PENDING ORDINANCES
TITLE 9 CHANGES
9-1-0: SCOPE OF REGULATIONS:

This chapter describes the general rules and regulations necessary to effectively administer the land management and development code of the town. Procedures for permitted use and conditional use applicants are defined. Code and zoning amendments, as well as appeal procedures and nonconforming uses, are explained in detail. The infrastructure impact review process is also emphasized throughout the permitting procedure. Other important procedures and provisions are defined in this chapter as well. (Ord., 1-18-2005)
 
9-1-2: STATEMENT OF PURPOSE:
 
A. After considerable public input and several public hearings over a period of six (6) months, this title was developed, designed and enacted to implement the goals and objectives of Corinne City's 1998 general plan, a document designed to protect its special rural, agricultural quality of life. More generally, the following goals and objectives define the major purposes of this title:
1. To promote the health, safety, convenience and general welfare of the present and future inhabitants of the community.
2. To encourage and facilitate the orderly growth and development of the community and to implement the goals and policies of the general plan.
3. To provide adequate open space for light, air, agriculture and environment; to prevent overcrowding of the land and to minimize congestion on the streets.
4. To secure economy in municipal expenditures and to encourage adequate provisions for transportation, water, sewage, schools, public safety, parks and other public facilities and services.
5. To increase the security of home life and to preserve a more favorable environment for the citizens and visitors of the community.
6. To ensure safety from fire and other manmade or natural dangers, city adheres to NFPA & IFC Fire Code Requirements.
7. To stabilize and protect property values and to place compatible uses together in the community.
8. To enhance the economic and cultural well being of the inhabitants of the community.
9. To promote the development of a more wholesome, serviceable and attractive community resulting from an orderly, planned use of resources.
10. To establish proper zoning regulations; to ensure the suitability of the land for particular uses and to conserve the value of buildings and encourage the most appropriate use of land throughout the community.
11. To preserve the rural, agricultural quality of life enjoyed by the residents of the town.
12. To further the purpose of this title and to promote the objectives and qualities of the respective zones.
 
B. It is the intention of the town in adopting this title to fully exercise all of the powers granted to the town by the provisions of the Utah municipal land use, development and management code, Utah Code Annotated section 10-9a-101 et seq., as amended, and all other powers granted by statute or by common law for the regulation of land uses and improvements. The intention of the town is to assure the managed, proper and sensitive/critical development of land within the town and to protect and enhance the quality of rural life in general. The code is intended to allow development in a manner that encourages the preservation of scenic values, historic structures, the unique agricultural setting of the town, and provide for well planned commercial and residential centers, smooth traffic circulation, and efficient delivery of municipal services. The code seeks to prevent development influenced by existing geologic hazards, erosion, flooding or other conditions that create potential dangers to life and safety in the community, or development that influences critical wildlife habitats, or developments that detract from the rural quality of life in the community. (Ord., 1-18-2005)
 
9-1-5: AMENDMENTS TO TITLE AND ZONING MAP:

It may become desirable from time to time to amend the provisions of this title or the zoning map. This title should be constantly reviewed and improved upon to stay viable and useful to the town. All amendments shall be made in the following manner:
 
A. Amendments: Amendments to the provisions of this title may be made by the planning commission and town council, as originated in either body (although normally originated by the planning commission) from time to time, following a properly posted public hearing of each body. Notice of public hearings and meetings on amendments to this title shall be as provided in Utah Code Annotated section 10-9a-205. The first hearing must be held by the planning commission and the proposed changes must then be certified to the town council for their action. After the town council hearing, the amendment, as proposed, amended and/or rejected may be adopted on the day of the hearing or at any time following the hearing; provided, it is adopted at a town council meeting.
 
B. Types Of Amendments: The types and nature of amendments that may be made are classified as follows:
1. Allowing a use previously prohibited.
2. Prohibiting a use previously allowed.
3. Increasing or decreasing the density of the uses previously allowed.
4. Changing a permitted use to a conditional use.
5. Changing a conditional use to a permitted use.
4. Changing the zone of any property.
5. Procedural or regulatory changes, both minor or major.
6. Zone map amendments or modifications.
7. Repealing of any regulation or procedure.
8. Adding of any regulation or procedure.
9. Any other miscellaneous changes that may become necessary.
 
C. Petition For Zone Change Or Title Amendment: A petition to change the zone of any land within the town or to amend this title, other than changing the zone map, shall be filed first with the planning commission in a letter or on a form prescribed for that purpose. The form or letter shall contain a legal description of the land affected by the petition, and a statement of the petitioner's interest in the land included within the petition. The petition shall state the current zone of the property and the desired change. The petition shall give the reasoning for the change. A fee will be established for acting on a petition for a zone change as described in the current town fee resolution in effect at the time. (To change or amend the zone within a legally recorded subdivision, the petition must also include signatures of approval by the owners of at least 51 percent of the platted lots in the subdivision.) The petition must also include all of the names of property owners within a two thousand five hundred foot (2,500') radius of the property boundary under petition, with the signatures of those approving of the change clearly shown. Those owners whose signatures are not shown on the petition shall be sent letters with the petition for their review and comments, and their names shall be provided to the town by the petitioner so that the notices of hearings and petition can be sent to them by the town.
 
D. Hearings Before Planning Commission: The planning commission shall hold a public hearing on all petitions for zone changes and receive comments from citizens or property owners affected by the change. The planning commission shall also hold a public hearing on other amendments to the subdivision and master planned development code. Notice of all zone change hearings before the planning commission shall be given as set forth in section 9-1-6 of this chapter. The notice shall state generally the nature of the proposed amendment as outlined in subsection B of this section and the land affected, and the time, place and date of the public hearing. The notice shall also state that more detailed information shall be available for public inspection at the town recorder's office, or other specified location at the time the notice is published.
 
E. Action By Planning Commission: Following the hearing, the planning commission shall adopt formal recommendations to be presented to the town council regarding the matter before it, approving, disapproving or modifying the proposal. The planning commission shall act on the proposal at the time of the hearing or at its next regularly scheduled meeting following the hearing, unless the proponent or petitioner has requested the matter be tabled for further consideration, or the petition is withdrawn. If the planning commission fails to act within two (2) regularly scheduled meetings on the proposal, the proposal shall be deemed disapproved by the planning commission and the proposal shall be forwarded to the town council for their consideration with that recommendation.
 
F. Hearing Before Town Council: The town council shall hold a public hearing on all petitions for zone changes and all amendments to the subdivision and master planned development code. Following the hearing, the town council shall approve, disapprove or modify and approve the recommendation of the planning commission. The hearing may be continued, if necessary, without republication of notice. The recommendations of the planning commission are advisory only, and the town council may overrule the recommendations of the planning commission. Town council action on amendments to this title or to the zoning map require the affirmative vote of three (3) or more town council members. The town council may act on the petition at the time of the hearing or at subsequently scheduled meetings. (Ord., 1-18-2005; amd. 2007 Code)
9-1-6: NOTICES:

Notice of hearings before the town council, planning commission and board of adjustmentappeal authority concerning amendments to the general plan, zoning and zone changes, amendments to the subdivision and master planned development code, preliminary and final subdivision and condominium plat approvals, conditional use permits , master planned development approvals, temporary use permits, certificates of appropriateness for design or demolition, appeals, variances and other requests of actions of the board of adjustmentappeal authority shall be provided in accordance with Utah Code Annotated section 10-9a-201 et seq. (Ord., 1-18-2005; amd. 2007 Code)
9-1-11: PERMIT PROCEDURE:

No building permit shall be issued for any building project unless the plans for the proposed structure have been submitted to and approved by the planning commission. Proposals submitted to the planning commission shall be reviewed according to either the permitted use review process or the conditional use review process , which includes master planned developments. Subdivisions, including master planned developments and conditional use applications , are reviewed by planning commission for approval. Final approval of subdivisions and conditional use permits must be granted by the town council. No planning review shall occur until all applicable planning application fees have been paid, and no final town council approval shall be effective until all other fees assessed by this title or other ordinance, including applicable staff or planning consultant review and engineering fees, have been paid. Upon issuance of final approval under either review process, the plans are forwarded to the building official for building permit issuance under the provisions of the international building code. (Ord., 1-18-2005)
9-1-12: PERMITTED USE REVIEW PROCESS:
 
A. Determination By Planning Commission:
1. On any proposal to construct a building or other improvement to property which is defined by this title as a permitted use in the zone in which the building is proposed, the planning commission or staff shall review the submission to determine whether the proposal:
a. Is a permitted use within the zone for which it is proposed;
b. Complies with the requirements of that zone for building height, setback, side and rear yards, and lot coverage;
c. The applicable parking requirements have been satisfied;
d. The plan conforms to any architectural design guidelines established for that zone or area;
e. Will require an environmental impact statement if it lies in a sensitive lands area as defined in chapter 10 of this title;
f. Has met the requirements of the infrastructure review process as defined in section 9-1-13 of this chapter;
g. Will require a certificate of appropriateness from the design review committee as outlined in section 9-3-30 of this title;
h. Will require a certificate from the technical review committee as outlined in section 9-3-31 of this title.
2. Upon finding that the proposal complies with the applicable zoning requirements, and can be adequately serviced by existing utility systems or lines, the plans shall be reviewed for building code compliance and permit issuance. If the submission does not comply with the requirements of the zone, the planning commission shall so notify the owner of the project or his agent, if any, stating specifically what requirements of the zone have not been satisfied, and also stating whether the project should be reviewed as submitted or as a conditional use for that zone.
 
B. Application For Permitted Uses : The application for a building permit for a permitted use shall contain the following information, in addition to information required by the international building code:
1. When a structure is to be built, the footing and foundation details, site plan and elevations of all sides of the structure shall be submitted with the application, and all fees paid, prior to excavation.
2. A site plan showing the lot and the location of the proposed structure on the lot. The site plan must be drawn to scale. A certified survey shall be required on projects with structures on or near the lot lines, or when the lot lines are difficult to determine from existing plats and monuments. Topographic data may be required when the site is sloping or when the building height cannot be readily determined from the elevations without topographic data.
3. A legal description of the property with a statement of the name and current address of the owner or responsible agent, and a telephone number.
4. The location of the proposed structure by street address or by reference to existing structures so that the location can be identified and assigned a street address.
5. A legal description of the property and proof of ownership .
5. The location and size of adjacent utility lines.
6. Approval of permitted uses shall be noted by the issuance of a building permit in compliance with the provisions of the international building code and this title. (Ord., 1-18-2005)
9-1-13: REVIEW AND REGULATIONS FOR IMPACT ON PUBLIC INFRASTRUCTURES:
 
A. Infrastructure Review:
1. Although the town endeavors to provide infrastructure which will adequately serve buildings and structures allowable within each zone in the town, certain buildings, developments and structures, because of size, type of construction or lot characteristics, present peculiar or excessive demands on town infrastructure. For these reasons, the developer is responsible to perform an impact analysis in a form and methodology acceptable to the town to determine the possible impacts on infrastructure.
2. In order for the town to determine whether existing infrastructure is adequate, or what additional infrastructure is needed to meet the particular needs of certain types and sizes of buildings and structures which are permitted uses in the zone, the following types and sizes of proposed buildings and structures, as well as developments, are subject to the review process for impact on existing infrastructure, whether the uses are permitted or conditional:
a. All commercial or multi-family buildings or structures of class III, IV or V construction, as defined by the international building code, greater than ten thousand (10,000) square feet; or
b. Any building or structure over ten thousand (10,000) square feet within fire separations as defined in the international building code; or
c. All commercial or multi-family buildings and structures located on parcels of one-half (1/2) acre or larger; or
d. All buildings or structures which are required to have fire sprinkling systems under the town or fire district ordinance or resolution; or
e. All buildings or structures located on lots which have an average slope of more than five percent (5%); or
f. Any industrial or manufacturing facility that deals with products or processing materials that are or could become explosive, flammable or toxic according to the international fire code; or
g. Any subdivision or master planned development (MPD) project with four (4) or more dwelling units, but not including minor subdivisions or minor MPDs; or
h. Any development that requires the extension of any public infrastructures or utilities of over eight hundred feet (800'); or
i. A market analysis is required for all subdivisions or master planned developments of four (4) unit equivalents or more; or of five (5) acres or more in scope.
 
B. Scope Of Review: For proposed buildings, structures or uses which are permitted or conditional uses in the zone in which the building or structure is proposed, the review shall include the determination of the ability of existing town infrastructure to provide adequate water for culinary, irrigation and fire flow purposes, the proper handling of snow melt, snow storage, storm drainage, slope preservation, mitigation of impact on roads by construction and permanent traffic, and ensuring safe access for users and emergency vehicles in accordance with town codes, standards and ordinances as set forth in this code, which shall be in addition to all other adopted codes and ordinances, including the codes of other jurisdictional governing authorities. For conditional uses or master planned developments in the zone in which the building, structure or use is proposed, the infrastructure review which is a part of the regular conditional use or master plan development review process is specified below and may involve additional regulations. The technical review committee may be used if constituted as per this title, to assist in the infrastructure impact review process.
 
