(a) Any person who owns or controls any plant, building, structure, process or equipment may apply to the Appeals Board for a variance from the provisions of this Air Pollution Code. The Appeals Board may grant such variance upon satisfactory proof by the applicant that the actual or proposed emissions will not endanger human health, safety or welfare and that:
(1) Compliance with the provisions from which a variance is sought would produce serious hardship without equal or greater benefits to the public;
(2) No practicable means are known or available for the adequate prevention, abatement or control of the air pollution involved; or
(3) Compliance with the particular provisions from which a variance is sought will necessitate taking measures which, because of their extent or cost, must be spread over a considerable period of time. A variance granted upon a finding involving this subparagraph shall contain a timetable for taking such action in an expeditious manner and shall be conditioned upon adherence to such timetable.
(b) No variance shall be granted pursuant to this section until a public hearing, with reasonable notice thereof, has been held and until the Appeals Board has considered the relative interests of the applicant, other property owners likely to be affected by the discharges or emissions and the general public. Notice of the hearing shall be given to the parties involved and to the clerk of Council.
(c) A variance shall not be granted for more than one year and may be renewed, on terms and conditions, for a period of one year. If a complaint is made to the Appeals Board concerning any variance, no renewal thereof shall be granted unless the Appeals Board, after a public hearing on the complaint, finds that the renewal is justified. No renewal shall be granted except on application therefor, which application shall be made at least sixty days prior to the expiration date of the variance. Immediately upon receipt of an application for renewal, the Appeals Board shall give public notice of such application in accordance with rules and regulations of the Board.
(d) A variance or a renewal thereof shall not be granted as a right of the applicant or holder thereof but shall be granted at the discretion of the Appeals Board, as provided in subsection (a) hereof. Any person adversely affected by any variance or renewal granted by the Board may obtain judicial relief therefor.
(e) Nothing contained in this section, and no variance or renewal granted pursuant hereto, shall be construed to prevent or limit the application of the emergency provisions and procedures of this Air Pollution Code to any person or property.
(Ord. 53-70. Passed 5-25-70.)