be adversely affected by the allowance of the variance may file a statement with the planning commission containing any information to support his or her claim. If at any time the planning commission finds that a sufficient controversy exists regarding an application, a public hearing will be held.
C.
In determining whether to grant or deny the application, the planning commission shall balance the hardship of not granting the variance on the applicant, the community, and other persons against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the variance. Applicants for variances and persons contesting variances may be required to submit such information as the planning commission may reasonably require. In granting or denying an application, the planning commission shall keep on public file a copy of the decision and the reasons for denying or granting the variance.
D.
Variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate the variance and subject the person holding it to those provisions of this chapter for which the variance was granted.
E.
A variance shall not exceed three hundred sixty-five days after the date on which it was granted. Applications for the extension of time limits specified in variances or for the modification of other substantial conditions shall be treated like applications for initial variances under subsection B of this section.
F.
The planning commission shall issue guidelines defining the procedures to be followed in applying for a variance and the criteria to be considered in deciding whether to grant a variance.
(Ord. 90-03 §1, 1990)