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(A) Purpose. These standards are intended to prevent traffic congestion by requiring adequate off-street parking and loading areas.
(B) Off-street parking required. Except in the Central Business District, where reliance on on-street parking may be permitted, all uses and buildings shall provide at least the minimum number of off-street parking spaces required by Table 6. Off-street parking for different land uses on the same lot shall be calculated separately.
(1) Sizes/standards. Off-street parking spaces shall be located outside any public right-of-way. Each space must be at least nine feet by 20 feet in size with vertical clearance of seven feet and be designed for parking of typical passenger vehicles with room to get out on either side of the vehicle, with adequate maneuvering space and accessible to public streets or alleys.
(2) Garages. Garages and similar accessory buildings may be used to provide off-street parking spaces.
(3) Surfacing. All outdoor parking lots and other outdoor parking areas, including access ways and isles, which provide five or more parking spaces, shall be hard surfaced to minimize dust. Parking areas providing four or fewer parking spaces, and their access ways and isles, may be gravel surfaced but shall be well compacted and of material that minimizes dust.
(4) Grading/drainage. Parking areas shall have properly graded and drained surfaces.
(5) Snow storage. Snow storage shall be provided on parking lots providing more than ten parking spaces, and snow storage areas shall not be allowed to reduce the size of required off-street parking or loading areas.
(6) ADA compliance. Parking must adhere to Americans with Disabilities Act standards as applicable.
(7) Landscaping/screening in GCID. Parking areas in the General Commercial Industrial District must comply with the landscaped buffer and screening standards of § 155.034(E) and (F) of this chapter.
(8) Off-street parking requirements for uses not listed.
(a) Parking requirements for uses not listed in Table 6 shall be reasonably determined by the Zoning Administrator based on:
1. The most similar land use listed in Table 6; and
2. Published sources of parking information including, but not limited to:
a. Institute of Transportation Engineers Parking Generation Report; or
b. American Planning Association Planning Advisory Service.
(b) Any person who disputes a decision of the Zoning Administrator may request a review of that decision using the appeals procedure of § 155.077 of this chapter.
(C) Location of off-street parking. Required off-street parking spaces shall be within 400 feet of a main entrance of the use or building served, except for spaces serving a dwelling, which shall be within 150 feet of an entrance of the dwelling unit served.
(D) Access to off-street parking and loading areas. Properly graded and drained driveways shall be provided for safe access to off-street parking and loading areas, including the off-street parking for single family dwellings.
(1) No parking or loading area shall create a situation in which vehicles are required to back onto a public street. Parking areas for single family dwellings with access to local and collector streets are exempt from this requirement.
(2) Continuous curb cuts shall be prohibited. All access to public streets shall be via driveways that comply with these performance standards.
(3) Driveways accessing an arterial shall be at least 200 feet from any other point of access (other driveways or intersections). Driveways to roads intersecting an arterial shall be located at least 150 feet from the arterial or, where that distance cannot be attained, at the property line most distant from the arterial.
(E) Circulation in off-street parking areas. The pattern of circulation within parking areas shall be designed to provide safe and efficient access to individual parking spaces, protect pedestrians moving through the parking area and facilitate safe access to public streets.
(1) Minimum aisle widths shall be:
(a) For two-way circulation: 24 feet;
(b) For one-way circulation and 60-degree to 90-degree angle parking: 18 feet; and
(c) For one-way circulation and 45-degree angle parking: 15 feet.
(2) Where one-way circulation is used, directional signs shall be installed at all access points to the parking area.
(3) No parking area shall be designed so that circulation from one portion of the area to another relies on a public street.
(4) There shall be safe pedestrian access from building entrances to parking areas which may include striping or different colored or textured surfaces.
(F) Shared parking. Two or more uses may share parking where:
(1) The total number of spaces provided meets the minimum standards for the number of spaces required for all buildings or uses served; and
(2) A contract providing for shared parking for a period of at least 20 years is executed before approval of a permit and recorded before issuance of a certificate of occupancy.
(G) Exceptions.