C. Review Procedure: As well as conditional uses, Buildings and structures which, although are permitted uses in the zone proposed and not subject to zoning of use review, are subject to review for impact on existing infrastructure according to the standards described in this section. The following review procedure shall be followed:
1. Application For Building Permit: Upon making an application for a building permit, the applicant shall supply the planning commission with plans and specifications sufficiently detailed to determine whether the proposed building or structure is subject to further infrastructure review. If, according to the standards found in this section, any proposed building or structure triggers infrastructure impact review, then the permit shall not be issued. The planning commission or other town staff shall review for the impact of the proposed building and structure on existing town and/or other infrastructure to determine what, if any, additional infrastructure is necessary.
2. Information Requested: Upon referral of the application for a building permit to the town for infrastructure impact review, the town may request from the applicant any additional studies, plans, surveys, specifications and information necessary to review the infrastructure impacts. The following types of information may be requested by the planning commission to the extent relevant:
a. To determine the impact on drainage:
(1) A map of the site showing the existing conditions prior to the demolition of any existing structures and any grading, and any known geologic or natural hazards, with north arrow and scale;
(2) Topography with contours shown at intervals of not more than five feet (5') of the site and as the site adjoins contiguous properties;
(3) Vegetation type and location;
(4) Soil type and load carrying capacity information;
(5) 100-year floodplain and high ground water areas, known spring and seep areas, and ditches or canals;
(6) All existing roads, fences, irrigation ditches and drainage facilities;
(7) Location and size of the nearest storm drainage facilities the site could drain to; water lines and sanitary sewer lines; and where and how the developer proposes to connect to the existing drains;
(8) Site plan of the proposed buildings and structures showing building locations;
(9) Proposed road locations and other circulation features;
(10) Proposed finished grades;
(11) Proposed drainage, drainage works, detention ponds, retaining walls and erosion control plans;
b. To determine the impact on culinary water, fire flows and sewage:
(1) Location and size of the nearest water main and sanitary sewer lines to the project to which the project can drain or be supplied; and where and how the applicant proposes to connect to the systems;
(2) Site plan and floor elevations (including building height) of all proposed buildings and structures showing building locations, construction type and materials;
(3) Proposed easements for new utility services or relocated utility services;
(4) Fire hydrant locations and building sprinkling plans;
(5) Estimated peak culinary water demands, including irrigation and water demand for fire flows;
(6) Proof of "wet" water in adequate quantity and quality, acceptable to the town standards, if the developer is supplying his/her own water or is transferring water rights to the town culinary system;
(7) Other specific information and scientific data and opinions which, in the opinion of the planning commission, is useful or necessary for the meaningful review of the project. Such additional information may be required from the applicant based on the nature of the project or the site;
c. To determine the impact on slope retention:
(1) Topography existing before construction and proposed finished grades, both on the site and as they relate to adjoining property;
(2) Proposed drainage, drainage works, retaining walls and erosion control plans;
(3) Proposed landscaping;
(4) Complete, detailed construction drawings and support documentation of any and all structures sufficient to demonstrate compliance with applicable standards, codes and ordinances, or general architectural concept drawings of proposed buildings, showing roof plan and cuts and fills;
(5) Other specific information and scientific data and opinions which, in the opinion of the planning commission, is useful or necessary for the meaningful review of the project. Such additional information may be required from the applicant based on the nature of the project or the site;
d. To determine the impact on streets and pedestrian facilities:
(1) Prepare a site plan which coordinates pedestrian connections, sidewalks and hike paths if any such pedestrian facilities are shown on the trails master plan or the streets master plan, if they are currently adopted;
(2) Submit construction staging location plan;
(3) Submit estimated truck traffic trip numbers for construction traffic;
(4) If requested by the town engineer, the project applicant shall submit reproducible measurable pavement quality testing analyses for each street or roadway which will be utilized by any traffic generated by or relating to the proposed project, including, but not limited to, construction traffic. Such analyses will be submitted both before permit issuance and before building occupancy, and shall use a nationally recognized pavement quality testing machine as approved by the town engineer. Such analyses will be used to determine construction impacts on existing streets at the end of construction such that repairs can be made at the expense of the project proponents to return the pavement to its original quality.
 
D. Department Action:
1. Within thirty (30) working days from the receipt of the complete application, including all requested information for infrastructure impact review, the planning commission and/or other appropriate town officials shall have reviewed the project and determined whether existing infrastructure is sufficient to adequately serve any proposed buildings or structures. If the data is sent to an engineer or other consultant for determination of impacts, the applicant shall pay the costs associated with the professional review.
2. If the existing infrastructure is adequate to serve any proposed buildings or structures, then a building permit shall be issued in accordance with the international building code and town ordinances. If, upon review, existing infrastructure is found to be inadequate to serve any proposed buildings or structures, the building permit shall be withheld. At the option of the town, the applicant may either:
a. Change the type, scale or location of any and all proposed buildings or structures in such a manner that existing infrastructure may adequately serve all proposed buildings or structures; or
b. Provide at the applicant's expense the additional infrastructure necessary to adequately serve all of applicant's proposed buildings or structures according to designs and specifications approved by the town; or
c. Pay a proportionate share of a town project that would mitigate the impact as detailed by the town council and/or its staff.
3. Upon submission of plans changing the type, scale or location of any or all proposed buildings or structures in such a manner that existing infrastructure is adequate to serve all proposed buildings or structures; or, upon submitting plans for additional infrastructure and a letter of credit or escrow agreement to the town for the full cost of the additional infrastructure required, as estimated by the town engineer, a building permit shall be issued in accordance with town codes and ordinances.
 
E. Appeal And Review:
1. If the applicant does not agree with the determination of the planning commission or town staff that existing infrastructure is inadequate, or with the requirement for additional infrastructure, the applicant may request town council review. The town council is empowered to affirm, reverse or modify the determination of the planning commission, town staff or town engineer/consultant. All actions regarding infrastructure impacts and the requirements of the planning commission or town staff are appealable to the town council.
2. If the planning commission or town staff has not acted on an application or has not indicated to the applicant what existing infrastructure is inadequate within thirty (30) working days after complete information submission, the application shall be automatically forwarded to the planning commission for determination of adequacy of existing infrastructure.
 
F. Transferability: The infrastructure review and approval is transferable with the title to the underlying property so that an approved project may be conveyed or assigned by the applicant to others without losing the approval. The permit cannot be transferred off the site on which the approval was granted.
 
G. Expiration: If a building permit is not obtained within twelve (12) months from the date of approval, then the infrastructure review and approval process must be repeated prior to issuance of a building permit. If a building permit expires before actual construction of buildings or structures, the infrastructure review and approval process must be repeated prior to issuance of another building permit. If a permit is not taken in six (6) months, the review shall determine whether off site conditions or demands have changed the ability of the system to meet the demands of the project under review. The permit requirements may be modified to adjust to the new capacity or demand.
 
H. Standards For Review: No building permits shall be issued on buildings and structures subjected to infrastructure review unless it is found by the town that there is sufficient infrastructure capacity, according to the standards adopted by the town, either existing or to be provided by the applicant, to adequately serve the proposed buildings and structures. Specific review items include: delivery of adequate water for culinary and fire flow purposes, safe vehicular and pedestrian access for owners, users and emergency vehicles, and proper handling of snowmelt and storm drainage and slope preservation. The standards to be applied for review are:
1. Standards For Water Delivery: The standards for adequate delivery of water shall be as applicable: the town fire flow standards, if adopted; the fire department fire flow standards; the ISO or NFPA standards for fire flow, the town design standards, construction specifications and standard drawings, if adopted; and the county and/or state department of health, drinking water regulations, as now constituted and as may be amended.
2. Standards For Site Drainage: The standards for adequate site drainage are the international building code, or its successor, and the town design standards, construction specifications and standard drawings as now constituted or as may be adopted or amended.
3. Standards For Access: The standards for access to the building or structure are the international fire code or its successor, the streets master plan or land use map, the trails master plan, if adopted, and the town design standards, construction specifications and standard drawings as now constituted or as may be adopted or amended.
4. Standards For Slope Retention: The standards for slope retention are the international building code, or its successor, and the town design standards, construction specifications and standard drawings as now constituted or as may be amended. (Ord., 1-18-2005)
9-1-14: CONDITIONAL USE REVIEW PROCESS:

Although each zone district is an attempt to segregate predominant land uses within identified residential, commercial, agricultural and similar districts, there will be proposals that are generally compatible in land use with other permitted uses in the zone, and if properly and carefully planned, these uses, which are different from the predominant use, or more intensive than permitted uses in the same zone, may become compatible and appropriate for the zone in question. For example, the location and nature of the proposed use, the character of surrounding development, traffic capacities of adjacent and feeder streets, environmental factors such as drainage, erosion and soil stability, all may dictate circumstances where a more intensive use may or may not be appropriate for the zone. The conditional use procedures are intended to provide greater flexibility in land uses, while at the same time preserving neighborhood character and assuring compatibility between the conditional uses, the uses on adjoining properties, and the town at large. Development of conditional uses will be subject to review by the town staff, planning commission and town council, and may be allowed subject to conditions imposed for the purpose of preserving the character of the zone district, and mitigating potential adverse effects of the conditional use. Where conditions to the use cannot be devised to satisfactorily mitigate adverse effects of the conditional use, the application for a conditional use permit shall be denied. Any land use that is defined in this title as a conditional use for residential or agricultural zones in which it is proposed shall be reviewed according to the procedures in the administrative conditional use procedures as provided in section
9-1-14-3 of this chapter. Any land use that is defined in this title as a conditional use for nonresidential or nonagricultural zones in which it is proposed shall be reviewed according to the procedures in the conditional use procedures as provided in section 9-1-14-4 of this chapter. (Ord. 13-01, 9-3-2013)
9-1-14-1: PREAPPLICATION CONFERENCE:

A preapplication conference may be held with the planning commission chair to determine the nature of the use and the general nature of conditions that might be imposed. At the preapplication conference, the planning commission chair and the applicant shall review the application form, the materials and information needed to complete the form, and the procedures used in reviewing the conditional use. (Ord. 13-01, 9-3-2013)
9-1-14-2: APPLICATION FOR CONDITIONAL USE:
 
A. Information Required: A conditional use application shall be filed on a form prepared by the town. (Ord. 13-01, 9-3-2013)
9-1-14-3: ADMINISTRATIVE CONDITIONAL USE PROCEDURES:
 
A. Notice; Posting: Upon receipt of the complete conditional use application and payment of all applicable fees, the planning commission shall cause notice to be given to the public by posting a notice in three (3) public places within the town stating that a conditional use application has been filed with the town and that more information is available from the town at www.corinnecity.com or town hall.
 
B. Public Comment: The posted notice shall advise the public that a conditional use application has been filed, and shall state that interested persons may review the application at the town office during normal business hours. The notice shall provide a public comment period for not less than fourteen (14) days during which written comments may be submitted for planning commission consideration while reviewing the project. Comments filed after the close of the comment period may be considered or disregarded by the town. All persons who have submitted written comments shall receive notice of the approval or denial of the application and the conditions imposed.
 
C. Town Action:
1. Time Frame: Once an application is received, the planning commission will work diligently to review the application as quickly as time and workload allow. It is reasonable to expect that the planning commission will act within thirty (30) days of receipt of the application if the applicant has been diligent in responding to requests for additional information required to process the application. The scale or complexity of a project or planning commission workload may necessitate a longer processing period. In such cases, the planning commission will notify the applicant when an application is filed as to the projected processing time frame.
2. Planning Commission And Staff Review: The planning commission and other appropriate town officials shall review the project and propose a conditional use permit encompassing the conditions of development and approval. The planning commission shall determine if all points of this title have been complied with for review and compliance of the conditional use processes and may further amend, add or delete conditions recommended by the town staff or consultants prior to their approval. The permit shall incorporate the site plans. If the applicant accepts the conditions imposed, the conditional use application shall be placed on the consent agenda of the planning commission for final approval. The planning commission may schedule action at the next planning commission meeting, if notice requirements under subsections A and B of this section can be met.
3. Town Council Approval: Town council approval of administrative conditional uses is not required.
4. Appeal:
a. If the planning commission and the applicant are not able to agree on conditions of approval, the applicant may still go before the planning commission for review or may withdraw the application. The review shall appear on the agenda for the next regularly scheduled meeting that has available time and meets notice requirements of section 9-1-6 of this chapter. Priority shall be given to reviews in preparation of the agendas.
b. If the planning commission or town staff have not acted on an application or have not indicated to the applicant what aspects of the plan are not acceptable as proposed within thirty (30) working days after submission, the applicant shall have the right of review by the planning commission. The applicant may, at any time in the review process, request review of the conditions of approval by the planning commission.
 
D. Transferability: An administrative conditional use permit may be transferable with the title to the underlying property so that an approved project may be conveyed or assigned by the applicant to others only upon review and approval by the planning commission. The permit cannot be transferred off the site on which the approval was granted.
 
E. Expiration: Unless otherwise specified during the review and approval process, administrative conditional use permits do not expire.
 
F. Standards For Review: The planning commission shall review each of the following items when considering an administrative conditional use permit:
1. Size and location of the site;
2. Traffic considerations including capacity of the existing streets in the area;
3. Utility capacity;
4. Emergency vehicle access;
5. Location and amount of off street parking;
6. Internal traffic circulation system;
7. Fencing, screening and landscaping to separate the use from adjoining uses;
8. Building mass, bulk design and orientation, and the location of buildings on the site; including orientation to buildings on adjoining lots;
9. Usable and permanent open space considerations;
10. Signage and lighting;
11. Physical design and compatibility with surrounding structures in mass, scale, style, design and architectural detailing;
12. Noise, vibration, pollution, odors, steam or other mechanical factors that might affect people and property off site;
13. Control of delivery and service vehicles, loading and unloading zones, and screening of trash pick up or waste storage areas;
14. Expected ownership and management of the project as primary residences, condominiums, time interval ownership, nightly rental or commercial tenancies;
15. Design or architectural review as may be advised by the town or the design review committee;
16. Other technical review matters as may be advised by the town or the technical review committee.
 
G. Sensitive Lands Review: If a conditional use approval is located within the sensitive area overlay zone, or designated area, additional requirements and regulations may apply. See the sensitive lands provisions in chapter 10 of this title.
 
H. Revocation: If the planning commission determines that the holder of an administrative conditional use permit is in violation of the terms or conditions upon which the permit was issued, the planning commission shall notice the permit holder and schedule a hearing before the planning commission at which the permit holder must show cause to the planning commission why the administrative conditional use permit should not be revoked. If the planning commission determines that the terms or conditions of the permit have been violated, it shall cause the permit holder to specify how the holder will promptly comply with the terms and the conditions of the permit, or it shall revoke the permit. (Ord. 13-01, 9-3-2013)
9-1-14-4: CONDITIONAL USE PROCEDURES:
 
A. Notice/Posting: Upon receipt of the complete conditional use application and payment of all applicable fees, the planning commission shall cause notice to be given to the public in accordance with the provisions of section 9-1-6 of this chapter.
 
B. Public Comment: The posted, mailed and published notice shall advise the public that a conditional use application has been filed on the site, and shall state that interested persons may review the application at the town office during normal business hours. The notice shall provide a public comment period for not less than fourteen (14) days during which written comments may be submitted for staff consideration while reviewing the project. Comments filed after the close of the comment period may be considered or disregarded by the town. All persons who have submitted written comments shall receive notice of the approval or denial of the application and the conditions imposed.
 
