§ 22-124. Variances.

(a)

Variances shall be for a period not to exceed one week and shall not be granted more than six months in advance of the first effective day of the activity for which the variance is granted; provided, however, that a variance may be granted more than six months in advance for events that are scheduled as part of a program or events, or series of programs or events, sponsored by a public body, or having been held for at least the previous five prior years, and/or that have a regular schedule that is published or promoted more than six months in advance of the event or the last event in the series. In the discretion of the noise control administrator, a variance may be granted for an event or series of events that are held on days identifiable by event, such as Mardi Gras, which may have a variable date each year, or for alternate locations that are in the same general area, as in the event of rain-outs.

(b)

Any person who owns or operates a sound source in one of the following categories may apply for a variance from the noise control administrator:

(1)

Private or public celebrations and events;

(2)

Nighttime construction projects; or

(3)

Homeowner construction projects.

(c)

Applications for a variance shall supply information including, but not limited to:

(1)

The nature, time, date and location of the noise source for which such application is made;

(2)

The reason for which the variance is requested, including the hardship that will result to the applicant, his client or the public if the variance is not granted;

(3)

The nature and intensity of noise that will occur during the period of the variance; and

(4)

A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom.

(5)

The name, address and means of contacting a responsible party during the hours of operation for which the variance is issued.

(d)

The noise control administrator will charge the applicant a fee of up to $50.00 per variance to cover expenses resulting from the processing of the variance application.

(e)

In making the determination on granting a variance, the noise control administrator shall consider:

(1)

The character and degree of injury to, or interference with, the health and welfare or the reasonable use of property which is caused or threatened to be caused by the sound to result from the variance.

(2)

The social and economic value of the activity for which the variance is sought.

(3)

The ability of the applicant to apply best practical noise control measures.

(f)

The variance shall enumerate the conditions of the variance, including:

(1)

Specific dates and times for which the variance is valid.

(2)

Sound level limits which may not be exceeded at the nearest affected residential property.

(g)

The variance may be revoked by the noise control administrator if the terms of the variance are violated.

(h)

A variance may be revoked by the noise control administrator, and the issuance of future variances withheld, if there is:

(1)

Violation of one or more conditions of the variance;

(2)

Material misrepresentation of fact in the variance application; or

(3)

Material change in any of the circumstances relied upon by the noise control administrator in granting the variance.

(i)

Any application for a variance must be made ten business days or more before the variance is to take effect so as to allow for notice to be given to the surrounding landowners and community. If the noise control administrator grants the variance, notice of the variance will be made public by posting the details of the variance on the outside of the office of the noise control administrator, which posting shall take place at least eight business days in advance of the event for which the variance has been granted in order to provide notice of the variance.

(Ord. No. 2000-033, § 1(XI), 4-4-2001)