(1) Reduction in shared off-street parking spaces. Up to a 30% reduction in the number of parking spaces required for shared off-street parking may occur under the following circumstances:
(a) When at least 50% of the parking spaces required by this section are for primarily “night-time” uses such as theaters, bowling alleys, bars and related uses, and the parking spaces to serve those uses are provided by “day-time” uses such as banks, offices, furniture stores, manufacturing, large-scale retail, wholesale and related uses;
(b) When at least 50% of the parking spaces required by this section for primarily “day-time” uses may be supplied primarily by parking for “night-time” uses;
(c) When at least 60% of the parking spaces required by this section for a religious institution, an auditorium incidental to a school, or a similar use, may be supplied by the off-street parking facilities provided by uses primarily of a “day-time” or complimentary nature;
(d) The joint parking facility shall be located within 400 of a main entrance of the use or building served, except for spaces serving a dwelling, which shall be within 150 feet of the main entrance of the dwelling unit served;
(e) The applicant for the joint use parking facility shall show there is no substantial conflict in the principal operating hours of the buildings or uses for which joint use of the off-street parking facilities is proposed; and
(f) A contract providing for shared parking for a period of at least 20 years is executed before approval of a permit and recorded before issuance of a certificate of compliance.
(2) Reduction for bicycle parking. Bicycle parking facilities (bike racks) may be substituted for no more than 5% of the total parking spaces required for non-residential land uses.
(3) Documented case studies. Case studies or other evidence from similar land uses and locations may be used to permit the reduction of the minimum parking space standards in Table 6 by up to 15%.
(H) Passenger loading areas. Day care centers, schools, group care facilities and places for public assembly located on arterial roads shall provide at least one safe, properly signed off-street passenger loading area.
(I) Freight loading areas. Commercial and industrial buildings and uses shall provide one safe, properly signed off-street freight loading area for each 10,000 square feet of gross floor and/or outdoor storage area. Off-street freight loading areas shall be on the same lot or parcel and under the same ownership as the building or use they serve, be designed to accommodate the largest vehicle that may reasonably be anticipated, and have the following minimum dimensions:
(1) Vertical clearance: 14 feet;
(2) Width: 12 feet;
(3) Depth or length: 35 feet; and
(4) No vehicle parked in an off-street freight loading area shall extend into a public right-of-way.
Table 6: Parking Requirements for Uses | |
Land Use | Minimum Number of Parking Spaces |
Table 6: Parking Requirements for Uses | |
Land Use | Minimum Number of Parking Spaces |
RESIDENTIAL | |
Dwellings | 2 per dwelling unit |
Mobile homes | |
Mobile home parks | |
Community residential facilities | 1 per 4 beds + 1 per employee on shift |
TRANSIENT LODGING | |
Bed and breakfasts | 1 per guest room + 2 for owner dwelling unit |
Hotels and motels | 1.25 per rental room |
Boarding and lodging houses fraternities and sororities | 1 per room |
PUBLIC PLACES, CIVIC, GATHERING AND MEDICAL USES | |
Religious institutions, libraries, fire and police stations and other public buildings and recreational facilities | 1 per 5 people (building capacity) |
Schools | 1.25 per classroom for schools with students only under 16 years of age; schools with students over 16 years of age must add 1 per 2 such students |
Hospitals and other medical services | 1 per 4 beds+ 1 per employee on shift during peak hours |
UTILITIES | |
Public utility buildings and electrical substations | 1 per employee on shift |
COMMERCIAL/INDUSTRIAL | |
Eating and drinking establishments | 10 per 1,000 square feet of customer seating area |
Breweries and wineries, sexually-oriented businesses and similar establishments | 1 per employee on shift + 8 per 1,000 square feet of customer seating area |
Theaters | 1 per 5 seats + 1 per employee on shift |
Professional offices, banks and financial institutions, large item stores, such as furniture, appliance and carpet stores, auto accessory stores, hair salons, barber shops and other similar personal care establishments | 3 per 1,000 square feet of gross floor area |
General retail stores, clothing and department stores, hardware stores, repair service for small appliances, watches, clocks and similar items, school and art supply stores, gift shops, jewelry stores, leather goods and luggage stores, newspaper, magazine and tobacco stores, candy and ice cream stores, ticket sales agencies, veterans’ organizations, veterinary clinics, laundromats | 4 per 1,000 square feet of gross floor area |
Convenience stores and gas stations | 5 per 1,000 square feet of gross floor area |
Storage facilities | 1 per 10 storage units |
Automotive and boat sales and sales areas, parts sales and automotive service establishments | 2 per 1,000 square feet of gross floor area + 1 per each vehicle (inventory) |
Automotive vehicle sales areas only | 1 per vehicle (inventory) |
Building and plumbing contractor establishments | 1 per employee |
Building materials sales | 2 per 1,000 square feet of gross floor area + 1 per each employee on shift |
Data processing service activities, dry cleaning plants and large-scale laundry services, enclosed warehouses, outdoor advertising businesses, paint shops, vehicle repair garages, and other commercial uses with infrequent customer visits | 1 per employee on shift |
Industrial and manufacturing uses with infrequent customer visits | 1 per employee on shift |
(Ord. 329, passed 1-11-2016)
A CLEAR VISION TRIANGLE is defined as a triangular area formed on a corner lot by a line connecting the following two points: the two points on the centerlines of two streets that are 70 feet distant from the point of intersection of the centerlines of the two streets along the corner lot. The clear vision triangle is an area in which fences, hedges, walls, shrubs or structures over 36 inches in height above an established top of curb grade are prohibited, except as provided by these regulations.
