Chapter 17-6 was inserted into the town code by Ordinance 2015.021 and was subsequently repealed and replaced in its entirety by Ordinance 2021.010
Sections:
17-6-1 Nonconforming structures and land uses
17-6-2 Relationships to streets, other structures, and other property
17-6-3 Sewage sludge restriction
17-6-4 Irrigation lines and ditches
17-6-5 Nuisance uses prohibited
17-6-6 Specifications for the installation of fiber optics
17-6-7 Animal-keeping
17-6-8 Medical marijuana dispensary
17-6-9 Shipping containers
17-6-10 Height of buildings and structures
17-6-11 Solar energy systems and energy storage facilities
17-6-12 Transitional housing
17-6-13 Data centers
17-6-14 Accessory dwelling units
A. Continued use.
1. The owners of land and structures shall not be deprived of the use of any property for the purpose to which it was lawfully devoted at the time of the enactment of this code because of any provision of this code.
2. Nonconforming buildings or structures or land uses may be continued to the same extent and character as that which legally existed on the effective date of this code and any regulations derived from it.
3. Repairs may be made to a nonconforming building or structure or to an existing building or structure housing a nonconforming use.
B. Limitations on enlargement. Any nonconforming but otherwise legal use within a building may be expanded within the same building in which said use is located, provided that:
1. No substantial modifications are made in the building; or
2. The increase or expansion is required to comply with an order to improve issued by a health or safety official.
C. Restoration of damaged buildings. A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, or other calamity or act of nature may be restored, and the building or structure or use of such building, structure, or part thereof may be continued or resumed provided that such restoration is started within a period of one year from the date of destruction or damage and is diligently prosecuted to completion. Such restoration shall not increase the floor space devoted to the nonconforming use over that which existed when the building became nonconforming, and such exemption from conforming to this code shall only be to the extent that the building did not conform in the past.
D. Discontinuance or abandonment. A nonconforming building or structure or portion thereof, or a lot or parcel occupied by a nonconforming land use, which is or which hereafter becomes abandoned or which is removed from use for a continuous period of one year or more shall not thereafter be occupied except by a use which conforms to the regulations of the zone in which it is located.
E. Change to a conforming use. Any nonconforming building or structure or land use that has been changed to a conforming building or structure or land use shall not thereafter be changed back to a nonconforming building, structure, or land use.
F. Change to another nonconforming use. A nonconforming use of a building or structure shall not be changed to another nonconforming use. Changes in use shall be permitted only to a conforming use.
A. Clear view of intersecting streets. On all lots or parcels of land on which a front setback is required, no obstruction that will obscure the view of motor vehicle drivers shall be placed within the triangular area formed by the intersecting street property lines and a line connecting them at points of 45 feet from the intersection of said street property lines, except that trees may be permitted within said triangular area provided that those trees are placed in the street planter strip and the limbs are pruned to at least six feet above the grade level of the adjacent street.
B. Effect of street plan. The front or side setback of a building or structure to be constructed on a lot abutting a street designated in the general plan or in a specific plan shall be measured from the planned right-of-way line of the street and not from the existing property line.
C. Drainage. Surface water shall not be allowed to drain from any lot onto any adjacent lot, parcel, or easement, except upon written agreement with the owner of the adjacent lot, parcel, or easement.
The application of sewage sludge to the surface or within eight inches of the surface of any land within one quarter mile of any human residence shall be prohibited, except where written permission to do so has been obtained from the owner of said residence and filed with the town clerk.
Before a permit can be issued for development of parcels or lots with an irrigation channel either within the parcel or lot or adjacent thereto within perimeter easements or the nearest half of a street or alley right-of-way, such irrigation facilities shall be undergrounded in accordance with a plan and schedule acceptable and agreed upon by the town engineer, the property owner, and the owner of the irrigation facilities.
Loading...