§ 293.09. Variances.

(a)

Authority. The city council shall have authority, consistent with this section, to grant variances from the sound level restrictions contained in section 293.07 and section 293.02(d).

(b)

Application. Any person seeking a permit shall file an application with the department on a form prescribed by it. The application shall include the following information:

(1)

Name of responsible person.

(2)

Dates during which the variance is requested.

(3)

Location of all particular noise sources and times of operation.

(4)

Nature of noise sources and equipment involved.

(5)

Reasons why a variance is sought.

(6)

Steps taken to minimize the noise level.

(7)

A noise impact statement, if required by the department.

(c)

Fee. The application shall be accompanied by the payment of a fee, which fee shall be listed in chapter 310 of the Saint Paul Legislative Code.

(d)

Notice:

(1)

The department shall notify by mail all property owners within three hundred (300) feet of the sources of noise for which a variance is requested, measured from the property lines of particular noise sources. If the department finds, however, that more than one hundred fifty (150) property owners are within three hundred (300) feet of noise sources included in a variance application, it may, in its discretion, notify the management company or president of a common interest community for any multifamily dwelling units. The department may notify a management company or president of a common interest community by electronic mail if notice is actually received and the department obtains confirmation of delivery.

(2)

The notice shall include a statement describing the variance request, the date of the public hearing before the city council on the variance request, and a statement that written comments or objections may be filed with the department within fifteen (15) days of the notice.

(3)

No sound level variance may be granted that would locate the source of any amplified music, announcements, or cheer stations on Spring Street or Chestnut Plaza.

(4)

Additional notice will be provided following the provisions for early notification in Administrative Code Appendix A-11 within two (2) business days of receipt of a completed application.

(e)

Action on application:

(1)

Within thirty (30) days of receipt of the application, the city council shall hold a public hearing on the application.

(2)

After a public hearing, the council may by resolution grant, deny, modify or revoke the variance request.

(3)

The variance may be granted or modified only if the council finds that full compliance with the requirements of this chapter would constitute an unreasonable hardship on the applicant, on other persons, or on the community. The council shall balance the hardship to the applicant against the adverse impact on the health, safety and welfare of the persons affected, the adverse impact on property affected, and any other adverse effects of granting the variance.

(4)

The variance may be granted subject to conditions, including restricting the hours of operation of the noise source, a time limit for duration of the variance, or attempts the applicant shall make to bring the noise source into compliance with this chapter.

(5)

If a variance is granted, the applicant may be required to pay the city's cost of monitoring sound levels and compliance with other conditions.

(6)

Emergency variances, in which immediate work is necessary to restore property to a safe condition or when immediate work is required to protect persons or property from imminent exposure to danger, may not be restricted in hours of operation, and may supply the information stated in the application in paragraph (b) after the work has begun.

(Ord. No. 16915, 5-20-82; Ord. No. 17448, § 1, 4-28-87; Ord. No. 17614, § 1, 11-22-88; C.F. No. 02-653, § 1, 8-14-02; C.F. No. 07-149, § 70, 3-28-07; C.F. No. 08-213, § 1, 3-26-08; Ord 12-61, § 1, 11-7-12; Ord 15-67, 12-2-15; Ord 15-70, 12-9-15)

Note— Former § 293.11. See editor's note, § 293.06.