(A) Hydrologic study. The county is conducting a hydrological study of all groundwater basins in the county. The county expects the study to be completed in the fall of 1991.
(B) Final water conservation plan. Based upon the information generated by the hydrologic study and by other sources, the Board of Supervisors of the county shall adopt a final water conservation plan. The final water conservation plan shall be adopted in accordance herewith. Building permits shall be issued in conformance with the final water conservation plan.
(C) Interim restrictions. Before the adoption of the final water conservation plan, the county imposes certain interim restrictions on the issuance of building permits. These restrictions are specified herein.
(D) Exemptions. Building permits of the following nature are exempt from the interim restrictions hereof:
(1) Non-residential structures. Non-residential structures are those structures which are not dwelling units as such are defined in the Uniform Building Code or the county zoning ordinance, Ord. 479. This exemption does not apply to structures appurtenant to residential structures which result in additional demand for water; including without limitation, swimming pools.
(2) Reconstruction or remodeling of existing residential structures. RECONSTRUCTION OR REMODELING OF EXISTING RESIDENTIAL STRUCTURES means the reconstruction of a damaged or destroyed dwelling unit, or any construction to an existing dwelling unit; provided that in either case, the square footage sought does not exceed the original square footage, and the dwelling unit was capable of legal occupation prior to the need for reconstruction or construction.
(E) Variance.
(1) Variance for applications for building permits for structures satisfying an overriding community need.
(a) This variance category shall apply to applications benefitting public health, safety or welfare which may increase consumptive demand from any water source available in the county, but which do not propose to increase water supplies. Each application for a building permit listed in this division shall be reviewed by the Planning Commission.
(b) In its exercise of discretion on the variance application, the Planning Commission shall weigh the benefit a project would confer upon the public health, safety or welfare of the county against the water use burden that the proposed structure shall place upon any water source available in the county and shall find that the proposed application meets an overriding community need; e.g. affordable housing. Thereafter, the Planning Commission may choose to grant approval, deny approval or place conditions upon the quantity or nature of water use on that site by imposing conditions on the building permit.
(c) Based on the above criteria, the following permits may be issued until a final water conservation plan is adopted only upon the grant of a discretionary variance by the Planning Commission:
1. New non-governmental structures which promote public health, safety or welfare of the county; and/or
2. New governmental community structures which promote the public health, safety or welfare of the county.
(2) Variance for applications for building permits for structures that intensify demand for water but which also propose to increase water supplies or which propose to offset new demand with on-site water use savings.
(a) This variance category shall apply to applications which propose to increase consumptive demand from any water source available in the county, but which also propose a parallel increase in water supplies, or which propose a new water use which is offset by water use savings created at that same site. Each application listed in this paragraph shall be reviewed by the Planning Commission.
(b) In its exercise of discretion on the variance application, the Planning Commission shall weigh the general benefit a project would confer upon the county against the water use burden that the project could place upon any water source available in the county in the event the new water supply was not sufficient to meet all demand caused by the new developments, or in the event the on-site water use reduction was not permanently achieved. Applications in this category shall only be approved if the increase in new water supply (or reduction in past use at that site) can be caused by that applicant.
(c) Applications which develop new water supplies must clearly document an augmentation of water yield. Applications based on conserved water must clearly document that water savings are real, and permanent. Off-site water credit transfers shall not be allowed by this exemption.
(d) The Planning Commission may choose to grant approval, deny approval or approve the application with conditions upon the quantity or nature, of water use on that site by imposing conditions on the building permit.
(e) Based on the above criteria, the following building permits may be issued until the final water conservation plan is adopted only upon the grant of a discretionary variance by the Planning Commission:
1. Expansion of water distribution systems:
a. All applications for structures which will add new water production facilities to an existing water distribution system.
b. All applications for structures to add new water distribution facilities to distribute newly-developed water.
2. Development based on new water supplies; all applications for structures that will use newly-developed water to augment other existing supplies available in the county.
3. Development based on documented water conservation measures. All applications for structures that will use conserved water which conservation can be documented to be permanently withdrawn from use on that same site.
(1966 Code, § 17D-2) (Ord. 594, § 1(part))