Basin City Zoning Code

A nonconforming use of land or structure shall in no way be expanded, enlarged or extended either on the same property or onto an adjoining lot of record if it will increase the area of nonconformity or create another nonconformity on the parcel.

Prohibited expansion, enlargement or extension shall include anything that increases the intensity of the use, including, but not limited to, a change to a more intense nonconforming use or a physical expansion of the existing use that increases the height, volume and/or area dimensions of the nonconforming use.

Nonconforming principal and accessory structures may be expanded or enlarged upon issuance of the appropriate permits provided that the use of the property conforms to zoning district regulations, that the expansion or enlargements meets current zoning district regulations and all applicable statutes and rules are complied with, and no other nonconformities are created. Such expansion or enlargement of a nonconforming principal or accessory structure may be approved along with a development plan in conjunction with a building or land use permit application provided the area of the new improvements does not add to the existing nonconformity nor does it create another nonconformity. All additions or alterations which expand or enlarge the total existing structure area on the parcel which cannot meet all other current zoning district regulations may only be authorized by a variance.

Routine maintenance of a structure containing or relating to a lawful nonconforming use is allowed, including any necessary nonstructural repairs and incidental alterations that do not extend or intensify the nonconforming use. Nothing in this section will prevent the placing of a structure into a safe condition after it has been declared unsafe by a building official.

Alterations may be made to a building containing nonconforming residential units when the alterations will improve the livability of such units, provided that such alterations do not increase the number of dwelling units in the building. Such alterations must be reviewed and recommended by the planning commission and with approval of the town council.

Whenever a nonconforming structure or use is damaged by fire, collapse, flood, explosion, earthquake, war, riot, act of God or public enemy, or to the extent of 50% or less of its estimated assessed value as indicated in the records of the county assessor at the time of damage, it may be reconstructed. The nonconforming structure or use shall not be allowed to be reconstructed if the damage is greater than 50% of its estimated assessed value as indicated in the records of the county assessor at the time of damage and no building permit has been applied for within 180 days of when the property was damaged.

When any lawful nonconforming use of any structure or land is replaced by another use or structure, the new use or structure must conform to the provisions of this title and it shall not thereafter be changed to any nonconforming use or structure.

If the nonconforming use of land is discontinued for a period of 12 months, the subsequent use of the land or the structure shall be in the conformity with the provisions of this title.

Nonconforming uses or structures that are declared by the town council to be public health and/or safety nuisances shall not be allowed to continue as legal nonconforming uses or structures.

No repair, replacement, maintenance, improvement or expansion of a nonconforming use or structure in a flood plain area shall be allowed if such activity would jeopardize the property's continued eligibility in the National Flood Insurance Program, would increase flood damage potential, or would increase the degree of obstruction to flood flows in the floodway.

Mobile and manufactured homes that are older than 20 years will not be permitted anywhere within the Town of Basin. Any mobile and manufactured home older than 10 years of age may be inspected by a professional inspector retained by the town to ensure that it is habitable and structurally sound prior to being permitted within the town. Existing mobile/manufactured homes that are older shall be considered as grandfathered as of the effective date of this title and will be allowed unless or until they are considered a health and safety nuisance/problem. At such time that a mobile/manufactured home is removed from the property, the property can no longer be occupied by a mobile/manufactured home unless it is of the appropriate age and if otherwise allowed within the area. Any and all mobile or manufactured homes located within the Town of Basin must have an affixed manufacturer's certification as outlined in the Code of Federal Regulations Title 24, Section 3280.11.

All mobile/manufactured home parks shall conform to subdivision standards per Title 10 (Subdivision Code) and applicable state standards. No compliance permit shall be issued prior to DEQ approval of the plans and specifications.

Application: Application for variance shall be made, in writing, to the Basin planning commission at least 10 working days before a regular planning commission meeting. The application shall explain precisely from which standard a variance is sought and the reasons a variance is needed. The non-refundable fee must be paid prior to the application being considered.

Standards: No variance from the strict application of any provision of this title may be granted unless:

Action: The planning commission shall review each application for a variance and shall within 60 days:

Approval by Town Council: The town council shall, at the first regular meeting following any recommendation from the planning commission, approve, disapprove, or request further information of any actions taken by the planning commission, with the exception that the planning commission may call for public comment without approval of the town council.

Public Comment: In the event that public comment is called, the applicant shall pay for notice fees and the town shall publish notice of said hearing at least twice in the town's official newspaper. The notice shall contain the location of the proposed variance and a description of it.

Action After Hearing: After a public hearing on an application for a variance the planning commission shall within 30 days:

Stipulations: The governing body may impose stipulations in the granting of variances. A stipulation must be directly related to and must bear a rough proportionality to the impact created by the variance.

The planning commission and town council must make an affirmative finding on three of the 3/5 criteria listed in Section 11-4-5(B)(3)(a) in order to grant a variance. The applicant for a variance has the burden of proof to show that the majority of the criteria listed above have been satisfied. A variance shall not be granted for a use that is not allowed under the terms of this Code.

The written report to be included with any action by the town council shall outline the reasons for approval or denial.

Application: Application for a zone change shall be made, in writing, to the planning commission at least 10 working days in advance of a regular planning commission meeting. The application shall contain an accurate description of the area for which the change is requested and a description of the proposed use if the change is granted. A non-refundable fee shall be paid prior to any consideration of the zone change.

Initial Consideration: At its initial consideration of the application for a zone change, the planning commission shall set a date for a hearing on the zone change.

Notice: A hearing on a zone change shall be preceded by at least 20 days notice in the town's official newspaper and by notice to all adjacent landowners by certified mail. Notice shall be at the expense of the applicant.

Action: After the hearing on the proposed zone change, the planning commission shall within 60 days:

Hearing by Town Council: Upon receiving a certification or recommendation concerning a zone change, the town council shall set the date for a public hearing on the proposed zone changes. Such a hearing shall be preceded by at least 15 days' notice in the town's official newspaper.

Action by Town Council: After holding its hearing on a proposed zone change, the town council shall within 32 days:

Exceptions to Majority Vote Rule: Where the owners of 20% or more of the adjacent lots file a written protest to the change, at least 75% of the members of the Town Council must vote in favor of the change to secure its adoption.

Official Zoning Map: Upon town council final acceptance of a zoning change, the town clerk shall cause the change to be shown on the official zoning map, with said change to be endorsed with the signature of the mayor.

Other Amendments: All other amendments to the zoning ordinance, including any amendment to the text of the ordinance, comprehensive revision of the ordinance, and comprehensive revision of the zoning map, shall be processed in accordance with requirements of subsections A through H of this section except that the notice to all adjacent landowners of subsection C is not required.