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Ordinance No. 20378
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2007 No. 20375-20400
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Ordinance No. 20378
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Last modified
6/10/2010 3:50:09 PM
Creation date
3/8/2007 10:30:33 AM
Metadata
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Template:
Council Ordinances
CMO_Document_Number
20378
Document_Title
Noise Disturbances
Adopted_Date
2/26/2007
Approved Date
3/5/2007
CMO_Effective_Date
4/4/2007
Signer
Kitty Piercy
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<br />Ordinance - 5 <br /> <br />considered received until all required information and the fee have <br />been submitted. <br />(b) Public notification. The city shall give written notice of the <br />application to any officially recognized neighborhood association <br />in whose boundaries the sound source is located. The city shall <br />also post written notice at the sound source location and provide <br />copies of the notice to owners and occupants of properties located <br />within 300 feet of the sound source location. The notice shall <br />state the date by which the application will be considered, the <br />nature of the variance to be considered, and where persons may <br />file written comments regarding the application. <br />(c) Decision. <br />1. The city manager shall grant or deny the variance within 14 <br />days of receiving a complete variance application. The time <br />for decision may be extended to 30 days if a public hearing <br />on the application is held. <br />2. The city manager may, on the city's manager's own motion, <br />hold a public hearing on the application before deciding to <br />grant or deny the variance. <br />3. The city manager may grant a variance after considering the <br />written application for variance, any written comments, and <br />the applicant's compliance with variance conditions <br />previously imposed. The variance may be granted by the <br />city manager when it appears that compliance with the <br />standards from which the variance is sought will produce <br />unnecessary hardship to the applicant without equal or <br />greater benefit to the public or that the purposes of the noise <br />disturbance provisions can be served without a strict <br />application thereof. <br />4. The city manager may impose limitations and conditions <br />granting the variance in order to protect affected persons <br />from the noise disturbance. A violation of any such condition <br />or limitation shall constitute a violation of section 6.075 of <br />this code and grounds for revocation of the variance. <br />5. A decision to grant or deny a variance shall be in writing and <br />shall state the reasons for such decision. The city manager <br />shall notify the applicant of the decision and shall make it <br />available to any person who has submitted written <br />comments on the application. <br />6. The city manager may revoke a variance without a hearing <br />upon finding that: <br />a. The applicant has provided false or misleading <br />information, or omitted disclosure of a material fact, on <br />the application or related material; <br />b. The applicant is operating the sound source in violation <br />of this code or applicable local, state or federal law; <br />
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