§ 82-2. County year-round water conservation measures.

(a)

Definitions. Terms used, but not otherwise defined, in this section shall be defined as in Rule 40D-22, Florida Administrative Code.

Overhead irrigation means the use of equipment and devices, which deliver water under pressure, through the air, above the level of the plant being irrigated.

Water user means an owner of the real property on which water use is occurring, a tenant with current right to occupancy of the real property on which water use is occurring, the local managerial person in control of the day to day activities on real property on which water use is occurring, or the county utilities account holder for the real property on which water use is occurring.

(b)

Violation of year-round conservation measures. Any violation of the Southwest Florida Water Management District Chapter 40D-22 F.A.C. Year-Round Water Conservation Measures shall be a violation of this section. Variances granted by the Southwest Florida Water Management District are exempt from the provisions of this section.

(c)

Penalties. Violations of this section are punishable as provided in section 1-8.

(d)

Area embraced. All territory within the legal boundaries of Pinellas County, Florida, including all incorporated and all unincorporated areas served directly or indirectly by the county water system, either by wholesale or retail service, are subject to this section.

(e)

Variances.

(1)

Authority. To the extent not inconsistent with Rules 40D-22, F.A.C., the county administrator or his designee may grant a variance from the terms of this section when such variance will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this section would result in hardship on the applicant. Hardship may include, but is not limited to, physical hardship, irrigation system limitations, religious convictions or the health and safety of the applicant. Such variance shall not be granted by the county administrator or his designee unless and until a written application for a variance shall be submitted to the county utilities department demonstrating that:

a.

The variance shall not be in conflict with any other applicable ordinance or state law.

b.

The variance will not adversely affect the water supply.

c.

The variance will not violate the general spirit and intent of this section nor will it be inconsistent with the comprehensive plan.

(2)

Approval by county administrator. The county administrator or his designee shall consider a variance from the terms of this section as soon as possible after submittal of the written application therefor. In granting any variance, the county administrator or his designee may prescribe appropriate conditions and safeguards to assure conformance with the criteria listed in subsection (e)(1) of this section. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this section.

(3)

Appeal. The applicant for a variance may appeal the denial of a variance by requesting a hearing before the board of county commissioners. The applicant shall have 15 days from receipt of notice of denial of the variance to request a hearing. The hearing shall occur as soon as reasonably practicable but in no event later than 35 days after receipt of the request for the hearing. The hearing shall provide for adequate due process as constitutionally required in any quasijudicial proceeding. The board of county commissioners may uphold the denial of the variance, grant the variance, or grant a variance with such terms as it deems necessary to assure conformance with the criteria listed in subsection (e)(1) of this section.

(Ord. No. 94-53, §§ 1—5, 7, 6-7-94; Ord. No. 03-99, § 2, 12-16-03; Ord. No. 10-60, § 1, 10-26-10)