(A) (1) Any person may apply to the City Commission for a variance from the provisions of this chapter and/or the rules or to appeal a decision of the Director.
(2) Applications for variances and appeals shall be filed with the City Clerk and shall be accompanied by an application fee of $50.
(3) Such application shall contain the name and address of the applicant, the premises and installation for which the variance or appeal is sought, a description of the installation and the reason or reasons for seeking the variance or appealing the decision of the Director.
(B) (1) The City Commission shall grant a variance from any provision of this chapter or the rules and suspend the enforcement thereof as to any person who shows that compliance by the person with this chapter or the rules in the acquisition, installation, operation and maintenance of facilities and equipment would constitute an undue hardship on the person and would be out of proportion to the benefits to be obtained thereby.
(2) A variance shall not be granted under the provisions of this section where the person applying therefor is causing air pollution which is injurious to the public health.
(3) Any variance granted shall not be construed to relieve the person who shall receive it from any liability imposed by other law for the commission or maintenance of a nuisance.
(C) (1) Any variance granted pursuant to this section shall be granted for such period of time, not exceeding one year, as is specified by the City Commission at the time of granting the variance.
(2) The variance may be extended by the City Commission.
(3) Any variance granted may be conditioned on the person receiving the variance making reports to the commission periodically as to the progress which the person has made towards reaching compliance with the provision of this chapter.
(D) Any decision of the Director which is appealed may either be affirmed, reversed or modified by the City Commission following a hearing at which both the person seeking the appeal and the Director may have an opportunity to present evidence and argument on issues of fact.
(Prior Code, § 9.215) (Ord. effective 5-31-1991)