§ 117.49  VARIANCES.
   (A)    Request for variance.  A utility requesting a variance from one or more of the provisions of this chapter must do so in writing to the Superintendent of Public Works as a part of the permit application.  The request shall identify each provision of this chapter from which a variance is requested and the reasons why a variance should be granted.
   (B)   Authority to grant variances.  The Superintendent of Public Works shall decide whether a variance is authorized for each provision of this chapter identified in the variance request on an individual basis.
   (C)   Conditions for granting of variance.  The Superintendent of Public Works may authorize a variance only if the utility requesting the variance has demonstrated that:
      (1)   One or more conditions not under the control of the utility (such as terrain features or an irregular right-of-way line) create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and
      (2)   All other designs, methods, materials, locations or facilities that would conform with the provision from which a variance is requested are impracticable in relation to the requested approach.
   (D)   Additional conditions for granting of a variance.  As a condition for authorizing a variance, the Superintendent of Public Works may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this chapter but which carry out the purposes of this chapter.
(Ord. 99-03, passed 1-26-99)