(A) The Appeal Board as established by the community shall hear and render judgment on requests for variances from the requirements of this chapter.
(B) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision or determination made by the Wellhead Protection Area Administrator in the enforcement or administration of this chapter.
(C) Any person or persons aggrieved by the decision of the Appeal Board may appeal the decision in the courts of competent jurisdiction.
(D) No variance may be requested nor granted as a means to circumvent the intentions of this chapter or as a remedy for a violation of this chapter (such as a variance cannot be issued after the fact).
(E) The Wellhead Protection Area Administrator shall maintain a record of all actions involving an appeal.
(F) Upon consideration of the intent of this chapter, the Appeal Board may attach the conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter.
(G) Prerequisites for granting variances:
(1) Variances shall only be issued upon a determination that the variance is the minimum necessary considering the potential threat of contamination of the PWS well and aquifer, to afford relief.
(2) Variances shall only be issued upon:
(a) Showing a good and sufficient cause;
(b) A determination that failure to grant a variance would result in exceptional hardship to the applicant; and
(c) A determination that the granting of a variance will not result in additional threats to the public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(3) Any application to whom a variance is granted shall be given written notice that the activity receiving this variance will decrease the travel time for potential contaminants to reach the PWS well and that any and all liability of a contamination event as a result of this activity receiving the variance is on the variance holder.
(4) Furthermore, the city, its officers and services, as well as its employees are released from any responsibility and liability for any damages and/or contamination events due to activity receiving the variance.
(H) Variances may be issued by a community for new development necessary for the conduct of the functionally dependent use, provided that:
(1) The criteria outlined in this section are met; and
(2) The development is protected by methods that minimize the risk of a contamination event and creates no additional threats to public safety.
(Ord. 103-91, passed 12-18-90)