(A) Unless the context clearly indicates otherwise, the following words and terms shall have the meaning set forth below:
(1) PERSON shall mean any natural person, partnership or association, private or public corporation.
(2) PRIVATE WATER SUPPLY SYSTEM shall mean any non-municipal water system used for human consumption or for non-consumption, including for irrigation, domestic use, and commercial use, except as provided in division (C) below.
(3) PUBLIC WATER AND SUPPLY SYSTEM shall mean the city water supply system.
(B) Except as provided in division (C) below, no person shall build, establish, expand or maintain a private water supply system within the city, unless there shall be no public water supply system within 150 feet from the boundary line of the property on which the facility using the water or connection to city wastewater sewer system is located.
(C) Properties located in the A-Agricultural District requiring water as part of the non- residential portion of a farming operation, and properties lawfully engaged in a business requiring in excess of 100,000 gallons of water per month in the production process, not discharged into the city sewer system, may apply for a conditional use permit to install replacement equipment for a private water supply system or to expand an existing private water system within the city. For purposes of this provision, expansion shall not include creation of new wells but only expansion of the use of existing well(s) and shall only pertain to water used in a production process which is not discharged into the city water system. No construction of new private water supply systems shall be allowed under this provision. Conditional use permits authorized pursuant to this provision shall constitute an exception to the requirement of mandatory connection to city water pursuant to the city code.
(D) This section shall be effective November 21, 2012. Any private water supply system that is in place and operational as of that date shall not be subject to this section, except as provided in § 52.56 of the City Code.
(E) Any person who shall have applied to the appropriate state agencies for permits to build and establish a private water supply system by November 21, 2012, shall not be subject to this section for the water system so applied for provided:
(1) Such person diligently pursues such application; and
(2) Such person commences construction of such system within 90 days after obtaining such permits.
(F) Each day any person is in violation of this section shall constitute a separate offense.
(G) Any violation of this section shall constitute a misdemeanor.
(Ord. 2012-11-2, passed 11-13-2012; Am. Ord. 2013-8-4, passed 8-27-2013; Am. Ord. 2015-10-1, passed 10-13-2015)