(A)

The boundaries and zoning classification of districts hereby established are as shown on a map on file in the office of the City Clerk, entitled Zoning Map of Idaho Springs, which map and all notations, references, data and other information shown thereon are by reference hereby made a part of this Chapter.

(B)

In the event uncertainty shall be deemed to exist on the Zoning Map, district boundaries shall be on section lines, lot lines, the center lines of highways, streets, alleys, railroad rights-of-way, channelized waterways such as streams, or other lines to be determined by the use of scales shown on said map.

(C)

Where a lot is divided by a zoning district boundary line at the time of enactment of these regulations or by subsequent amendments, the less restrictive zone requirements may be extended in the lot into the more restrictive zoning district for a distance of not more than twenty-five (25) feet.

(Ord. No. 19, §2(Exh. A), 2019)

In order to regulate the location, height, bulk and size of buildings and other structures, the percentage of lot which may be occupied, the size of lots, courts and other open spaces, the density and distribution of population, the location and uses of land, buildings and structures for trade, industry, residence, recreation, public activities or other purposes, the City is hereby divided into the following classes of districts:

(Ord. No. 19, §2(Exh. A), 2019)

All areas that are annexed to the City shall be zoned one (1) of the above zoning districts as defined in this Article within ninety (90) days after annexation.

(Ord. No. 19, §2(Exh. A), 2019)

No structure shall be designed, erected or altered except in accordance with the regulations of this Article. This Article shall apply to all zoning districts except as noted herein.

(Ord. No. 19, §2(Exh. A), 2019)

Every use, unless expressly exempted by these regulations, shall be so operated that the volume of sound inherently and recurrently generated does not exceed fifty-five (55) decibels at any point of any boundary line of the lot on which the use is located.

(Ord. No. 19, §2(Exh. A), 2019)

Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the lot on which the use is located.

(Ord. No. 19, §2(Exh. A), 2019)

Every use, unless expressly exempted by these regulations, shall be operated in its entirety within a completely enclosed structure; the exemption of a use from the requirement of enclosure will be indicated by the phrase "need not be enclosed" appearing after any use exempted.

(Ord. No. 19, §2(Exh. A), 2019)

Every use, unless expressly exempted by these regulations, shall be operated in its entirety within a completely enclosed structure; the exemption of a use from the requirement of enclosure will be indicated by the phrase "need not be enclosed" appearing after any use exempted.

(Ord. No. 19, §2(Exh. A), 2019)

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces. All materials or wastes which might cause fumes or dust or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.

(Ord. No. 19, §2(Exh. A), 2019; Ord. No. 11, § 1, 12-11-2023)

On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other natural growth shall be maintained which may constitute a hazard to traffic by obstructing the view or vision of operators of motor vehicles.

(Ord. No. 19, §2(Exh. A), 2019)

No fence, wall, structure, tree, shrub or other obstruction shall be placed on or in any street, alley, parkway or public way. Such restrictions shall not apply to curbs, gutters, curb cuts, sidewalks and driveways constructed according to the building code.

(Ord. No. 19, §2(Exh. A), 2019)

(A)

A home occupation shall be allowed as a permitted accessory use in all residential zone districts, provided that all of the following conditions are met:

(1)

Such use shall be conducted entirely within a dwelling and carried on by the inhabitants living there and no more than three (3) others.

(2)

Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof.

(3)

There shall be no exterior advertising other than identification of the home occupation.

(4)

There shall be only incidental sale of stocks, supplies or products conducted on the premises.

(5)

There shall be no exterior storage on the premises of material or equipment used as a part of the home occupation.

(6)

There shall be no offensive vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

(7)

A home occupation shall provide additional off-street parking area adequate to accommodate all needs created by the home occupation, specifically including one (1) off-street parking space for each employee or other non-inhabitant of the premises who is involved with the home occupation.

