Any person who is planning the use of a sound-producing device which may violate any provision of the article may apply to the city manager for a variance from such provision.
A. Application. The application shall state the provision from which a variance is being sought, the period of time the variance is to apply, the reason for which the variance is sought and any other supporting information which the manager may reasonably require.
B. Review Considerations. The city manager shall consider:
1. The nature and duration of the sound emitted;
2. Whether the public health, safety or welfare is endangered;
3. Whether compliance with the provision would produce no benefit to the public;
4. Whether previous permits have been issued and the applicant’s record of compliance.
C. Time Duration of Variance. A variance may be granted for a specific time interval only.
D. The city manager shall within ten (10) days, deny the application, approve it, or approve it subject to conditions.
E. The city manager’s decision may be appealed to the city council. Notice of appeal should be delivered to the city recorder. The council shall review the application de novo, and within fifteen (15) days, deny the application, approve it, or approve it subject to conditions.
F. The city manager may at any time before or during the operation of a variance granted by the city manager, revoke the variance for good cause. The council may at any time before or during the operation of any variance, revoke the variance for good cause. (Prior code § 5.425)