C. Town Action:
1. Time Frame: Once an application is received, the staff will work diligently to review the application as quickly as time and workload allow. It is reasonable to expect that an application will appear before the planning commission with a recommendation within ninety (90) days of receipt of the application, if the developer has been diligent in responding to requests for additional information required to process the application. The scale or complexity of a project or planning commission workload may necessitate a longer processing period. In such cases, the planning commission will notify the applicant when an application is filed as to the projected processing time frame.
2. Staff Review: The planning commission and other appropriate town officials, including the technical review committee and/or design review committee, shall review the project and propose a conditional use permit encompassing the conditions of development and approval. The permit shall incorporate the site plans and architectural plans for the project. If the developer accepts the conditions imposed, the conditional use application shall be placed on the consent agenda of the planning commission for final approval. The planning commission may schedule the hearing for the next planning commission meeting, if notice requirements under section 9-1-6 of this chapter can be met.
3. Planning Commission Review: The planning commission shall determine if all points of this title have been complied with for review and compliance of the conditional use processes and may further amend, add or delete conditions recommended by the town staff or consultants prior to their approval. If approved, the planning commission will recommend the permit with approval to the town council for their review at the next regularly scheduled town council meeting that can meet notice requirements of section 9-1-6 of this chapter. If the planning commission denies the permit, the applicant may not appeal to the town council, but must amend and resubmit the application or appeal to the board of adjustment.
4. Town Council Approval: The town council may approve, amend or deny the conditional use permit as proposed by the planning commission. After approval by the town council, building permits are to be issued by the building official as provided in the international building code and this title.
5. Appeal:
a. If the planning commission and the developer are not able to agree on conditions of approval, the developer may still go before the planning commission for review or may withdraw the application. The review shall appear on the agenda for the next regularly scheduled meeting that has available time and meets notice requirements of section 9-1-6 of this chapter. Priority shall be given to reviews in preparation of the agenda.
b. If the planning commission or town staff have not acted on an application or have not indicated to the developer what aspects of the plan are not acceptable as proposed within ninety (90) working days after submission, the developer shall have the right of review by the planning commission. The developer may, at any time in the review process, request review of the conditions of approval by the planning commission.
c. If the applicant does not agree with the findings or actions of the planning commission or the town council, the only avenue for appeal is to be heard by the board of adjustment, as per chapter 5 of this title.
 
D. Plat Approval: When a conditional use requires the recording of a plat, the final plat shall be taken to the planning commission for plat approval only. The scope of review for plat approval is limited as set forth in section 9-1-22 of this chapter. Plat approval may be granted at the same time as the conditional use approval.
 
E. Transferability: A conditional use permit may be transferable with the title to the underlying property so that an approved project may be conveyed or assigned by the applicant to others only upon review and approval by the planning commission. The permit cannot be transferred off the site on which the approval was granted.
 
F. Expiration:
1. Unless otherwise specified during the review and approval process, conditional use permits shall expire one year from the date of the planning commission approval of the conditional use, unless substantial construction activity has commenced on the project. Substantial construction activity is evidenced by the developer obtaining building permits for the project (or for the first phase of a phased project). Permits may be issued in stages, but the issuance of a footing and foundation permit is not evidence of substantial construction activity unless the permits for the remainder of the structure (or remainder of the phase, in phased projects) are paid for within six (6) months of the issuance of the footings and foundation permit. Demolition permits do not evidence substantial construction work for purposes of extending a conditional use permit. Whether construction has commenced or not, the planning commission may grant an extension of the conditional use permits for up to one additional year when the applicant is able to demonstrate a legitimate need to delay the start of construction, such as inclement weather, delays in financing or similar factors.
2. Where the planning commission has granted a temporary conditional use permit, that permit's expiration will occur on the date specified in the permit. Renewal of the permit after expiration in any type of conditional use will require a complete reapplication as if no permit were granted previously and as procedurally outlined in this title.
 
G. Standards For Review: No conditional use permit shall be issued unless the town finds that the application complies with all requirements of this title; that the use will be compatible with surrounding structures in use, scale, mass and circulation; that the use is consistent with the general plan; and that the effects of any differences in use or scale have been mitigated through careful planning. Review for impact on town infrastructures will be made as previously outlined in section 9-1-13 of this chapter. All infrastructure improvements must be concurrently constructed and timed carefully with the development and costs associated with them borne by the developer as previously outlined. The town shall review each of the following items when considering a conditional use permit:
1. Size and location of the site;
2. Traffic considerations, including capacity of the existing streets in the area;
3. Utility capacity;
4. Emergency vehicle access;
5. Location and amount of off street parking;
6. Internal traffic circulation system;
7. Fencing, screening and landscaping to separate the use from adjoining uses;
8. Building mass, bulk, design and orientation, and the location of buildings on the site; including orientation to buildings on adjoining lots;
9. Usable and permanent open space considerations;
10. Signage and lighting;
11. Physical design and compatibility with surrounding structures in mass, scale, style, design and architectural detailing;
12. Noise, vibration, pollution, odors, steam or other mechanical factors that might affect people and property off site;
13. Control of delivery and service vehicles, loading and unloading zones, and screening of trash pick up or waste storage areas;
14. Expected ownership and management of the project as primary residences, condominiums, time interval ownership, nightly rental or commercial tenancies;
15. Design or architectural review as may be advised by the town or the design review committee;
16. Other technical review matters as may be advised by the town or the technical review committee.
 
H. Sensitive Lands Review: If a conditional use approval is located within the sensitive lands overlay zone, or designated area, additional requirements and regulations may apply. See the sensitive lands provisions in chapter 10 of this title.
 
I. Design Review: The planning commission or town staff may require a certificate of appropriateness from the design review committee if one is established and if standards have been developed for the applicable zone district. Recommendations of that committee may be used as guidelines in the establishment of conditions under this permit as outlined in section 9-3-30 of this title.
 
J. Technical Review: The planning commission or town staff may require a certification of review from the technical review committee if one is established. This committee may be set up to review and make suggestions to the planning commission regarding unique concerns or features of a project that may be beyond the expertise of the town planning commission or staff. Recommendations of that committee may be used as guidelines in the establishment of conditions under this permit as outlined in section 9-3-31 of this title.
 
K. Revocation: If the planning commission determines that the holder of an administrative conditional use permit or a conditional use permit is in violation of the terms or conditions upon which the permit was issued, the planning commission shall notice the permit holder and schedule a hearing before the planning commission at which the permit holder must show cause to the planning commission why the administrative conditional use permit or conditional use permit should not be revoked. If the planning commission determines that the terms or conditions of the permit have been violated, it shall cause the permit holder to specify how the holder will promptly comply with the terms and the conditions of the permit, or it shall revoke the permit. (Ord. 13-01, 9-3-2013)
9-1-15: MASTER PLANNED DEVELOPMENT REVIEW PROCESS:

Applications for developments to be built according to a master plan which provides for mixes of uses and/or density transfers, clustering and unit concentrations and/or maximizing of permanent open space within the site commonly referred to as "planned unit development" (without regard to the manner in which title to the project will be held) shall be treated as conditional use applications and are divided into two (2) review processes depending on the size and nature of the project. These review processes are described as follows:
 
A. Minor Master Planned Development Review: If an MPD meets the same qualifications in size and definition of a "minor subdivision" as described in this title and does not necessitate the creation of large public infrastructure to meet its needs, the MPD may be classified as a minor master planned development, and the planning commission may waive many of the requirements of the MPD review process, including off site infrastructure concurrency and bonding requirements. These types of projects are reviewed as minor master planned developments. The review process is identical to the conditional use process and is subject to any applicable requirements of chapter 9 of this title.
 
B. Master Planned Development Review: Those projects having more than four (4) unit equivalents and/or fifteen percent (15%) or more of the total project floor area (exclusive of parking) devoted to nonresidential uses, or five (5) acres or more in scope shall be reviewed as master planned developments according to the procedure described in this title. Impact analysis and market analysis are required. The nature of the density transfers and zoning concessions within the project are set forth in chapter 9 of this title. The substantive requirements for master planned developments are described in chapter 9 of this title.
 
C. Sensitive Lands Review: If a master planned development is located within the sensitive lands overlay zone, or designated area, additional requirements and regulations may apply. See the sensitive lands provisions in chapter 10 of this title. (Ord., 1-18-2005)
9-1-16: APPEALS AND REVIEW PROCESS:

Decisions by the planning commission or town council regarding conditional uses, including master planned developments and zoning decisions, or application of this title, may be appealed to the board of adjustmentappeal authority. Any person within the town who believes he/she may be adversely affected by a decision of the town council or planning commission regarding the application of the decision or this title, and/or the owner of the subject property affected, shall have standing to appeal a decision of the planning commission and/or town council. Appeals from town actions shall be by letter or petition and contain the name, address and telephone number of the petitioner, his or her relationship to the project or subject property, and the reasons for requesting review, including specific provisions of this title, if known, that are violated by the action taken.
 
A. Written Findings Of Denial Required: The planning commission or town council shall always prepare detailed written findings on any application that it denies, amends or approves. These findings shall state the reasons for the action and the provisions of this title or other town ordinances, or guidelines, or applicable state or federal laws or regulations that would be violated by the action, and the proposed conditions of action to be imposed and the reasons why those conditions were thought necessary. These findings shall then be made available to the board of adjustmentappeal authority for their use in the appeal process.
 
B. Appeal Petitions Process: Besides the owner of the property acted on by the town, any person living within the town who submitted written comment on a proposal before the planning commission or town council, and the owner of any property within the town, has the right to appeal to the board of adjustmentappeal authority any final decision of the planning commission or the town council. The petition must be filed in writing with the town recorder within fifteen (15) calendar days of final project action. The petition for the appeal shall state the name, address and telephone number of the petitioner and his/her agent, if any, the name of the project, and the grounds for the appeal. The town shall set a date for the appeal, which shall be no more than thirty (30) calendar days from the date the notice of appeal is filed with the town recorder and meet the notice requirements of section 9-1-6 of this chapter. The town recorder shall notify the petitioner and the owner of the project of the appeal date. The town recorder shall obtain the findings from the planning commission, town council and all other pertinent information and transmit them to the board of adjustmentappeal authority.
 
C. Action On Petitions: The board of adjustmentappeal authority may affirm, reverse or affirm in part and reverse in part any decision of the planning commission or town council regarding conditional use or zoning decisions. The board of adjustmentappeal authority may remand the matter to the planning commission and/or town council with directions for specific areas of review or clarification. Board of adjustmentAppeal authority review of petitions of appeal shall be limited to consideration of only those matters raised by the petition, unless the board by motion, enlarges the scope of the appeal to accept information on other matters it may legally hear.
 
D. Stay Of Approval Pending Review Or Appeal: Upon the filing of a nonowner petition or a petition by the owner for appeal or review by the board of adjustmentappeal authority of a planning commission or town council decision, any action passed on this matter by the planning commission or town council will be suspended until the board of adjustmentappeal authority has acted on the appeal.
 
E. Appeal From Board Of AdjustmentAppeal Authority: The owner of any project, or any person aggrieved by the approval of any project, may appeal from the final action by the board of adjustmentappeal authority affecting the project by filing a civil action in a court of competent jurisdiction. The decision of the board shall stand, and those affected by the decision may act in reliance on it unless and until the court enters an interlocutory or final order stating the effectiveness of that decision.
 
F. Finality Of Action: If no appeal has been taken at the end of fifteen (15) days from the date of final action by the town council, planning commission or town staff, the action is final. (Ord., 1-18-2005)
9-1-19: VARIANCES AND SPECIAL EXCEPTIONS:

Any variances or special exceptions to this title shall be granted only by the
board of adjustmentappeal authority under the provisions of chapter 5 of this title prior to the issuance of any conditional use, master planned development, or other approval by the planning commission. All action on an application shall be stayed upon learning that a variance or special exception is required, until the applicant shall have obtained the variance or special exception, or his request is denied by the board of adjustmentappeal authority. Appeals from final action of the board of adjustmentappeal authority shall be made to the district court as provided by state law and not to the town council. (Ord., 1-18-2005)
9-1-23: NONCONFORMING USES:
 
A. Nonconforming Use Defined: As used in this title, a "nonconforming use" is the use of any building, structure or land which is prohibited by any zoning, building or other regulatory ordinances, but which was lawfully existing prior to the effective date of such ordinance. Residential uses and residential structures occupied for residential purposes or vacant at the time of adoption of these provisions shall be exempted from the provisions of this title. This shall not be construed to allow new residential construction except as provided by the provisions of the respective zones.
 
B. Nonconforming Use Of Open Land: A nonconforming use of land lawfully existing on the effective date of this title may be continued, provided such nonconforming use shall not be expanded or extended into any other portion of a conforming building or open land, and no structures, additions, alterations or enlargements thereto shall be made thereon, except those required by law. If said nonconforming use is discontinued for a continuous period of more than six (6) months, any future use of such land shall conform to the provisions of the zone in which it is located.
 
C. Nonconforming Buildings:
1. A nonconforming building in any zone may be continued for the period prescribed in this section, provided no additions or enlargements are made thereto and no structural alterations are made therein, except as allowed by a conditional use permit.
2. Subject to the provisions of this title, a conditional use permit may be granted to allow the expansion of a building which does not conform to height, lot coverage, setbacks or area requirements if the following standards are met:
a. Granting the expansion will not adversely impact the attainment of the general plan.
b. The expansion will improve the general appearance or safety of the area.
c. By expanding the building, the character of the neighborhood is not adversely impacted.
d. The expansion will improve the area by providing additional or adequate parking.
e. Any expansion will be adequately screened or buffered, if needed, so as not to increase impacts to the adjoining properties.
2. Notwithstanding subsection B of this section, an existing single-family dwelling, nonconforming as to side yard requirements but having a minimum side yard of not less than three feet (3'), may be extended in depth along the nonconforming building line to a maximum of one-half (1/2) the length of the existing dwelling if such extension is for the purpose of enlarging and maintaining the existing dwelling or required parking, and provided such enlargement does not increase any other nonconformity which may exist and conforms to all other regulations of the zone in which it is located.
3. If a nonconforming building is removed, every future use of the land on which the building was located shall conform to the provisions of this title.
 
