Fairfield City Zoning Code

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY BUILDING/ACCESSORY STRUCTURE. A building or structure that is clearly incidental to, and located on the same lot as, a principal or main building. It is subordinate in use, area and extent and contributes to the comfort, convenience or necessity of occupants of the principal building. Shipping containers, trailers and similar movable objects shall not be considered ACCESSORY STRUCTURES.

   AGRICULTURAL BUILDING. A structure used solely for agricultural purposes, including sheltering animals or storing crops and equipment. It is not used for human habitation or commercial purposes unless otherwise permitted.

   ANIMAL RIGHTS. The legal entitlement to keep and raise animals on a parcel, subject to zoning, health and nuisance regulations, and in accordance with agricultural use protections.

   BUILDABLE AREA. The portion of a lot remaining after required setbacks, easements and other constraints have been subtracted, and which is suitable for the placement of structures.

   BUILDING PERMIT. Written permission issued by the town authorizing the construction, alteration or demolition of a structure in compliance with adopted codes.

   DEVELOPMENT REVIEW COMMITTEE (DRC). A body appointed by the Mayor and Town Council for interdepartmental review of land use applications, whose purpose is to evaluate compliance with the general plan and land use ordinances.

   FENCE-IN COMMUNITY. A land use policy under which livestock and other animals must be confined by the property owner. Adjacent landowners are not required to “fence out” animals from entering their property.

   FLOOD CHANNEL. A natural or engineered watercourse subject to periodic flooding, including gullies, washes, streams and drainageways as defined by FEMA or other applicable regulatory bodies.

   FRONTAGE. The length of a lot boundary that directly abuts a public or approved private street and from which vehicular and pedestrian access is gained.

   HABITABLE STRUCTURE. Any structure used or intended for human occupancy, including dwellings and residences, but not including agricultural buildings, sheds or storage units.

   MANUFACTURED HOME.

      (1)   A dwelling unit constructed on or after June 15, 1976, in accordance with the HUD Manufactured Home Construction and Safety Standards and bearing a HUD certification label.

      (2)     MANUFACTURED HOMES must be placed on a permanent foundation and comply with all zoning and code requirements.

   MOBILE HOME. A factory-built dwelling manufactured prior to June 15, 1976, not built to HUD standards. MOBILE HOMES are prohibited for use as dwellings in the town.

   NONCOMPLYING STRUCTURE. A structure that legally existed before its current zoning designation but does not conform to the current zoning requirements due to changes in code.

   NONCONFORMING USE. A land use that lawfully existed before a zoning ordinance was enacted or amended, but which does not conform to the use regulations of the current zone.

   PLOT PLAN. A scaled drawing showing the layout of a lot, including the location of existing or proposed structures, property lines, setbacks, roads and easements.

   RECREATIONAL VEHICLE (RV). A motorized or towable vehicle used for temporary living accommodations. RECREATIONAL VEHICLES are not permitted as permanent dwellings within the town unless used in accordance with temporary use regulations.

   STRUCTURE. Anything constructed or erected that requires location on the ground or attachment to something on the ground, including buildings, sheds, decks, fences and similar improvements.

   TEMPORARY DWELLING. A non-permanent structure or RV used for living purposes during active construction or emergency conditions, as allowed under § 151.28.

(Prior Code, § 10.7.05)

   The intent of this subchapter is to accumulate, under one heading, regulations which apply to two or more zones rather than to repeat them several times. It is not the intent of this section to specify uses allowed within a zone but to set forth supplementary and qualifying conditions which must be complied with in connection with such uses. Each zone may have additional conditions listed. Where two conflicting conditions exist, the more restrictive shall apply.

(Prior Code, § 10.7.10)

   (A)   Amendment petitions. This chapter and/or its provisions, including the official zoning map, may be petitioned for amendment by any citizen of the town as hereinafter provided, or through action initiated by the Mayor, Town Council or Planning Commission.

