(1) Variances may be granted to any person from any requirement of Section 8.80.020 of this Chapter if findings are made that any such variance is in the public interest and that the proposed activity will have a substantial public participation.

(2) Variances may be granted to any person from any requirement of Section 8.80.020 of this Chapter if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic and physical factors, encroachment upon existing noise source or because of non-availability of feasible technology or control methods.

(3) Application shall be made to the Chief of Police. Variances shall be issued only upon application in writing and after providing such information as may be requested. No variance shall be issued for a period of more than thirty days except upon due notice to the public with opportunity to comment. Public hearings may be held, when substantial public interest is shown, at the discretion of the Chief of Police.

(4) Any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances.

(5) An implementation schedule for achieving compliance with this Chapter shall be incorporated into any variance from Section 8.80.020 that is issued.

(6) Sources of noise, subject to this Chapter, upon which construction begins after the effective date hereof shall immediately comply with the requirements of this Chapter, except in extraordinary circumstances where overriding considerations of public interest dictate the issuance of a variance.

(7) A decision of the Chief of Police regarding a request for a variance may be appealed to the hearing Examiner within ten days of the decision of the Chief of Police. Such appeal must actually be received by the City Clerk within such ten (10) days. (Ord. 05-8 §5, 2005; Ord. 99-26 §6, 1999; Ord. 87-28 §10, 1987; Ord. 82-20 §1, 1982).