A.    The owner or operator of a noise source which the director has determined violates any of the provisions of this chapter may file an application with the director for variance from strict compliance with any particular provision of this chapter where such variance will not result in a hazardous condition or a nuisance and strict compliance would be unreasonable in view of all the circumstances. Said owner or operator shall set forth all actions taken to comply with said provision(s) and the reasons why immediate compliance cannot be achieved. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership or fixed sources under common ownership on a single property may be combined into one application.

    Upon receipt of said application and within thirty (30) days thereof, the director shall either approve such request, in whole or in part, or deny the request. In the event the variance is approved, reasonable conditions may be imposed which may include restrictions on noise level, noise duration and operating hours, an approved method of achieving compliance and a time schedule for its implementation.

    Factors which the director must consider shall include but not be limited to the following:

    1.    Uses of property within the area affected by the noise;

    2.    Factors related to initiating and completing all remedial work;

    3.    Age and useful life of the existing noise source;

    4.    The general public interest, welfare and safety;

    5.    Conditions, policies, or guidelines imposed by other agencies or other commissions including the planning commission conditions and planning commission or ALUC policies and guidelines.

    B.    Within thirty (30) days following the decision of the director on an application for a variance, the applicant may appeal the decision to the board of supervisors for a hearing de novo by filing a notice of appeal with the clerk of the board of supervisors. The board of supervisors shall either affirm, modify or reverse the decision of the director. Such decision shall be final and shall be based upon the considerations set forth in this section. (Prior gen. code § 3-107.905)