D. Nonconforming Use Of Conforming Buildings:
1. The nonconforming use of any conforming building lawfully existing on the effective date hereof may be continued, provided such nonconforming use shall not be expanded or extended into any other portion of the conforming building, nor shall any structural alterations except those required by law be made, and if such nonconforming use is discontinued for a continuous period of more than six (6) months, any future use of such building shall conform to the provisions of the zone in which it is located.
2. A building or structure nonconforming as to use regulations shall not be added to or enlarged in any manner if the expansion involves any structural alteration of the building , except as allowed by a conditional use permit . Subject to the provisions of this title, the use of a building or structure may be expanded if the following standards are met:
a. The expansion of the use will not adversely impact the surrounding properties.
b. The proposed expansion is compatible with the surroundings.
c. The site of the proposed expansion conforms to all site development requirements as physically possible, given existing site limitations.
d. The proposed expansion shall not create new nonconformity.
e. No expansion of a nonconforming use shall be allowed which would extend beyond the original lot or tract of land.
 
E. Nonconforming Use Of Nonconforming Buildings: The nonconforming use of a nonconforming building lawfully existing on the effective date of this title may be continued for the period prescribed in this section, and may be expanded or extended throughout such building, provided no structural alterations except those required by law are made therein. If no structural alterations are made or required, a nonconforming use of a nonconforming building may be changed to another use of the same or more restrictive classification. If such nonconforming use is discontinued for a continuous period of more than one year, any future use of the building shall conform to the provisions of this title and of the zone in which it is located.
 
F. Change In Status Of Nonconforming Use: If a nonconforming use is vacated, it may be succeeded by an equally restrictive or more restrictive nonconforming use, provided such change is effected within six (6) months. After a change to a more restrictive use is in effect, that change shall be evidence that the less restrictive nonconforming use has been abandoned and thereupon loses any vested right as such, and the degree of nonconformity may not subsequently be increased by changing back to a less restrictive use.
 
G. Reconstruction Of Nonconforming Building Partially Destroyed: A nonconforming building destroyed to the extent of not more than fifty percent (50%) of its reasonable replacement value at the time of its destruction by fire, explosion or other casualty or act of God or public enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction may be continued subject to all of the provisions of this title. (Ord., 1-18-2005)
 
H. Nonconformance Limited To Zone Groups: Notwithstanding any other provisions of this title, no uses permitted in any one of the residential or agricultural zones and lawfully existing in any one of the residential or agricultural zones at the time of the effective date of this title shall be considered nonconforming in the zone in which it is located; no uses permitted in any one of the business zones at the time of the effective date of this title shall be considered nonconforming in the zone in which it is located. This section shall be applicable only to nonconforming uses. (Ord., 1-18-2005; amd. 2007 Code)
9-3-7: FENCES, WALLS AND/OR HEDGES:
 
A. Permitted Height: Fences, walls and hedges higher than six feet (6') may be erected or allowed within the buildable area; provided, that any physical structure over six feet (6') in height shall receive conditional use approval andrequire a building permit. Fences, walls and hedges shall not exceed four feet (4') in height within any required front yard or side street side yard and shall not exceed six feet (6') within any required rear yard or interior side yard. Where a fence, wall or hedge occurs along a property line separating two (2) lots and there is a difference in the grade of the properties, the fence, wall or hedge may be erected or allowed to the maximum height permitted on either side of the property line.
 
B. Restrictions On Materials: Chainlink fences over six feet (6') are prohibited in all zones, with the following exceptions, which must be approved by the planning commission:
1. For recreational facilities such as tennis courts or other town facilities.
2. As temporary vegetation protection during construction as directed by the planning commission.
3. Chainlink fences may be permitted in other circumstances by the planning commission when it is found that the fence is necessary in the interest of security or public safety, and when the fencing needs cannot be reasonably met with any other type of fencing. (Ord., 1-18-2005)
9-3-8: FRONTAGE PROTECTION, SAFETY, AND LIMITED ACCESS TO HIGHWAYS:

The frontage along one or both sides of all state, county and town roads are subject to special review for protection of the highway frontage and safety of access by roads and driveways. These areas, when designated by the planning commission, are shown on the official zoning district map. Any building or development proposal along these sections of roads and highways are subject to special review by the planning commission. The highway frontage review in these designated areas shall be limited to the following factors:
 
A. Consolidated Access: To the extent possible to minimize access points and driveways to the highways, access shall be from existing town or private streets that join with the highways rather than direct highway access. Common driveways between adjoining projects shall be used when possible, and driveways that are required in order to provide access shall be placed where they create the least interference with traffic on the highways.
 
B. Public Safety: All access points along these designated corridors shall be reviewed for public safety of ingress and egress on intersections, pedestrian safety, safety of winter access on steep grades and possible flooding and erosion hazards.
 
C. Pathways, View Corridors And Future Improvements:
1. The town shall review proposals for pedestrian and bicycling pathways through the frontage property, proposals for open space, buffered areas and preservation of view corridors where applicable.
2. Regardless of the zone setbacks in this title, no structure shall be erected within forty feet (40') of the nearest highway right of way line in order to preserve view corridors, buffer areas, and allow for possible future improvements of the highways themselves. The board of adjustmentappeal authority can only grant variances to this setback.
 
D. Conditional Use Along Frontage: All construction in the setback area between thirty feet (30') and one hundred feet (100') from the nearest right of way line in the designated highway protection areas is a conditional use, and subject to the conditional use review process, including design review, even when the occupancy is a permitted use elsewhere in the zone. (Ord., 1-18-2005)
9-3-10: PUBLIC UTILITY STRUCTURES:

Public utility structures may be permitted on less than the required size lots in any district as approved by the planning commission. These facilities are conditional uses. (Ord., 1-18-2005)
9-3-12: HOME OCCUPATIONS:
 
A. Permitted , Conditional Use : A home occupation in an agricultural or residential zone is a lawful and permitted use if it complies with the definitions and guidelines outlined in this section. If it does not meet these guidelines, it shall be a conditional use.
 
B. Conducted Within Dwelling; Secondary Use: The home occupation must be conducted and carried on entirely within a dwelling by persons residing in the dwelling or by those persons at sites away from the dwelling, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. A home occupation:
1. Shall not include the sale of goods or merchandise directly from the home except those which are produced on the premises;
2. Shall not involve the use of any yard space or activity outside of the buildings not normally associated with residential use;
3. Shall not occupy more than twenty five percent (25%) of the main floor of the dwelling nor more than fifty percent (50%) of the floor area of any garage or outbuilding in which the use is conducted;
4. Shall not cause a demand for municipal services in excess of that associated with normal residential use;
5. Shall be enclosed within a structure in complete conformity with international building codes as adopted by the town;
6. Shall not generate business related vehicular traffic in excess of three (3) vehicles per hour.
 
C. Mechanical Equipment; Types Of Businesses: The use of mechanical equipment shall be limited to small tools whose use shall not generate noise, smoke or odors perceptible beyond the premises of the dwelling. Home occupations would not allow a resident, professional or otherwise, to use the dwelling for his general practice when that practice is normally associated with some other zoning district. Home occupation will, however, allow the use of the dwelling by a physician, dentist, lawyer, clergyman, engineer or the like for consultation or emergency treatment. Consultation shall include the use of a dwelling to receive mail and maintain a telephone, fax or automatic answering device and computer related to the home occupation, but shall not allow frequent or constant visitation to the residence by clients to transact business. Telecommuting in a home satellite office, away from a main office, is permitted.
 
D. Daycare: Home occupation shall include the care of fewer than three (3) children other than members of the family residing in the dwelling or as prescribed by state codes or regulations.
 
E. Advertising; Employees; Outside Storage And Parking:
1. There can be identifying signage not in excess of a six (6) square foot nameplate, attached to the building;
2. No one outside of the immediate family may be employed within the home;
3. Shall not include outdoor storage, outdoor display of merchandise, nor parking/storage of any vehicles in excess of twelve thousand (12,000) pounds gross vehicle weight.
 
F. Covenants Precluding Use; Business License Regulations: In the event covenants applicable to the property preclude this use, the covenants shall control. A home occupation as described by this section would be a permitted use in any residential or agricultural zone and would require compliance with town business licensing regulations in effect at the time of use.
 
G. Complaints: If complaints are received by the town from adjoining residences, the town may require a conditional use permit for said occupation.
 
G. Administrative Conditional Uses :
1. Activities normally considered business or commercial uses or activities listed in appendix A to this title, which is on file in the town office, as permitted or conditional uses in residential and agricultural zones are limited to home occupations in all cases and shall follow the administrative conditional use review process.
2. All home occupations outside of the guidelines of the permitted use as described in this section shall be administrative conditional uses, and must be applied for as suchprohibited. Agricultural businesses that comply with this title in an agricultural zone are permitted uses. (Ord. 13-01, 9-3-2013)
9-3-17: HEIGHT PROVISIONS:

The total height of the building shall be measured as the vertical distance from the natural grade, as defined in section
9-2-1 of this title to the highest point of a flat roof or the deck line of mansard roof, or to a point midway between the lowest part of the eaves or cornice and the ridge of a hip or gable roof. In no case shall a mansard roof or the parapet wall of a flat roof extend more than thirteen inches (13") above the maximum height limitation in the zone. Roofs not fitting clearly any of the above three (3) classifications shall be classified by the planning commission in accordance with the roof it most clearly resembles. Roofs which drain to the center shall be considered as flat or mansard depending on their configuration. To allow for roof pitches and provide usable space within the structure, the following exceptions apply:
 
A. The ridge of a gable, hip, gambrel or similarly pitched roof may extend up to five feet (5') above the specified maximum height limit for the zone.
 
B. Antennas, chimneys, flues, vents or similar structures may extend up to ten feet (10') above the specified maximum height limit for the zone.
 
C. Water towers and mechanical equipment may extend up to five feet (5') above the specified maximum height limit.
 
D. Church spires, bell towers and like architectural features, may extend over the specified maximum height limit, but shall not contain any habitable spaces above the maximum zone height stated. These features must be approved as a conditional use in the appropriate district. (Ord., 1-18-2005)
9-3-20: SATELLITE RECEIVING ANTENNA PLACEMENT:
 
A. Purpose: To ensure that satellite receiving stations do not have an adverse impact on aesthetic values and public safety in residential, commercial and industrial areas, installation of these devices is governed by the following regulations. The intent of these requirements is to locate such antennas and equipment where they are least visible from public streets and public areas and, to the extent possible, provide screening from adjacent property owners. Digital satellite dishes of less than or equal to thirty six inches (36") in diameter are exempt from this section. This section also does not apply to agricultural districts within the town.
 
B. Permit Required: The installation of satellite receiving stations, unless otherwise provided in this title, shall be deemed a permitted use. It shall be unlawful to install any satellite receiving station without first having obtained a building permit from the town. Plans of such satellite receiving stations shall be submitted with each application for a building permit, which shall include a site plan indicating the height, color, location, setbacks, foundation detail, landscaping and screening, and such plan shall be subject to approval by the planning commission.
 
C. Installation Standards: The following standards apply to the installation of a satellite receiving station. Installations unable to meet the following standards will be deemed a conditional use, and as such must comply with that process:
1. Height: Ground mounted receiving stations shall be limited to a maximum height of fifteen feet (15') above grade. Height of the receiving station shall be measured from the highest point of the apparatus to the finished grade beneath the apparatus, with the apparatus set in its operating position. Finished grade may not be raised to form mounds or berms to accommodate increased heights for receiving stations.
2. Setbacks: Satellite receiving stations installed on the ground must maintain all normal building setbacks applicable to the zone in which the station is located. If setbacks are not specified for the development, setbacks for the underlying zone must be met. The planning commission may vary setback requirements if the most effective screening can be achieved by placing the station within one of the required setbacks.
3. Location: All ground based receiving stations shall be located behind the front facade of the main building on the site. Stations may be allowed in the front yard area if it can be shown that no other reasonable locations are available and that site specific conditions, including steep grades, dense vegetation or other natural features which serve to screen the receiving station exist on the site. A satellite receiving station may be located in the front yard area only upon written approval by the planning commission.
4. Screening: Each satellite receiving station mounted on the ground shall be screened from ground view from public streets, rights of way and parks where practical through the addition of nonvegetative features and/or landscaping as shall be approved by the planning commission. Screening may also be required for adjacent property owners. As a guideline, screening shall consist of a combination of design elements involving a variety of sizes, shapes and textures that harmonize with the elements and characteristics of the property. When initially installed, screening shall include at least three (3) tall shrubs or trees, the height of which is at least equal to the height of the satellite receiving station, and low level screening to protect the reception window such that the structural base is not visible from beyond the boundaries of the site.
5. Materials And Color: All installations shall employ materials and colors that blend with the surroundings. All receiving stations shall be a dark neutral color and satellite dish antennas shall be of a wire mesh material. Variations may be reviewed by the planning commission. Highly reflective materials shall not be permitted.
6. Roof Or Wall Mounted: Roof or wall mounted satellite receiving stations will be approved only if they do not extend above the ridgeline of the roof or wall to which they are attached, are not located on the portion of the roof or wall fronting on any public street, and maintain normal setbacks. Satellite receiving stations on flat roofs may be approved if they are screened by the addition of architectural features which integrate with the characteristics of the structure and are not located on the portion of the roof fronting on any public street. The receiving station and screening shall not exceed the maximum height limit for the zone, except as allowed by this title for architectural details such as chimneys, vents or similar structures.
7. Cables To Be Underground: All wires and/or cables necessary for the operation of the receiving station shall be placed underground rather than installed overhead. Wires or cables attached flush with the surface of a building or the structure of the receiving station are the only exceptions.
8. Multi-Family Development: One satellite receiving station shall be allowed per project. A second receiving station may be allowed upon written approval by the planning commission. A letter from the owners' association or management committee indicating consent to the location of the satellite receiving station shall be required as part of the permit application filed with the town.
 