   (B)   Intent with respect to amendments. It is hereby declared to be public policy that this chapter shall not be amended except to more fully carry out the intent and purpose of the general plan of the town and of this chapter.

   (C)   Procedure. Any person seeking to enact or amend a land use ordinance/code or the zoning map shall submit to the Planning Commission a land use ordinance change application designating the change desired and the reasons therefor and shall pay the required filing fee (see the Town Fee Schedule) to the town. Upon receipt of the application and the paying of the filing fee, the Planning Commission shall consider the request and shall certify its recommendations to the Town Council with respect to the request within 90 days from receipt of the request. Failure on the part of the Planning Commission to certify its recommendations to the Town Council within 90 days shall be deemed to constitute a recommendation for approval unless a longer period is granted by the Town Council. The fee required shall be nonrefundable. The Planning Commission or Town Council may also initiate amendments to this chapter or map.

   (D)   Fees. Fees shall be set by the Town Council and will be included on the Town Fee Schedule.

   (E)   Public hearing required before amending and notice.

      (1)   A land use code may be adopted only after a public hearing is held in relation thereto before the Planning Commission at which parties in interest and citizens shall have an opportunity to be heard.

      (2)   Public hearing shall be noticed in compliance with the State Open and Public Meetings Act, U.C.A. § 52-4-101.

(Prior Code, § 10.7.20)

   The operation of any use permitted in the town is subject to the following standards of performance.

   (A)   The Planning Commission shall review the site plan and building elevations. The Planning Commission shall confirm compliance with architectural design, setbacks, landscaping, easements, dedications and the like to assure compliance with the general plan and with the town’s generally applicable policies and regulations. See § 151.22 of this code for site plan requirements.

   (B)   (1)   All uses must be operated so that all practical means are used to confine any noise, odor, dust, smoke, vibration or other similar features to the premises upon which they are located and shall not inhibit the everyday use of adjacent properties.

      (2)   All uses must comply with the town nuisance ordinance, Chapter 90 of this code.

   (C)   (1)   All uses in nonresidential zones shall be conducted entirely within a fully enclosed building except those uses deemed by the Planning Commission and Town Council to be customarily and appropriately conducted outside.

      (2)   Such uses include service stations, gas pumps, plant nurseries, outdoor RV or boat storage, home improvement material yards and the like.

   (D)   Any light used to illuminate signs, parking areas or for any other purpose shall be so arranged as to confine direct light beams to the lighted property by appropriate directional hooding. Any outdoor lighting shall comply with the town’s outdoor lighting standards in Chapter 153 of this code.

   (E)   All stormwater must be maintained on-site.

   (F)   (1)   The town places great importance on its agricultural areas and the protection and preservation of agricultural land and agricultural activities within the town.

      (2)   All uses must comply with the right to farm ordinance, §§ 150.20 to 150.24 of this code.

   (G)   All buildings and structures located in an area not zoned for residential uses shall be prohibited as permanent living quarters or residences unless otherwise provided for by conditional use as set out in § 154.186 of this chapter.

   (H)   If more than four of the following items described in divisions (H)(1) to (H)(6) below are parked or stored on a single parcel of land or lot or being used as a business, the landowner shall apply for and be governed by a conditional use permit as outlined in this chapter:

      (1)   (a)   Heavy-duty vehicles specially designed for executing construction tasks, most frequently ones involving earthwork operations.

         (b)   They are also known as heavy machines, heavy trucks, construction equipment, engineering equipment, heavy vehicles or heavy hydraulics;

      (2)   Double-axle trailers that are used to haul or transport heavy equipment and are used for the storage of equipment or materials used for a commercial business;

      (3)   Storage of any equipment that requires a UDOT permit number to legally drive or be transported on state roads;

      (4)   Box trucks, containers and box trailers are allowed per individual zoning requirements. Any amount of containers over four must be painted to match aesthetics;

      (5)   Containers used as screening for an area must be painted in colors that blend with their surroundings or match the aesthetics of the surrounding area; or

      (6)   (a)   Any commercial storage, storage for a business, goods and products, including large stationary equipment, must be stored behind a screened wall.