(8)

In particular, a home occupation may include, but is not limited to, the following, provided that all requirements contained herein are met: art studio, dressmaking or millinery work, professional office, office for insurance or real estate sales, teaching and the renting of rooms to not more than two (2) persons per dwelling.

(9)

A home occupation shall not be interpreted to include the following: veterinary animal hospital, nursing home, restaurant or tourist home.

(Ord. No. 19, §2(Exh. A), 2019)

(A)

Purpose and intent. The purpose and intent of this Article is to ensure that residential properties in the City used for short term rental purposes meet minimum standards of safety and habitability and are operated in a manner compatible and consistent with surrounding residential uses and in compliance with the sales tax collection requirements of this Code.

(B)

Application of this Article, other portions of this Code. Effective November 12, 2018, it shall be unlawful to operate any short term rental in the City without a license for the same issued pursuant to this Article. A short term rental shall not constitute a "bed and breakfast," as defined and regulated by this Code, and shall be subject to licensure under this Article in lieu of the home occupation licensing provisions, as applicable.

(C)

Maximum number of licenses. The maximum number of licensed short term rentals in the City at any one (1) time shall not exceed fifteen (15). The City Clerk shall administer the maximum number of licensed locations as follows:

(1)

When a license becomes available within the maximum number established by this subsection (C), the City shall declare that a license is available and publish notice of the availability on the City's website and post such notice at the City's official posting places. The determination and declaration of an existing license expiring, being surrendered or otherwise terminated, such that results in a license becoming available, shall be in the City's sole and absolute discretion. The notice of availability shall provide that interested parties must file a letter of intent with the City within thirty (30) days of the date of notice.

(2)

The City shall accept letters of intent from interested parties for thirty (30) days from the date of the notice of availability. Letters of intent must include, at a minimum, the following information:

(a)

The full name, address and telephone number of the applicant;

(b)

The address and current zoning designation for the proposed licensed property;

(c)

An explanation of the applicant's legal right to occupy and use the property as a short term rental (e.g., by ownership, leasehold interest with owner's consent, etc.); and

(d)

A sworn statement of the applicant's good faith belief that s/he will be able to demonstrate that the proposed licensed property meets all short term rental requirements imposed by this Code.

(3)

If more than one (1) complete letter of intent is timely filed, the City shall select one (1) letter to continue processing by lottery. All potential applicants in the lottery shall be notified of the time and place that lots shall be drawn and may attend and observe the process. If the City does not receive any letters of intent within the initial thirty-day response period, the City shall maintain the notice of the availability of a license on the City's website. The notice shall be amended to reflect that the initial response period has lapsed and that letters of intent will now be accepted and processed by the City in the order received. If more than one (1) letter of intent is thereafter received by City on the same date, the lottery process set forth above shall be used to select one (1) letter to continue processing.

(4)

The sole or selected applicant must file a complete license application as required by this Section within thirty (30) days of:

(a)

The date the applicant is selected by lottery, if so selected;

(b)

The expiration of the initial thirty-day response period if the applicant is the only party that has filed a timely letter of intent; or

(c)

The date of the applicant's letter of intent if submitted after the initial thirty-day response period.

(5)

The sole or selected applicant must obtain the short term rental license required by this Section within one hundred twenty (120) days of the date of application.

(6)

An applicant's failure to meet the deadlines set forth under this Section or to timely file the materials and information necessary to diligently pursue the licensing process, as determined by the City in its absolute and sole discretion, shall result in the rejection of his or her application and the generation of a new notice of license availability, in accordance with paragraph (C)(1) above.

(D)

Definitions.

Advertise means any act, method or means of drawing attention to a short term rental for purposes of promoting the same for rent or occupancy.

Emergency contact person means the person designated by the owner or the owner's authorized agent or representative who shall be available twenty-four (24) hours per day, seven (7) days per week for the purpose of: (1) responding within sixty (60) minutes to property code violations and/or complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit and (2) taking remedial action to resolve such violations and/or complaints.

Imminent danger shall mean a condition that could cause serious or life-threatening injury or death at any time.