(Ord. 329, passed 1-11-2016)
ADMINISTRATION AND ENFORCEMENT
This section establishes the requirements for permits for all land development and building activity in the town and establishes procedures for the administration of these zoning regulations.
(A) Permits required.
(1) A permit shall be required for any clearing, grading, excavation, construction, reconstruction, non-minor change of occupancy or use, land development, re-development, building activity or fence construction, except as specifically exempted by these regulations or per division (B) below.
(2) These regulations include the following five kinds of permits, the procedures for administration of which are found in division (F) below.
(d) A change of use permit is required when a non-minor change in occupancy or use occurs in a building or on a premises.
(e) A certificate of occupancy is required when a new building is completed and is intended to be occupied for use.
(B) Exemptions. The activities listed here are not exempt from any applicable requirement of these regulations, except the requirement for a permit. No permit shall be required for:
(1) Clearing, grading or excavation for the installation or maintenance of landscaping and gardens;
(2) Repair or remodeling that does not alter the exterior dimensions of the building by more than six inches (note that fire or building codes may require a permit for such activities);
(3) Construction or installation of small accessory buildings that are less than ten feet in height with a projected roof area of less than 120 square feet that are not used for habitation; provided, the buildings meet all specification standards of these regulations;
(4) Minor changes of occupancy, as defined by § 155.007 of this chapter;
(5) Construction of public streets and other municipal infrastructure, and subdivision improvements as allowed and/or required by a subdivision approval issued by the Town Council;
(6) Minor utility installations; and
(7) Installation of shipping containers and/or storage containers (for example, Conex containers) is allowable as an accessory use without a permit. Such containers must be located within the required setbacks, must have no signage or writing and must be kept in good repair with no peeling or rust.
(C) Application forms and fees.
(1) Applications for permits shall be submitted on forms provided by the town. All applications shall include a site plan, and all other maps, plans, drawings, tabulations, calculations and text needed to demonstrate compliance with these regulations. The Zoning Administrator may require submission of multiple copies of application forms and supporting materials, as well as a copy of all documents to be submitted electronically in PDF or similar format.
(2) Application fees for each type of permit and the other procedures established by these regulations shall be set by the Town Council.
(3) No incomplete or insufficient application will be accepted for review and acted upon by the appropriate decision-making body (e.g., Zoning Administrator, Board of Adjustment).
(D) Contents of applications. Applications and site plans shall include information necessary to demonstrate compliance with these regulations. Each permit application lists specific information that is pertinent to that request. All pertinent information shall be submitted by the applicant. Sight plans shall be to scale and depict the following, as applicable:
(1) Property boundaries/lot lines;
(2) Geographic features such as slopes, water features, trees and other vegetation;
(3) Onsite and adjacent offsite streets, roads, alleys and easements;
(4) Existing and proposed wells, septic tanks and drainfields (if applicable);
(5) Existing and proposed utilities and municipal facilities, such as water lines and sewer lines;
(6) Existing and proposed buildings with dimensions, including all above grade projections and lot coverage; and
(7) For any application that involves buildings for lease or rent, the applicant shall submit an assessment of potential significant impacts on the surrounding physical environment and human population in the area to be affected, including any proposed measures, if any, to avoid or minimize potential significant impacts identified.
