§ 53.49 VARIANCES.
   (A)   Customers, who in their belief are unable to comply with the mandatory water use restrictions of this drought response subchapter, may petition for a variance from restrictions by filing a petition with the town within ten working days after the issuance of the proclamation requiring water use restrictions. All petitions for variance shall contain the following information:
      (1)   Name and address of the petitioner;
      (2)   Purpose of water usage;
      (3)   Special provision from which the petitioner is requesting relief;
      (4)   Detailed statement as to how the curtailment declaration adversely affects the petitioner;
      (5)   Description of the relief desired;
      (6)   Period of time for which the variance is sought;
      (7)   Economic value of the water use;
      (8)   Damage or harm to the petitioner or others if petitioner complies with the ordinance;
      (9)   Restrictions with which the petitioner is expected to comply and the compliance date;
      (10)   Steps the petitioner is taking to meet the restrictions from which the variance is sought and the expected date of compliance; and
      (11)   Other information as needed.
   (B)   In order for the variance to be granted, the petitioner must demonstrate clearly that compliance with the ordinance cannot be technically accomplished during the duration of the water supply shortage without having an adverse impact upon the best interests of the community. The town is authorized to grant the request for variance.
   (C)   In addition, the town is authorized to grant temporary variances for existing water uses otherwise prohibited under the ordinance if it is determined that failure to grant variances could cause an emergency condition adversely affecting health, sanitation and fire protection for the public.
      (1)   No variance shall be retroactive or otherwise justify any violation of this subchapter occurring prior to the issuance of the variance.
      (2)   Variances granted by the town shall include a timetable for compliance and shall expire when the water supply shortage no longer exists, unless the petitioner has failed to meet specified requirements.
(Ord. 06-03-03, passed 6-3-2003)