Licensed premises means the premises specified in an approved application for a license under this Article which are owned or in the possession of the licensee and within which such licensee is authorized to provide short term rental accommodations in accordance with this Article.

Primary residence means a residence which is the usual place of return for housing and where a person lives and spends a majority of the time during the year as documented by the occupant's: (1) driver's license OR Colorado state identification card; AND (2) voter registration OR motor vehicle registration; AND (3) designated primary residence for income tax purposes. An applicant for a license under this Article may have only one (1) primary residence for purposes of this Article.

Short term rental means a primary residence or portion thereof used for lodging accommodations for transients for a period of less than thirty (30) consecutive days per transient renter.

(E)

License application; term; renewal; non-transferable.

(1)

License application. Applications for issuance or renewal of a short term rental license shall be submitted to the City Clerk on a form provided by the City, and the City Clerk shall accept no incomplete applications. Applications shall include and provide all information required on the form, including, but not limited to, the following information:

(a)

The full name, residential address and telephone number for the applicant.

(b)

The full name, address and telephone number of an authorized agent , along with a copy of the writing designating the agent to act, in the applicant's absence, as the emergency contact person and representative of the applicant on issues related to the short term rental.

(c)

A sworn affidavit, signed by the applicant and notarized, that the applicant has followed all license requirements, that there are no private rules or covenants that prohibit the use of the licensed premises as a short term rental, and that the application is complete and contains no false, misleading or fraudulent statements.

(d)

The address of the proposed licensed premises, a description, and an illustration or photograph(s) of the area(s) that will be used for short term rental purposes.

(e)

Proof of the lawful possession of the licensed premises by the applicant, either by deed or lease. If the applicant is not the owner, the application shall include written authorization, signed and notarized, from the owner of the licensed premises for the use of the same for short term rentals.

(f)

Proof of applicant's primary residence at the licensed premises, by providing: (1) the applicant's driver's license OR Colorado state identification card; AND (2) the applicant's voter registration OR motor vehicle registration; AND (3) document(s) designating a primary residence for income tax purposes.

(g)

An application fee in an amount set forth in the City Fee Schedule.

(h)

A delineated off-street parking plan for guests' cars either on the licensed premises, or on a nearby property subject to City staff approval and submission of an applicable agreement with the nearby property owner, which provides for parking for all users of the rental space.

(i)

Such other information determined necessary by the City Clerk to evaluate the compliance of the applicant, licensed premises or proposed short term rental activity with the requirements of this Code.

(2)

It is the duty of each short term rental licensee to ensure that all of the information provided in a license application is kept up to date at all times, and it shall be unlawful for a licensee to fail to provide updated information to the City within ten (10) days after the date upon which any information provided is no longer accurate.

(3)

New licenses issued under this Article, and renewals of licenses, shall be issued to reflect an annual license period of a calendar year, and shall be valid from January 1 through December 31 of the same calendar year. In the event a new license is issued mid-year, the initial license term shall be less than a year, and any annual license fee shall be similarly pro-rated, to permit the first renewal period of such new license to begin on January 1 ^st of the next successive calendar year.

(4)

The renewal of a license under this Article shall follow the annual renewal process and requirements set forth under [Section] 9-16 of this Code.

(5)

No license issued under this Article shall be transferable and no license is valid as to any person or entity other than the person or entity named thereon.

(6)

Upon the issuance or renewal of a license, the City Clerk shall provide to the applicant a written notice and the mailing addresses for all property owners within two hundred (200) feet of the licensed premises. The applicant shall mail all notices by certificate of mailing within seven (7) days and provide receipt of mailing to the City. The City Clerk shall notify the City Administrator of any objective, Code-based concerns or alleged violations identified by such property owners responding to said written notice, and the City Administrator, or his or her designee, may refer to these concerns during the applicable inspection(s).

(7)

The City Clerk shall maintain a list of currently-licensed short term rental properties in the City subject to public view on the City's web site at all times and in the Clerk's office during regular business hours.

