§ 12-50. Variances.

(a)

The director may grant an individual variance from the limitations prescribed in this article whenever it is found, upon presentation of adequate proof, that compliance with any part of this article:

(1)

Will result in an arbitrary and unreasonable taking of property; or

(2)

Will not result in a condition injurious to health or safety.

(b)

Any variance, or renewal thereof, shall be granted within the requirements of subsection (a) of this section and for time periods and under conditions consistent with the reasons therefor, and within the following limitations:

(1)

If the variance is granted on the grounds that compliance with the particular requirement will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the director, is requisite for taking of the necessary measures. A variance granted on the grounds specified in this subsection shall contain a timetable for taking of action in an expeditious manner and shall be conditioned on adherence to the timetable; or

(2)

If the variance is granted on the grounds it is justified to relieve or prevent hardship of a kind other than that provided for in subsection (a) of this section, it shall be for not more than one year.

(c)

Any person seeking a variance shall do so by filing a petition for variance with the director, who shall investigate the petition and make a determination as to the disposition thereof within ten working days following receipt of the request by the director.

(Code 1988, § 16:156; Ord. No. 88-66, 7-28-1988)