(A) The Town Manager, or his or her designee, is authorized to issue a variance in accordance with this article permitting any customer satisfying the requirements of this article to use water for a purpose that would otherwise be prohibited by water conservation controls then in effect.
(B) During any time that Stage 2 water conservation controls have been imposed pursuant to this article, and except as otherwise provided in this article, the Town Manager, or his or her designee, shall issue variances under the following circumstances: A customer with a new lawn and/or landscape installed within 30 days of the application for a variance (but not during any time when Stage 3 or Stage 4 water conservation controls are in effect) may be permitted to water such newly installed landscaping on the date of installation, and for up to 30 days after the date of installation and, during such time period, shall not be subject to restrictions on the days of the week, but shall be subject to any restrictions on the times of the day, when outdoor vegetation may be watered in accordance with the water conservation controls otherwise in effect. A variance issued pursuant to this subsection may be extended by the Town Manager, or his or her designee, under such terms and conditions as are set forth in the Water Shortage Management Plan.
(C) During any time that Stage 3 water conservation controls have been imposed pursuant to this article, and except as otherwise provided in this article, the Town Manager, or his or her designee, shall issue variances for the following uses: A customer with a new lawn and/or landscape installed within 30 days prior to the implementation of Stage 3 water conservation controls (but not during any time when Stage 4 water conservation controls are in effect) may be permitted to water such newly installed landscaping on the date of installation, and for up to 30 days after the date of installation, and during such days of the week, and times of the day, as designated in the variance.
(D) During any time that Stage 1, 2, or 3 water conservation controls have been imposed pursuant to this article, the Town Manager, or his or her designee, shall issue variances for the following uses:
(1) A public, or volunteer, fire department during any training exercise using water from the town’s water supply under circumstances when such training is reasonably necessary to maintain effective firefighting capabilities;
(2) Any customer, or user, undertaking any activity required by applicable law; and
(3) Any person or entity proposing to eliminate, or reduce, unsanitary conditions that pose a substantial risk of injury or disease.
(E) During any time that Stage 3 water conservation controls have been imposed pursuant to this article, the Town Manager, or his or her designee may, but shall be under no obligation to, issue variances for the uses listed in subsection (D) above.
(F) In any variance issued pursuant to this section, the Town Manager, or his or her designee, may impose such conditions, and restrictions, as are appropriate to require that water used from the town’s water supply be minimized to the extent practical.
(G) Unless otherwise expressly provided in a variance, any variance issued pursuant to this section shall automatically terminate upon the effective date, and time, of the imposition of Stage 4 water conservation controls.
(H) Any person, or entity, receiving a variance pursuant to this section that violates the terms thereof shall be subject to a civil penalty pursuant to § 21-299.3(E), and to the revocation of the variance. Any person who has violated the term of any permit subject to this article, any variance issued pursuant to this section, or any mandatory water conservation control imposed pursuant to this article may be denied a variance, notwithstanding any provision of this section to the contrary.