         (b)   The Planning Commission may require additional screening requirements where deemed necessary.

   (I)   These regulations may be modified by a conditional use permit with the approval of the Town Council and a positive recommendation from the Planning Commission.

(Prior Code, § 10.7.30) Penalty, see § 154.999

   No residence, campground, resort, commercial establishment or manned industrial plant shall be used or occupied, nor a permit issued therefor, until a potable water supply facility and sanitary sewage disposal facility have been installed with the approval of the County Health Department as meeting county standards; furthermore, before a building permit shall be issued, plans showing the proposed water and sewage facilities shall first be approved by said Health Department and proof be shown to the proper town authority.

(Prior Code, § 10.7.40)

   Only one building that contains a dwelling shall be located and maintained on a lot, provided:

   (A)   Such lot meets all requirements of the Land Use Code, including the requirements of the zoning in which the lot is located; or

   (B)   Exceptions:

      (1)   An approved accessory dwelling unit (ADU); or

      (2)   As part of a conditional use.

(Prior Code, § 10.7.50)

   No building shall be occupied unless all fees have been paid and all inspections completed. Residential occupancy of a home requires the issuance of a certificate of occupancy by the town.

(Prior Code, § 10.7.60)

   Structures and uses of land which are not expressly permitted within a zone are declared to be expressly prohibited by the action of this chapter or zoning map. Any use not expressly permitted can only become permitted through the normal petition of the Land Use Code.

(Prior Code, § 10.7.70) Penalty, see § 154.999

   Where a lot of record at the time of passage of the ordinance codified in this subchapter, or any amendment thereto, falls into two or more zones, the requirements of the more restrictive zone shall apply.

(Prior Code, § 10.7.80)

   At the time a building permit is requested for any building or structure, or at the time the use of land is changed, a plot plan shall be submitted.

(Prior Code, § 10.7.90)

   For adequate access by emergency vehicles and local occupants, the frontage of each lot used as a site for a dwelling, commercial establishment, manned industrial plant or other facility occupied by humans shall abut on an official state road, county road or approved town street, and from which frontage such facility gains vehicular and pedestrian access entirely across the subject lot.

(Prior Code, § 10.7.100)

   For private road provisions, see § 152.20 of this code.

(Prior Code, § 10.7.110)

   For motor vehicle access provisions, see § 152.21(F) of this code.

(Prior Code, § 10.7.120)

   Notwithstanding the requirements of a zone to the contrary, whenever the federal, state or county government has declared a disaster area, or a state of emergency or extreme danger, in the town which requires a temporary use permit to deal with the situation, the Town Council may order the necessary permit issued.

(Prior Code, § 10.7.130)

   All structures shall be on a lot adjacent to a public street, or with access to an approved private street, and shall be located on lots so as to provide safe and convenient access for fire and public protection.

(Prior Code, § 10.7.140)

   (A)   Every lot or parcel created after the effective date of the ordinance codified in this chapter shall have a buildable area sufficient to establish a building or structure thereon which meets the minimum standards of the zoning in which the lot or parcel is located. Any area located within an easement may not be included within any buildable area unless the easement beneficiary executes and records a release of the easement in a form acceptable to the Town Attorney.

   (B)   Each lot must have a completed survey before a building permit will be issued.

   (C)   Setbacks will be measured from either the lot line or fence line, whichever is the shortest distance.

(Prior Code, § 10.7.150)

   Architectural styles shall be consistent with surrounding structures and the environment.

(Prior Code, § 10.7.160)

   All departments, officials and public employees of the town which are vested with the duty and authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no permit or license for a use, building or purpose where the same would be in conflict with the provisions of this chapter, and any such permit or license, if issued in conflict with the provisions of this chapter, shall be null and void. The issuance of a permit or license in conflict with the provisions of this chapter shall not stop the town from enforcing the provisions of this chapter.

