Ordinance 2020-557 - Laserfiche WebLink

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I. It shall be the duty of each user to keep informed as to the landscape irrigation conservation measures within this Code, which affect each particular water use. 260-11. Variances A. Any user affected by Article II of Chapter 260 may apply for a variance to the City Manager or designee. A variance from specific days identified in this Article may be granted if strict application of the restrictions would lead to unreasonable or unfair result, provided the applicant demonstrates with particularity that compliance with the schedule will result in substantial economic, health, or other hardship on the applicant, or those the applicant serves. Relief may be granted only upon a demonstration that such hardship exists, is peculiar to the person or the affected property, is not self-imposed, and further demonstrates that7r� anting the variance would be consistent with the=ems intent and purpose of this Code. B. Examples of circumstances for a variance include, but are not limited to: 1) Two (2) or more properties which share a common source of water; 2) A public or private water system experiencing or anticipating distribution problems; 3) A user maintains an irrigation ystem that uses soil moisture sensors or weather - based irrigation controllers; or 4) Where a contiguousproperty is divided into different zones, a variance may be granted so that each zone may be irrigated on days different than other zones of the property. However, no single zone may be irrigated more than two (2) days per week. C. Variance Application Fee: Single -Family Residential ................................. $100.00 Multi -Family Residential and Commercial ............. $250.00 D. Upon receipt of an application for variance from the reauirements of this Article. in addition to the payment of the Variance Application Fee, the City Manager or designee shall render a decision on the variance within ten (10) days. Denials of variance relief may be appealed to the City Commission within thirty (30) days of the user's receipt of the notice of denial. Anv notice of denial or subseauent appeal shall be sent by certified mail, return receipt requested. E. A variance application and/or granting a variance under provisions of this Article shall operate prospectively, shall not stay or abate the enforcement of the provisions of this Article, and shall not affect any prior or pending enforcement actions against the affected person that have been initiated pursuant to the provisions of this Article. F. If a variance is granted, the user shall be required to post a notice at each parcel to which the variance pertains. G. A variance is invalid if it has expired or if the user or its agent violates the terms of the variance. H. Recognition of District Variances. The City of Sunny Isles Beach recognizes and adopts all irrigation variances or waivers issued by the District. Amend Chap 260 Provide for Year -Round Irrigation Conservation Page 6 of 8