Section 114-231. - Variances
The director of public works may, in writing, grant a temporary variance for existing water uses otherwise prohibited under this plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance, and if one or more of the following conditions are met:
- Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect.
- Alternative methods can be implemented that will achieve the same level of reduction in water use.
Filing a Petition for Variance
Persons requesting an exemption from the provisions of this article shall file a petition for variance with the city within five days after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the director of public works and shall include the following information:
- Name and address of the petitioner(s)
- Purpose of water use
- Specific provisions of the plan from which the petitioner is requesting relief
- Detailed statement as to how the specified provisions of the plan adversely affect the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this article
- Description of the relief requested
- Period of time for which the variance is sought
- Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date
- Other information the petitioner believes may be relevant
Variances granted by the city shall be subject to the following conditions, unless waived or modified by the director of public works:
- Variances shall include a timetable for compliance.
- Variances shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified conditions or requirements of the variance.
No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(Ordinance Number 2002-26, § 2,4-23-2002)