§ 8-42. Variances.


Latest version.
  • (a)

    The city council will review hardship and special cases that cannot strictly comply with this article to determine whether the case warrants a variance to Stage 2, or a subsequent stage, of the plan.

    (b)

    The city council shall make its determination no later than the fifteenth working day after receipt of a properly completed "application for variance" form. A variance may be granted only for reasons of economic hardship. In this section, economic hardship means a threat to an individual's or business' primary source of income. Inconvenience or the potential for damage to an individual's or business' landscaping is not an economic hardship.

    (c)

    If the city council determines there is an economic hardship, the council shall authorize the implementation of equitable water use restrictions by the applicant that further the purposes of the plan. The special water use restrictions authorized by the council in each special or hardship case must be set forth on the face of the variance. If the variance is granted, the customer must keep a copy of the variance in a location that is accessible and visible to the public.

    (d)

    A variance issued by the city council under Stage 2 of the plan becomes invalid on implementation of a subsequent stage of the plan. A variance expires under its own terms and conditions or when another stage of the plan is in effect. A separate application for a variance must be submitted at each stage, unless a single variance is granted with separate conditions applicable to separate stages.

    (e)

    Any person, corporation or association that is issued a variance must provide proof of the variance on demand by any peace officer or person authorized by the city to enforce this article. On conviction of a person, corporation, or association of violating any provision of this article, the city council may revoke any variance previously granted. The council shall notify the applicant of the proposed revocation five working days before taking action, and an applicant must be given the opportunity to be heard by the council before it takes action.

(Ord. No. 2014-06, § XII, 6-9-2014; Ord. No. 2014-08, § XII, 8-11-2014)