(a) 
In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the city hereby adopts the following drought contingency plan, providing regulations and restrictions on the delivery and consumption of water.
(b) 
Water uses regulated or prohibited under this drought contingency plan (the plan) are considered to be nonessential and continuation of such uses during times of water shortage or other emergency water supply conditions are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in section 12.06.042 of this article.
(Ordinance 2014-007, sec. 2, adopted 4/28/14; 1988 Code, sec. 34-150; Ordinance 2019-015 adopted 4/8/19; Ordinance 2024-028 adopted 8/16/2024)
Opportunity for the public to provide input into the preparation of the plan was provided by the city by means of public notices published on the city's website and public meetings regarding implementation of the plan.
(Ordinance 2014-007, sec. 2, adopted 4/28/14; 1988 Code, sec. 34-151; Ordinance 2019-015 adopted 4/8/19; Ordinance 2024-028 adopted 8/16/2024)
The city will periodically provide the public with information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of press releases, posting on city website and utility bill inserts.
(Ordinance 2014-007, sec. 2, adopted 4/28/14; 1988 Code, sec. 34-152; Ordinance 2019-015 adopted 4/8/19; Ordinance 2024-028 adopted 8/16/2024)
The service area of the city is located within the Northeast Texas Region D Water Planning Group and the city will provide a copy of this plan to the Northeast Texas Region D Water Planning Group.
(Ordinance 2014-007, sec. 2, adopted 4/28/14; 1988 Code, sec. 34-153; Ordinance 2019-015 adopted 4/8/19; Ordinance 2024-028 adopted 8/16/2024)
The city manager of the city or designee is hereby authorized and directed to implement the applicable provisions of this plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The city manager or designee will have the authority to initiate or terminate drought or other water supply emergency response measures as described in this plan.
(Ordinance 2014-007, sec. 2, adopted 4/28/14; 1988 Code, sec. 34-154; Ordinance 2019-015 adopted 4/8/19; Ordinance 2024-028 adopted 8/16/2024)
The provisions of this article will apply to all retail and wholesale water customers utilizing water provided by the city.
(Ordinance 2014-007, sec. 2, adopted 4/28/14; 1988 Code, sec. 34-155; Ordinance 2019-015 adopted 4/8/19; Ordinance 2024-028 adopted 8/16/2024)
For the purposes of this article, the following definitions will apply:
Aesthetic water use.
Water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens.
Commercial and institutional water use.
Water use that is integral to the operations of commercial and nonprofit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings.
Conservation.
Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses.
Customer.
Any person, company, or organization using water supplied by City of Paris.
Domestic water use.
Water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution.
Even-numbered address.
Street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses.
Industrial water use.
The use of water in processes designed to convert materials of lower value into forms having greater usability and value.
Landscape irrigation use.
Water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians.
Nonessential water use.
Water uses that are neither essential nor required for the protection of public, health, safety, and welfare, including:
(1) 
Irrigation of landscape areas, including without limitation: yards, parks, athletic fields, and golf courses, except otherwise provided under this plan;
(2) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;
(3) 
Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
(4) 
Use of water to wash down buildings or structures for purposes other than immediate fire protection;
(5) 
Flushing gutters or permitting water to run or accumulate in any gutter or street;
(6) 
Use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type pools;
(7) 
Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;
(8) 
Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and
(9) 
Use of water from hydrants for construction purposes or any other purposes other than firefighting.
Odd-numbered address.
Street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9.
Person.
A term including individuals, corporations, partnerships, associations, companies, organizations, or other legal entity.
Retail water customer.
A water customer of the City of Paris (as that person is defined herein) that utilizes the water purchased from the city for its own purposes and does not supply water to another person or entity for resale for human consumption.
Wholesale water customer.
Any individual, corporation, partnership, association, person, company, or organization purchasing or using water supplied by the City of Paris, Texas, that, in return for compensation, supplies water to another person or entity for resale for human consumption. The term does not include a person or entity that supplies water to itself or its employees or tenants as an incident of that employee's service or tenancy when that water is not resold to or used by others. For the purposes of this article, the word "customer" and the phrase "wholesale water customer" will have the same meaning.