(Prior Code, § 10.7.170)

   All buildings, uses, lots and parcels located within the town shall be maintained and operated in a manner to enhance community pride and beautification. No junk, rubbish, weeds or other unsightly material or conditions shall be permitted on any lot, right-of-way or easement, or as part of any building or use.

(Prior Code, § 10.7.180) Penalty, see § 154.999

   Every building or structure erected, reconstructed, altered, enlarged or moved, and every building, structure or land rearranged, designed or intended for any use, shall be built or used only as allowed by the requirements of this chapter and the zoning in which such building, structure, land or use is located.

(Prior Code, § 10.7.190)

   (A)   It is the purpose of this chapter to prevent the degradation of neighborhoods by prohibiting the moving in of unsightly or unsafe buildings.

   (B)   As a special exception to this chapter, the land use authority may authorize a building permit to be issued to move a building onto a lot upon compliance with the following conditions.

      (1)   Pre-inspection. No permit shall be issued nor approval given for the moving of any building from one site within the town to another site within the town, or from a site outside of the town to a site within the town, without a prior building inspection being made to determine whether or not the building complies with the standards of the building codes adopted by the town. The applicant shall submit, along with his or her application, a report from an independent building inspector who is licensed by the state to inspect the type of building to be moved and a report from an independent structural engineer who is licensed by the state. These reports must state whether the building complies with the current codes, and if not, a list of those things which need to be done to meet the current standards of the codes. Furthermore, the applicant shall obtain site plan approval.

      (2)   Application. The following information shall be filed with the town staff at the time the application is made:

         (a)   Location and address of the old and new site;

         (b)   Plot plan of the new location, also showing adjacent lots on all sides of the property and indicating all structures and improvements on said lots;

         (c)   Plans and specifications for the proposed improvements of the new location, including compliance with §§ 154.225 to 154.229 of this chapter; and

         (d)   Must obtain a building permit as set out in § 151.01 of this code.

(Prior Code, § 10.7.200) Penalty, see § 154.999

   No dwelling or other building used for human habitation shall be constructed within 100 feet of the banks of a stream, gully or other flood channel in accordance with FEMA standards. No use or structure (except flood control works or irrigation diversion dams) shall be permitted in any flood channel.

(Prior Code, § 10.7.210)

   All zones in the town are fence-in zones, not fence-out zones. A developer or adjacent landowner (known as the remover) shall not remove a fence for construction or any other reason without a written agreement with the adjoining landowner. The fence that is removed must be re-erected within an agreed upon time frame. It must be re-erected in the exact location with new materials equal or superior in quality. If there is a need for an extended period, the remover must pay the adjacent landowner any expenses per day that are inquired due to the unusable land without a fence. If these conditions are not met, the town has the authority to place a stop work order on the project.

(Prior Code, § 10.7.220)

   (A)   Prohibitions.

      (1)   It is unlawful to place any recreational vehicle on any lot or parcel of land in the town and to use the same for permanent human habitation, except:

         (a)   When located in a travel-trailer court; or

         (b)   When a building permit has been issued and a building is being constructed and is connected to approved water and sewer facilities, but not to exceed one year, or as state law permits.

      (2)   It is unlawful to place a mobile home manufactured prior to June 15, 1976, on any lot or parcel of land within the incorporated portion of the town.

      (3)   Manufactured or mobile homes are built with the intended use as a dwelling unit for human habitation. It is unlawful to use manufactured or mobile homes for storage sheds, workshops or animal sheds/barns, or for uses other than dwelling units for human habitation.

   (B)   Exceptions. It is unlawful to place a manufactured home on any lot or parcel of land within the incorporated portion of the town except in compliance with the following.

