Any property owner who receives notice to connect to municipal utility services may file an application for a variance with the Mason city council. The variance may be granted when the variance application and other factual evidence demonstrates that the variance is necessary to avoid practical difficulties resulting from the physical characteristics of the property or to avoid unnecessary hardships not created by the applicant and the city council finds that the granting of a variance will not cause a substantial adverse affect or risk of harm to the environment or the public health, safety, and welfare. Any such variance shall be subject to each of the following conditions:
(1) Each application for a variance shall be accompanied by an inspection and certificate by the Ingham County Health Department and/or a licensed sanitarian certifying that the existing onsite sanitary sewer disposal facilities are in compliance with sanitary codes and/or a water chemistry analysis verifying that the private water supply is potable.
(2) No more than one variance shall be granted by the council for a term not to exceed ten years from the date of Notice of Availability.
(3) If any private well or onsite sanitary sewage disposal system fails or requires reworking during the term of any variance, the subject property shall be connected within 180 days to the available sanitary sewer or municipal water supply.
(4) The variance shall be recorded with the Ingham County Register of Deeds and shall be disclosed by the owner of the property in writing to any prospective purchaser pursuant to the seller disclosure requirements mandated by the Michigan Seller Disclosure Act, MCL 565.951 et seq.
(Ord. No. 144, 5-16-2005)