§ 6-4-30. VARIANCE.

(A)

The director may grant a variance from a requirement of this chapter if the director determines that special circumstances exist and that:

(1)

strict compliance with the provisions at issue adversely affects the health, safety, welfare or sanitation of the public, the applicant, or the environment; or

(2)

strict compliance with the provisions at issue substantially threatens the applicant's primary source of income, the applicant is employing all reasonable water conservation measures, and approval of the variance will not result in water waste.

(B)

The director may not grant a variance from a requirement of this chapter based on an alleged adverse impact to the environment unless the applicant submits an environmental impact study, hydrological analysis, and additional data or documentation as required by the director to establish that the specific variance requested is necessary to avoid or mitigate a significant adverse impact on an endangered or listed protected plant, animal, or aquatic species or critical environmental feature present on the property or to maintain the traditional and natural character of a critical environmental feature.

(C)

The director may grant a variance from a requirement of Section 6-4-15 ( Water Conservation Stage ), Section 6-4-16 ( Drought Response Stage One Regulations ), Section 6-4-17 ( Drought Response Stage Two Regulations ), or Section 6-4-18 ( Drought Response Stage Three Regulations ) only if the applicant establishes at least one of the following:

(1)

an AWU Authorized Irrigation Inspector has determined that, due to its site- specific conditions, a site cannot be watered with an average coverage of 0.5 inches within the time limits prescribed by this chapter; and as applicable, a current irrigation system evaluation required pursuant to Section 6-4-10(A) ( Facilities Regulated ) is on file with Austin Water Utility; or

(2)

the property owner or operator has a documented medical hardship or qualifying disability that prevents the person's strict adherence to a requirement of this chapter; or

(3)

watering in a manner or at a time inconsistent with a requirement of this chapter is necessary for treatment of tree diseases or for pest control prescribed by a licensed arborist or pest control professional.

(D)

The director may grant a variance from a requirement of Section 6-4-15 ( Water Conservation Stage ), Section 6-4-16 ( Drought Response Stage One Regulations ), Section 6-4-17 ( Drought Response Stage Two Regulations ) or Section 6-4-18 ( Drought Response Stage Three Regulations ) for a newly installed landscape if:

(1)

the new landscaping is classified as Xeriscape in accordance with this chapter; and

(2)

irrigation for the establishment of the Xeriscaping complies with the following:

(a)

for the first 10 days following installation, irrigation is permitted daily before 10:00 a.m. and after 7:00 p.m.; and

(b)

for the 11th through the 40th day following installation, irrigation is permitted twice per week before 10:00 a.m. and after 7:00 p.m.; and

(c)

if the landscape installation is required in order to obtain a certificate of occupancy for a newly constructed single family home, the applicant shall provide a completed notice of irrigation variance to the director on the form provided by Austin Water at least one full business day before the landscape is installed.

(3)

A one-time extension of the approved variance may be granted by the director only upon the submittal by the applicant of a written request which demonstrates a clear need for the extension to establish the new landscaping.

(E)

The director may grant a variance to Section 6-4-19 ( Emergency Stage Four Regulations ) when:

(1)

Watering is required to prevent or address foundation cracking. A variance approved pursuant to this subsection will specify a designated day for foundation watering and shall require the foundation watering to occur before 7:00 a.m. or after 7:00 p.m.

(2)

Watering is necessary for the prescribed treatment of tree diseases or for pest control.

(3)

Irrigation of athletic fields when irrigation is necessary to protect the health and safety of players and game officials.

(F)

The director may grant a variance from Section 6-4-11(E) ( General Regulations ) if site conditions are such that compliance would present a significant financial hardship or health risk to the applicant or the public.

(G)

A person may seek a variance by filing an application with the director and paying the associated fees established by separate rule. The director may require the applicant to provide information the director determines is necessary to evaluate the variance request. If the director approves a variance, the applicant shall keep a copy of the approval provided in a location on the subject property that is accessible and visible to the public.

(H)

A variance approved by the director must comply with Section 6-4-12 ( Water Waste Prohibited ).

(I)

A variance following its approval by the director may be immediately suspended or revoked by Austin Water Utility if the director or director's designee determines any of the following:

(1)

a violation of the terms of the variance occurs at the location during the effective period of the variance;

(2)

the application submitted to the director upon which the variance approval was based included false, misleading, incomplete, or inaccurate information or attachments; or

(3)

the director declares an emergency recall of variances to control use or preserve supply based on protracted drought, unusual operational event, or other public necessity.

Source: Ord. 20120816-004; Ord. No. 20160505-003, Pt. 9, 5-16-16 .