(E) Site inspection. The filing of an application for a permit constitutes permission for the Zoning Administrator and appropriate personnel to conduct inspections of the site during their consideration of the application, and to subsequently monitor compliance with any conditions of approval during the life of the permit.
(F) Procedures for zoning conformance, fence and change of use permits and certificates of occupancy.
(1) Purpose. The purpose of this permit procedure is to ensure that routine building and land use activities comply with these regulations.
(2) Procedures. The following is the typical procedure for an applicant to apply for and receive a zoning conformance permit.
(a) The applicant shall submit a properly completed application form, a site plan, any supporting materials necessary to demonstrate compliance with these regulations and the required application fee at the Town Hall.
(b) The Town Clerk shall process the application and cause the application to be received by the Zoning Administrator.
(c) After the Zoning Administrator receives the application, the Zoning Administrator shall determine whether the application is complete and sufficient for review. If an application is determined incomplete or insufficient, the Zoning Administrator shall provide written notice to the applicant indicating what information must be submitted for the review to proceed.
(d) The Zoning Administrator shall determine whether the proposed activity is in compliance with these regulations. If it complies, the application shall be approved and a permit shall be issued at that time. If the proposed development fails to comply, the application for a permit shall be denied. Conditions may be attached to the permit to direct the applicant and agents to requirements of these and other regulations.
(e) Zoning conformance, fence and change of use permits and certificates of occupancy are valid for one year. During the approval period, all construction must be completed and compliance with the permit demonstrated. However, at the end of the approval period the Zoning Administrator may, at the request of the applicant, extend its approval for up to one additional year. The purpose of these timeframes is to ensure construction activities are not in an active state for an unreasonable amount of time posing threats to public health, safety and welfare.
(f) After a permit is issued and prior to permit expiration, the applicant shall notify the Zoning Administrator and demonstrate that development conforms to these regulations and any conditions of approval. The Zoning Administrator shall visit the site to check for conformance and, if verified, issue a certificate of occupancy. If the development is determined not to be in conformance, the Zoning Administrator shall notify the applicant of the deficiencies. The applicant must demonstrate conformance within the original or extended approval period, reapply for a permit, or appeal the Zoning Administrator’s decision under § 155.077 of this chapter. If voluntary compliance is not achieved a notice of violation may be issued under § 155.081 of this chapter.
(3) Appeal. Any action or decision by the Zoning Administrator may be appealed to the Board of Adjustment using the appeals procedure of § 155.077 of this chapter.
(Ord. 329, passed 1-11-2016; Ord. 356, passed 8-9-2023)
(A) For purposes of this section, an AGENCY means a board, bureau, commission, department, an authority or other entity of state or local government.
(B) Whenever an agency proposes to use public land contrary to these zoning regulations, a public hearing shall be held.
(1) If an agency proposes to use public land contrary to these zoning regulations, the agency shall first notify the Board of Adjustment, through the town office, of its intent to develop land contrary to these zoning regulations.
(2) The Zoning Administrator or Town Clerk shall give notice of the public hearing in accordance with § 155.080 of this chapter.
(3) The Board of Adjustment shall hold a public hearing within 30 days of the date the agency gives notice to the Board of Adjustment of its intent to develop land contrary to these zoning regulations.
(4) The Board of Adjustment shall have no power to deny the proposed use, but shall act only to allow a public forum for comment on the proposed use.
(Ord. 329, passed 1-11-2016)
Except as may be allowed by variance, the following apply to lawful non-conforming uses and structures existing at the time of the adoption of this chapter and/or effectiveness of a provision of these regulations.
(A) The non-conforming use of a building or premises may be continued, but the degree of non- conformity shall not be expanded.
(B) There shall be no limit on the maintenance and repairs of non-conforming uses or buildings; provided, all such activities comply with applicable fire and building codes and the degree of non- conformity is not expanded.
(C) No building which has been damaged by fire or other catastrophic events to the extent of more than 50% of its original value shall be repaired or rebuilt, except in conformity with these regulations.
(D) A non-conforming use may be changed to an equal use upon approval of the Zoning Administrator.
(E) Any non-conforming use abandoned for more than 18 months shall be terminated. Abandonment shall not be measured by the owner’s intent, but solely by the fact that use ceases for a period of 18 or more months.
