(A) The Board may grant an individual variance from the limitations prescribed under the Air Quality Control Act, §§ 9-5-1-1 et seq., any regulation of the Board, or any permit condition imposed by the Department whenever it is found, upon presentation of adequate proof:
(1) That compliance with any part of the Air Quality Control Act, §§ 9-5-1-1 et seq., any regulation of the Board, or any permit condition will:
(a) Result in an arbitrary and unreasonable taking of property; or
(b) Impose an undue economic burden upon any lawful business, occupation or activity; and
(2) That the granting of the variance will not:
(a) Result in a condition injurious to health or safety; or
(b) Cause or contribute to an air contaminant level in excess of any primary national ambient air quality standard.
(B) No variance shall be granted pursuant to this section until the Board has considered the relative interests of the applicant, other owners of property likely to be affected by the discharges and the general public.
(C) Any variance or renewal thereof shall be granted within the requirements of Subsection A of this section and for time periods and under conditions consistent with the reasons therefor, and within the following limitations:
(1) If the variance is granted on the ground that there are no practicable means known or available for the adequate prevention, abatement or control of the air pollution involved, it shall be only until the necessary means for prevention, abatement or control become known and available;
(2) If the variance is granted on the ground that compliance with the particular requirement or requirements from which variance is sought will necessitate the taking of measures that, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the Board, is requisite for the taking of the necessary measures. A variance granted on the ground specified in this division (2) shall contain a timetable for the taking of action in an expeditious manner and shall be conditioned on adherence to the timetable; or
(3) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in divisions (1) and (2) of this division (C), it shall be for not more than one year.
(D) Any person seeking a variance shall do so by filing a petition for variance with the Director. The Director shall promptly investigate the petition and make a recommendation to the Board as to the disposition of the petition.
(E) Upon receiving the recommendation of the Director on the variance, the Board shall:
(1) If the recommendation of the Director favors a variance, hold a public hearing prior to the granting of any variance; and
(2) If the Director is opposed to the granting of the variance, hold a hearing only upon the request of the petitioner.
(F) In the hearing, the burden on proof shall be upon the petitioner.
('74 Code, § 6-16-8) (Ord. 13-1975; Am. Ord. 45-1984; Am. Ord. 65-1993)