      (1)   All manufactured homes constructed on or after June 15, 1976, shall be identifiable by the manufacturer’s data plate attached to the interior of the home bearing the date the unit was manufactured and a Federal Home Construction and Safety Standards Act of 1974 (HUD Code) label attached to the exterior of the home certifying the home was manufactured to HUD standards, and the label and plate must be in place as stated.

      (2)   When placed on a lot that complies with all the regulations of the zone in which the manufactured home is located, provided:

         (a)   A residential dwelling is a permitted use in the zone and the manufactured home is connected to an approved water supply and domestic wastewater disposal system;

         (b)   The owner of the manufactured home and/or the lot owner has obtained a building permit from the town for the installation of the manufactured home;

         (c)   The manufactured home is placed on a permanent foundation in accordance with the plans providing for vertical loads, uplift and lateral forces and frost protection which are in compliance with the applicable building code;

         (d)   The running gear and hitch shall be removed from those manufactured homes which are entered on the tax rolls of the town as real property;

         (e)   With the exception of the manufactured home being in one name and the property owner (as) being in another, the manufactured home shall be entered on the tax rolls of the town as real property; and

         (f)   The roof shall be constructed to meet the snow-load requirements for the given area.

(Prior Code, § 10.7.240) Penalty, see § 154.999

   (A)   Terms clarified. An ACCESSORY STRUCTURE or ACCESSORY BUILDING, for the purposes of this section, are interchangeable terms that shall be:

      (1)   Clearly incidental to and found in connection with a principal or main building;

      (2)   Subordinate to and serves a principal or main building;

      (3)   Subordinate in area, extent or purpose to the principal or main building served;

      (4)   Located on the same lot as the principal or main building served;

      (5)   A structure that contributes to the comfort, convenience or necessity of the occupants, business or industry in the principal or main building; and

      (6)   A structure that does not include Conex-type shipping containers.

   (B)   General requirements.

      (1)   Accessory structures and accessory uses may be authorized in association with a primary building or primary use.

      (2)   Accessory structures and accessory uses shall only be authorized concurrently with, or following, the establishment of the primary building or primary use.

      (3)   No stormwater runoff from any accessory structure shall be allowed to run onto adjacent property.

      (4)   Accessory structures shall meet the required standards in the zone in which the accessory structure is located.

      (5)   Accessory structures shall comply with the requirements of the most recently adopted Building Code, as applicable.

      (6)   Accessory structures require site plan approval for any structure over 244 square feet.

      (7)   No shipping container, cargo container, shipping crate, box, trailer or similar movable piece of equipment or object shall be considered an accessory structure.

      (8)   No accessory structure shall be rented, leased or sold separately from the rental, lease or sale of the primary building.

      (9)   No accessory structure shall be used as permanent or temporary living quarters.

      (10)   All accessory structures shall have a zoning compliance certificate from the town.

   (C)   Limitations on height, size and location of garages and other accessory buildings. In an effort to avoid the appearance of commercial-style buildings in residential zones, and to protect the character and stability of residential neighborhoods, the following requirements for garages and other accessory buildings located in residential zones are provided.

      (1)   No accessory building shall be higher than two stories.

      (2)   The appearance of the building shall fit in with its surroundings and shall not look like a commercial-style building.

   (D)   Approvals for accessory buildings. Unless otherwise exempt by this chapter, all accessory buildings require a building permit (see § 151.01 of this code). Exempt accessory buildings shall require a zoning compliance certificate (see § 151.30 of this code).

   (E)   Smaller accessory buildings; exemption from building permit requirements. An accessory building with a maximum height of 16 feet and a maximum size of less than 200 square feet, and no permanent foundation shall be exempt from building permit and zoning compliance certificate requirements, provided all setback requirements for the zoning in which the accessory building is located are met. Accessory buildings that do not meet the requirements shall be subject to fines in conjunction with code enforcement.

