The Director may grant a variance to the requirements of this chapter. A variance may not be granted for any VUSBC requirement.
(a) Request for a Variance. Any owner who seeks a variance shall apply in writing to the Director. The application shall include:
(1) A citation of the section to which the variance is requested;
(2) A statement as to why the owner is unable to comply with the section to which the variance is requested;
(3) The nature and duration of the variance requested; and,
(4) A statement of reasons why the public health or safety would not be jeopardized if the variance was granted.
(b) Evaluation of a Variance Application. The Director shall act upon any variance request within sixty calendar days from the receipt of the written application. In evaluating the variance application, the Director shall consider the following factors:
(1) Unusual circumstances unique to the applicant's facility;
(2) The hardship to the applicant that would result if the variance were denied;
(3) The effects that such a variance would have on the health and safety of the public at the water recreation facility; and,
(4) Other health or safety factors as determined by the Director.
(c) Disposition of a Variance Request.
(1) If the Director or his/her agent approves a variance request, the applicant shall be notified in writing of the decision. Such notice shall identify the water recreation facility and its location, the nature of the variance, and shall specify the period of time for which the variance will be effective and any conditions attached to the variance. Failure to comply with the specified conditions will result in the immediate revocation of the variance. The effective date of the variance shall be upon receipt by the applicant or other designated date acceptable to the applicant and the Director.
(2) The Director or his/her designated agent may reject any application for a variance by sending a written rejection notice to the applicant. The applicant may petition the Director for a hearing within thirty calendar days, from receipt of the rejection notice, to challenge the rejection.
(3) No permit holder or applicant may challenge the terms or conditions set forth in the variance after thirty calendar days have elapsed from the date of issuance.
(d) Each variance shall be posted in a conspicuous place for the public to view. Each variance is revoked when the permit attached to it is revoked. A variance is not transferable unless otherwise provided in writing at the time the variance is granted.
(Ord. 07-14. Passed 12-18-07.)