(Ordinance 2014-007, sec. 2, adopted 4/28/14; 1988 Code, sec. 34-156; Ordinance 2019-015 adopted 4/8/19; Ordinance 2024-028 adopted 8/16/2024)
(a) 
General.
(1) 
The city manager or designee will monitor water supply and/or demand conditions to determine when conditions warrant initiation or termination of each stage of the plan. The city manager or designee may decide not to order the implementation or termination of a drought response stage or water emergency even though one or more of the trigger events for a stage are met. Factors that could influence such a decision include, but are not limited to, the time of year, weather conditions, the anticipation of replenished water supplies, or the anticipation of potential changed conditions that warrant the continuation of the drought stage.
(2) 
The triggering criteria and responses described below are based on analysis of rainfall data, lake capacities, historical drought conditions, and information from the drought contingency plan for Lake Crook and Pat Mayse Lake and as prepared by the Department of the Army, Tulsa District of the Corps of Engineers.
(3) 
The USGS and Corps of Engineers electronically monitor levels in Lake Crook and Pat Mayse Lake, respectively.
(b) 
Stage 1 triggers - mild drought conditions.
(1) 
Requirements for initiation.
Retail and wholesale water customers will be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, defined in section 12.06.039 of this article for stage 1, when any one of the following triggering events exists:
(A) 
When the water supply available to the city is equal to or less than seventy percent (70%) of the conservation pool in Pat Mayse Lake and Lake Crook combined;
(B) 
When there exists a high water demand on the system; or
(C) 
When water production and/or distribution system limitations exist.
(2) 
Requirements for termination.
Stage 1 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist.
(c) 
Stage 2 triggers - moderate drought conditions.
(1) 
Requirements for initiation.
Retail and wholesale water customers will be required to comply with the requirements and restrictions on certain nonessential water uses provided in section 12.06.039 of this article for stage 2 when any one of the following triggering events exists:
(A) 
When the water supply available to the city is equal to or less than sixty percent (60%) of the conservation pool in Pat Mayse Lake and Lake Crook combined;
(B) 
When total daily water demand equals or exceeds thirty-two (32) million gallons for seven (7) consecutive days;
(C) 
When total daily water demand equals or exceeds thirty-six (36) million gallons for three (3) consecutive days; or
(D) 
When water production and/or distribution system limitations exist.
(2) 
Requirements for termination.
Stage 2 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist. Upon termination of stage 2, stage 1 becomes operative.
(d) 
Stage 3 triggers - severe drought conditions.
(1) 
Requirements for initiation.
Retail and wholesale water customers will be required to comply with the requirements and restrictions on certain nonessential water uses provided in section 12.06.039 of this article for stage 3 when any one of the following triggering events exists:
(A) 
When the water supply available to the city is equal to or less than fifty percent (50%) of the conservation pool in Pat Mayse Lake and Lake Crook combined;
(B) 
When total daily water demand equals or exceeds thirty-four (34) million gallons for fourteen (14) consecutive days;
(C) 
When total daily water demand equals or exceeds thirty-six (36) million gallons for six (6) consecutive days; or
(D) 
When water production and/or distribution system limitations exist.
(2) 
Requirements for termination.
Stage 3 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist. Upon termination of stage 3, stage 2 becomes operative.
(e) 
Stage 4 triggers - emergency stage conditions.
(1) 
Requirements for initiation.
Retail and wholesale water customers will be required to comply with the requirements and restrictions on certain nonessential water uses provided in section 12.06.039 of this article for stage 4 when any one of the following triggering events exists:
(A) 
When the water supply available to the city is equal to or less than forty percent (40%) of the conservation pool in Pat Mayse Lake and Lake Crook combined;
(B) 
When total daily water demand equals or exceeds thirty-five (35) million gallons for twenty-one (21) consecutive days;
(C) 
When total daily water demand equals or exceeds thirty-six (36) million gallons for nine (9) consecutive days;
(D) 
When major water production or distribution system limitations exist;
(E) 
When there is contamination, natural or manmade, of the water supply source(s);
(F) 
When system outage occurs due to failure of major water systems components, major water line breaks, electrical power failures, or pump or system failures which cause unprecedented loss of capability to provide water service.