D. Subdivision And Condominium Covenants: Many subdivision and condominium covenants may address the location of satellite receiving stations within condominium units and the lots of a subdivision. The town is not a party to those covenants, and no permit from the town shall have the effect of overriding or amending those covenants which might be more restrictive than this section. Applicants for permits for the installation of satellite receiving stations are advised to determine what private land use restrictions apply to their site before applying for the permit from the town. If the proposed installation is within the common area of a condominium or planned unit development, and the application submitted is not in the name of the owners' association or management committee, the applicant shall provide a letter from the owners' association or management committee indicating consent to the location of the satellite receiving station within the common area has been granted as a part of the permit application filed with the town. (Ord., 1-18-2005)
9-3-23: BED AND BREAKFAST INNS:

A bed and breakfast inn is a conditional use and when allowed as a conditional use, shall be approved only in compliance with this title and the following:
 
A. The lot shall have at least thirty five feet (35') of frontage on a dedicated street.
 
B. One off street parking space shall be provided per employee, plus one space per guestroom. On street curbside parking may be used to satisfy this requirement at the rate of two (2) spaces per sixty feet (60') of lot frontage on a dedicated street.
 
C. Meals may be served to residents, employees, overnight lodgers and guests of overnight lodgers only. No cooking facilities shall be allowed in guestrooms.
 
D. Such use shall conform to all applicable health, safety and building codes and must be capable of such use without structural or site alteration which changes the residential character of the structure and yards.
 
E. No alcoholic beverages shall be sold on the premises.
 
F. No receptions, banquets or catering shall be permitted, other than for registered lodgers.
 
G. Any commercial use shall be incidental to the bed and breakfast use, i.e., gift shop, etc., and shall be limited to five percent (5%) of the total square foot area of the main floor of the building.
 
H. The dwelling must be at least fifty (50) years old or receive planning commission approval on a finding that, because of its existing or proposed prominent spatial location, contrasts of siting or scale, it is or would be an easily identifiable visual feature of its neighborhood or the agricultural and rural setting of the town, or contributes to the distinctive quality or identity of the town.
 
I. One identification sign not exceeding the area requirements for the respective zone in which the inn is located may be placed on an ornamental masonry wall, monument or structure that is unobtrusive and blends in well with the surrounding character of the neighborhood or building design. The freestanding sign shall not be higher than five feet (5'), unless the sign is located adjacent to an arterial road, in which case the height of the sign shall not exceed ten feet (10'). If illuminated, only hooded spot lighting is allowed, thus prohibiting back lighted signs. In any case, the sign must be approved by the planning commission prior to its construction.
 
J. No long term rental of rooms shall be permitted. The maximum stay for lodgers shall be seven (7) days.
 
K. A town business license shall be obtained as a condition of approval.
 
L. Supervision by an on site manager or owner shall be required on a twenty four (24) hour per day basis.
 
M. Care shall be taken to ensure that no exterior lighting shines directly into adjoining properties. (Ord., 1-18-2005)
9-3-24: LIQUOR STORES OR PRIVATE CLUBS AS CONDITIONAL USES:

Any application for a permit to maintain a liquor store or private club shall be a conditional use and shall conform to the following additional conditions beyond those created by the planning commission and shall comply to all aspects of this title:
 
A. No liquor store or private club may be established within three hundred feet (300') of the nearest residential zone boundary line, measured in a straight line from the nearest entrance of the liquor or club outlet.
 
B. Liquor stores and private clubs shall locate on either collector or arterial streets as may be defined in the general plan.
 
C. Off street parking shall be provided at the rate of one space per one hundred (100) square feet of total floor space in the building for liquor stores or clubs.
 
D. A permit to maintain a liquor store or private club as a conditional use must be approved directly by the planning commission. (Ord., 1-18-2005)
9-3-25: DAYCARE SERVICES (INCLUDING PRESCHOOLS):
 
A. "Family daycare" services, as defined in chapter 2 of this title, require a business license. The provider is limited to the number of children permitted by state law. The provider must reside in the residence where services are provided. The provider must receive a license from the state within sixty (60) days after approval by the town.
 
B. "Family group daycare" services, as defined in chapter 2 of this title, requires a conditional use permitcity business license. The provider is limited to the number of children permitted by state law. The provider must reside in the residence where services are provided. The subject residence must conform to the international building code prior to operating the facility. The provider must receive a license from the state within sixty (60) days after approval by the town.
 
C. "Child daycare" or "childcare center", as defined in chapter 2 of this title, requires a conditional use permitcity business license. All centers must comply with the international building code prior to occupancy and must receive a license from the state within sixty (60) days after approval by the town. (Ord., 1-18-2005; amd. 2007 Code)
9-3-26: TEMPORARY USES:
 
A. Purpose And Objectives: The following regulations are provided to accommodate those uses of land or buildings which are temporary in nature and are not therefore listed as regular permitted or conditional uses in any zone of the town. The character of these uses is such that proper conditions are required to protect adjacent properties and the general health, safety and welfare of the citizens of the town. Any building or structure which does not meet the requirements of this section shall be treated as a permanent land use and shall conform to all required standards of the building, health, fire, zoning and other similar codes.
 
B. Uses Allowed:
1. Uses allowed on a temporary basis in accordance with provisions of this section may include, but are not limited to, the following: carnivals, circuses, fireworks stands, fireworks displays, Christmas tree lots, promotional displays, tents for religious services, revivals, retreats, political rallies or campaign headquarters. Uses shall be allowed for not more than forty five (45) days' duration and shall not be allowed in the sensitive lands overlay zones.
2. A temporary use permit shall not be required for a garage sale; provided, that the garage sale shall not operate for more than a total of five (5) days in any calendar year, and shall be conducted by bona fide residents of the premises. Goods for sale shall consist of personal belongings of the residents. Goods offered for sale shall not be placed over a public sidewalk or in a public right of way.
 
C. Prior Approval Required: Prior to the establishment of any of the above uses, or any qualifying temporary use (except fireworks stands or fireworks displays, permits for which shall be administered by the fire department), a temporary use permit must be obtained from the planning commission with any conditions specified on the permit as required by the town. A temporary use permit shall not be construed as a conditional use permit and therefore is not required to meet the notification requirements of this title; however, the application procedure is similar to a conditional use permit in that Specific conditions may be required of the applicant and compliance to the conditions and the international building code, if applicable, shall become necessary to the granting, continuance or administration of the permit. Any application for such permit shall meet any necessary requirements of this title and this section, and shall be made by the property owner or his/her authorized agent. The granting of said permit shall require the following findings:
1. The conduct of the requested use will not have any detrimental effects on adjacent properties and will be in general harmony with surrounding uses.
2. The requested use will not create excessive traffic or parking hazards on adjacent streets and that traffic control, if necessary, shall be provided at the expense of the applicant.
3. The applicant shall have sufficient liability insurance for the requested use or event.
 
D. Standards And Requirements: A temporary use established under the provisions of this section shall conform to the following standards and requirements:
1. Any structure requiring sanitary facilities by building, fire, health or other similar codes shall be located on the same lot as a host structure unless independent water and sewer service is provided to the temporary structure. Where such codes require sanitary facilities, they may be provided by a host structure; provided, that there is:
a. No preparation of any food on the premises;
b. No indoor seating of patrons;
c. Written evidence that a host structure will provide permanent sanitary facilities for any employees and that such facilities are conveniently located not more than three hundred feet (300') from the structure and will be accessible during all periods of operation of the use;
d. Written evidence from the town or county health department that all food will be prepared and delivered from an approved commissary and that all waste resulting from the operation of the use will be properly disposed.
2. The minimum required parking shall be two (2) spaces, except that a reasonable number of additional parking places may be required. Such parking shall not have the effect of decreasing any existing parking that is required for any other use existing on the site. All parking shall meet the standards for off street parking as specified in this chapter, except that required parking may be provided on a gravel rather than a concrete or asphalt cement surface.
3. The layout of the proposed use shall be compatible with the access, parking, circulation and other significant elements of any other uses or structures existing on the site.
4. All structures shall be securely anchored to the ground at not less than four (4) points as directed by the building official or town engineer.
5. The right to occupy the site shall be secured by a written agreement with the owner of the parcel and the owner of any host structures. Said agreement shall address the question of use of restroom facilities by employees, responsibility for maintenance and restoration of the site upon termination of the use. A copy of the proposed agreement shall be part of the application.
6. Approval for each temporary use permit shall bear an expiration date based upon the nature of the use. In no case shall approval be given for a period exceeding forty five (45) days. Garage sales need not obtain a temporary use permit, but shall not operate the sale for a period exceeding five (5) days in any calendar year, and shall be conducted by bona fide residents or lessors of the premises. Goods for sale shall consist of household type items used by residents of the premises. If any temporary structure becomes vacant prior to the expiration of the permit, it shall be removed within fifteen (15) days of the vacancy.
7. The landowner of the parcel shall provide a cash bond for the restoration of the site of said use to its original condition, including cleanup, replacement of facilities, and removal of any structures according to the following schedule:
a. Circus, carnival or related uses: One thousand dollars ($1,000.00).
b. All other temporary uses: Three hundred dollars ($300.00).
 
E. Action On Application: A use meeting the requirements stated above shall be approved and a use not meeting the requirements stated above shall be denied, or may be approved with appropriate conditions to assure that the use will be compatible with and will not pose any detriment to persons or property. Said conditions may include a limitation upon hours of operation and/or a time limitation which is less than the maximum established by this section.
 
F. Revocation Of Permit: A permit may be revoked in the event of a violation of any of the provisions of this section or the conditions set forth in the temporary use permit.
 
G. Business License Required: A temporary use permit is not a business license and the granting of said permit shall not relieve the permittee of any other license requirement of the town or any other public agency.
 
H. Fees: In order to offset a portion of the costs incurred by the town in processing temporary use permits, a fee may be charged as established by the town in its fee and/or rate resolutions as may be applicable at the time.
 
I. Christmas Tree Sales; Permit:
1. It shall be unlawful for any person to sell or offer for sale in the town, any cut fir, evergreen or Christmas tree, without a permit, except when the permit requirement is specifically waived by the planning commission.
2. A permit to sell cut fir, evergreen or Christmas trees shall be obtained as otherwise described in this section. The permit required by this section shall allow tree sales for a period of forty five (45) days ending December 25 of the year in which the permit is issued. The fee charged for the permit described in this section shall be in lieu of a business license fee; provided, however, that no fee shall be charged for the permit required by this section if:
a. The applicant possesses a business license for which the applicable fee, if any, has been paid; and
b. The applicant complies with the provisions of this section, except for the payment of a permit fee; and
c. The applicant provides documentation showing that the trees to be sold have been lawfully cut, and are owned by the applicant.
 
J. Town Celebrations Or Events: Any town sponsored celebrations or special events of a temporary nature, including, but not limited to, the annual Fourth of July celebration, is exempt from the requirements of obtaining a temporary use permit as described by this section. (Ord., 1-18-2005)
9-3-27: COMMERCIAL RECREATIONAL VEHICLE PARKS OR CAMPGROUNDS:
 
A. Conditional Use Permit Required: A conditional use permit for a commercial recreational vehicle (RV) park or campground facility must be issued in accordance with the provisions of this title and this section before such a facility may be constructed in any zone which permits said construction and location as a conditional use. In addition to such terms and conditions as may be required upon the issuance of a conditional use permit for an RV park or campground, all RV parks or campgrounds shall be built to the standards set forth in this title. "RV" shall mean recreational camping type vehicles, travel trailers, as well as tent trailers or tents, if applicable.
 
B. Property Development Standards: The following development standards shall apply to the individual RV or camping sites. Plans and elevations for the RV park or campground and any buildings or structures proposed for location therein shall be submitted with the application for a conditional use permit for the RV park or campground in conformance with the provisions of this title. Said plans shall be in conformance with the following general development standards:
1. RV Or Camping Site Requirements: Each site shall be plainly marked and numbered for identification and shall meet all requirements of this title.
2. RV Or Camping Site Area: Each RV or camping site in a park shall have an area of not less than one thousand five hundred (1,500) square feet.
3. RV Or Camping Site Width: Each site shall have an average width of twenty five feet (25'). Trailers shall be separated from each other and from other structures by at least fifteen feet (15'). Any accessory uses such as attached awnings or steps shall, for the purposes of this separation requirement, be considered to be part of the trailer.
4. RV Or Camping Site Frontage: Each site shall abut directly upon a park street for a minimum distance of twenty feet (20'). Alignment and gradient shall be properly adapted to topography and provisions shall be made for proper drainage.
5. Trailer Density: Not more than one RV shall be placed on an RV site.
6. Site Coverage: The RV and/or accessory structures shall not cover more than fifty percent (50%) of an RV or camping site.
7. Off Street Parking:
a. Each RV site shall have thereon a paved space suitable for providing automobile parking which may be a part of or a continuation of a pad upon which the trailer or RV will rest. Said parking space shall have unencumbered dimensions of not less than nine feet (9') in width and twenty feet (20') in length.
b. Each RV site shall provide sufficient parking and maneuvering space so that the parking, loading or maneuvering of trailers incidental to parking shall not necessitate the use of any public street, sidewalk, right of way, or any private grounds not part of the RV parking area.
c. There shall be provided guest parking in each RV or camping park at the ratio of one parking space for each ten (10) RV or camping sites within said park. These spaces shall be in addition to those on site spaces required by subsection B7a of this section.
8. Landscaping: The following landscaping provisions shall apply to all RV or camping parks:
a. All open areas, except driveways, parking areas, walkways, utility areas or patios, shall be maintained with landscaping in accordance with a detailed landscaping plan to be approved in conjunction with issuance of a conditional use permit.
b. Trees shall be planted along the street frontages as may be required as a condition of a conditional use permit upon recommendation of town staff or the planning commission. There shall also be at least one tree upon each RV site.
9. Walls And Fences: Walls and fences on individual RV or camping sites shall not exceed two feet (2') in height. In addition, a decorative wall or fence at least six feet (6') in height shall be erected around the perimeter of each RV park. Said walls or fences shall be constructed of materials that complement the area and must be approved as part of the conditional use permit process.
10. Park Streets: Park streets shall be provided in such a pattern as to provide convenient traffic circulation within the RV park. They shall be built to the following standards:
a. Streets shall be at least twenty five feet (25') wide. Parking shall not be allowed on park streets.
b. The park streets shall be paved in accordance with town standards and shall be provided with concrete curb and gutter, if applicable in current standards. Said curb and gutter may be of a "roll" type to provide convenient access to trailer sites.
c. RV park streets shall be lighted in accordance with the requirements of the town council or engineer.
11. Recreation Areas: A central recreation area shall be established in all RV parks which shall be easily accessible from all trailer sites. The size of such recreation areas shall be not less than ten percent (10%) of the gross site area of all RV spaces, or three thousand (3,000) square feet, whichever is greater.
12. RV Or Camping Park Office: Every RV or camping park shall include a permanent building for office use. Such building may include a single-family dwelling for the exclusive use of the owner or manager, provided there is an area of not less than five thousand (5,000) square feet devoted exclusively to the use of said single-family dwelling and the occupants thereof.
13. Laundry Rooms: Every RV or camping park shall have one or more laundry rooms. Outdoor laundry drying lines shall not be permitted on any RV or camping sites.
14. Restrooms And Shower Facilities: Restrooms, including toilets, showers and lavatories, shall be provided within an RV or camping park to conveniently and adequately serve said park.
15. Telephone: The RV or camping park shall contain at least one public telephone for the use of park renters.
16. Utilities: All utility distribution facilities, including television antenna service lines serving individual RV sites, shall be placed underground. The owner is responsible for complying with the requirements of this subsection, and he shall make the necessary arrangements with each of the public serving utilities for installation of said facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other necessary appurtenances to such underground facilities, may be placed aboveground. All RV sites must be served with water and electricity. Tent only campgrounds shall only be serviced with water to each site or group of sites. Natural gas hookups shall not be provided upon individual RV or camping sites.
17. Storage: There shall be no open storage of personal belongings within an RV or camping site, nor shall there be an accessory building, shed or cabinet placed upon or erected upon an individual RV or camping site for the storage of materials or personal belongings. (Ord., 1-18-2005)
18. Fuel Tanks: All fuel tanks maintained within an RV site must be mounted securely upon or attached to the RV or recreation vehicle which they serve. No such tanks shall be larger than fifty (50) gallon capacity. No accessory, freestanding fuel tanks shall be permitted in individual RV sites, except that one such tank no larger than fifty (50) gallons may be approved by the planning commission for use only during the period of November 1 to February 29 in locations specifically approved. All fuel tanks must comply with state and federal regulations governing their construction and installation. (Ord., 1-18-2005; amd. 2007 Code)
19. Skirting: Any skirting surrounding the open space beneath an RV or other recreation vehicle shall be of the same basic material as the exterior skin of the vehicle and shall have the same color as that of the skin of the vehicle, or complementary colors thereto.
20. Extra Vehicles: In addition to a self-propelled recreational vehicle or RV and necessary tow vehicle, the occupants of an RV site may have only one other vehicle, which is owned by said occupants or otherwise associated therewith, located within the RV or camping park.
21. Removal Of Wheels: There shall be no removal of axles, wheels or tires from an RV or other vehicle located within an RV or camping park, except for emergency, temporary removal to accomplish repairs.
22. Mailboxes: There shall be no separate mailboxes, separate street address designations, or other similar accessories which would give the appearance of "permanence" to occupants of an RV site.
23. Disclosure: The owner of any RV park in town built and/or regulated by these provisions shall provide a copy of the standards set forth in this section to all occupants who are tenants of the park.
 
