(A) Application. If any activity or use of regulated substance is deemed by the City Manager or authorized designee to pose a real and present danger of contaminating surface and/or groundwater which would normally enter the public water supply, the City Manager is authorized to:
(1) Cause cessation of the activity or use of the regulated substance;
(2) Require the provision of administrative controls and/or facilities sufficient to mitigate the danger; and/or
(3) Cause the provision of pollution control and/or abatement activities.
(B) Exemption of certain regulated substances. The City Manager is authorized to exclude certain regulated substances, that pose no threat to ground water, from the provisions of these regulations. Prior to authorizing the exemption of any regulated substance, the City Manager shall have the request for exemption reviewed by the Board of Zoning Appeals. The recommendation of the Board of Zoning Appeals shall be binding on the City Manager.
(C) Technical consultants. Upon application for a zoning clearance permit and/or occupancy certificate for a use within the “WP” Well Field Protection Overlay District, the City Manager may employ such technical expertise as needed to ensure compliance with the provisions of these regulations. All costs incurred in the compliance review process shall be passed through to the applicant and shall be in addition to those fees normally charged by the city to review an application for a zoning clearance permit and/or occupancy certificate.
(D) Appeals. The Board of Zoning Appeals of the city shall hear Well Field Protection Overlay District appeals. The Board shall have the authority to take appeals, investigate matters related to the appeals, deny, uphold, or otherwise modify or waive the City Manager’s actions on a case-by-case basis.
(E) Findings. No modification or waiver of the requirements of this subchapter shall be authorized by the Board of Zoning Appeals unless it enters written findings that all of the following facts and conditions exist:
(1) Exceptional burden. That there are exceptional circumstances regarding the property or its conforming uses which make enforcement of this chapter an unreasonable burden on the continuation of the conforming uses; and
(2) Lack of increased hazard. That the waiver or modification shall not increase the threat of contamination of the community’s potable water supply.
(1985 Code, § 8-3-6L.) (Ord. 1996-5, passed - -1996)