(2) 
Requirements for termination.
Stage 4 of the plan may be rescinded when all of the conditions listed as triggering events have ceased to exist. Upon termination of stage 4, stage 3 becomes operative.
(Ordinance 2014-007, sec. 2, adopted 4/28/14; 1988 Code, sec. 34-157; Ordinance 2019-015 adopted 4/8/19; Ordinance 2024-028 adopted 8/16/2024)
(a) 
General.
The city manager or designee shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in section 12.06.038 of this article, shall determine that a mild, moderate, severe, or emergency water shortage condition exists. The following notification procedures will be implemented:
(1) 
Notification of the public.
The city manager or designee will notify the public by posting information on city website, public service announcements, utility bill inserts, publication in local newspaper, and/or posting of signs in public places.
(2) 
Additional notification.
The city manager or designee will notify directly, or cause to be notified directly, the following individuals and entities:
(A) 
Mayor and city council.
(B) 
City fire chief.
(C) 
City and county emergency management coordinator(s).
(D) 
County judge and commissioner(s).
(E) 
Municipal court judge.
(F) 
Texas Commission on Environmental Quality (TCEQ), water supply division.
(G) 
Department of Public Safety Division of Emergency Management.
(H) 
Major industrial and wholesale water users.
(I) 
Critical water users, e.g. hospitals, dialysis centers.
(b) 
Stage 1 response - mild drought conditions.
(1) 
Target.
Achieve a voluntary ten percent (10%) reduction in daily water demand.
(2) 
Best management practices for supply management.
Measures to be implemented directly by the city to manage limited water supplies and/or reduce water demand will include: reduced or discontinued flushing of water mains, use of reclaimed water for nonpotable purposes, stringent operation of the water treatment plant concerning filter backwashing, and discontinuing all outside wash-down activities.
(3) 
Voluntary water use restrictions for reducing demand.
(A) 
Retail water customers are requested to voluntarily limit the watering of landscaped areas to the following time periods: for customers with street addresses ending in an even number, times for watering are Sundays and Thursday mornings from 12:00 a.m. until 10:00 a.m. and evenings from 6:00 p.m. until 12:00 a.m. For customers with a street address ending in an odd number times for watering are Wednesday and Saturday mornings from 12:00 a.m. until 10:00 a.m. and evenings from 6:00 p.m. until 12:00 a.m.
(B) 
All operations of the city will adhere to water use restrictions prescribed for stage 2 of the plan.
(C) 
Retail water customers are requested to practice water conservation and to minimize or discontinue water use for nonessential purposes.
(D) 
Wholesale customers are requested to implement voluntary stage 1 - mild drought conditions of their drought contingency plan and notify their water customers.
(c) 
Stage 2 response - moderate drought conditions.
(1) 
Target.
Achieve a twenty percent (20%) reduction in daily water demand.
(2) 
Best management practices for supply management.
Measures to be implemented directly by the city to manage limited water supplies and/or reduce water demand will include: reduced or discontinued flushing of water mains, use of reclaimed water for nonpotable purposes, stringent operation of the water treatment plant concerning filter backwashing, and discontinuing all outside wash-down activities.
(3) 
Water use restrictions for demand reduction.
Under threat of penalty for violation, the following water use restrictions will apply to all persons:
(A) 
Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems will be limited to the following time periods: for customers with street addresses ending in an even number, times for watering are Sunday and Thursday mornings from 12:00 a.m. until 10:00 a.m. and evenings from 6:00 p.m. until 12:00 a.m. For customers with street addresses ending in an odd number, times for watering are Wednesday and Saturday mornings from 12:00 a.m. until 10:00 a.m. and evenings from 6:00 p.m. until 12:00 a.m. However, irrigation of landscaped areas is permitted at any time if it is by means of a hand-held hose with a positive shut-off nozzle, a faucet filled bucket or watering can of five (5) gallons or less, drip irrigation system or soaker hoses.
