(a) Undue or Disproportional Hardship. If, due to unique circumstances, a specific requirement of this water conservation ordinance 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 the 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) Establishment of Waiver. A waiver may be granted only where it is found and determined that failure to grant a waiver would:
(1) Cause an unnecessary and undue hardship on applicant or the public, including but not limited to, the substantial loss of trees or landscaped areas installed or renovated prior to the implementation of a Drought Response level or proclamation of a drought emergency additional watering is required to plant and maintain those landscaped areas for a limited amount of time; or
(2) Cause an emergency condition affecting the health, sanitation, fire protection or safety of the applicant or the public.
If such a determination is made, the County will provide the customer with an allowable watering schedule, which will include an allocated increase in water use, and when such watering schedule exception will expire. Any violation of the schedule will be punishable as set forth in this article. Approval of establishment waivers will be based on current water conservation targets, the customer’s ability to provide alternative means of providing comparable water conservation, and the County’s ability to meet those targets.
(c) Application. A person wishing to receive a waiver pursuant to this section must submit a written request/application to the Community Service Director or the Director’s designee, which should include a statement describing the reasons for the request, a detailed watering schedule, duration of waiver, and any other relevant information to support the request, including but not limited to any photographs, drawings, or maps.
(d) Written Finding. The waiver may be granted or conditionally granted only upon a written finding of the existence of unique circumstances and facts demonstrating an 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 use due to specific and unique circumstances of the user or the user’s property. The findings must also include a determination that, based on the information in the request/application and any other relevant information, a waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses.
(e) Approval Authority. The Community Services Director or authorized delegate of the County must act on any completed application no later than fifteen (15) business days after submittal. The County may request a site visit, if needed, to verify or collect any missing information needed to make the final decision. The Community Services Director or authorized delegate may approve, conditionally approve, or deny the waiver request. The applicant requesting the waiver must be promptly notified in writing of any action taken. The decision of the Community Services Director or authorized delegate is final.
(Ord. 1540, eff. September 14, 2021)