A. Any person or establishment may apply for an exemption from any section or subsection of this chapter upon submittal of an application, payment of the appropriate processing fee, which fees shall be in accordance with a fee schedule adopted by resolution of the City Council, and a showing that no technically or economically feasible alternative for such person’s or establishment’s use of an ozone-depleting compound is currently available, and a plan and timeline for how such person or establishment will comply with this chapter in the future.

B. The City Manager shall make a recommendation to the City Council as to whether the exemption should be granted or denied. The City Council may either grant or deny the application, or take any other steps it deems necessary prior to granting or denying the application.

C. The following factors are among those to be considered in submitting and considering any application for an exemption: (1) the technical, practical and economic viability of the alternative; (2) the health, safety and environmental impact of the alternative; (3) the length of time for which the exemption is sought and the length of time needed before a technically and economically feasible alternative can be implemented; (4) the measures the applicant has already taken or plans to take, and a timeline of such plans, to minimize and/or eliminate the release of an ozone-depleting compound, including whether and when a reclamation and recycling system has been or is to be implemented, as well as the effectiveness of any such system; (5) the hardship that will result to the applicant in the event the exemption is not granted; (6) whether the applicant’s actions are consistent with the spirit and intent of this chapter. (Ord. 6031-NS § 9, 1991)