17.44.010 - Nonconforming uses.

A.

Intent. The intent of this section is to permit pre-existing uses and structures which do not conform to the use or dimension standards of this title to continue under conditions specified herein. Alteration or expansion of these nonconforming uses and structures, thereby creating potentially adverse effects in the immediate neighborhood or in the town, are not permitted except as outlined in the following subsections.

B.

Continuation of a Nonconforming Use or Structure.

1.

A nonconforming use or structure may be continued and shall be maintained in reasonable repair but shall not be altered or expanded.

2.

An exception may be granted to allow extension of a portion of a structure that was provided prior to the time the ordinance codified in this title was adopted.

C.

Discontinuation of a Nonconforming Use.

1.

If a nonconforming use involving a structure is discontinued from use for a period of one year, further use of the structure shall conform to this title.

2.

If a nonconforming use not involving a structure is discontinued for a period of six months, continuation of the use shall conform to this title.

D.

Change of a Nonconforming Use. A nonconforming use may be changed to another nonconforming use only if it can be shown to the town council that the new use would have less of an impact than the original nonconforming use.

E.

Destruction of a Nonconforming Use or Structure. If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding sixty (60) percent of fair market value as indicated by the records of the county assessor, a future structure or use on the site shall be in accordance with the provisions of the zone in which the property is located.

F.

Completion of a Structure. Nothing in this title shall require any changes in the plans, construction, alteration or designation use of a structure for which a building permit has been issued and construction has commenced prior to adoption of the ordinance codified in this title, provided the structure, if nonconforming or intended for a nonconforming use, is completed and in use within one year from the time the permit is issued.

G.

Repairs and Maintenance. Any building housing a nonconforming use may be maintained or restored to conform with the standards of the building code, including repair or replacement of fixtures, wiring, plumbing, provided the floor area of the building is not increased.

(Ord. 358 § 11, 1987)

17.44.020 - Conditional uses.

A.

Purpose. The purpose of this section is to provide standards and procedures so that uses which are classified as conditional uses can be allowed in a particular zone in a manner so that the best interests of surrounding property, the neighborhood, and the town are protected.

B.

Authorization to Grant or Deny a Conditional Use. Conditional uses listed in this title may be permitted, altered or enlarged by the authority of the town council in accordance with the standards and procedures set forth in this section.

1.

In taking action on a conditional use permit application, the town council may either approve, disapprove, or approve with conditions, the application. Such conditions are outlined in Section 17.44.040.

2.

Actions by the planning commission and the town council regarding the proposed use must be based on reasons relating to the appropriate development and best interests of the surrounding property, neighborhood, and the town considering such items as the bulk, coverage or density of the proposed use, the availability of public facilities and utilities, and generation of traffic, or other similar matters.

C.

Application for a Conditional Use Permit.

1.

A property owner may initiate a request for a conditional use permit by filing an application with the town clerk using forms prescribed pursuant to Section 17.08.040.

2.

Before the planning commission may act on a conditional use application, a public hearing shall be held in accordance with the provisions of Section 17.08.030.

D.

Building Permits for an Approved Conditional Use. Building permits for a conditional use shall be issued only on the basis of the plan for the conditional use as approved by the town council. Any proposed change in the approved plan shall be submitted to the planning commission for a conditional use.

E.

Time Limit on an Approved Conditional Use Application. Authorization of a conditional use shall be void one year after the date of approval of a conditional use application, unless a building permit has been issued and substantial construction has been initiated in a substantial manner. Upon written request, the town council may extend authorization for additional period not to exceed one year.

F.

Termination of a Conditional Use. A conditional use may be revoked or modified by the town council, after a public hearing, on any one or more of the following grounds:

1.

Approval of the conditional use was obtained by fraud or misrepresentation;

2.

The use for which approval was granted was changed;

3.

The use is in violation of any provision of this title or any other applicable statute, ordinance or regulation;

4.

The use does not meet the conditions specifically established for it at the time of approval of the application.

G.

Limitation.

1.

No request for a conditional use shall be considered by the planning commission within the one-year period immediately following a denial of such request, except the planning commission may consent to a new hearing if, in their opinion, new evidence of a change of circumstances warrants it.

2.

In the case of a use existing prior to the effective date of the ordinance codified in this title and classified in this title as a conditional use, a change in use or in lot area or an alteration or enlargement of a structure shall conform with the requirement for a conditional use.

(Ord. 620 § 12, 2006; Ord. 468 (part), 1998; Ord. 358 § 12, 1987)

17.44.030 - Variances.

A.

Authorization to Grant or Deny Variances. The town council may authorize variances from the requirements of this title where it can be shown that owing to special and unusual circumstances related to a specific piece of property, the literal interpretation or strict application of this title would cause an undue or unnecessary hardship. No variance shall be granted to allow the use of property for a purpose not authorized within the zone in which the proposed use would be located. In granting a variance, the town council may attach conditions outlined in Section 17.44.040 which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purposes of this title.

B.

Circumstances for Granting a Variance. A variance may be granted only in the event that all of the following circumstances exist:

1.

Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the applicant has no control;

2.

The variance is necessary for the preservation of the same property rights as possessed by owners of other property in the same zone or vicinity;

3.

