Article VII — VARIANCES — Paradise Municipal Code

9.18.300 - Authority of NCO.¶

The NCO is authorized to grant or deny variance applications for exception from any provision of this chapter, subject to limitations as to area, noise levels, time limits and other terms and conditions as the NCO determines are appropriate to protect the public health, safety and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any permit of license required by law for such activities. (Ord. 316 §2(part), 1999)

9.18.310 - Application.¶

Any person seeking a variance pursuant to this chapter shall file an application with the NCO. The application shall contain information which demonstrates that bringing the noise source into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons.

The application shall be accompanied by a fee set by resolution of the town council.

A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property, may be combined in one application. (Ord. 316 §2(part), 1999)

9.18.320 - Granting or denial.¶

The NCO is empowered to administratively grant or deny any application for a variance not exceeding a forty-eight-hour period due to an emergency or extenuating circumstances.

In determining whether to grant or deny any application for a variance exceeding forty-eight (48) hours, the NCO shall hold a public hearing after giving a ten-day written notice to all property owners within three hundred (300) feet of the proposed variance site.

When acting on the application(s) for a variance exceeding forty-eight (48) hours, the NCO shall balance the hardship on the applicant, community and other persons of granting or denying the variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting or denying the variance.

(Ord. No. 488, § 2, 10-14-2008; Ord. 316 §2(part), 1999)

9.18.330 - Notice.¶

Variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit of the permitted activity.

The variance shall not become effective until the applicant agrees to all conditions.

Noncompliance with any conditions of the variance shall terminate the variance and require the person to comply with all provisions of this chapter. (Ord. 316 §2(part), 1999)

9.18.340 - Time limit.¶

A variance shall not exceed one hundred twenty days from the date on which it is granted. Application for extension of time limits specified in a variance or for modifications or other substantial conditions shall be treated like applications for initial variances under Section 9.18.300. (Ord. 316 §2(part), 1999)