§ 74-135. Conditions for permits for temporary variance; notice of approval or denial; hearings and appeals.

(a)

Any person who owns the real property from which a noise source emanates or operates any noise source may, with the permission of the owner, apply with a designee of the commissioner of the department of city planning for a temporary variance from one or more of the provisions of this article, unless such noise source is specifically exempted according to the provisions of section 74-132. This application, and the procedures for completing this process, shall be posted on the City of Atlanta's website. Failure to supply the information required thereby be cause for rejection of the application. Applications for a permit of temporary variance shall supply information including, but not limited to:

(1)

The nature and location of the noise source for which such application is made;

(2)

The reason for which the permit of temporary variance is requested, including the hardship that will result to the applicant, his/her client, or the public if the permit of temporary variance is not granted;

(3)

The section or sections of this article for which the permit of temporary variance shall apply;

(4)

A description of interim noise control measures to be taken for the applicant to minimize noise and the impacts occurring from the noise for which the variance is sought; and

(5)

A specific schedule of the noise control measures that shall be taken to bring the source into compliance with this article within a reasonable time; and

(6)

An affidavit stating that notice has been provided to the department of city planning for transmission to the NPU and the councilmembers (district and at-large) for the council district and council post where the variance is to be operational.

(b)

The applicant shall pay a fee of $25.00 to cover expenses resulting from the processing of the application for a permit of temporary variance.

(c)

Any permit of temporary variance shall be effective no longer than 14 days. Any person holding a permit of temporary variance may request an extension of time through the process for applying for a new permit of temporary variance according to the provisions of this section.

(d)

The designee of the commissioner of the department of city planning shall notify the applicant in writing of his or her determination on the application within 14 days after receipt of the application. This notification shall inform the applicant of whether a permit for temporary variance has been approved or denied; and, if approved, shall set forth the location, dates and times of temporary variance.

(e)

The permit of temporary variance may be revoked by the designee of the commissioner of the department of city planning if the terms of the permit of temporary variance are violated.

(f)

In the event a permit for temporary variance shall be denied, or revoked, the aggrieved applicant shall have the right to a hearing before the commissioner of the department of city planning, or a hearing officer appointed by the commissioner of the department of city planning for that purpose, provided that the request for such hearing is made to the department of city planning within five days after receipt of the notice. Notices that are given only by mail shall be presumed to have been received three days after the mailing. Notices given in person, hand-delivered to the address of the applicant or sent by facsimile transmission or electronic mail shall be presumed to have been delivered on the date given or sent.

(1)

Hearings contesting the matters in the notice shall be held before the commissioner of the department of city planning or the hearing officer, shall be informal, and shall be scheduled within five business days after receipt of the request for a hearing by the department of city planning. The hearing may be continued at the request of the applicant or to allow the attendance of any necessary party or witness, but only from day to day. The determination on such hearing shall be made at the conclusion of the hearing, and the commissioner of the department of city planning or the designee shall issue a written determination within one business day thereafter, which determination shall affirm or reverse the original decision.

(2)

The hearing under this section shall be de novo and shall be informal. Such hearing shall evaluate the original decision and the application in accordance with the criteria of this article.

(3)

The written determination of the commissioner of the department of city planning or the designee upon the conclusion of the hearing as provided in this section shall be the final decision of the city in the matter, and such a determination shall be subject to review by the Superior Court of Fulton County via a writ of certiorari.

( Ord. No. 2017-59(17-O-1555), § 2, 10-16-17 ; Ord. No. 2018-34(18-O-1414), § 3, 8-29-18 )