(A) Request for variance. A utility requesting a variance from one or more of the provisions of this subchapter must do so, in writing, to the Village Engineer as a part of the permit application. The request shall identify each provision of this subchapter from which a variance is requested and the reasons why a variance should be granted.
(B) Authority to grant variances. The Village Engineer shall decide whether a variance is authorized for each provision of this subchapter identified in the variance request on an individual basis.
(C) Conditions for granting of variance. The Village Engineer 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 Village Engineer may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this subchapter but which carry out the purposes of this subchapter.
(Prior Code, § 94.070) (Ord. 2000-01-01, passed 1-10-2000)