§ 2-360. Authority of County Manager to grant exceptions to article provisions; guidelines for determination of public interest.  


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  • The County Manager or his designated agent is hereby authorized to grant such exceptions to or variances from the terms of this article as he deems consistent with the public health, safety and general welfare of the residents of the County. In determining which applicants, if any, should be granted exceptions or variances from the terms of any order issued pursuant to this article, the County Manager or his designated agent shall be guided by the standard of public interest. In determining the public interest the County Manager or his designated agent may consider the following guidelines in descending order of importance:

    (a)

    The amount of water requested and its relationship, if any, to the supply of water available, if any, and the causes calling the order or orders issued pursuant to this article;

    (b)

    Domestic use normally has the highest priority. For purposes of this section "domestic use" means any use of water for individual personal needs or for household purposes such as drinking, bathing, heating, cooking or sanitation;

    (c)

    Proposed uses that supply essential services to the public are to be preferred over proposed uses not supplying such essential services. For purposes of this section "essential services" include, but are not limited to, fire departments, hospitals or other emergency services;

    (d)

    Proposed public use or quasi-public uses are to be preferred over proposed private uses;

    (e)

    Proposed water uses that do not require extensions of existing water mains are to be preferred over those requiring such extensions;

    (f)

    Proposed uses that will diminish reliance on private water supply wells are to be preferred over proposed uses calling for new supplies of water to areas not relying on private water supply wells;

    (g)

    Proposed uses that will diminish serious economic hardships or loss of invested capital if not granted are to be preferred over proposed uses not subject to such losses or hardships;

    (h)

    Economically more productive uses should be preferred over less productive uses.

    The listing of the above guidelines is nonexclusive and should establish a priority ranking between prospective users.

(Ord. No. 75-31, § 12, 5-7-75; Ord. No. 83-92, § 4, 10-4-83)