(A) The Council may grant an individual variance from the limitations prescribed in this chapter whenever it is found, upon presentation of adequate proof, that compliance with any part of this chapter will result in an arbitrary and unreasonable taking of property or will impose an undue economic burden upon any lawful business, occupation or activity and that the granting of the variance will not result in a condition injurious to health or safety.
(B) Any variance, or renewal thereof, shall be granted within the requirements of division (A) above 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 grounds that compliance with the particular requirement will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed a reasonable time as, in the view of the Council, is requisite for taking of the necessary measures. A variance granted on the ground specified in this division shall contain a timetable for taking of action in an expeditious manner and shall be conditioned on adherence to the timetable; or
(2) 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 division (B)(1) above, it shall be for not more than one year.
(C) Any person seeking a variance shall do so by filing a petition for variance with the Council. The Council shall refer the petition to the pollution control enforcement official, who shall make recommendations thereon to the Council. The Council shall make the final determination as to the disposition thereof.
(1999 Code, § 53.13) Penalty, see § 93.99