   (F)   Agricultural building requirements. An agricultural building shall require the following:

      (1)   A zoning compliance certificate from the town (see § 151.30 of this code);

      (2)   A completed agricultural exemption acknowledgment application;

      (3)   The applicant shall follow state statutes; and

      (4)   Any change of use may require a building permit.

(Prior Code, § 10.7.250) (Ord. 03142023-2, passed 3-14-2023)

   (A)   Zoning. ADUs shall be permitted in the following zones: AR-1, AR-5, AR-10 and AR-40.

   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      ACCESSORY DWELLING UNIT (ADU). A D-ADU and an I-ADU.

      ACCESSORY DWELLING UNIT, DETACHED (D-ADU). A separate structure from the primary dwelling that is located on the same lot or parcel. D-ADUs shall include a kitchen and a bathroom.

      ACCESSORY DWELLING UNIT, INTERNAL (I-ADU). A dwelling unit located within the footprint of a primary dwelling. I-ADUs are sometimes called mother-in-law apartments.

      OWNER OCCUPANCY. A property owner, as reflected in title records, makes their legal residence at the property. Evidence of owner occupancy may include voter registration, vehicle registration, driver’s license, County Assessor records or other similar means.

   (C)   Purpose and intent. This section provides a process to allow affordable housing within the town through accessory dwelling units within single-family detached dwellings or in separate detached structures. The standards in this section include reasonable limitations to minimize impact on neighboring properties. The purpose of this section is to provide regulations for accessory dwelling units that are incidental and accessory to a single-family dwelling, where permitted in the zone. Accessory dwelling units are intended to assist in providing housing types that meet the needs of populations of various income levels, ages and stages of life. In accordance with the goals of the general plan and state law, providing tools and methods for creating moderate-income housing is necessary in the town.

   (D)   Authority. The Town Administrator, or its designee, has the authority to implement and enforce provisions of this section.

   (E)   Standards. All ADUs must comply with the following:

      (1)   Code compliance. Conform to all federal, state and local laws, including compliance with the International Building Code, International Fire Code, the County Health Department and other local ordinances.

      (2)   Number of ADUs. Only one ADU may be created per lot, parcel or property.

      (3)   Owner occupancy. The property owner must occupy either the primary dwelling or the ADU as their permanent residence. The primary dwelling and ADU may not be rented at the same time. At all times, the ADU must be owned by the property owner.

      (4)   Short-term rental. ADUs shall not be rented for less than 30 consecutive days.

      (5)   Building permit. A building permit is required to modify an existing home, building or any new construction on a parcel or lot. Building permit applications shall include a site plan, floor plan, architectural elevations and structural calculations. The applicant shall obtain all necessary other permits and pay all applicable fees before construction, remodeling or any use of an ADU. ADUs shall not be approved on properties with outstanding building code violations or nonconforming uses or structures.

      (6)   Septic. Septic systems must be inspected to ensure suitability for all proposed ADUs. ADUs are prohibited if the primary dwelling is served by a failed septic tank.

      (7)   Soil. The town has known arsenic within its jurisdictional boundaries. Any disturbance of soil must comply with the soil testing requirements in §§ 91.15 to 91.24.

      (8)   Utility meters. ADUs may have up to two electrical meters; notwithstanding, the electrical meters must be in the name of the property owner. Unless approved by the Planning Commission, installing other separate utility meters for an ADU is prohibited.

      (9)   ADU permit. ADUs rented to a non-family member require a permit from the town.

      (10)   Parking. In addition to the parking required for the primary unit, one additional off-street parking space shall be provided. In no case shall fewer than three total off-street parking spaces be provided. Any additional occupant vehicles shall be parked on-site. On-street parking shall be reserved for visitors only.

      (11)   Affidavit. Applicants for all ADUs shall complete an affidavit stating that the owner of the property will live in either the primary dwelling or ADU as their permanent residence. Upon approval of the ADU by the Town Administrator, the affidavit shall be recorded against the property (in the event the property owner decides to sell the home) to alert the future owner of the regulations for the ADU.