(B) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 12:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 12:00 a.m. Such washing, when allowed, will be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle. Vehicle washing may be done at any time on the immediate premises of a commercial carwash or commercial service station. Further, such washing may be exempt from these regulations if the health, safety, and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables.
(C) 
Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi-type pools is prohibited except on designated watering days between the hours of 12:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 12:00 a.m.
(D) 
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
(E) 
Use of water from hydrants will be limited to firefighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the city.
(F) 
Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days between the hours 12:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 12:00 a.m. However, if the golf course utilizes a water source other than that provided by the city, the facility will not be subject to these regulations.
(G) 
The remaining nonessential water uses are prohibited during a stage 2 drought response:
(i) 
Wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
(ii) 
Use of water to wash down buildings or structures for purposes other than immediate fire protection;
(iii) 
Use of water for dust control;
(iv) 
Flushing gutters or permitting water to run or accumulate in any gutter or street; and
(v) 
Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s).
(H) 
Wholesale customers are requested to implement mandatory stage 2 - moderate drought conditions of their drought contingency plan and notify their water customers.
(d) 
Stage 3 response - severe drought conditions.
(1) 
Target.
Achieve a thirty percent (30%) reduction in daily water demand.
(2) 
Best management practices for supply management.
Measures to be implemented directly by the city to manage limited water supplies and/or reduce water demand will include: reduced or discontinued flushing of water mains, use of reclaimed water for nonpotable purposes, stringent operation of the water treatment plant concerning filter backwashing, and discontinuing all outside wash-down activities.
(3) 
Water use restrictions for demand reductions.
All requirements of stage 2 will remain in effect during stage 3 except as amended below:
(A) 
Irrigation of landscaped areas will be limited to the following time periods: for customers with street addresses ending in an even number, times for watering are Thursday evenings from 12:00 a.m. until 10:00 a.m. For customers with street addresses ending in an odd number, times for watering are Wednesday from 12:00 a.m. until 10:00 a.m. Watering will be by means of hand-held hoses, hand-held buckets, drip irrigation system or soaker hoses only. The use of hose-end sprinklers or automatic sprinkler systems are prohibited during stage 3 severe drought conditions.
(B) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial carwash and commercial service stations and not in the immediate interest of public health, safety, and welfare is prohibited. Further, such vehicle washing at commercial carwashes and commercial service stations will occur only between the hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 10:00 p.m.
(C) 
The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools is prohibited.
(D) 
Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
(E) 
No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind will be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage or a higher-numbered stage will be in effect.
(F) 
Wholesale customers are requested to implement mandatory stage 3 - severe drought conditions of their drought contingency plan and notify their water customers.
(e) 
Stage 4 response - emergency drought stage.
(1) 
Target.
Achieve a forty percent (40%) reduction in daily water demand.
(2) 
Best management practices for supply management.
Measures to be implemented directly by the city to manage limited water supplies and/or reduce water demand will include: reduced or discontinued flushing of water mains, use of reclaimed water for nonpotable purposes, stringent operation of the water treatment plant concerning filter backwashing, and discontinuing all outside wash-down activities. Elevated tank levels will be operated within minimum operating ranges in order to reduce system-wide pressure and still maintain adequate fire protection.
(3) 
Water use restrictions for demand reduction.
All requirements of stage 2 and 3 will remain in effect during stage 4 except:
(A) 
Irrigation of landscaped areas is absolutely prohibited.
(B) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited.
(C) 
Wholesale customers are requested to implement mandatory stage 4 - emergency drought conditions of their drought contingency plan and notify their water customers.
(D) 
Pro rata curtailment of water deliveries to wholesale water customers as provided in section 11.039 of the Texas Water Code.
(E) 
The city will consider implementing water usage surcharge(s) for excessive use.
