The text
(a)
The town council shall have the authority, consistent with this section, to grant sound variances from this article after a public hearing.
(b)
Any person seeking a sound variance under this section shall file an application with the town council. The application shall contain information which demonstrates that bringing the source of sound or activity for which the sound variance is sought into compliance with this article would constitute an unreasonable hardship on the applicant, on the community or on other persons.
(c)
All applications shall be subject to the application fee as set forth in section 11-1. Notification and advertisement shall be in accordance with provisions for a variance as set forth in the town zoning ordinances.
(d)
In determining whether to grant or deny an application, or revoke a variance previously granted, the town council shall balance the hardship to the applicant, the community and other persons if the sound variance is not allowed, against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impact, if the sound variance is allowed. The town council may grant the relief as applied for if it finds:
(1)
That additional time is necessary for the applicant to alter or modify his activity or operation to comply with this section; or
(2)
The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that would comply with other subsections of this section; and
(3)
That no other reasonable alternative is available to the applicant.
Applicants for sound variances and persons contesting sound variances may be required to submit any information that the town council may reasonably require. In granting or denying an application or in revoking a sound variance previously granted, the town council shall place on public file a copy of the decision and the reasons for granting, denying or revoking the sound variance.
(e)
Sound variances shall be granted by notice to the applicant containing all conditions necessary to minimize adverse effects upon the community or the surrounding neighborhood, including a time limit on the permitted activity. The sound variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the sound variance shall terminate it and subject that person to those provisions of this article regulating the source of sound or activity for which the sound variance was granted.
(f)
Determination of modification of a granted variance shall also be made in accordance with the rules and procedures set forth in this section.
(Code 1986, § 9-28; Ch. 849, § 1, 7-7-2004)