C. Minimum Park Area: No RV park or camping facility shall be constructed on a parcel of property which has an area of less than five (5) acres.
 
D. Length Of Occupancy: No RV or camping site located within a park established under the provisions of this section shall be occupied by any individual, family or group of individuals within a trailer camper, motor home, tent trailer, tent or other facility for a period exceeding thirty (30) days.
 
E. Eating And Cooking Facilities: Each RV or camping site shall be equipped with a picnic table and benches or equivalent, and an outdoor cooking facility which meets the approval of the fire district.
 
F. Wastewater And Trash Disposal And Drinking Water Stations: Each RV or camping park shall have facilities for disposal from the holding tanks of trailers and similar vehicles, which shall be hooked to the town sewer system, or a wastewater disposal system approved by the town council and state health department. Also, a source of potable water for filling RVs, travel trailers or other water tanks shall be required. Properly screened facilities for waste storage, handling and disposal must also be approved by the planning commission. (Ord., 1-18-2005)
9-3-28: OFF STREET PARKING:
 
A. General Requirements: There shall be provided and maintained at the time of erection of any main building or structure off street parking space with adequate provisions for ingress and egress by standard sized vehicles as hereinafter set forth. Such parking space shall be located on the same lot as the building it is to serve. No parking shall back directly onto any street.
 
B. Remodeling Or Enlargement Of Buildings: Whenever existing buildings are enlarged or increased in capacity, or a change in use occurs, additional off street parking spaces shall be provided which will meet the requirements applying to such enlargement or change in use.
 
C. Quantity Of Parking Spaces: The number of parking spaces for uses not specified herein shall be determined by the planning commission being guided where appropriate by the regulations set forth herein and table 9-3-28, subsection K of this section, for uses of buildings which are similar to the use or building under consideration.
 
D. Setback Exclusions And Conflicts: In a residential zone, no part of any private or public parking lot shall be located in a setback adjacent to a street, except under the following circumstances:
1. A parking lot may be approved in the portion of a front setback area which is outside the area formed by two (2) lines which extend from the outermost dimensions of the building perpendicular to the property line adjacent to the street, provided there is a minimum of ten feet (10') of landscaping adjacent to the street, there is a total of at least thirty feet (30') of landscaping between the street and the building, and the landscaping plan is approved by the planning commission.
2. A parking lot may be approved in any portion of a front setback area, provided there is a minimum of ten feet (10') of landscaping adjacent to the street, there is a total of at least thirty feet (30') of landscaping between the street and the building, and the landscaping plan is approved by the planning commission.
3. A parking lot may be approved in the area of a side setback facing a street, provided there is a minimum of ten feet (10') of landscaping adjacent to the street, there is a total of twenty feet (20') of landscaping between the street and the building, and the landscaping plan is approved by the planning commission.
4. In cases where there is a unique lot configuration, or an existing structure that the applicant is remodeling, or when it is necessary to change the parking requirements, the board of adjustmentappeal authority may, upon appeal of the applicant, consider lowering the landscaping requirements immediately adjacent to an arterial street, providing such variance does not create increased unreasonable hazards to the health, safety and general welfare of the residents in the area.
 
E. Landscaping: In reviewing the landscape plans, the planning commission shall consider the location, number, size and type of plants, the method of irrigation to be used and other similar factors.
 
F. Conversion Of Parking To Other Uses: Space allocated to comply with these regulations shall not be used later for additional structures or uses unless other space so complying is provided.
 
G. Area Of Spaces: For the purpose of this chapter, a space of not less than eight and one-half feet by twenty feet (81/2' x 20') of lot area with access to public streets by standard sized automobiles shall be deemed to be parking space for one vehicle.
 
H. Mixed Or Combined Parking Uses: In the case of mixed uses on the same site, the amount of off street parking spaces required shall be the sum of the parking required under this section for the principal use, together with a reasonable amount for all accessory uses. Said reasonable amount shall be determined in light of the uses, location and circumstances of the building or structure and in consideration of the provisions of this title.
 
I. Parking Surfaces: All required parking areas shall be surfaced with either concrete or bituminous asphalt as approved as to specifications by the town engineer.
 
J. Parking Vehicles On Vacant Lots: It shall be unlawful for the owner of a motor vehicle to park it or allow it to be parked on the property of another person for the purpose of displaying it for sale, unless the person upon whose property it is parked or the lessee of such property has a town business license to engage in the business of selling motor vehicles at that location. It shall also be unlawful for the owner or lessee of such property to allow another person to park a motor vehicle on the property for the purpose of displaying it for sale unless such owner or lessee has a business license to engage in the business of selling motor vehicles at that location. Said business license may be subjected first to the requirements of obtaining a temporary conditional use permit or temporary use permit as deemed by the town as per this title.
 
K. Specific Requirements By Use: Minimum on site and off street parking spaces for individual or similar uses shall be provided for in accordance with table 9-3-28 as follows and as interpreted by the planning commission for uses not specific to those listed in the following table. Note that SLU means standard land use codes, and corresponding codes may be found in appendix A to this title, which is on file in the city office:

TABLE 9-3-28 PARKING REQUIREMENTS PER USE
                                                                                                                               
 
SLU
Code 

Category 
Number Of Spaces Required
Per Unit Description 
1100 
Household units 
2 per each unit up to fourplexes 
1200 
Group quarters 
1 per sleeping room, except SLU code 1241 
1241 
Retirement homes/centers 
1 per 2 beds 
1300 
Residential hotels 
1 per sleeping room, plus parking for accessory uses 
1400 
Mobile home parks 
2 per each unit, plus 1 guest parking space for 3 units 
1500 
Transient lodging 
1 per unit, plus parking for accessory uses 
2000 
Manufacturing plants 
1 per employee at highest employment shift 
3000 
Manufacturing plants 
1 per employee at highest employment shift 
4212 
Bus passenger terminals 
1 per 200 square feet of building area 
4221 
Motor freight terminals 
1.25 per employee at highest employment shift 
4700 
Communications 
1.5 per employee at highest employment shift 
4813 
Electricity regulating station 
1 per employee at highest employment shift 
4822 
Gas production plant 
1 per employee at highest employment shift 
4832 
Water treatment plant 
1 per employee at highest employment shift 
4841 
Sewage treatment plant 
1 per employee at highest employment shift 
5100 
Wholesale 
1 per employee at highest employment shift, or per 2,000 square feet of floor space, whichever is greater 
5200 
Building materials, hardware 
3 per 1,000 square feet of floor area 
5300 
General merchandise 
5 per 1,000 square feet of floor area 
5400 
Food - retail 
5.5 per 1,000 square feet of floor area 
5500 
Automotive 
5 base, plus 1 per employee 
5600 
Apparel and accessories 
5 per 1,000 square feet of floor area 
5700 
Furniture and home furnishings, equipment 
1 per 600 square feet of floor area 
5800 
Eating and drinking places 
1 per 2 employees, plus 1 per 4 seats 
5900 
Other retail 
5 per 1,000 square feet of floor area 
6100 
Finance, insurance and real estate 
1 per 250 square feet of floor area 
6211 
Laundry and dry cleaning 
1.5 per employee, plus 3 additional 
6220 
Photographic services 
1 per 200 square feet of floor area 
6230 
Beauty and barber 
2 per employee at highest employment shift 
6240 
Funeral parlors 
12 per 250 square feet of floor area 
6250 
Apparel repairs 
1 per 200 square feet of floor area 
6300 
Business services 
1 per 200 square feet of floor area 
6370 
Warehouse and storage 
1 per 1,000 square feet of floor area 
6400 
Repair 
1 per 250 square feet of floor area, except SLU 6411 
6411 
Repair, auto 
6 per 1,000 square feet of floor area 
6500 
Professional 
1 per 300 square feet of floor area, except SLU 6513 and 6516 
6513 
Hospital services 
1 per bed, or per 1,000 square feet, whichever is greater 
6516 
Rest homes and convalescent 
1 per 2 beds, or per 1,000 square feet, whichever is more 
6600 
Contract construction 
1 per employee at highest employment shift 
6710 
Government offices 
1 per 250 square feet of floor area 
6800 
Educational:
Nursery, daycare
Grades K-8
Grades 9-12
Colleges and trade
schools 

1 per employee
2 per teaching station
3 per teaching station
15 per teaching station 
6911 
Churches, temples, etc. 
1 per 4 seats, or 4 person seating capacity 
7100-
7900 
Cultural, amusement and recreation 
1 per 3.5 seats or 3.5 person seating capacity, based on a maximum use of all facilities at the same time 

(Ord., 1-18-2005)
 
9-3-33: RIGHT TO FARM PROVISIONS1:

Since the town is an agricultural community and because the town council places such a high value on the protection and preservation of agricultural land uses, the town has adopted the following right to farm provisions of this title:
 
A. Impact Analysis: All subdivisions and master planned developments that: 1) border an agricultural area; or 2) contain within them an agricultural or irrigation right of way or easement; or 3) will contain an agricultural open space or preservation, shall have additional requirements imposed upon the developer in the form of an analysis to be reviewed and implemented as part of the conditional use process, MPD review process or subdivision process. This impact analysis shall be used to determine the impact on associated farming and/or livestock operations affected by the development, and implement remediation and protection designs in the development to alleviate conflicts with the affected agricultural operations.
 
B. Applicability: The developer is responsible for the performance of the analysis with the input and review by the town. The planning commission and developer shall use the following review guidelines or issues in determining the impact on farming operations of the development, and will apply appropriate conditions during the approval process to ensure that the farm or ranch affected is assured a right to farm without undue burden of residential or commercial growth and complaints by neighbors. All rights to farm are preserved to the best ability of the town, taking into consideration practical land use applications and private property rights and concerns.
 
C. Factors Considered: The following factors shall be used as guidelines or issues in the preparation and review of the agricultural impact analysis. Impact solutions may be developed as permit conditions and restrictive covenants or agreements:
1. Protection of irrigation access and maintenance of ditches and canals.
2. Safety and protection of the public from ditches, canals, ponds and drainage systems.
3. Livestock movement corridor protections and safety concerns.
4. Fencing safety (i.e., electrical, barbed wire) and design.
5. Private property protection issues.
6. Hunting protection, access and livestock safety concerns.
7. Protection of farm equipment ingress and egress.
8. Erosion and soil protection and conservation concerns.
9. Drainage of the subdivision and designs to minimize the discharge or impact on agricultural lands and soils.
10. Noxious weeds, pests and pet (dog) controls in the subdivision.
11. Provisions, acknowledgments and understandings by new property owners (including hold harmless agreements, if necessary) that farm work hours run late and begin early, and that farm operations may contribute to noises and odors objectionable to some subdivision residents.
12. Screening provisions and landscaping designs to reduce noise or visual impact on surrounding or conflicting land uses.
13. Any other provisions or concerns that the planning commission deems necessary to protect the right to farm on adjoining or appurtenant properties. (Ord., 1-18-2005)
9-4-14: REVIEW BY PLANNING COMMISSION:

General planning and review of specific development projects by the planning commission shall be divided into the following functions:

Town comprehensive planning and zoning review;

Subdivision approval;

Master planned development approval;

Plat approval;

Termination of inactive applications; and

Sensitive lands review.

The scope of review for each of these functions is as follows:
 
A. Town Comprehensive Planning And Zoning Review: The planning commission shall have the primary responsibility to initiate long range master planning for the town, including planning for adequate streets, parks, trails and recreation facilities, long range zoning objectives, and periodic review of existing plans to amend them or keep them current. The planning commission shall review proposed annexation to the town and recommend action and zoning on land to be annexed. The planning commission shall initiate or recommend zone changes and review the development standards within zones. The planning commission shall hear all requests for zone changes.
 