(8)

Insurance Requirements:

(a)

A licensee shall inform the licensee's insurance company that the property covered by the insurance company will be used as a short term rental before any short term rental transaction is processed, regardless of whether the licensee obtains liability insurance for the short term rental through that insurance company. The licensee shall verify compliance with this notification requirement by executing and submitting a form affidavit provided by the City during the application process.

(b)

A licensee shall maintain liability insurance to cover use of the short term rental in an amount determined appropriate by the insurance company insuring such short term rental, but in any case no amount of less than one million dollars ($1,000,000.00) in the aggregate. Such coverage shall be maintained in full force and effect for the term of the license. Alternatively, a licensee may elect to conduct each short term rental transaction through a third party hosting platform that provides equal or greater insurance coverage for each short term rental use, provided that the licensee abides by the notification requirements above.

(c)

A licensee shall maintain an insurance policy as described in this subsection (8). Failure to maintain an insurance policy as described in this subsection shall be cause for immediate and summary suspension of the short term rental license. A licensee shall be given thirty (30) days to provide proof of insurance reinstatement before the City initiates revocation proceedings of a license suspended for lack of insurance.

(F)

Minimum health and safety standards; inspections.

(1)

Each licensed premises licensed under this Article shall comply with all building, housing and health codes which, if violated, would constitute an imminent danger.

(2)

Each licensed premises shall contain a working smoke detector, carbon monoxide detector and fire extinguisher.

(3)

No license under this Article shall be issued until the licensed premises are inspected by the City Administrator, or his or her designee, for compliance with this Section and issued a written notice of inspection approval. If, after inspection, the City Administrator, or his or her designee, issues a written notice of inspection failure, such notice shall be accompanied by a notice of abatement. Such a notice of abatement shall be subject to the same process under Chapter 16 of this Code, as existing or as hereafter amended.

(4)

A property inspection of the license premises shall be conducted by the City Administrator, or his or her designee, before the initial issuance of any license under this Article, and shall be conducted every three (3) years thereafter.

(G)

Limitations; Requirements.

(1)

Each licensee shall submit to the City, on a yearly basis, and upon renewal, an affidavit, signed by the licensee and notarized, attesting to the number of nights rented in the prior year, as well as confirmation of payment of all applicable sales and lodging taxes.

(2)

Each licensee shall post at a prominent place inside the premises a notice containing the following:

(a)

Licensee's contact information;

(b)

Local trash and recycling schedule and instructions;

(c)

Parking restrictions and off-street parking plan;

(d)

Water restrictions, if applicable;

(e)

A statement that City Code prohibits guests from operating an outdoor fire pit or conducting open burning at the licensed premises;

(f)

Evacuation directions in the event of fire or emergency;

(g)

Location of the fire extinguisher; and

(h)

Contact information of the emergency contact person authorized to respond to emergencies or inquiries.

(3)

Each licensed premises shall provide a delineated off-street parking plan for guests' cars on the licensed premises, or on a nearby property subject to City staff approval and submission of an applicable agreement with the nearby property owner, which provides for parking for all users of the rental space.

(4)

There shall be an owner or representative or emergency contact person who is on call full time to manage the property and ensure compliance with provisions of this Code during any period which the property is occupied as a short term rental. The owner or representative or emergency contact person shall be required to respond to an active guest within (60) minutes by phone or in person. The owner or representative or local contact person shall also be required to be available twenty-four (24) hours per day, seven (7) days per week for the purpose of: (1) responding within sixty (60) minutes to property code violations and/or complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit and (2) taking remedial action to resolve such violations and/or complaints.

(5)

The business license number shall be prominently displayed on the first line describing the rental on all hosting sites and advertising listings of the licensed premises.

(a)

For purposes of this Chapter, regarding municipal utilities, the use of the premises shall be considered single-family residential.

