§ 98-444. Variances.

(a)

The director may grant variances from the provisions of sections 98-464 and 98-476 to persons demonstrating extreme hardship and need, as determined by the director, if the following conditions are met:

(1)

The applicant signs a compliance agreement on forms provided by the director and approved by the city attorney, agreeing to irrigate or water a lawn or landscape or to use the water only in the amount and manner permitted by the variance;

(2)

Granting a variance must not cause an immediate and significant reduction in the city's water supply; and

(3)

Failure to grant the variance would result in an emergency condition adversely affecting health, sanitation or fire safety for the public or the person requesting the variance.

(b)

The director may revoke a variance granted when the director determines that:

(1)

The conditions of subsection (a) are not being met or are no longer applicable;

(2)

The terms of the compliance agreement are being violated; or

(3)

The health, safety or welfare of other persons requires revocation.

(c)

Appeal. Denial or revocation of a variance by the director may be appealed to the city manager by filing a written notice of appeal with the city manager within ten days after issuance of the director's decision. The city manager's decision shall be final.

(Ord. No. O-2009-005-11, § 1, 1-26-09; Ord. No. O-2014-012-11, § 2, 6-23-14)