      (12)   Inspections. The Town Administrator shall issue an ADU permit if the applicant complies with this section’s provisions and the ADU is ready for occupancy.

      (13)   ADU permit. An ADU permit is required to rent out either the primary dwelling or the ADU.

   (F)   D-ADU regulations.

      (1)   Height.   The maximum height for D-ADUs is limited to 35 feet.

      (2)   Square footage. The total floor area for D-ADUs shall not exceed 900 square feet, or 35% of the footprint of the primary dwelling, whichever is less, unless, in the opinion of the Planning Commission, a greater amount of floor area is warranted.

      (3)   Lot size. D-ADUs are only permitted on lots one acre or greater.

      (4)   Number of rooms. D-ADUs shall not have more than two bedrooms.

      (5)   Setbacks. D-ADUs must comply with the setbacks for the principal dwelling and shall have adequate facilities for all discharge from the roof and other drainage.

      (6)   Exterior appearance. D-ADUs shall be designed so that the appearance of the lot, building structure and landscaping retains the character of a single-family neighborhood.

      (7)   Area coverage. Construction of a D-ADU shall not exceed the allowable lot or rear yard coverage standard for the underlying zone. In no event shall a D-ADU cover more than 30% of a rear yard.

      (8)   Parking. AD-ADU shall have an additional off-street parking.

      (9)   Distance from dwelling. D-ADU shall be located no more than 200 feet from the principal dwelling on the same lot to ensure proximity and maintain site coherence.

   (G)   Exception. A property owner may build a new home and use his, her or their existing home as an ADU if his, her or their existing home will comply with the provisions of this section, and the new home will comply with the underlying zoning regulations by the time the new home is habitable and eligible to receive a certificate of occupancy.

   (H)   Revocation and enforcement.

      (1)   If any provision of this section is violated, the town may revoke an ADU permit.

      (2)   The town may enforce the provisions of this section through civil or criminal penalties, including filing a lien against a property owner or any other means allowable by law.

(Ord. 2024-14, passed 12-18-2024) Penalty, see § 154.999

   (A)   Intent. It is the intent of this code that noncomplying structures and nonconforming uses of land existing at the time of passage of the Zoning Code, but not in conformance therewith, be changed, ultimately, to complying structures and conforming uses and that noncomplying structures and nonconforming uses shall not be continued, increased or expanded except as permitted herein.

   (B)   Continuation. Except as provided below in this section, a noncomplying structure or a nonconforming use of land may be continued to the same extent and character as that which was legally existing and permitted on the effective date of the code provision(s) causing noncompliance or nonconformity if:

      (1)   No increase or expansion is made; and

      (2)   The lot on which the structure or use lies is unchanged, provided, however, that a noncomplying structure consisting of an occupied structure shall be allowed to continue in its noncomplying status when the boundaries of the parcel on which the occupied structure is located are changed to create a platted subdivision lot if the noncompliance is not deemed a hazard to public safety.

   (C)   Amending recorded noncomplying plats. Recorded, noncomplying plats can be amended pursuant to the procedure contained in this chapter.

   (D)   Nonconforming lot of record. A nonconforming lot of record which conforms with every provision and requirement of this code for a single-family dwelling or manufactured home except for the required lot area and/or required lot width along the side abutting a state or town road may be granted a building permit for a one-family dwelling or manufactured home, notwithstanding such deficiency in lot area or width, provided that it was shown continuously on the records of the County Clerk or Recorder as an independent parcel since before the effective date of the ordinance codified in this subchapter.

