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.