(A) The purpose of a zoning permit is to determine compliance with the provisions of this title.
(B) No owner shall use or permit the use of any land, structure or building, or part thereof, hereafter created, erected, moved, changed, converted or enlarged wholly or partly, until a zoning permit has been issued by the planning staff; provided, however, that, no zoning permit shall be required for the growing of field, garden or tree crops, except when a use permit is also required.
It is the duty of the planning staff to issue a zoning permit after discretionary or ministerial review, provided the staff is satisfied that the structure, building or premises and proposed use thereof conform with all the requirements of this title, including compliance with all objective standards that apply, and that all other reviews and actions, if any, called for in this title have been complied with and all necessary approvals secured. The planning staff may impose reasonable conditions of approval, provided those conditions of approval are objective and broadly applicable to development and land uses within the town.
In any case where a zoning permit has not been used within six months after the date of granting thereof, then without further action the permit granted shall be null and void.
In addition to the zoning permit required by § 17.024.010 of this chapter, a conditional use permit shall be required for all uses listed as conditional uses in the individual zone regulations and for any other use or purpose set forth herein.
No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure in the town, or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the building official.
The Planning Commission may revoke or modify any zoning permit, conditional use permit or other permit, approval, or entitlement on any one or more of the grounds named in this section, after a hearing held and conducted as provided in Chapter 17.032.
(A) The Planning Director has the authority to approve minor modifications to approved plans without notice or a public hearing if they are consistent with the original findings and conditions of approval and do not involve an increase in the number of dwelling units or the floor area for a non-residential use, a change that would affect compliance with an objective zoning standard or objective design standard, or a change that would negatively impact infrastructure or utilities or burden circulation adjacent to the project site.
(B) The Planning Director, at his or her discretion, may refer a request for approval of a minor modification that may generate substantial public interest to the Planning Commission rather than acting on it himself or herself.
The grounds for revocation shall be any of the following:
(A) Approval was obtained by means of fraud or misrepresentation of a material fact;
(B) The permittee or holder of the permit has failed to undertake the use in question for an unreasonable period of time;
(C) The use in question has ceased to exist or has been suspended for six months or more;
(D)
The use, building, or structure has been substantially expanded beyond what was set forth in the original permit, thereby causing substantial adverse impacts on the surrounding neighborhood;
(E) There is or has been a violation of, or failure to observe or comply with, any applicable objective zoning standards or objective design standards, the terms or conditions of the permit, the terms or conditions of any applicable density bonus agreement or agreement for continued affordability for affordable housing, or the use has been conducted in violation of the provisions of this title, law or regulation; and
(F) The use to which the permit applies has been conducted in a manner detrimental to the public health, safety or welfare or so as to be a nuisance.
The grounds for modification shall be any of the following:
(A) The grounds which would otherwise justify a revocation of the permit can be corrected or cured by a modification imposing new or additional conditions;
(B) Improvement of methods or technological advances permit conduct of the use with adequate safeguards under the proposed modification; and/or
(C)
One or more of the original conditions of the permit or variance is unworkable, impractical or otherwise fails to accomplish the original aims and ensure compliance with the standards and regulations of this title.
§ 17.024.110 INITIATION OF PROCEEDINGS AND HEARINGS.
Proceedings for the revocation or modification may be initiated, and shall be set for hearing, noticed, heard and determined in substantially the same manner as provided in Chapter 17.032 of this title. A request for a minor modification may be acted on by the Planning Director without notice or a public hearing.
All decisions of the Planning Commission in proceedings for the revocation or modification may be appealed and reviewed in substantially the same manner as provided for in Chapter 17.036 of this title.
(A) The purpose of a zoning permit is to determine compliance with the provisions of this title.
(B) No owner shall use or permit the use of any land, structure or building, or part thereof, hereafter created, erected, moved, changed, converted or enlarged wholly or partly, until a zoning permit has been issued by the planning staff; provided, however, that, no zoning permit shall be required for the growing of field, garden or tree crops, except when a use permit is also required.
It is the duty of the planning staff to issue a zoning permit after discretionary or ministerial review, provided the staff is satisfied that the structure, building or premises and proposed use thereof conform with all the requirements of this title, including compliance with all objective standards that apply, and that all other reviews and actions, if any, called for in this title have been complied with and all necessary approvals secured. The planning staff may impose reasonable conditions of approval, provided those conditions of approval are objective and broadly applicable to development and land uses within the town.
In any case where a zoning permit has not been used within six months after the date of granting thereof, then without further action the permit granted shall be null and void.
In addition to the zoning permit required by § 17.024.010 of this chapter, a conditional use permit shall be required for all uses listed as conditional uses in the individual zone regulations and for any other use or purpose set forth herein.
No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure in the town, or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the building official.
The Planning Commission may revoke or modify any zoning permit, conditional use permit or other permit, approval, or entitlement on any one or more of the grounds named in this section, after a hearing held and conducted as provided in Chapter 17.032.
(A) The Planning Director has the authority to approve minor modifications to approved plans without notice or a public hearing if they are consistent with the original findings and conditions of approval and do not involve an increase in the number of dwelling units or the floor area for a non-residential use, a change that would affect compliance with an objective zoning standard or objective design standard, or a change that would negatively impact infrastructure or utilities or burden circulation adjacent to the project site.
(B) The Planning Director, at his or her discretion, may refer a request for approval of a minor modification that may generate substantial public interest to the Planning Commission rather than acting on it himself or herself.
The grounds for revocation shall be any of the following:
(A) Approval was obtained by means of fraud or misrepresentation of a material fact;
(B) The permittee or holder of the permit has failed to undertake the use in question for an unreasonable period of time;
(C) The use in question has ceased to exist or has been suspended for six months or more;
(D)
The use, building, or structure has been substantially expanded beyond what was set forth in the original permit, thereby causing substantial adverse impacts on the surrounding neighborhood;
(E) There is or has been a violation of, or failure to observe or comply with, any applicable objective zoning standards or objective design standards, the terms or conditions of the permit, the terms or conditions of any applicable density bonus agreement or agreement for continued affordability for affordable housing, or the use has been conducted in violation of the provisions of this title, law or regulation; and
(F) The use to which the permit applies has been conducted in a manner detrimental to the public health, safety or welfare or so as to be a nuisance.
The grounds for modification shall be any of the following:
(A) The grounds which would otherwise justify a revocation of the permit can be corrected or cured by a modification imposing new or additional conditions;
(B) Improvement of methods or technological advances permit conduct of the use with adequate safeguards under the proposed modification; and/or
(C)
One or more of the original conditions of the permit or variance is unworkable, impractical or otherwise fails to accomplish the original aims and ensure compliance with the standards and regulations of this title.
§ 17.024.110 INITIATION OF PROCEEDINGS AND HEARINGS.
Proceedings for the revocation or modification may be initiated, and shall be set for hearing, noticed, heard and determined in substantially the same manner as provided in Chapter 17.032 of this title. A request for a minor modification may be acted on by the Planning Director without notice or a public hearing.
All decisions of the Planning Commission in proceedings for the revocation or modification may be appealed and reviewed in substantially the same manner as provided for in Chapter 17.036 of this title.