(a) Grant or refusal upon request. The city manager or his designee may grant any customer an exemption or variance from the drought contingency plan for good cause upon written request. A customer who is refused an exemption or variance may appeal such action in writing to the city council. The city will treat all customers equally concerning exemptions and variances. No exemption or variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(1) Retail customers/public. The city may, in writing, grant a temporary variance for existing water uses otherwise prohibited under this DCP if it is determined that failure to grant such variance would cause an undue hardship or an emergency condition adversely affecting the public health, sanitation, or safety and if one or more of the following conditions are met:
a. Compliance with this DCP cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect.
b. Alternative methods can be implemented which will achieve the same level of reduction in water use.
1. Persons requesting an exemption from the provisions of this division shall file a written petition for variance with the city. All petitions for variances shall be reviewed by the city manager, or his designee, and shall include the following:
i. Name and address of the petitioner.
ii Purpose of water use.
iii. Specific provisions of the DCP from which the petitioner is requesting relief.
iv. Detailed statement as to how the specific provision of the plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this division.
v. Description of the relief requested.
vi. Period of time for which the variance is sought.
vii. Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this DCP and the compliance date.
viii. Other pertinent information.
2. Variances granted by the city shall be subject to the following conditions, unless expressly waived or modified by the city manager or his designee:
i. Variances granted shall include a specific duration.
ii. Variances granted shall expire when the DCP is no longer in effect, unless the petitioner has failed to meet specified requirements.
(2) Wholesale customers. The city may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this DCP if it is determined that failure to grant such variance would cause an undue hardship or emergency condition adversely affecting the public health, sanitation or safety, and if one or more of the following conditions are met:
a. Compliance with this DCP cannot be technically accomplished during the duration of the water supply shortage or other condition for which the DCP is in effect.
b. Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this DCP shall file a petition for variance with the city within five days after pro rata allocation has been invoked. All petitions for variances shall be reviewed by the city manager and shall include the following:
1. Name and address of the petitioner.
2. Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in the plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this division.
3. Description of the relief requested.
4. Period of time for which the variance is sought.
5. Alternative measures the petitioner is taking or proposes to take to meet the intent of this DCP and the compliance date.
6. Other pertinent information. Variances granted by the city shall be subject to the following conditions, unless expressly waived or modified by the city manager or his designee:
(i) Variances granted shall include a specific duration.
(ii) Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.
(b) No variances shall be retroactive or otherwise justify any violation of this DCP occurring prior to the issuance of the variance.
(Prior Code, § 16B-7; Ord. of 4-12-2011; Ord. of 7-18-2011)