§ 13-285. Variance procedure

(a) The owner or operator of a noise source which violates any provision of this chapter may file an application with the development services director for a variance from the provisions of this chapter. Variance applications shall be processed according to procedures set forth in Chapter III, Planning Applications. The application shall set forth all actions taken to comply with this chapter, the reasons immediate compliance cannot be achieved, a proposed method and time schedule for achieving compliance, and any other information requested by the director.

(b) An applicant shall remain subject to prosecution under the terms of this chapter until a variance is granted.

(c) All applications shall be evaluated with respect to time for compliance, subject to any conditions deemed reasonable to achieve maximum compliance with this chapter. Each variance granted shall set forth the approved method and time schedule for achieving compliance. Evaluation of the variance request shall include consideration of the magnitude of the noise nuisance; the uses of property affected by the noise; the time factors related to study, design, financing, and construction of remedial work; the economic factors related to age and useful life of equipment; and the general public interest and welfare.

(Ord. No. 97-11, § 2, 5-5-97)