§ 37-609. Variances.

(a)

All requests for a variance(s) from the requirements of this article shall be made in writing to the water division manager. The water division manager may require the applicant for a variance to provide such information as necessary to carry out the purpose of this article. The water division manager may approve, approve with conditions or deny requests for variances. A variance from the specific landscape irrigation days or day set forth in section 37-604 of this article may be granted if strict application of the scheduled days or day would lead to unreasonable or unfair results in particular instances, provided that the applicant demonstrates with particularity that compliance with the scheduled days or day will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant. Where a contiguous property is divided into different zones, a variance may be granted hereunder so that each zone may be irrigated on a different day or days than other zones of the property. Variances from the provisions of section 37-604 shall not authorize any single zone to be irrigated more than two (2) days per week when Daylight Saving Time is in effect and no more than one (1) day per week when Eastern Standard Time is in effect.

(b)

Copies of all variances and extensions for variances from the requirements of this article, issued by the applicable district, must be filed with the Orange County Utilities Department, Water Division, immediately upon receipt.

(c)

Appeals of variance decisions.

(1)

Any appeal of a final decision of the water division manager must be made to the director of the Orange County Utilities Department within fifteen (15) days from the date of the written decision of the water division manager. All appeals shall be in writing and state all specific grounds of appeal. All appeals shall be filed with the water division manager.

(2)

The utilities director, or his designee, shall consider the appeal within thirty (30) days from the water division manager's receipt of the appeal. Should the utilities director request additional information, the appeal shall be considered within thirty (30) days from the receipt of the requested information. In passing a decision upon an appeal, the utilities director may, in conformity with the terms of this article, affirm or reverse, in whole or in part, or modify the order, requirement, decision or determination from which the appeal is made. In granting a variance on appeal, the utilities director may attach such conditions and safeguards as is deemed necessary to further the purpose of this article. All decisions made by the utilities director shall be in writing.

(3)

Timely appeals of the final decision of the utilities director will be heard by the board of county commissioners. Any appeal of the final decision of the utilities director must be initiated within twenty-one (21) days of the mailing of the notice of action from the utilities director. Hand delivery of notice may be substituted for mail delivery. All appeals shall be in writing and filed with the water division manager within thirty (30) days of the date of the final decision of the utilities director. All written appeals must state all specific grounds for appeal. All appeals shall be brought before the board of county commissioners at a public hearing.

The board shall set a public hearing and a public notice of such public hearing one (1) time in a newspaper of general circulation in Orange County at least two (2) weeks prior to said public hearing. Said notice shall state the proposed variance requested and all of the specific grounds for appeal.

The water division manager shall notify the applicant of the date and time of the public hearing and shall direct the applicant to post the property with a notice of public hearing. The applicant shall place the notice in a conspicuous and easily visible location on the subject property at least thirty (30) days prior to the public hearing.

The board, at the public hearing, shall hear any individual who wishes to speak for, or against the recommendations made by the utilities director to the board with regard to whether or not the requested variance will materially affect any of the rights or interests of the public, considering the requirements and prohibitions set forth in this article, and shall either approve or deny the recommendations of the utilities director with regard to the approval of the requested variance.

(Ord. No. 2008-08 , § 9, 5-20-08; Ord. No. 2010-02 , § 8, 2-23-10)