§ 28-504. Variances from water use conservation measures and restrictions.

(a)

Application of provisions. These provisions shall apply to petitions for variances filed with the county.

(b)

Criteria for issuance upon petition by a water user. No petition for variance shall be granted unless the petitioner affirmatively demonstrates that one (1) or more of the following circumstances exists:

(1)

The variance is essential to protect public health or safety;

(2)

Compliance with this section will require measures which, because their extent or cost, impose undue hardship, cannot be accomplished within the anticipated duration of the shortage or will not ensure equitable distribution;

(3)

Alternative restrictions, which achieve the same level of demand reduction as the restrictions from which a variance is sought, are available and are binding and enforceable.

a.

These alternative restrictions shall be summarized within a short-term water reduction plan, prepared by the petitioner, to be submitted to the county for consideration.

b.

Any user who has submitted a short-term water reduction plan in compliance with the county's rules and regulations shall, upon approval, be bound by such plan unless good cause exists for changes to such plan and the plan is amended accordingly.

(c)

Petitions for variance submitted by a water user - contents. The petition shall contain the following:

(1)

The petitioner's name, address and telephone number;

(2)

The specific section of the Code, ordinance, rules or regulations from which the petitioner is requesting relief;

(3)

A detailed statement of the facts which the petitioner believes demonstrates that the request qualifies for a variance, which may include reports by qualified technical experts;

(4)

A description of the relief desired;

(5)

The period of time for which the variance is sought, including the reasons and facts in support thereof;

(6)

The damage or harm resulting or which may result to petitioner from compliance with the Code, ordinance, rules or regulations;

(7)

The restrictions which petitioner can meet and the date when petitioner can comply with such restrictions;

(8)

A short-term water use reduction plan, describing any and all alternative reductions implemented in lieu of the restrictions for which variance is sought, if applicable;

(9)

The steps the petitioner is taking to meet the Code, ordinance, rules, regulations or specific restrictions from which the variance is sought and when compliance will be achieved; and

(10)

Any other information the petitioner believes is material.

(d)

Administrative variances upon petition by a water user. The utilities director shall have the authority to grant a variance when the terms of this section are met. When the terms of the section are not met, the utilities director shall deny the request, at which time the petitioner shall have all rights of appeal as set forth in this section.

(e)

Application for variance appeal. The governing body shall hear and decide appeals from the utilities director's decision to either approve or deny a variance upon submittal of a petition for a variance by a water user. The application for the appeal shall be in the form prescribed by the governing body and shall be filed within thirty (30) days of rendition of the order to be reviewed. The individual filing an appeal shall include any additional data supporting the appeal at the time of filing.

(Ord. No. 2011-13, § I, 7-19-11)