4.04.070 Variances

(a) The POWTS Inspector shall consider and may grant a variance to a provision of this Ordinance only upon applicant demonstrating equivalency of the proposed varying system to a qualifying system.

(b) The POWTS Inspector may not approve a petition for variance for an existing POWTS which is determined to be a failing system.

(c) A property owner may apply to the POWTS Inspector for a variance. The applicant shall have the burden of establishing a hardship that is unique to the land in question. An unnecessary hardship may exist when compliance with the strict letter of the Ordinance would unreasonably prevent the applicant from using the property for an allowable purpose or would render compliance with such restrictions unnecessarily burdensome. Financial impact is not considered for a hardship variance. Any hardship shall be weighted against the danger to the health and safety of the environment and the Tribal membership.