§ 12.0. Variances.

The director, or his/her designee may, in writing, grant a temporary variance for existing water uses otherwise prohibited under this plan. A variance is permissable 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. In addition, one (1) or more of the following conditions must be met:

(a)

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

(b)

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

Persons requesting an exemption from the provisions of this plan shall submit a request for a variance to the Irving Water Utilities Department. All petitions for variances shall be reviewed by the director, or his/her designee, and shall include the following:

(a)

Name of the petitioner(s).

(b)

Address of the property for which the variance is requested.

(c)

Purpose of water use.

(d)

Specific provision(s) of the plan from which the petitioner is requesting relief.

(e)

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 petitioner complies with this plan.

(f)

Description of the relief requested.

(g)

Period of time for which the variance is sought.

(h)

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

(i)

A map of the property.

(j)

Other pertinent information.

Variances granted by the Irving Water Utilities shall be subject to the following conditions, unless waived or modified by the director or his/her designee:

(a)

Variances granted shall include a timetable for compliance.

(b)

Watering from 10:00 a.m. to 6:00 p.m. will not be allowed for any reason.

(c)

Watering allowed under the variance on prohibited watering days (Monday, Thursday or Friday) must occur between 6:00 p.m. and 12:00 a.m.

(d)

Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.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 plan occurring prior to the issuance of the variance. Variances will not be granted for cool season grass installation in a turf area that has already been established. Furthermore, beyond drought stage 1, no requests will be granted for an upgrade or exchange of existing landscaping.

(Ord. No. 2011-9302, § 1, 12-8-11)