§ 52.12 VARIANCE AND APPEAL.
   (A)   A person who has properly applied for and has been denied a permit by the Public Works Director under §§ 52.02 through 52.05 hereof may request a variance from the application of this chapter. All requests for variances shall be made in writing to the City Manager and shall include:
      (1)   The subject of the requested variance; and
      (2)   The justification for granting a variance.
   (B)   The party requesting a variance has the burden of demonstrating that sufficient evidence exists for the granting of a variance to these rules, and the Public Works Director shall consider and provide a written response to all such variances.
   (C)   If a variance is granted for the construction of a water well, the water wells shall be constructed by a state licensed driller and according to the methods outlined in the Public Works Water Wells Permitting Procedures. This construction shall occur under the authority of the permit to drill issued by the Public Works Director and under the inspections associated with the permit.
   (D)   Any variance granted under this section shall have a term of three years form the date of issuance, and any activity which would otherwise be prohibited by this division except for the existence of a variance may not continue after the expiration of the applicable variance.
   (E)   Any person who properly requests a variance pursuant to this section which is denied by decision of the Public Works Director, may appeal such denial to the Public Works Director by filing a request for appeal within ten days form the date notice of denial is received. The Public Works Director may require additional information from or request a meeting with the person making the appeal, and the decision of the Public Works Director on the issuance of a variance of permit under this section shall be considered final.
(Ord. 18-1207, passed 4-5-2018; Ord. 18-1213, passed 6-21-2018)