B. Subdivision Approval: The planning commission shall review all applications for subdivisions under the provisions of any applicable town subdivision codes and regulations, and this title, namely chapter 8 of this title.
 
C. Master Planned Development Approval:
1. Application; Considerations: All proposals for master planned development approval shall be reviewed by the planning commission. An application must be filed with the planning commission in a form as described in chapter 9 of this title. In reviewing requests for small and large scale master planned development approval, the planning commission shall consider the overall planning for the proposed project, including:
a. Site planning for the project;
b. Traffic circulation within the project and on the adjoining streets, both existing and proposed;
c. Land uses within the proposed project area, including the mixture of commercial and residential;
d. Density of development;
e. Identification of development parcels within the larger tract, and the order in which development is proposed or should be permitted to allow for the orderly and economic expansion of town services and infrastructure;
f. Compatibility with surrounding land uses;
g. Other pertinent planning and land use issues that are affected by the project, such as the effects on schools, fire protection, water, sewer and utility services, drainage, and similar on and off site issues; and geologic or other natural hazards;
h. Compatibility with the general plan adopted by the town;
i. Utility capacity;
j. Emergency vehicle access;
k. Location and amount of off street parking;
l. Internal circulation system;
m. Fencing, screening and landscaping to separate the use from adjoining uses;
n. Building mass, bulk and orientation, and the location of buildings on the site;
o. Usable open space and open space conservation alternatives;
p. Signage and lighting;
q. Physical design and compatibility with surrounding structures in mass, scale, style, design and architectural detailing, and general architectural theme;
r. Noise, vibration, odors, steam, smoke or other mechanical factors that affect people and property off site;
s. Control of delivery and service vehicles, loading and unloading zones, and screening of trash or recycling pick up or storage areas;
t. Expected ownership and management of the project as primary residences, condominiums, time interval ownership, nightly rental or commercial tenancies;
u. Sensitive lands issues and delineation (if needed) and mitigation measures if necessary or applicable;
v. Right to farm issues and impacts as per section 9-3-33 of this title;
w. Impact analysis and market analysis;
x. Any other criteria or issues that the planning commission considers pertinent in dealing with the project.
2. Nature Of Approval: Upon review and consideration of the proposal, the planning commission may approve, disapprove or modify and approve the request for master planned development approval. The approval process shall establish the following items:
a. Designation of land uses within the project area;
b. Designation of identifiable development parcels within the total project area. These development parcels are not required to be divided or platted as subdivision lots, but may be designated on maps as a part of the approval with a final legal description of the parcels to be required at the time each is developed or sold, leased or otherwise transferred or separated from the whole tract;
c. Designation of the land use or mixture of uses for each development parcel;
d. Designation of density ranges in unit equivalents for each development parcel identified;
e. Designation of the order of development, including concurrency plans and issues to ensure economical and efficient expansion of town services and infrastructure;
f. Designation of specific conditions to the development of any parcels which are by their nature more subject to development constraints than the typical parcel in the proposed development;
g. Designation of density transfers from one parcel to another, if any;
h. Whether or not there will be commercial uses on all or some of the development parcels identified, and if so, the specific parcels that will include commercial uses;
i. The general architectural or design theme and character of the overall development;
j. Adequate protection of right to farm in adjacent agricultural areas;
k. Sensitive lands protection and/or mitigation measures;
l. Any other measures established that the planning commission considers pertinent in approval of the project.
3. Length Of Approval: The master planned development approval granted by the planning commission shall be effective so long as construction is proceeding in accordance with the approved phasing plan. Approval will lapse after two (2) years of inaction, unless extended for up to two (2) years by the planning commission. Zone changes occurring while the approval is in effect shall not affect the approval. Changes in the master plan requested by the developer will be reviewed and approved as a revision to the master plan by the planning commission. A "change" will be defined as any change in concept, unit type, configuration or number. At that time, the planning commission shall review the entire MPD, even if only one parcel or phase is involved in the modification under the regulations in effect at the time of review. Modification shall act as an extension of the approval.
4. Record Of Approval: When a master planned development approval is granted, the approval shall be noted in a recordable document stating the legal description of the property involved, and at least the general nature of the approval. The notice shall direct interested persons to the town to review the actual master plan. The purpose of the recording is to put prospective purchasers on notice that the land has been included within a master plan that has established density ranges and land uses that might be more or less restrictive to individual parcels than the underlying zoning regulations might imply.
5. Development On Planned Parcels: Development proposals for each approved development parcel within the master plan development approval is reviewed by the planning commission under the conditional use process , regardless of the size or nature of the development. (Ord., 1-18-2005)
 
D. Ratification Of Departmental Actions: The planning commission shall review all actions of the community development department and/or director on the approval of conditional use applications. Conditional use approvals shall be placed on the planning commission agenda under a section designated as the consent agenda, with such supporting material as the planning commission chairperson determines is appropriate or necessary for the information of the commission members . All items on the consent agenda shall be passed or denied by a single motion at the planning commission meeting, unless a motion to remove a specific item is made. Motions to remove specific items from the consent agenda shall state the reasons for the removal, referring to specific planning issues or title sections which the commissioner making the motion does not think have been satisfactorily resolved or complied with. Motions to remove items from the consent agenda shall be passed by a majority vote of the planning commission members present and voting on the issue. When an item is removed from the consent agenda, it shall not be acted on at the same meeting at which the removal occurs , unless the developer requests the item to be tabled in order to prepare additional information to respond to the commission's concerns . The following items may be placed on the consent agenda as the chairperson may direct: (Ord., 1-18-2005; amd. 2007 Code)
1. Conditional use permits;
1. Development on approved minor master planned developments;
2. Final plat approvals for either of the above, or plat approvals for condominiums or other projects, and subdivisions;
3. Requests for extensions of conditional use approvals, minor master planned development approvals or master planned development approvals;
4. Other items of a performance or ratification nature which the chairperson directs the department or director to place on the consent agenda for action.
 
E. Review Of Staff Actions: At any time the "developer" or any nonowner, as defined in this title, may request that staff actions on a project be reviewed by the planning commission. The scope of review by the planning commission shall be the same as the scope of review at the staff level on the matters at issue.
 
F. Plat Approval: The planning commission shall review all plats to be recorded affecting land within the town limits or annexations to the town. The scope of review on plat approval is limited to finding substantial compliance with the provisions of the state statute on recording of plats, and that all previously imposed conditions of approval, whether imposed by the staff or the planning commission, have been satisfied. The plat must also comply with all the regulations and procedures contained in this title. Upon finding that the plat is in compliance with the state statute and this title, and that conditions of approval have been satisfied, the plat must be approved. No new conditions may be imposed at the plat approval stage. The town engineer, town attorney, town recorder, town council and mayor shall all review the plat as required by statute before recording. Plats may be approved on the consent agenda.
 
G. Inactive Projects: See section 9-1-17, "Termination Of Projects", of this title.
 
H. Sensitive Lands Review: Any project falling within the sensitive lands overlay zone or containing designated sensitive lands, may be subject to additional requirements and regulations as outlined in the sensitive lands regulations contained in chapter 10 of this title. (Ord., 1-18-2005)
 
I. Right To Farm Review: Any project falling within the purview or scope of section 9-3-33 of this title, shall be subject to additional requirements and regulations as outlined in the right to farm provision of that section of this title. (Ord., 1-18-2005; amd. 2007 Code)
9-5-0: SCOPE OF REGULATIONS:
The regulations set forth in this chapter describe the board of adjustmentappeal authority which is sometimes referred to as the board of adjustment elsewhere in this title and its membershipcomposition, function and responsibilities as defined in state law, Title 10 Chapter 9a of the Utah State Code, and the town subdivision and master planned development code. (Ord., 1-18-2005)
9-5-1: CREATED:
In order to avail the town of the powers provided in Utah Code Annotated Title 10, Chapter 9a, as amended, there is hereby created a board of adjustmentland use appeal authority, which may be a panel consisting of three (3) shall consist of five (5) members with. There may also be appointed up to two (2) nonvoting alternates to vote when a regular member is absent, or the town council. Members shall be appointed by the mayor, with the advice and consent of the town council. The town council may fix per diem compensation for the members of the board of adjustmentland use appeal authority panel by resolution, based on necessary and reasonable expenses for meetings actually attended. All members of the board of adjustmentland use appeal authority panel shall reside within the town limits, and are deemed to have resigned if they move their residence or sell their property from the town limits. In no event shall a member of the and use appeal authority vote on, or decide, an issue on appeal for which they were the land use authority, or a member of the land use authority. There may be multiple land use appeal authorities with specified or general authority to hear different types of issues (Ord., 1-18-2005)
 
9-5-2: TERM OF OFFICE:

Each member of the
board of adjustmentland use appeal authoritypanel shall serve for a term of five (5) yearsone (1) year, or until hisa successor is appointed and qualified; provided, that the term of the members of the first boardauthority so appointed shall be such that the term of one member shall expire each year. Vacancies shall be filled in the same manner as the original appointment for the balance of the unexpired term. (Ord., 1-18-2005)
9-5-3: ABSENCE DEEMED RESIGNATION OR GROUNDS FOR REMOVAL:

Any
boardland use appeal authority panel member who is absent for two (2) consecutive regularly scheduled meetings, or a total of four (4) regularly scheduled meetings per year, may be called before the town council and asked to resign or be removed for cause by the town council. (Ord., 1-18-2005)
9-5-4: ORGANIZATION:
 
A. Chairperson: The board of adjustmentland use authority panel shall, when applicable, elect a chairperson and may adopt such rules for its own proceedings as are deemed necessary.
 
B. Quorum: No business shall be conducted by a land use appeal authority panel unless at least three (3) members of the boardpanel, not counting the alternates, are present. (Ord., 1-18-2005)
9-5-5: MEETINGS:

Meetings of the
boardland use appeal authority panel, shall be held at the call of the chairpersonand at such other times as the boardland use appeal authority may determine. The chairperson of the board of adjustmentland use appeal authority panel, or in histhe chairperson’s absence, the acting chairperson, may administer oaths and compel the attendance of witnesses at such meetings, and all meetings shall be open to the public. The boardland use appeal authority shall keep minutes of its proceedings showing the roll call of votes upon all questions or, if a member is absent or fails to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the town recorder and shall be public record. All meetings and hearings will be posted and noticed (in the case of hearings) as per section 9-1-6 of this title. An annual schedule of meetings will be published at least once annually, in a newspaper of general circulation in the town. The schedule may state that some meetings may be canceled upon twenty four (24) hours of posted notice if the meeting is not necessary or required. (Ord., 1-18-2005)
9-5-6: HEARINGS BEFORE BOARDAND SCOPE OF REVIEW:
 
The scope of review for factual matters on appeal of decisions by the land use authority shall be on the record created before the land use authority and not de novo. The appeal authority shall:
1. determine whether the record om appeal includes substantial evidence for each essential finding or fact.
 
2.determine the correctness of the land use authority’s interpretation and application of the plain meaning of the land use regulations.
 
3. interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
See Utah Code Annotated Section 10-9a-707. The board of adjustmentland use appeal authority is created to hear four (4) classifications of cases as follows:
 
A. Variance Applications: Whenever any application or permit has been stayed or denied by the planning commission on the basis that approval of the requested permit or application would violate the provisions of this title relating to setback, building height, side yard, lot size, site requirements, parking requirements, or some similar provision of this title that has the effect of depriving the applicant of the reasonable use of his property when others similarly situated are entitled to make such use of their property, the boardland use appeal authority may hear the matter, and grant a variance from the strict enforcement of this title. A variance is defined in greater detail in Utah Code Annotated section 10-9a-702, as amended.
 
B. Modifications Ofof Nonconforming Uses: The boardland use appeal authorityshall have the power to rule on all requests for enlargements, modifications, or changes in the character of any nonconforming use, and to have hearings to determine whether the use in question is in fact a nonconforming use as opposed to a violation of this title or an allowable use within the zone. Nonconforming uses are further addressed in section 9-1-23 of this title.
 
C. Appeals: The boardland use appeal authority shall hear and decide appeals of the land use authority as definedfurther described in subsection 9-1-13E19-1-16of this title where it is alleged that there is an error in any order, requirement, decision or determination made by the land use authority including the planning commission in the enforcement of Utah Code Annotated Title 10, Chapter 9a, as amended, or any town ordinance adopted pursuant thereto.
 