   (E)   Expansion. A noncomplying structure or nonconforming use of land may be expanded only if:

      (1)   A health or safety official of the county, the state or the United States of America, acting in his or her official capacity, requires such expansion in order for the use to continue (note: the town does not have a Health Department), and if:

         (a)   The requirement is based upon the health, safety and/or building codes administered by such official;

         (b)   A copy of the written findings by such official, and the order based thereon, are presented to the Zoning Commission as part of the application for a permit;

         (c)   The official states the use cannot continue unless such an expansion is made; or

         (d)   Recommendations are made to the Town Council.

      (2)   The Planning Commission approves the expansion after making any of the following findings.

         (a)   The specific use and structure to be expanded is a noncomplying, single-family dwelling.

         (b)   The boundaries of the lot on which the single-family dwelling lie are unchanged from those existing when the dwelling became noncomplying.

         (c)   The proposed expansion meets all the requirements of the zone in which it is located for subdivision, Health Department approval of water supply and sewage, flood protection, parking and setback, except new construction may be approved within the required front setback distance if it does not intrude beyond the setback of the existing structure.

         (d)   The specific use and structure to be expanded is an existing church or other structure for religious worship that is located on a legal nonconforming lot of record.

         (e)   The overall use and structure meet all of the requirements of the town and the state for fire protection, water supply for fire suppression, drinking water, sewage disposal, drainage and flood protection, subdivision plat approval, parking capacity, building setback and construction code compliance.

   (F)   Repairs. Repairs may be made to a noncomplying structure, but only when the repair is for the purpose of the maintenance of the existing structure. The repair cannot increase the square footage of the structure, cannot alter the footprint of the structure and cannot create or relocate any exterior walls of the structure.

   (G)   Replacement of destroyed buildings. A noncomplying structure which is rendered uninhabitable by the destruction of a fire, flood or other calamity or act of nature may be restored and the preexisting use resumed, provided that a building permit for reconstruction is obtained within one year from the date of destruction and construction is diligently executed to completion and re-occupancy. Such restoration shall not increase the floor area of the nonconforming structure.

   (H)   Change in use. A noncomplying structure or a nonconforming use of land shall not be changed to another noncomplying structure or nonconforming use whatsoever; changes shall not be made except in conformity with the current provisions of the Land Use Code. Any noncomplying structure or nonconforming use which has been changed to a complying structure or conforming use shall not thereafter be changed back to a noncomplying structure or a nonconforming use.

   (I)   No rights gained by unpermitted occupancy or use. No nonconforming status, nor any right to occupy a structure or use of a structure or parcel of land contrary to the provisions of this chapter, shall be gained through such occupancy or use in the past when such was illegal or accomplished without a permit.

   (J)   Effect of amendments. The provisions of the Land Use Code pertaining to noncomplying structures and nonconforming uses of land also apply to structures and land uses which hereafter become noncomplying and nonconforming because of an amendment to the Land Use Code.

   (K)   The lot lies in the zone. The lot has existed continuously on the official records of the County Clerk or Recorder as an independent parcel prior to 2005, and every provision and requirement of this chapter, except for said area and width requirement, is met.

   (L)   Effect of tax sales on nonconforming uses. When the county or town acquires title to any property because of a tax sale, the future use of the property shall conform to the existing requirements within the zone.

(Prior Code, § 10.7.260)

   For temporary dwelling and storage structure provisions, see § 151.28 of this code.

(Prior Code, § 10.7.270)

   The town is an agricultural community that prides itself on a rural farming and ranching atmosphere. Animals are a large part of this atmosphere.

   (A)   Animals shall be kept, cared for and maintained in a humane manner that does not pose a significant health risk to the residents or other animals in the town.

   (B)   There shall be sufficient area for the animal(s) to move about freely in accordance with acceptable agricultural practices.

   (C)   Noxious odors created by animal(s) shall be mitigated so as not to cause a nuisance to neighboring landowners.

   (D)   Animals shall not infringe upon the rights of neighboring landowners.

   (E)   The town is a fence-in, not a fence-out, community. For right to farm ordinance provisions, see §§ 150.20 to 150.24 of this code.

(Prior Code, § 10.7.290)