§ 3-8. Variances.

(a)

Application. Any person in violation of this chapter, after first meeting the requirements of section 3-7, may apply to the director for a variance from the requirements of this chapter. All applications shall be filed with the director and shall contain such information as the director may require.

(b)

Hearing. After the application is filed and public hearing notices are provided in accordance with section 3-14(a), the director or his hearing officer shall hold a public hearing upon the application. The applicant shall be given not less than 15 days' actual notice of the date, place and time of the hearing. All testimony, witnesses and evidence relevant to the granting or denial of the application shall be heard, whether adduced by the applicant, the director or the public.

(c)

Grounds. The sole grounds for any application for a variance, or for the granting, refusal, modification or revocation thereof, shall be:

(1)

Overwhelming economic necessity.

(2)

Technological infeasibility.

(d)

Conditions. The director, at his discretion, may grant a variance upon such conditions as all evidence and testimony shall warrant. No variance shall be granted for more than one year. No variance shall authorize the creation or maintenance of a nuisance or any danger to public health or safety. No variance granted by the director shall be construed to authorize any air pollution source to operate in violation of any state or any federal air pollution control regulations or requirements.

(Code 1964, § 2A-8; Code 1988, § 3-8; Ord. No. 52677, § 1, 2-28-1974)