13.40.090 Issuance of variances by the NCO.
The creation of any noise which exceeds the standards specified in this chapter that is not otherwise exempt requires the issuance of a variance. The EHD shall evaluate all applications for variances from the requirements of this chapter and may grant said variances with respect to time for compliance, subject to such terms, conditions, and requirements as it may deem reasonable to achieving compliance with the provisions of this chapter. Each such variance shall set forth in detail the approved method of achieving compliance and a time schedule for its accomplishment. If in the judgment of the EHD the time for compliance cannot be reasonably determined, a variance to cause the noise may be issued for a period not to exceed three years. In determining the reasonableness of the terms of any proposed variance, the EHD shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area of impingement by the noise, operations carried on under existing nonconforming rights or conditional use permits or zoning variances, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of the equipment and the general public interest and welfare.
A. Any person seeking a variance pursuant to this section shall file an application with the EHD. 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, or the community, or on other persons.
A separate application shall be filed for each noise source; provided, however, that several mobile sources are under common ownership, or several fixed sources on a single property may be combined into one application. Notice of an application for variance shall be posted for 12 working days in the area of the proposed variance, which notice shall state the last the day to file an objection to the variance. If an individual who claims to be adversely affected by allowance of the variance files a written objection by the deadline provided in the notice with the EHD objecting to the proposed variance, the EHD will facilitate discussion with the applicant to mitigate that individual’s concerns. Any late written objections shall be taken into consideration for future events.
B. In determining whether to grant or deny the application, the EHD shall balance the hardship on the applicant, the community, and other persons of not granting variance against the adverse impact on the health, safety, and welfare of persons 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 EHD may reasonably require. In granting or denying an application, the EHD shall keep on public file a copy of the decision and the reasons for denying or granting the variance.
C. 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. (Ord. 7122-NS § 9, 2009: Ord. 5500-NS § 1 (part), 1982)