(Ordinance 2014-007, sec. 2, adopted 4/28/14; 1988 Code, sec. 34-158; Ordinance 2019-015 adopted 4/8/19; Ordinance 2024-028 adopted 8/16/2024)
In the event of an identified water shortage, the city will distribute water to wholesale customers according to Texas Water Code, § 11.039 and initiate water allocation to municipal water customers. The city will include a provision in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with § 11.039 of the Texas Water Code.
(Ordinance 2014-007, sec. 2, adopted 4/28/14; 1988 Code, sec. 34-159; Ordinance 2019-015 adopted 4/8/19; Ordinance 2024-028 adopted 8/16/2024)
The city currently does not have an additional water source. In the circumstance that Lake Crook and Pat Mayse would not able to provide an adequate water supply, the city would use trucks to haul potable water for the residents.
(Ordinance 2024-028 adopted 8/16/2024)
(a) 
No person will knowingly or intentionally allow the use of water from the city for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by city manager or designee, in accordance with provisions of this plan.
(b) 
Any person violating any provision of this article shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine in accordance with the provisions of section 1.01.009 of the Code of Ordinances, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. If a person is convicted of three or more distinct violations of this article, the city manager shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances will be restored only upon payment of a reconnection charge as set forth in the fee schedule in appendix A of this code and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the city manager that the same action will not be repeated while the plan is in effect. Compliance with this article may also be sought through injunctive relief in a court of appropriate jurisdiction, and the city attorney is hereby authorized to seek such relief on behalf of the city.
(c) 
Any person, including a person classified as a water customer of the city in apparent control of the property where a violation occurs or originates will be presumed to be the violator, and proof that the violation occurred on the person's property will constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person will have the right to show that he/she did not commit the violation. Parents will be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents' control will constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if they prove they had previously directed the child not to use the water as it was used in violation of this article and that the parent could not have reasonably known of the violation.
(d) 
Any employee of the city, police officer, or other employee designated by the city manager, may issue a citation to a person he/she reasonably believes to be in violation of this article. The citation will be prepared in duplicate and will contain the name and address of the alleged violator, if known, the offense charged, and will direct the violator to appear in the city municipal court on the date shown on the citation for which the date will not be less than three (3) days nor more than thirty (30) days from the date the citation was issued. The alleged violator will be served a copy of the citation. Service of the citation will be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over fourteen (14) years of age who is a member of the violator's immediate family or is a resident of the violator's residence. The alleged violation will appear in municipal court to enter a plea of guilty or not guilty for the violation of this plan. If the alleged violator fails to appear in Municipal Court, a warrant for the violator's arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases will be expedited and given preferential setting in municipal court before all other cases.
(Ordinance 2014-007, sec. 2, adopted 4/28/14; 1988 Code, sec. 34-160; Ordinance 2019-015 adopted 4/8/19; Ordinance adopting 2021 Code; Ordinance 2024-028 adopted 8/16/2024)
(a) 
The city manager, or his authorized designee, may, grant a temporary variance for existing water uses otherwise prohibited under this plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, safety or welfare of the public or the person requesting such variance and if one or more of the following conditions are met:
(1) 
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.
(2) 
Alternative methods can be implemented which will achieve the same level of reduction in water use.
(b) 
Persons requesting an exemption from the provisions of this article will file a petition for variance with the city within ten (10) business days after the plan or a particular drought response stage has been invoked. All petitions for variances will be reviewed by the city manager, or his authorized designee, and will include the following:
(1) 
Name and address of the petitioner(s).
(2) 
Purpose of water use.
(3) 
Specific provision(s) of the plan from which the petitioner is requesting relief.
(4) 
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 article.
(5) 
Description of the relief requested.
(6) 
Period of time for which the variance is sought.
(7) 
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.
(8) 
Other pertinent information.
(c) 
Variances granted by the city will be subject to the following conditions, unless waived or modified by the city manager or designee:
(1) 
Variances granted will include a timetable for compliance.
(2) 
Variances granted will expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.
(d) 
No variance will be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(Ordinance 2014-007, sec. 2, adopted 4/28/14; 1988 Code, sec. 34-161; Ordinance 2019-015 adopted 4/8/19; Ordinance 2024-028 adopted 8/16/2024)