§ 9-109. Noise variances.

(a)

Special variances. Variances may be granted from the provisions of this article subject to the following:

(1)

The board of adjustment is authorized to grant variances for exception from any provision of this article subject to limitations as to area, noise levels, time limits, and to impose other terms and conditions as the board of adjustment determines are appropriate to protect the public health, safety and welfare from the noise emanating therefrom. Conditions may include, but shall not be limited to, maximum noise (decibel) levels for a.m. and/or p.m. hours, monitoring and/or enforcement requirements. This section shall in no way affect the duty to obtain any permit or license required by law for such activities.

(2)

Any person seeking a variance pursuant to this section shall file an application with the board of adjustment. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this article would constitute an unreasonable hardship on the applicant, on the community or on other persons. Any individual who claims to be adversely affected by allowance of the variance may file a statement with the board of adjustment containing any information to support their claim.

(3)

In determining whether to grant or deny the application, the board of adjustment shall balance the hardship on the applicant, the community and other persons of not granting 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 the variance. Applicants for variances and persons contesting variances may be required to submit any information the board of adjustment may reasonably require. In granting or denying an application, the board of adjustment shall keep on public file a copy of the decision and the reasons for denying or granting the variance, which may consist of the minutes.

(4)

Variance shall be granted by notice to the applicant containing all necessary conditions, including, but not necessarily limited to, a time limit on the permitted activity. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate the variance and subject the persons holding it to those provisions of this article for which the variance was granted.

(5)

If granted, the term of the variance shall be concurrent with the term of the companion conditional use, or other approval, which necessitated the variance request. However, the board of adjustment may require a shorter term for the variance based upon a review and consideration of the following criteria:

a.

Character of the area;

b.

Compatibility with the current zoning and land uses of the surrounding area;

c.

Compatibility with the future land use designations relative to the site and surrounding area;

d.

Size of site and extent to which applicant has located the facilities within the site to minimize off-site noise impacts;

e.

The amount and type of buffering and/or other methods of noise reduction;

f.

Projected life of proposed use/facilities; and

g.

The extent of the variance being sought.

(b)

Appeals: Decisions of the board of adjustments may be appealed by an affected party to the board of county commissioners for hearing upon the filing with the county of a notice of appeal within ten (10) days from the day a decision is rendered by the board of adjustments. The appeal hearing before the board of county commissioners shall be quasi-judicial and conducted de novo. The decision by the board of county commissioners shall be final.

(Ord. No. 86-6, § 7; Ord. No. 94-14, § 4, 5-10-94; Ord. No. 00-12, § 1, 5-22-00; Ord. No. 13-34, § 8, 9-19-13; Ord. No. 2018-12, § 1, 2-19-18)