§ 21.90.030. Variances.

A.

The director of the planning department may grant a variance from Section 21.90.020.A when any of the following is found:

1.

Placing a utility distribution line underground would cause an excessive adverse environmental impact;

2.

Placing a utility distribution line underground would threaten public health and safety, because the placement cannot be shown to meet acceptable technical standards for safety; or

3.

Placing a utility distribution line underground in an environmentally sound and safe manner would cost more than three times the cost of placing the line overhead, where the applicant demonstrates the relative cost to the satisfaction of the director of the planning department.

B.

The director of the planning department may grant a variance from section 21.90.020.A when he finds that the utility distribution line is being placed overhead temporarily for one of the reasons listed in this subsection:

1.

The line is being placed to provide service when weather conditions do not allow excavation for underground placement;

2.

A permanent location for underground placement is not available because of construction in progress; or

3.

The line is being placed to provide service to a temporary use or structure.

A variance issued under this subsection shall expire within two years of its issuance.

C.

The planning and zoning commission may adopt regulations in accordance with chapter 3.40, delegating authority to grant variances under subsection A of this section to the director of the planning department.

(AO No. 156-76; AO No. 84-62; AO No. 86-17; AO No. 2005-2, § 1, 5-30-05)