§ 4.84.185. Exemptions (variance).

a.

An exemption from the terms of this chapter and the Onsite Systems Manual may be granted by Environmental Health if all of the following conditions are met:

1.

The exemption will not harm the public health, safety and welfare of the people or the environment of San Mateo County;

2.

The basis for the exemption does not result from an intent to avoid the requirements of this chapter or the Onsite Systems Manual; and

3.

The exemption will not have any adverse environmental effect on the use of the subject and adjoining properties.

b.

No exemptions shall be considered:

1.

For any land division process;

2.

Which allow the septic tank, dispersal system, and other components of the OWTS to be located outside the boundaries of the parcel upon which the structure requiring the system is built (for new development);

3.

Which conflict with any other applicable state statute, regulation, County ordinance, or local municipal code, ordinance, or operating rules, without concurrence of the enforcing authority; or

4.

Which allow a dispersal system area in fifty percent (50%) or greater slope, unless an OWTS failure exists such that Environmental Health determines that the repair of the OWTS cannot be made in any other manner and the repair can be made in a way that still safeguards public health and the environment.

c.

Application for an exemption shall be made by submitting a permit application, required fee, and all other documents as prescribed in the Onsite Systems Manual.

d.

The application for exemption will not be considered complete until all exhibits required by this chapter and the Onsite Systems Manual have been submitted.

(Ord. No. 04754, § 1, 1-5-2016)