(A) Existing Uses: Any of the land uses, facilities, or activities in existence on the date of adoption of this chapter may continue to exist on the parcel upon which it is located, provided that all existing facilities, land uses or activities are in compliance with all federal/state/local laws. If any facility, land use or activity is found to be not in compliance, the responsible parties shall have sixty (60) days to obtain the necessary permits or anything else that is required for them to be in compliance with all federal/state/local laws. The sixty (60) day limit shall apply from the first date of notification from the city of Carlin to the responsible party. Replacement or repair may be granted by the Carlin city council, after review and recommendation by the Carlin planning commission. Uses incidental and accessory to such established facilities or activities may be continued in the same manner, provided that such use is not determined by any board, court or competent jurisdiction to be a violation under the provisions of federal, state, and/or local laws or regulations. If an existing use, facility, or activity discontinues, it shall not be allowed to resume operation until it is determined that such use, facility, or activity complies with guidelines, zoning, and regulations that are in effect at the time. Such determination shall be made by the Carlin city council after review and recommendation of the Carlin planning commission.
(B) Development: Any development subsequent to the adoption of this chapter must be done in compliance with existing zoning for the parcels of land involved. There may be additional, more stringent requirements for added protection of the drinking water sources. These additional requirements shall be determined by the Carlin city council. Any potential development within the Carlin drinking water protection critical areas shall be submitted to the Carlin planning commission who will, in turn, review the proposal and make recommendation to the Carlin city council. Permitted uses must be in compliance with section 3-16-5 of this chapter. There shall be no variance of the zoning of the land, unless the use is of a lesser impact. The degree of impact shall be determined by the Carlin city council.
1. Additional Requirements For Development In The Carlin Drinking Water Protection Critical Areas: The following, as a minimum, will be required for all development. Additional design standards may be required as determined by the Carlin city council.
(a) The planned use, facility, or activity shall be connected to the city of Carlin water system and to the city of Carlin sanitary sewer system. No septic tanks, cesspools, or individual wastewater disposal systems shall be allowed. No wells shall be allowed, with the exception of monitoring wells which are approved by the Carlin city council.
(b) Parking areas shall be designed to contain any and all potential pollution or contamination sources: i.e., antifreeze, motor oil, gasoline, asphalt residue, storm runoff, etc., to prevent seepage into the ground. These contained potential pollution or contamination sources must be disposed of properly in accordance with local, state and federal law.
(c) Landscaping shall be designed not to contaminate or pollute the ground water. The design standard must contain any and all substances, chemicals, products, etc., that could be potential pollution or contamination sources. These contained potential pollution or contamination sources must be disposed of properly in accordance with local, state and federal law.
(d) Acts of God, occurring from unforeseen, naturally occurring events that are unavoidable are exempt from this section.
2. Development Permitting: Following approval of the proposed development from the Carlin city council, the developer, property owner, and/or interested party(ies) shall obtain all applicable permits and proceed with the development process according to specifications required by the Carlin city council and in accordance with development requirements within the city of Carlin. (Ord. 223, 7-25-2007)