§ 14-178. Variances.

(a)

The mayor, or his designee, may, in writing, grant temporary variance for existing water uses otherwise prohibited under this division if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met:

(1)

Compliance with this division cannot be technically accomplished during the duration of the water supply shortage or other condition for which the drought contingency plan is in effect.

(2)

Alternative methods can be implemented which will achieve the same level of reduction in water use.

(b)

Persons requesting an exemption from the provisions of this division shall file a petition for variance with the town within five days after the drought contingency plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the mayor, or his designee, and shall include the following:

(1)

Name and address of the petitioners.

(2)

Purpose of water use.

(3)

Specific provisions of the plan from which the petitioner is requesting relief.

(4)

Detailed statement as to how the specific provision of the plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if the petitioner complies with this division.

(5)

Description of the relief requested.

(6)

Period of time for which the variance is sought.

(7)

Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this division and the compliance date.

(8)

Other pertinent information. Variances granted by the town shall be subject to the following conditions, unless waived or modified by the mayor or his designee:

a.

Variances granted shall include a timetable for compliance.

b.

Variances granted shall expire when the drought contingency plan is no longer in effect, unless the petitioner has failed to meet specified requirements.

No variance shall be retroactive or otherwise justify any violation of this division occurring prior to the issuance of the variance.

(Res. of 4-7-2015, exh. B(XII))