§ 930.35. Noise variances.

Subdivision 1. Authority. The Council and Manager may, consistent with this subsection, grant variances from the requirements of any provision of this section.

Subd. 2. Application. A person seeking a variance shall file an application with the Manager on forms prescribed by the Manager. The application shall state the dates during which the variance is proposed, the location of the noise source, the time of operation of the noise source, the nature of the noise source, the reasons why the variance is sought, the steps which will be taken to minimize the noise level and such other information as is required by the Manager.

Subd. 3. Action on Application: 15 days or less. If the requested variance is to last for a period of 15 days or less, the Manager may either grant or deny the request. Before granting or denying the request, the Manager may require the applicant to notify property owners within 500 feet of the noise source that the application has been made. A person claiming to be adversely affected by the granting of the variance may be given an opportunity to file a statement in opposition to the granting of the variance stating the reasons for such opposition. The Manager may conduct an informal hearing at which the applicant and persons filing statements in opposition to the variance are given an opportunity to be heard. The Manager shall thereafter either grant or deny the variance request.

Subd. 4. 15 days or more. If the requested variance would last for a period of more than 15 days, it shall be granted or denied by the Council after hearing. Upon receipt of an application for such a variance, the Manager shall give mailed notice of the Council hearing to property owners within 500 feet of the noise source. At the hearing applicant and all persons claiming to be affected by the variance request may be heard.

Subd. 5. Hardship: conditions. A variance may not be granted by either the Council or the Manager unless it is found that full compliance with this section would constitute an unreasonable hardship on the applicant, which hardship outweighs any serious adverse impact upon the health, safety or welfare of the public. In granting a variance, the Council or the Manager, as the case may be, may attach conditions including sound levels, duration, hours, design and termination of the variance.

Subd. 6. Temporary variances. The Manager may grant temporary variances pending action by the Council on an application for a variance.