Part 6 — VARIANCES

12.08.580 - Conditions for granting variances—Health officer authority.

A.

Variances from the requirements of this chapter may be granted by the health officer for a period of not to exceed two years, subject to such terms, conditions and requirements as he may deem reasonable. A variance may be granted only if the health officer makes the findings that:

1.

Additional time is necessary for the applicant to alter or modify his activity, operation or noise source to comply with this chapter; or

2.

The activity, operation or noise source cannot feasibly be done in a manner that would comply with the provisions of this chapter, and no other reasonable alternative is available to the applicant.

B.

In granting a variance, the health officer may prescribe any conditions or requirements he deems necessary to minimize adverse effects upon the community or the surrounding neighborhood.

C.

In granting variances, the health officer 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 zone 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, the general public interest, health and welfare, the feasibility of plans submitted for correction, and the effect on the community if the variance was refused.

(Ord. 11778 § 2 (Art. 7 § 701), 1978; Ord. 11773 § 2 (Art. 7 § 701), 1978.)

Every applicant for a variance shall file with the health officer a written application on a form prescribed by the health officer. The application shall state the name and address of the applicant, the nature of the noise source involved, and such other information as the health officer may require.

(Ord. 11778 § 2 (Art. 7 § 702), 1978; Ord. 11773 § 2 (Art. 7 § 702), 1978.)

Every applicant shall pay a fee of $25.00 for each application for variance.

(Ord. 11778 § 2 (Art. 7 § 703), 1978; Ord. 11773 § 2 (Art. 7 § 703), 1978.)

12.08.610 - Application—Action by health officer.

A.

The health officer shall act, within 30 days, if possible, on an application for a variance, and shall notify the applicant of the action taken, namely, approval, conditional approval, or denial. Before acting on an application for a variance, the health officer may require the applicant to furnish further information. Failure of the applicant to provide such further information may be grounds for denial of the variance.

B.

In the event of denial of an application for a variance, the health officer shall notify the applicant in writing of the reasons therefor. The health officer shall not accept a further application unless the applicant has complied with the objections specified by the health officer as his reasons for denial.

(Ord. 11778 § 2 (Art. 7 § 704), 1978; Ord. 11773 § 2 (Art. 7 § 704), 1978.)

The applicant may at his option deem the variance denied if the health officer fails to act on the application within 30 days after filing or within 10 days after applicant furnishes the further information requested by the health officer, whichever is later.

(Ord. 11778 § 2 (Art. 7 § 705), 1978; Ord. 11773 § 2 (Art. 7 § 705), 1978.)

12.08.630 - Public hearing—For reconsideration of health officer decision.

Within 10 days after notice by the health officer of the decision on application for variance, any interested party may petition the health officer in writing for a public hearing to reconsider the decision. The health officer shall thereupon appoint a hearing officer to conduct said hearing.

(Ord. 11778 § 2 (Art. 7 § 706), 1978; Ord. 11773 § 2 (Art. 7 § 706), 1978.)

A.

Based upon the evidence presented at the public hearing, the hearing officer may affirm, modify or reverse the previous determination subject to such terms, conditions and requirements as he may deem necessary. The hearing officer shall be guided by the same considerations as set forth in Section 12.08.580.

B.

A decision by the hearing officer to grant a variance may be made only if the hearing officer makes the findings that:

1.

Additional time is necessary for the applicant to alter or modify his activity, operation or noise source to comply with this chapter; or

2.

The activity, operation or noise source cannot feasibly be done in a manner that would comply with the provisions of this chapter, and no other reasonable alternative is available to the applicant.

C.

The decision of the hearing officer shall be by written order, and shall be final. Appeals from an adverse decision shall be made to a court of competent jurisdiction.

(Ord. 11778 § 2 (Art. 7 § 707), 1978; Ord. 11773 § 2 (Art. 7 § 707), 1978.)