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(a) General Variance. The municipal court may for any reason grant a <br />variance from an exclusion at any time during an exclusion period. <br />(b) Residential Variance. The court shall grant a residential variance to <br />an excluded person if the person certifies: <br />1. That the person lived in the downtown public safety zone, <br />other than transient occupancy in a hotel or motel, when <br />excluded; and <br />2. Continues to live in the downtown public safety zone. <br />(c) Essential Needs Variance. The court may grant an essential needs <br />variance to an excluded person if the excluded person certifies: <br />1. That the excluded person possesses a residential variance; <br />2. That the excluded person must access a public or private <br />place within the downtown public safety zone that fulfills an <br />essential need; and <br />3. That the essential need sought by the excluded person cannot <br />reasonably be accessed by the excluded person without <br />violating the downtown public safety zone exclusion. <br />(d) Employment Variance. <br />1. The court shall grant an employment variance to an excluded <br />person if the excluded person certifies that the person is an <br />owner, principal, agent or employee of a place of lawful <br />employment located in a downtown public safety zone. <br />2. The court may grant an employment variance to an excluded <br />person to allow travel within the downtown public safety zone <br />in accordance with the terms of the variance if the excluded <br />person certifies: <br />a. That the person is an owner, principal, agent or <br />employee of a place of lawful employment; and <br />b. The excluded person will be required to perform <br />employment-related services in the downtown public <br />safety zone. <br />(e) Social Services Variance. The court may grant a social services <br />variance to an excluded person if the excluded person certifies: <br />1. That the person is in need of social services located in the <br />downtown public safety zone; <br />2. The social services are sought for reasons relating to the <br />health or well-being of the excluded person; and <br />3. The social services agency has written rules and regulations <br />prohibiting the unlawful use and sale of controlled substances <br />by their clients. <br />(f) Educational Variance. <br />1. The court shall grant an educational variance to an excluded <br />person if the excluded person certifies: <br /> <br />Ordinance - Page 6 of 8 <br /> <br />S0808115-attA.doc <br /> <br />