§ 13.20.100  HARDSHIP WAIVER.
   A.   If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property of classes of water users, then the person may apply for a hardship waiver.
   B.   A hardship waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water, or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property.
   C.   Application for a hardship waiver shall be on a form prescribed by the city and accompanied by a non-refundable processing fee in an amount set by City Council resolution.  The application shall be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.
   D.   An application for a hardship waiver shall be denied unless the City Manager finds, based on the information provided in the application or such additional information as may be requested, and based on water use information for the property as shown by city records, all of the following:
      1.   That the hardship waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;
      2.   That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property of use that exceeds the impacts to residents and businesses generally;
      3.   That the authorizing of the hardship waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this chapter and will not be detrimental to the public interest;
      4.   That the subject property's condition, situation, or intended use for which the hardship waiver is sought is not common, recurrent, or general in nature.
   E.   The City Manager shall act upon a complete application no later than ten (10) days after submittal and may approve, conditionally approve, or deny the hardship waiver. The applicant shall be promptly notified in writing of any action taken. Unless otherwise specified, a hardship waiver will apply to the subject property during the period of the mandatory water shortage condition. The decision of the City Manager will be final.
(Ord. 1123, passed 6-18-09; Am. Ord. 1221, passed 6-1-21)