§ 4-32 QUORUM OF BOARD; VOTE OF MAJORITY NECESSARY TO REVERSE DECISION AND THE LIKE; ENTERED UPON RECORD.

   Five members of the Board shall constitute a quorum. The Board shall act by resolution or motion, and the concurring vote of the majority of the Board shall be necessary to reverse any decision, ruling or order of the Director, or to decide in favor of an applicant in any matter on which it is required to pass under this ordinance, or to the effect any variance from the requirements stipulated in this ordinance. The grounds of every such decision, ruling or order shall be set forth upon the record.

(Ord. 2494, passed 5-12-1975)

§ 4-33 DUTY OF CITY DEPARTMENTS TO ASSIST.

   The Board may call upon the several City departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may be reasonably be required.

(Ord. 2494, passed 5-12-1975)

§ 4-34 APPLICATION FOR VARIANCES; FEE; PROCESSING APPLICATIONS.

   Any person may apply to the Board for a variance from the provisions of this ordinance. Applications for variances shall be filed with the Secretary of the Board and shall be accompanied by an application fee. Said fee shall be established from time to time by resolution of the City Council, kept on file by the City Clerk and contained in Appendix A of the City Code. Such application shall contain the name and address of the applicant, the premises and installation for which the variance is sought, a description of the installation, and the reason or reasons for seeking the variance.

   The Board shall process applications for variances in the same manner as an appeal from a decision, ruling or order of the Director.

(Ord. 2494, passed 5-12-1975; Ord. 3399, passed 2-8-1999)

§ 4-35 SUSPENSION OF ENFORCEMENT; REASONS; VARIANCE.

   Notwithstanding any other provision of this ordinance, the Board may suspend the enforcement of the whole or any part of this ordinance in the case of any person who show that the enforcement thereof would be inequitable or unreasonable as to him, or the Board may suspend the enforcement thereof for any reason deemed by it to be sufficient to shows that the enforcement thereof would be an unreasonable hardship upon the person; and upon any suspension of the whole or any part of this ordinance, the Board shall grant to the person a variance therefrom.

(Ord. 2494, passed 5-12-1975)

§ 4-36 FACTORS CONSIDERED IN GRANTING VARIANCE.

   In determining under what conditions and to what extent a variance may be granted, the Board shall give due recognition to the progress which the person requesting the variance has made in eliminating or preventing air pollution. The Board shall consider the reasonableness of granting a variance conditioned upon the person effecting a partial control of the particular air pollution or a progressive control of the air pollution over a period of time which it considers reasonable under all the circumstances; or the Board may prescribe other and different reasonable requirements with which the person receiving the variance shall comply.

(Ord. 2494, passed 5-12-1975)