The authorization of the variance will not be detrimental to the purposes of this title, or to property in the same zone or vicinity in which the property is located, or otherwise conflict with the objectives of a city plan or policy;

4.

The variance requested is the minimum variance which will alleviate the hardship.

C.

Application for a Variance.

1.

A property owner may initiate a request for a variance by filing an application with the town clerk using forms prescribed pursuant to Section 17.08.040. The application shall be accompanied by a plan, drawn to a suitable scale, showing the condition to be varied and the dimensions and arrangements of the proposed project.

2.

Before the planning commission may act on a variance application, a public hearing shall be held in accordance with the provisions of Section 17.08.030.

D.

Building Permits for an Approved Variance. Building permits for all or any portion of an application involving an approved variance shall be issued only on the basis of the plan for the variance as approved by the town council. Any proposed change in the approval shall be submitted to the planning commission as a new application for a variance.

E.

Time Limit. Authorization of a variance shall be void one year after the date of approval of a variance application, unless a building permit has been issued and substantial construction has been initiated in a substantial manner. Upon written request, the town council may extend authorization for an additional period not to exceed one year.

F.

Termination of a Variance. A variance may be revoked or modified by the town council, after a public hearing, on any one or more of the following grounds:

1.

Approval of the variance was obtained by fraud or misrepresentation;

2.

The use for which approval was granted was changed;

3.

The use does not meet the conditions specifically established for it at the time of the approval of the application;

4.

The variance is in violation of any of the applicable statutes, ordinances or regulations.

(Ord. 620 § 13, 2006; Ord. 468 (part), 1998; Ord. 358 § 13, 1987)

17.44.040 - Conditions for approving a conditional use or variance.

A.

Standards and Criteria for Granting a Conditional Use Permit. A conditional use shall only be granted after the city council has reviewed the proposed use to determine if it complies with the standards and criteria listed below. A conditional use shall only be granted if the following such findings are made:

1.

The proposed use in the proposed location will not be detrimental to other uses legally existing or permitted outright in the zoning district;

2.

The size of the site is adequate for the proposed use;

3.

The traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity;

4.

The other characteristics of the proposed use are compatible with those of other uses in the neighborhood or vicinity;

5.

Adequate buffering devices such as fencing, landscaping, or topographic characteristics protect adjacent properties from adverse effects of the proposed use, including adverse visual and auditory effects;

6.

The other uses in the vicinity of the proposed site are such as to permit the proposed use to function properly;

7.

That the proposed use complies with other requirements under this title;

8.

Any other similar considerations that may be appropriate to a particular case.

B.

Conditions for Approving a Variance. In approving a conditional use or a variance, the town council may impose, in addition to those standards and requirements specified by this title, additional conditions which the town council considers necessary to protect the appropriate development and best interests of the surrounding property, the neighborhood, and the town as a whole. The conditions may include, but are not limited to the following:

1.

Increasing the required lot size, lot width, or yard dimensions;

2.

Limiting the height, size or location of building or other structure;

3.

Controlling the location and number of vehicle access points;

4.

Increasing the street width;

5.

Increasing the number of required off-street parking or off-street loading spaces;

6.

Requiring fencing, screening, landscaping or other facilities to protect adjacent or nearby property;

7.

Limiting the number, size, location and lighting of signs;

8.

Designating sites for open space or outdoor recreation areas;

9.

Limiting the manner in which the use is conducted including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor;

10.

Providing internal property improvements such as utilities, drainage facilities, streets, curbs, gutters, walkways, parking areas, landscaping, fencing, screening or recreation in areas in order to enhance the area and to protect adjacent or nearby property;

11.

Other conditions necessary to permit the development of the city in conformity with the intent and purpose of this title and the policies of the comprehensive plan.

(Ord. 358 § 14, 1987)

17.44.050 - Temporary use permits.

A temporary use permit shall be issued by the building inspector in the following circumstances:

A.

An applicant who is in the process of building a conventional dwelling may apply for a temporary permit to locate a mobilehome or travel trailer on the building lot during the course of construction of the dwelling. Such permit shall not be issued until after a building permit for the dwelling has been first obtained;

B.

When a temporary structure is used for the housing of equipment or used as offices in connection with construction projects;

C.

An applicant whose health necessitates continual care may apply to locate a mobilehome adjacent to the resident of one who is able to provide such care;*

D.

A permit issued under this section shall be issued for a period not to exceed one year unless extended by the authority of the building inspector for no more than one additional year;

E.

Mobilehomes used for temporary uses must have an approval on sewage disposal systems, water supply and electrical connection by the building inspector.

(Ord. 620 § 14, 2006; Ord. 468 (part), 1998; Ord. 358 § 15, 1987)

Editor's note—

*  Editor's Note: Per action of the town council 9-11-89, water and sewer charges for a mobilehome temporary permit for placement on a lot next to the home of a caregiver shall be:

Editor's note—

  A.  If water or sewer is hooked to existing private lines, the hook-up fee shall be one-half the regular rate for water or sewer hookups. Each unit will be charged the basic monthly fee plus one-half of the overage on water;

Editor's note—

  B.  If hooked to main system, the fee for hook-ups and meter will be the same as for a regular individual residential hook-up.