§ 11-85. Special variances.

(a)

Special variances to the application of this article for a specific event may be obtained pursuant to this section for the following:

(1)

Activities requiring a permit from the City.

(2)

Activities which do not require a formal permit but do require permission to use City-owned facilities.

(3)

Activities or events held on privately owned property which may violate the provisions or restrictions of this article.

(b)

Applications for a special variance to the restrictions of this article shall be made in writing as a part of the application for a permit, or by letter, when a formal permit is not required, to the POD no later than five working days prior to the date of the event; however, this time limit shall not be used as a reason for refusal of the variance if it can be processed in a shorter time. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this article would constitute an unreasonable hardship on the applicant, on the community, or on other persons.

(c)

In reviewing an application for a special variance the POD responsible for issuing the permit shall balance the interests of the community or surrounding neighborhood, the person or persons requesting the special variance, and the City as a whole and make a recommendation to the City Administrator. The City Administrator shall grant or deny the application. The variance may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood, including but not limited to the use of mufflers, screens, or other sound attenuating devices.

(1)

Standards for issuance of a special variance shall include the following findings:

a.

A benefit will accrue to the City.

b.

The benefit to the City and its residents outweighs the temporary hardship, if any, to occupants of property in the surrounding neighborhood.

c.

A variance would advance an established policy of the City.

d.

The proposed noise violations will not be unreasonable under the circumstances and restrictions of the variance.

e.

The proposed noise violations will not unreasonably interfere with or detract from the promotion of public health, welfare and safety.

(2)

Conditions and requirements along with the expected mitigating results of the conditions and requirements shall be listed.

(d)

Special variances may be issued for no longer than 72 hours and may not be extended beyond this time limit or substantially modified after issuance.

(Code 1992, § 11-77; Ord. No. 2002-F, § 1(14-37), 9-27-1990; Ord. No. 455-G, § 1, 12-21-2000; Ord. No. 880-G, § 1, 6-19-2008)