§ 15-186. Variances.

(a)

The environmental protection officer may grant a variance from any provision of section 15-182 or 15-184.

(b)

Any request for a variance from the requirements of this article shall be considered by the environmental protection officer and granted only when it is found that hardship would result from strict compliance with the provision from which a variance is sought. The environmental protection officer shall grant approval of a variance upon the determination that (1) the hardship is not self-imposed; (2) the variance is necessary; and (3) the intent and purposes of this article are achieved in granting the variance.

(c)

Any person seeking a variance shall submit an application to the environmental protection officer. At a minimum, the applicant shall provide the following information:

(1)

Identification of applicant;

(2)

Applicant's mailing address;

(3)

Legal description of property from which the sound will emanate;

(4)

Description of source of sound;

(5)

Description of sound;

(6)

Names and addresses of all abutting property owners; and

(7)

Facts and reasons justifying a variance.

(d)

The applicant for a variance shall tender an application fee in an amount determined by the board of county commissioners.

(e)

The environmental protection officer shall schedule a hearing on the variance application. The environmental protection officer shall notify the applicant for a variance and all abutting property owners no less than ten (10) days before the hearing of the time, date, and place of the hearing. If the variance application stems from a complaint, then the environmental protection officer shall notify the complainant.

(f)

At the hearing, the applicant may submit any relevant evidence or testimony. In deciding whether to grant or deny the application, the environmental protection officer shall consider the hardship which will result to the applicant, the community, and other persons if the variance is not granted, versus the adverse impact on the health, safety, and general welfare of persons if the variance is granted. The environmental protection officer shall grant or deny the variance application no later than ten (10) days after the date of the hearing. In granting or denying a variance application, the environmental protection officer shall state in writing on the application the reasons for the decision. If the decision is to grant the application, the environmental protection officer shall set forth the terms and conditions of the variance.

(g)

Any person aggrieved by the decision of the environmental protection officer may appeal pursuant to the provisions of section 15-38.

(Code 1965, § 21B-12; Ord. No. 86-26, § 12, 10-27-86; Ord. No. 95-31, § 1, 9-26-95; Ord. No. 2008-19 , § 10, 9-30-08; Ord. No. 2014-17 , § 1, 6-24-14)