(F) Temporary non-conforming uses or structures shall not be made permanent without full compliance with these regulations. For example, a building of a temporary character or low-grade construction in a location that does not comply with a setback requirement may not be enhanced with permanent construction features that would make it a permanent structure.
(G) Notwithstanding the other provisions for non-conforming uses outlined by this section, mobile homes in mobile home parks that do not conform to the minimum spacing requirements of § 155.032(D)(3) of this chapter, the foundation requirements of § 155.032(D)(8) of this chapter and the anchoring requirements of § 155.032(D)(6) of this chapter, are not recognized by the Town Council as lawful non-conforming uses due to public health and safety issues associated with mobile homes not achieving separation requirements for safety standards, compliance with building and fire codes and to ensure mobile homes are secured properly against forces exerted by wind in severe weather events. All non-conforming uses shall be brought into full compliance with the sections set forth above within six months of the effective date of these regulations. Up to one six-month extension may be granted by the Town Council under extraordinary circumstances at the written request of the landowner or mobile home owner. The written request shall be submitted to the town prior to the six-month deadline along with a proposal to achieve compliance in a timely manner. To achieve compliance with these requirements, within 30 days of the effective date of this chapter, the Zoning Administrator shall notify the owners of property known to be out of compliance with the sections set forth above and request voluntary compliance within the six-month period. If a mobile home does not comply with the sections set forth above within the six-month time period or within an extension period, the enforcement procedures outlined by § 155.081(C) of this chapter shall be initiated.
(Ord. 329, passed 1-11-2016)
(A) The Board of Adjustment is established to act on conditional uses (special exceptions), variances and appeals of the Zoning Administrator decisions and actions.
(B) The Board of Adjustment consists of five members appointed by the mayor for a three-year term, and subject to the confirmation by the Town Council. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Board members serve without compensation. A Board member is removable only for cause by the Town Council upon written charges and after public hearing.
(C) The Board shall appoint one of its members as Chairperson and will set its operating rules in accordance with M.C.A. §§ 76-2-321 through 76-2-328.
(D) All official files of the Board of Adjustment shall be held in the offices at Town Hall.
(E) Meetings of the Board must be held at the call of the Chairperson and at other times that the Board may determine.
(F) The Chairperson or, in the Chairperson’s absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.
(G) The concurring vote of four members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator; to decide in favor of the applicant on any matter upon which the Board of Adjustment is required to pass under these regulations; or to effect any variation in these regulations.
(H) All meetings of the Board of Adjustment shall be open to the public.
(I) The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the offices at Town Hall and shall be a public record.
(Ord. 329, passed 1-11-2016)
(A) Purpose. Conditional uses require public review of activities that may have a significant impact on the landscape setting, public facilities or neighboring land uses. Conditional uses are special exceptions that may be compatible with the permitted uses in a zoning district, but require individual review of their location, scale, design and configuration, and may include the imposition of special conditions or mitigations in order to ensure the appropriateness of the use at a particular location within a given zoning district.
(B) Procedure. The following is the typical procedure for an applicant to apply for and receive a conditional use permit.
(1) The applicant shall submit a properly completed conditional use permit application form, a site plan, any supporting materials necessary to demonstrate compliance with these regulations and the required application fee at the Town Hall.
(2) The Town Clerk shall process the application and cause the application to be received by the Zoning Administrator.
(3) The Zoning Administrator shall determine whether the application is complete and sufficient for review. When an application is determined incomplete or insufficient, the Zoning Administrator shall provide written notice to the applicant indicating what information must be submitted for the review to proceed.
(4) After determining a conditional use permit application is complete and sufficient, the Zoning Administrator shall place a public hearing on the proposed conditional use on the agenda of the next Board of Adjustment meeting for which the notice requirements of these regulations can be met (§ 155.080 of this chapter), and at which time will allow for its proper consideration.
(5) The Zoning Administrator or Town Clerk shall give notice of the public hearing in accordance with § 155.080 of this chapter.
(6) The Zoning Administrator shall prepare, or contract for preparation of, a report that describes the proposed conditional use, its site, its context, and its compliance, or failure to comply, with the applicable requirements of these regulations. In preparation of the report, the Zoning Administrator may seek input from the police, fire, parks, sewer and water, streets, solid waste and other departments as well as other agency and service providers, including the state’s Department of Transportation, the local school district, utility service providers, the state’s Department of Environmental Quality and others. In the report the Zoning Administrator shall propose findings of fact and a recommendation of approval, approval with conditions or denial of the proposal for the Board of Adjustment’s consideration.
