Chapter 15 OFFENSES--MISCELLANEOUS*
Sec. 15-21.4. Variance procedure.
(a) Any person who believes that meeting the requirements of section
15.21.2 (a) or (b) above will create undue hardship in a particular case may
request a variance to its requirements.
(b) Requests submitted to the city
shall be in writing and shall include evidence to show that compliance will
create undue hardship and that no reasonably practicable alternative is
available.
(c) Upon receipt of a request for a variance, the city shall
schedule a hearing to be held within sixty (60) days.
(d) The applicant for
a variance, at least thirty (30) days before the hearing date, shall advertise
prominently the hearing by placing a notice in a newspaper of general
circulation in the city. The notice must include the name of the facility or
source and such additional information as the city may require.
(e) Based
upon evidence presented at the hearing, the mayor and board of aldermen may
grant a variance to section 15.21.2 (a) or (b) above for a period not to exceed
two (2) years, under terms and conditions appropriate to reduce the impact of
the variance.
(f) Variances shall be renewable after a public hearing
scheduled following the receipt by the city of evidence that conditions under
which the variance was originally granted have not changed
significantly.
(g) The applicant for a variance shall reimburse the city for
any costs incurred by the city associated with hearings and decisions related to
the variance.
(h) Variances issued under this ordinance shall be developed
in cooperation with the Maryland Department of the Environment to assure that
consistency with state noise laws and regulations is maintained. (Ord. No.
G-02-9, § 1, 6-6-02)
Editor’s note--This ordinance, as
referenced in subsection (h), is Ordinance No. G-02-9, adopted June 6, 2002,
which added sections 15-21 through 15-21.8 to chapter 15.
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