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(A) The City Manager may, in writing, grant temporary variance for existing water uses otherwise prohibited under this subchapter if it is determined that failure to grant such a 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:
(1) Compliance with this subchapter cannot be technically accomplished during the duration of the water supply shortage or other condition for which the subchapter is in effect; or
(2) Alternative methods can be implemented which will achieve a comparable reduction in water use.
(B) Persons requesting an exemption from the provisions of this subchapter shall file a petition for variance with the City Secretary within five days after a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the City Manager and shall include the following:
(1) Name and address of each petitioner;
(2) Purpose of water use;
(3) Specific provision(s) of this subchapter from which the petitioner is requesting relief;
(4) Detailed statement as to how the specific provision of this subchapter adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this subchapter;
(5) Description of the relief requested;
(6) Period of time for which the variance is sought;
(7) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this subchapter and the compliance date; and
(8) Any other pertinent information.
(C) Variances granted by the City Manager shall be subject to the following conditions, unless waived or modified:
(1) Variances granted shall include a timetable for compliance;
(2) Variances granted shall expire when the particular drought response stage for which the variance was granted is no longer in effect; and
(3) The City Manager may terminate a variance if the petitioner fails to meet specified requirements.
(D) No variance shall be retroactive or otherwise justify any violation of this subchapter occurring prior to the issuance of the variance.
(Ord. 2005-40, passed 11-8-05; Am. Ord. 2009-33, passed 10-27-09; Am. Ord. 2011-32, passed 12-13-11; Am. Ord. 2015-03, passed 2-24-15; Am. Ord. 2020-57, passed 10-27-20; Am. Ord. 2021-21, passed 4-20-21)