(7) (a) The Board of Adjustment shall conduct a hearing on the proposed conditional use. At that hearing, the Board of Adjustment shall review the particular facts and circumstances of the proposed conditional use and adopt findings of fact in support of its decision.
(b) If the Board finds the application complies with the evaluation criteria in division (C) below, it shall approve the application. If the Board finds the application fails to comply, it shall deny the application.
(8) Conditions may be attached to approval of any conditional use permit as provided in division (D) below; provided, the Board of Adjustment specifically identifies the basis for each condition.
(9) Consideration of a conditional use permit application may be tabled for no more than 35 calendar days.
(10) Within 15 working days after a decision on the conditional use permit application is made, the Zoning Administrator, working on behalf of the Board of Adjustment, shall notify the applicant of the decision and any conditions attached to the approval.
(11) If all conditions required by the Board of Adjustment are met at the time the Board of Adjustment’s approval is issued by the Zoning Administrator, the conditional use permit shall be issued at that time.
(12) Upon the applicant demonstrating compliance with any conditions required by the Board of Adjustment to the Zoning Administrator, the conditional use permit will be issued by the Zoning Administrator within 15 working days.
(13) Approval of a conditional use by the Board of Adjustment does not require the Zoning Administrator to permit any activity that is found to not comply with other applicable requirements.
(C) Evaluation criteria. The Board of Adjustment, after weighing and evaluating the proposed use in light of the criteria set forth below, shall grant a conditional use permit if the application, supplemental information, public hearing and other evidence demonstrate that:
(1) The proposed use complies with the applicable standards and the requirements of the zoning district in which the project is proposed;
(2) The proposed use, including mitigation measures, shall have no more adverse effects on the health, safety or welfare of persons living or working in the neighborhood, or shall be no more injurious to property or improvements in the neighborhood than would any other permitted or conditional uses in the same district. In making such determination, consideration shall be given to the location, type, height, scale, layout and the type and extent of landscaping and screening on the site, as well as measures proposed by the applicant to minimize impacts to neighborhood;
(3) Adequate facilities and services are, or will be, through the application of these regulations and the adoption of conditions, made available to serve the proposed use including police, fire, parks, sewer, water, streets, motorized and non-motorized transportation, drainage, solid waste, schools and other facilities and services as appropriate;
(4) Adequate measures shall be taken as necessary to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads; and
(5) No use shall be constructed or operated so as to cause excessive noise, vibrations, smoke, dust or other particulate matter, toxic or noxious matter, humidity, heat or glare into a residential district. EXCESSIVE is defined for these purposes as a degree that could be observed by the Zoning Administrator to be injurious to the public health, safety or welfare.
(D) Conditions. Conditions may be imposed upon the approval of any conditional use permit, if:
(1) They are clearly designed to ensure compliance with one or more specific requirement of these or other adopted regulations the town has the ability to enforce;
(2) They are clearly designed to ensure the applicant complies with other laws or regulations;
(3) They are directly related to the anticipated impacts of the proposed use;
(4) They are roughly proportional to the anticipated impacts of the proposed use;
(5) The applicant offers to take specific actions in relation to the proposal that can be ensured through the implementation of a condition; or
(6) Conditions are deemed necessary to protect the public health, safety and general welfare.
(E) Approval period. Conditional use permits are typically valid for three years from the date of approval by the Board of Adjustment, during which time all construction must be completed and compliance with the permit demonstrated. After this time, the use must remain in compliance with the Board of Adjustment approval and these regulations. However:
(1) A conditional use permit may be granted with a shorter approval period as deemed appropriate by the Board of Adjustment with a justifiable reason related to protecting public health and safety or to ensure compliance with these regulations or other applicable regulations or laws; and
(2) (a) At the end of the approval period the Board of Adjustment may, at the request of the applicant, extend its approval for a mutually agreed-upon period of time. Any mutually agreed-upon extension must be in writing, dated and signed by at least three members of the Board of Adjustment and the applicant. The Board of Adjustment may issue more than one extension.
(b) For a permit to be extended, the applicant may be required to submit substantiating evidence justifying the request and showing good cause for extending the permit period.
(Ord. 329, passed 1-11-2016)
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