§ 16.44.050. Variances.

A.

Any person seeking to perform construction activities which would be in violation of Section 16.44.030 must, prior to engaging in activities prohibited under Section 16.44.030, make an application to the director of the department of codes administration and obtain a permit to perform such activities. Such a permit shall not be granted unless the applicant establishes the following:

1.

Any noise, resulting from the construction, repair or demolition activities, even though the applicant might create noise in excess of that permitted in Section 16.44.030, will not be of such magnitude as to interfere with normal activities conducted within the residential zone district during the hours of the proposed construction activities; and

2.

The applicant has obtained all other approvals and permits for said construction activities as required by the metropolitan code of laws; or

3.

The overriding public interest (as opposed to the private interest of the applicant or the owner of the property upon which said construction activities shall occur) will be significantly promoted by permitting the applicant to create noise in excess of that permitted in Section 16.44.030.

B.

Notice of an application for a variance shall be given by the director of the department of codes administration to persons who may be adversely affected by the granting of the variance and to the district councilmember. Any person who claims to be adversely affected by such a variance, if allowed, may file a written statement with the director. Such statement shall contain sufficient factual information to support the claim.

C.

Variances shall be granted by notice to the applicant containing any necessary conditions, including a time limit on the permitted activity. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate it and subject the person holding it to the requirements of Section 16.44.030.

D.

Requests for extension of time limits specified in a variance or for modification of other substantial conditions shall be treated as an application for an initial variance.

E.

Variance requests shall be acted upon as expeditiously as possible. Failure of the director of the department of codes administration to render a decision on a request for a variance within ten days of its submission shall result in the variance being granted.

(Prior code § 11-1-17.10(c))