D. Special Exceptions: The boardland use authority may hear applications for special exceptions to the terms of this title which apply to variances, modifications of nonconforming uses, appeals and other matters upon which the boardland use authority is required to pass judgment under this title. (Ord., 1-18-2005)
 
E. Land use appeal authority shall not hear an appeal of the land use authority administering or interpreting any geologic hazard ordinance of the town which shall be heard by a panel of experts pursuant to Utah Code Annotated Section 10-9a-703(2).
9-5-7: VARIANCES:

Variances from the provisions of this title may be granted by the
boardland use appeal authority as per Utah Code Annotated section 10-9a-702, as amended, whenever a strict or literal application of the provisions of this title would create a hardship on the owner of the subject property that is unique to that property. Because of the agricultural development of the town over a long period of time before development codes were enacted by Box Elder County or the town, which has resulted in a number of irregular lots, encroachment by public streets and facilities, and the access problems inherent in the area because of these misplaced streets and steep grades, watercourses and other geographic problems inherent in a rural agricultural environment, the boardland use appeal authority may exercise broad discretion in acting on variances to assure the public and the owners of property on which variances are requested that substantial equity results from board land use appeal authority actions (including equality of past board of adjustment land use appeal authority rulings). Variances shall be granted when the strict application of this title would:
 
A. Deprive the owner of the property in question of the substantial property rights and privileges available to others owning similar property within the same zone; and
 
B. The deprivation results from conditions on the property, including irregular lot size, lot shape, access, presence of easements or rights of way across the property, including non-platted but existing public streets, or similar factors not of general application to other properties in the zone and not from conditions created by the applicant; and
 
C. The granting of the variance would not be detrimental to the public health and safety or contrary to the general plan of the town, and strict adherence to the letter of this title will cause hardships, the imposition of which is not necessary in order to carry out the general purpose of the plan. (Ord., 1-18-2005)
9-5-8: APPLICATION FOR VARIANCE REVIEW:

A letter of application for variance review must be filed with the town
clerk or recorder, and the required fee paid in advance. The application shall state the nature of the hardship and the nature of the variance requested. If the request for a variance is a result of a denial of any building permit or conditional use approval, the application shall so state, and all documents on file concerning the matter shall be forwarded to the board for review as a part of the request. The applicant or the town may present any information as might be reasonably required by the board land use appeal authority in evaluating the request. (Ord., 1-18-2005)
9-5-9: NOTICE AND SCHEDULING OF A HEARING:

The
boardland use appeal authority shall, upon receipt of the letter of application for a variance, or an appeal from the land use authority, schedule a date for hearing on the matter. The hearing date shall be no less than fifteen (15) days, nor more than thirty (30) days from the date of application or appeal. Notice shall be given to adjoining landowners in the manner described in chapter 1 of this title, and in addition, notice of hearing shall be published at least once prior to the date of the hearing in a newspaper having general circulation in the town. (Ord., 1-18-2005)
9-5-10: PERSONS ENTITLED TO APPEAR:

At the hearing on any matter before the
board of adjustment, land use appeal authority, any person aggrieved or interested in the matter may appear in person or through his attorney to testifyprovide public comment on the matter. The applicant shall have the right to respond to testimony offered in opposition to the application. (Ord., 1-18-2005)
9-5-11: DECISION:

In exercising the above mentioned powers, the
boardland use appeal authority may, in conformity with the provisions of this title, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the official or boardland use appeal authority from whom the appeal is taken.
All decisions of the land use appeal authority shall be in writing which explains the basis of the decision (Ord., 1-18-2005)
9-5-12: VOTE NECESSARY FOR REVERSAL:

The concurring vote of
three (3) members the majority of the quorum convened of the boardLand use appeal authority panel, or a written ruling from the town council, shall be necessary to reverse any order, requirement or determination of any such administrative official or board, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance. (Ord., 1-18-2005)
9-5-13: BURDEN OF PROOF AND LIBERAL CONSTRUCTION:

The land use appeal authority is a quasi-judicial body. Because of the unique factors in the platting and recording of the older portions of the town, and the fact that many times existing public streets encroach on platted lots, or that platted lots may be on or adjacent to platted but unopened streets or other agricultural rights of way, the powers of the boardland use appeal authority shall be liberally construed to grant the flexibility reasonably necessary to enable the owners of property within the affected parts of the town reasonable opportunities to develop that property to the same extent as others similarly situated within the zone, but without the unique site constraints affecting the applicant's site under the standards in Utah Code Annotated Section 10-9a-702. The appellant has the burden of providing the land use authority erred. (Ord., 1-18-2005)
 
9-5-14: JUDICIAL REVIEW OF BOARD DECISION:

The town or any person aggrieved by any decision of the
board of adjustmentland use appeal authority may have and maintain a plenary action for relief therefrom in the district court in Box Elder County, provided petition for such relief is presented to the court within thirty (30) days after the filing of such board decision with the town recorder the land use authority issues its written decision. The town council may not override a decision properly made by the board of adjustment land use appeal authority. (Ord., 1-18-2005)
 
9-6-5: SITE PLAN REQUIRED:

Apart from any project or building plans required to be submitted to the town, a detailed site plan, drawn to scale, shall be filed with the building official, as part of any application for a building permit for a permitted use. The site plan shall show where pertinent:
 
A. Scale and north arrow.
 
B. Lot lines and their dimensions.
 
C. Adjacent streets, roads, rights of way, ditches, easements and land uses.
 
D. Location of all existing structures on the subject property and adjoining properties (completely dimensioned, including utility lines, poles, fences, etc.).
 
E. Existing utility line locations and sizes.
 
F. Existing and proposed grading, drainage and landscaping plans.
 
G. Location of proposed construction with setbacks and improvements, including location of all pertinent landscape elements, retaining walls, drainage works and signs.
 
H. Motor vehicle access, including individual parking stalls, circulation patterns, curb, gutter and sidewalk, and trail location.
 
I. Necessary explanatory notes.
 
J. Name, address and telephone number of builder and owner.
 
K. Other information which may be requested by the building official, town staff or in this code. (Ord., 1-18-2005)
9-7A-9: ACCESSORY BUILDINGS:

Accessory buildings may be located on lots in the agricultural zone according to the following setback requirements:
 
A. Side Yard: An accessory building may be located in a side yard no closer than eight feet (8') from the side property line and no closer than six feet (6') from the dwelling or main building, except that an accessory building may not be located in the required street side yard of a corner lotwithin 30 feet of the property line adjacent to the street.
 
B. Rear Yard: An accessory building may be located in a rear yard no closer than six feet (6') from the dwelling or main building and no closer than three feet (3') from the side or rear property lines. An accessory building may be located at or near the side or rear property lines; provided, that all requirements of the international building code are met and that the accessory building is equipped with facilities for the discharge of all roof drainage onto the lot upon which said accessory building is located.
 
C. Additional Setback Requirement: In addition to the foregoing side yard requirements, accessory buildings exceeding ten feet (10') in height shall be located so that the horizontal distance measured from the property line to any point of the structure shall be thirty percent (30%) or more of the height of the structure at that point (horizontal distance/height = 30 percent or more).
 
D. Accessory Buildings For Animals: Accessory buildings used for the housing or shelter of animals shall be located a minimum distance of forty feet (40') from any dwelling.
 
E. Easements: No permanent accessory building shall be located within a platted easement area of any kind. (Ord. 13-01, 9-3-2013)
F. Building Permit: A building permit is not required if an accessory building meets the following criteria:
      1. Building footprint is 300 square feet or less.
      2. No power, water, gas or septic utilities are included in the building.
      3. Building height is 15 feet or less.
9-7A-11: BUILDING HEIGHT:

No lot or parcel of land in the agricultural zone shall have a building which exceeds a height of thirty feet (30'), except that silos, windmills and other agricultural related accessory structures not used for human occupancy may exceed thirty feet (30') in height. All structures over thirty feet (30') will require a conditional use permit . (Ord. 13-01, 9-3-2013)
9-7B-2: PERMITTED AND CONDITIONAL USES:

Those general uses or categories of uses listed in appendix A to this title may be conducted in the residential zone. Uses are listed as designated in this title. Detailed permitted uses and conditional uses as well as prohibited uses are listed in the zone district land use table in appendix A to this title, which is on file in the town office. All permitted or conditional uses are limited to home occupations.
 
A. Conditional Uses: The planning commission may authorize the issuance of a conditional use permit for uses of land in the residential zones, as indicated by the use classifications listed in appendix A to this title which is on file in the town office. Also shown with each classification is the zone to which the classification is applied (see section 9-1-14 of this title). (Ord. 13-01, 9-3-2013)
9-7B-7: PANHANDLE LOTS:

Panhandle lots are not permitted as a conditional use . (Ord. 13-01, 9-3-2013)
9-7B-10: ACCESSORY BUILDINGS:

Accessory buildings such as garages and sheds may be located on lots in residential zones according to the following requirements, but only in conjunction with an existing dwelling or main building on the same lot:
 
A. Side Yards: An accessory building shall be located in a side yard no closer than eight feet (8') from the side property line and no closer than six feet (6') from the dwelling or main building; except, that an accessory building may not be located in the required street side yard of a corner lot.within 30 feet of the property line adjacent to the street.
 
B. Rear Yard: An accessory building may be located in a rear yard no closer than six feet (6') from the dwelling or main building and not closer than three feet (3') from the side or rear property lines. An accessory building may be located at or near the side or rear property lines; provided, that all requirements of the international building code are met and that the accessory building is equipped with facilities for the discharge of all roof drainage onto the lot upon which said accessory building is located.
 
C. Additional Setback Requirement: In addition to the foregoing side yard requirements, accessory buildings exceeding ten feet (10') in height shall be located so that the horizontal distance measured from the property line to any point of the structure shall be thirty percent (30%) or more of the height of the structure at that point (horizontal distance/height = 30% or more).
 
D. Accessory Buildings For Animals: Accessory buildings used for the housing or shelter of animals shall be located a minimum distance of forty feet (40') from any dwelling.
 
E. Easements: No permanent accessory building shall be located within a platted easement area of any kind. (Ord. 13-01, 9-3-2013)
F. Building Permit: A building permit is not required if an accessory building meets the following criteria:
      1. Building footprint is 300 square feet or less.
      2. No power, water, gas or septic utilities are included in the building.
      3. Building height is 15 feet or less.
9-7C-4: CONDITIONAL USES:

Certain uses and structures are permitted in the RT2 zone only after a conditional use permit has been issued, and subject to the terms and conditions thereof. All conditional uses allowed under the RT2 zone are designated in appendix A to this title (land uses by zone), on file in the town office, which designates each use in the standard land use code format as published and maintained by the planning commission. Those uses or categories of uses as listed therein, and no others, are conditional in the RT2 zone. All such conditional categories listed therein and all specific uses contained within them in the standard land use code will be conditional in the RT2 zone, subject to the limitations set forth herein. (Ord. 13-01, 9-3-2013)
9-7C-13: BUILDING HEIGHT:

In the RT2 zone, the height of every building or structure hereinafter designed, erected or structurally altered or enlarged, shall be regulated by conformance to the requirements of the most recent edition of the international building code. After the effective date hereof, all new structures exceeding two (2) stories in height shall be served with elevators or escalators in addition to the stairways otherwise required by law. Any building design of over thirty feet (30') in height shall be a conditional use. ( Ord. 13-01, 9-3-2013)
 
 
9-7D-4: CONDITIONAL USES:

Certain uses and structures are permitted in the B zone only after a conditional use permit has been issued, and subject to the terms and conditions thereof. All conditional uses allowed under the B zone are designated in appendix A to this title (land uses by zone), on file in the town office, which designates each use in the standard land use code format as published and maintained by the planning commission. Those uses or categories of uses as listed therein, and no others, are conditional in the B zone. All such conditional categories listed therein and all specific uses contained within them in the standard land use code will be conditional in the B zone, subject to the limitations set forth herein.
(Ord. 13-01, 9-3-2013)
9-7D-13: BUILDING HEIGHT:

In the B zone, the height of every building or structure hereinafter designed, erected or structurally altered or enlarged shall be regulated by conformance to the requirements of the most recent edition of the international building code. After the effective date hereof, all new structures exceeding two (2) stories in height shall be served with elevators or escalators in addition to the stairways otherwise required by law. Any building design of over thirty feet (30') in height shall be a conditional use. (Ord. 13-01, 9-3-2013)
9-7E-4: SUBDIVISION PROPOSALS:

All subdivision proposals within the sensitive lands overlay zone must be submitted and applied for as a master planned development and as such all uses associated with the subdivision become a conditional use and are reviewed as outlined in chapter 8, articles A through E, and chapters 9 and 10 of this title. (Ord. 13-01, 9-3-2013)

 
9-9-2: USES:

An MPD may be allowed as a conditional use in all residential and agricultural zones as designated herein, and the MPD development plan shall become supplementary to the provisions of the zones in which the MPD is located, although the town shall not be required to enforce any of the restrictive covenants recorded pursuant to this chapter.
 
A. Zones Allowing Attached Units: Attached units shall be allowed in all residential zones, except agricultural (A1) zone. Attached units are limited to a density of one attached unit per five (5) acres. No density bonuses are available for attached units.
 
B. Types Of Developments: Master planned developments include cluster subdivisions, planned developments, twin homes, condominiums, planned developments using manufactured housing, and combinations of housing types such as single units and duplex units.
 
C. Zone Use Limitations: Uses permitted in the MPD shall be limited to those uses permitted in the zone in which the MPD is allowed. (Ord., 1-18-2005)
9-9-12: MULTI-FAMILY APARTMENT DEVELOPMENTS:
 
A. Land Ownership Designation: Land ownership designations are not required for apartment developments.
 
B. Utilities:
1. Each building shall have a minimum of one meter for water and each building shall have at least one meter for natural gas and electricity.
2. No more than four (4) dwelling units shall be connected to one sewer lateral. Each unit shall have installed in the sewer lateral a backwater valve along with clean outs for each unit.
 
C. Landscaping: All land, except for building areas, driveways and parking areas within the apartment development shall be landscaped and maintained with trees, shrubs, lawn and ground cover.
 
D. Parking: No less than two (2) off street parking spaces shall be provided for each dwelling unit. In addition, one off street parking space for each four (4) dwelling units shall be provided for guest parking. All parking spaces and driveways shall be paved with either asphalt or concrete and properly drained. Drainage shall not be channeled or caused to flow across pedestrian walkways or trails.
 
E. Recreational Vehicle Storage: An apartment development with more than twelve (12) units shall provide a paved parking surface enclosed with a sight obscuring fence at least six feet (6') in height, for the storage of operable and licensed recreational vehicles. This area shall be developed at the ratio of fifty (50) square feet per unit. The town council may waive this requirement by requiring as a condition of the conditional use permit that no recreational vehicle be parked or stored within the apartment development.
 
F. Declaration Of Covenants, Conditions And Restrictions: Apartment developments are not required to submit a declaration of covenants, conditions and restrictions.
 
G. Final Plat Recordation: A final plat showing the area of the apartment development and bearing the name of the apartment development shall be approved by the town and shall be recorded in the office of the Box Elder County recorder. (Ord., 1-18-2005)
9-10-4: DEFINITIONS:

For the purposes of this chapter, certain unique terms and words used herein shall be used, interpreted and defined as set forth in this section and in
chapter 2 of this title:

COMPATIBLE: A development is compatible with an existing development or property if its architectural features, building height and materials, approved uses, intensity of such use and other features are complementary and do not have a significant adverse economic and aesthetic impact on the existing development or property, including agricultural properties.

CREST OF HILL: The highest point on a hill or slope as measured continuously throughout the property. Any given property may have more than one hillcrest.

DEVELOPMENT APPROVAL APPLICATION: Includes any application for any development approval, including, but not limited to, grubbing, grading, an alteration or revision to an approved MPD,
conditional use permits, zoning or rezoning, subdivision or annexation. The term "development approval application" shall not include any building permits associated with construction within an approved subdivision or on an existing platted lot unless otherwise specified.