§ 8.12.1010. Conditions for granting; health officer authority.

(a)

Variances from the requirements of this division may be granted by the health officer for a period of not to exceed two years, subject to such terms, conditions and requirements as he may deem reasonable. A variance may be granted only if the health officer makes the findings that:

(1)

Additional time is necessary for the applicant to alter or modify his activity, operation or noise source to comply with this chapter; or

(2)

The activity, operation or noise source cannot feasibly be done in a manner that would comply with the provisions of this chapter, and no other reasonable alternative is available to the applicant.

(b)

In granting a variance, the health officer may prescribe any conditions or requirements he deems necessary to minimize adverse effects upon the community or the surrounding neighborhood.

(c)

In granting variances, the health officer shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area of impingement by the noise, operations carried on under existing nonconforming rights or conditional use permits or zone variances, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of the equipment, the general public interest, health and welfare, the feasibility of plans submitted for correction, and the effect on the community if the variance was refused.

(Ord. No. 14(1989), § 2(12.08.580), 6-27-89)