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, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirements as provided in this section.
B. Written Finding. The 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 that is disproportionate to the impacts to water users generally or to similar property or classes of water user due to specific and unique circumstances of the user or the user's property.
1. Application. Application for a waiver shall be on a form prescribed by the city and shall be accompanied by a non-refundable processing fee in amount set by resolution of the city.
2. Supporting Documentation. The application shall be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.
3. Required Findings for Variance. An application for a waiver shall be denied unless the approving authority, either city manager or the city manager's designee, finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the city, all of the following:
a. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses.
b. 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 or use that exceeds the impact to residents and businesses generally.
c. That the authorizing of such 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 detrimental to the public interest; and
d. 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.
4. Approval Authority. The city manager or their designee shall exercise approval authority and act upon any completed application no later than fifteen business days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver shall be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver applies to the subject property during the term of the mandatory water supply shortage condition.
5. Appeals to the City. An applicant may appeal a decision or condition of the city manager or the city manager's designee, on a waiver application to the City Council within fifteen calendar days of the decision upon written request for a hearing. The request shall state the grounds for the appeal. At a public meeting, the City Council shall act as the approval authority and review the appeal de novo by following the regular waiver procedure. The decision of the City Council is final.
(Ord. 2015-09-1478 § 3 (part); Ord. 2009-04-1399 § 1 (part))