Variance/exemptions. A permittee or right-of-way user may request a variance from any of the requirements of this chapter by filing a written request with the City Manager stating the requirement and the basis for the variance. The City Manager may reject incomplete variance requests. The applicant shall bear its own expenses of the application process.
(A) Any request for a variance from any right-of-way restoration requirement shall be made in writing, in advance -of any contemplated work and shall be accompanied by digitally formatted detailed plans of the substituted reconstruction and/or repair of the excavated area, if applicable.
(B) Any request for an exemption and/or variance from any penalty and/or fee, other than as provided in this chapter, shall be made in writing, and shall be accompanied by a written detailed request stating the reasons therefor.
(C) Any request for an exemption and/or variance from any permit, or any other requirement of this chapter shall be made in writing, stating in detail ail reasons for the requested exemption and/or variance.
(D) The department shall grant or deny an application for a variance and/or exemption within ten days of receipt of the application for variance and/or exemption.
(E) Denial of the variance may be appealed in accordance with § 154.02(U).
(Ord. 2017-10, passed 9-6-2010)