§ 90-96. Variances.

(a)

A user may request a variance from the provisions of this division by submitting a written request to the director of public utilities describing the variance requested, the reason why the variance requested would serve the purposes of this code division, and the specific facts that would justify a variance.

(b)

The director or assistant director of public utilities may grant a variance when the facts and circumstances demonstrate that the purpose of this code division will be or has been achieved by other means, and when application of a rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, "substantial hardship" means a demonstrated economic, technological, legal, or other type of hardship to the user requesting the variance. For purposes of this section, "principles of fairness" are violated when the literal application of a rule affects a particular user in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule. Examples of circumstances that may be candidates for issuance of a variance include, but are not limited to:

(1)

Two or more properties which share a common source of water;

(2)

User maintains an irrigation system that uses soil moisture sensors with remote monitoring and adjustment capabilities that satisfy the requirements of F.S. § 373.62(7).

(c)

Within 30 days after receipt of a petition for a variance, the city shall review the petition and request submittal of all additional information that the city is permitted by this section to require. Within 30 days after receipt of such additional information, the city shall review it and may request only that information needed to clarify the additional information or to answer new questions raised by or directly related to the additional information. The public utilities director or assistant director shall grant or deny a petition for variance or waiver within 90 days after receipt of the original request, the last item of timely requested additional material, or the petitioner's written request to finish processing the petition. The city's decision to grant or deny the variance may be appealed to a special magistrate of the city, and review of the city's decision shall be limited to the city's action on the request for the variance. The city shall maintain a record of each request for a variance and the disposition of each such request.

(d)

The city may limit the duration of any grant of a variance or otherwise impose conditions on the variance to the extent necessary to achieve the purpose of this division of the Code.

(e)

If a variance is granted, the user shall be required to post a notice at each parcel to which the variance pertains.

(Ord. No. 4434-12, § 1, 10-15-2012)