If an owner or lessee of property within the WHPA believes one or more regulations set forth in this Chapter impose an unreasonable burden on a property or activity, the owner or lessee may seek a regulation variance from the Director as follows:
(a) Such a request must be in writing on a form provided by the Department. The form shall require at least the following:
(1) Name, address, and telephone number of the applicant.
(2) Proof of authority to make application, i.e. proof of property ownership or right to occupy;
(3) The regulation being appealed; and
(4) The reason the regulation is being appealed and the proposed variance with enough detail to allow the Director to understand the situation and how the proposed regulation variance would provide substantially the same protection as the current regulation.
(b) If the Director determines that additional information is needed, the request for additional information shall be made to the applicant within thirty days from the date the request for the variance was received by the Director.
(c) Within thirty days of the receipt of such additional information by the Director, or, if no request for additional information is made by the Director, within thirty days of the date the request for regulation variance was received by the Director, the Director shall issue a written determination to the owner.
(d) The determination shall grant, deny, or partially grant the regulation variance request. A grant, whether partial or complete, may relieve the property owner from strict compliance with one or more regulations in this chapter if the proposed variance provides substantially the same protection as the regulation from which relief is sought. Reasonable conditions may be imposed as part of such a grant. The Public Works Director shall be guided by the facts and circumstances of the particular case with primary goal of protecting the City's well fields without creating undue hardship upon the property owner or lessee affected. A person may appeal a partial grant or a denial in accordance with Section 1041.14.
(Ord. 12-2. Passed 6-19-12.)