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)