(a) Undue and Disproportionate Hardship: If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person or business using water or to the 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 or business may apply for a waiver to the requirements as provided in this section.
(b) Unique Circumstances: If, due to unique circumstances, specific requirement(s) of this chapter would present an impractical barrier to the customer’s operations, but that customer is still able to meet the water conservation goals of the declared water supply shortage through an alternative conservation plan, then the entity may apply for a waiver to the requirements as provided in this section and submit an alternative plan to achieve the required conservation.
(c) Disability: If, due to physical limitations, impairment or disability, residents may apply for a waiver to substitute the hand-watering allowances herein with automated watering.
(d) Written Finding: The waiver may be granted or conditionally granted only upon a written finding of the existence of facts supporting the undue hardship, unique circumstances or disability limitation as presented through the following:
(1) Application: Application for a waiver must be on a form prescribed by the City and accompanied by a processing fee in an amount set by City Council resolution.
(2) Supporting Documentation: The application should include photographs, maps, drawings, and all other relevant information, including a written statement of the applicant.
(3) Required Findings for Waiver: An application for a waiver will be denied unless the City 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 water use records, all of the following:
(i) That the waiver would not constitute a grant of special privilege over other residents and businesses; and
(ii) 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 be detrimental to the public interest.
(4) Approval Authority: The Public Works Director must act upon any completed application no later than 14 days after submittal and may approve, conditionally approve, or deny the waiver. The applicant will be promptly notified in writing of any action taken. Unless specified otherwise, at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. The waiver may be revoked or modified upon written notice from the Public Works Director.
(5) Applicants may file an appeal with the City Manager's office within 14 days of receipt of the decision of the Public Works Director on the waiver application. The appeal must include an additional processing fee in the amount set for the initial waiver.
The additional fee will be refunded if the appeal is successful. The City Manager or his/her designee must act upon the appeal within 14 days and this decision is final.
(§ 2, Ord. 1705-NS, eff. November 25, 2022)