A. Undue and Disproportionate Hardship. 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 disproportionate to the impacts to water users generally or to similar property of classes of water users, then the person may apply for a waiver to the requirements as provided in this section.
B. Written Finding. The City may grant or conditionally grant the waiver 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 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. Applicants must request a waiver on a form prescribed by the City.
D. Supporting Documentation. Photographs, maps, drawings and other information, including a written statement of the applicant as required by the City, must accompany the application.
E. Required Findings for Waiver. The City Manager, or their designee, may grant a waiver if the City Manager, or their designee, finds, based on the information provided in the application and supporting documents, or such additional information as requested, and on water use information for the property as shown by the records of the City or its agent, all of the following:
1. That the 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 such waiver will not impose substantial detriment to adjacent properties, 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 condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature.
F. Approval Authority. The City Manager or their designee must act upon any completed application no later than ten business days after submittal and may approve, conditionally approve or deny the waiver. The City must promptly notify the applicant requesting the waiver in writing of any action taken. Unless specified otherwise at the time of waiver approval, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. The decision of the City Manager will be final. (Ord. 3299 § 1 (part), 2021)