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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)
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)
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)
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)
The Board may grant a variance from the provisions of this ordinance, and suspend the enforcement thereof as to any person who shows that in the case of the person and of the activity which the person then operates that a compliance by him with the provisions of this ordinance, and that the acquisition, installation, operation and maintenance of facilities and equipment required or necessary to accomplish the compliance, would constitute an undue hardship on the person and would be out of proportion to the benefits to be obtained thereby. A variance shall not be granted under the provisions of this section where the person applying thereof is causing air pollution which is injurious to the public health. Any variance granted shall not be construed as to relieve the person who shall receive it from any liability imposed by other law or the Board for maintenance of a nuisance.
(Ord. 2494, passed 5-12-1975)
Any variance granted pursuant to the provisions of this ordinance shall be granted for such period of time, not exceeding one year, as is specified by the Board at the time of granting it, but any variance may be continued from year to year. Any variance granted by the Board may be granted on the condition that the person receiving it shall make reports to the Board periodically, as the Board shall specify, as to the progress which the person has made toward reaching a compliance with the provisions of this ordinance.
(Ord. 2494, passed 5-12-1975)
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