(b)

Recreational Vehicles (RVs), which includes all vehicles that bear a Vehicle Identification Number (VIN), tents, campers or other temporary structures are not eligible for a short term rental license, and such use is prohibited for short term rentals.

(H)

Suspension and revocation; appeal.

Each license issued under this Article is subject to suspension and revocation proceedings as follows:

(1)

The City Administrator is authorized to suspend or revoke any license, upon at least seven (7) calendar days' written notice via United States Postal Service first class mail to the licensee stating specific date of the hearing, the contemplated action and, in general, the grounds therefor, and after a reasonable opportunity for the licensee to be heard, upon a finding that:

(a)

The licensee has failed to pay the annual license fee or any other applicable tax;

(b)

The application has been found to contain a falsehood or material misrepresentation or omission;

(c)

The licensee has failed to file any report or furnish any other information that is required to be provided to the City under this Article, including but not limited to a failure to timely provide additional or amended information within ten (10) days;

(d)

The licensee has violated any term or condition of his/her license or any provision of this Article or Code related thereto; or

(e)

Any fact or condition exists which, if it had existed or had been known to exist at the time of the application for the license, would have warranted the refusal of the issuance of the license.

(2)

The City Administrator shall issue a written decision within ten (10) days of the date upon which the licensee is provided the opportunity to be heard, and shall provide the same to the licensee to the mailing address indicated on the license application or such other address or by such other means (such as electronic mail) as requested by the licensee.

(3)

A licensee may appeal a decision by the City Administrator to suspend or revoke his or her license by filing written notice of such appeal, including the specific reasons the Administrator's decision is in error, with the City Clerk within ten (10) days of the date of the Administrator's decision.

(4)

Any appeal timely filed under subsection (3) above shall be heard and decided by the Planning Commission at their next regularly scheduled meeting, applying the same procedural and substantive guidelines as the City Administrator under subsections (1) and (2) hereof. The Planning Commission's decision shall be the City's final decision on the matter.

(I)

Unlawful acts.

It is unlawful for any person to:

(1)

Operate a short term rental without a smoke detector, carbon monoxide detector and fire extinguisher on the licensed premises during each short term rental occupancy period.

(2)

Operate a short term rental in any location other than the person's primary residence.

(3)

Operate a short term rental that does not comply with all applicable State and City laws.

(4)

Advertise any short term rental without including in such advertisement on the first line describing the rental the business license number issued by the City under this Article.

(5)

Fail to collect or remit City sales tax due on the sale of short term rentals as required by this Code.

(6)

Operate a short term rental or permit the use or occupancy of the same in violation of any the requirements of this Code, concerning zoning, including but not limited to occupancy limitations.

(7)

Construct or modify a licensed premises for short term rental purposes in violation of this Code, concerning building regulations, including any code adopted by reference therein.

(8)

Operate an outdoor fire pit or conduct open burning at the licensed premises.

(J)

Should any one (1) or more Sections or provisions of this Ordinance, or Code provisions enacted hereby, be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions thereof, the intention being that the various sections and provisions are severable.

(K)

Any and all Ordinances or Code provisions or parts thereof in conflict or inconsistent herewith are, to the extent of such conflict or inconsistency, hereby repealed; provided, however, that the repeal of any such Ordinance or Code or part thereof shall not revive any other Section or part of any Ordinance or code provision heretofore repealed or superseded.

(L)

Penalties. In addition to any other remedies available at law or equity, including Section 1-8 and Section 21-7 of this Code, engaging in the short-term rental business within the City without a license shall subject the licensee and/or property owner to a fine in an amount to be established by resolution of the City Council, as may be amended from time to time, to be collected in the manner provided for penalty assessments as provided in this Code.

(Ord. No. 19, §2(Exh. A), 2019; Ord. No. 19, §2, 2020; Ord. No. 6, §1, 2022; Ord. No. 9, §1, 2022)

(A)

As used in this Section, "marijuana" means all parts of the plant of the genus cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufac-ture, salt, derivative, mixture, or preparation of the plant, its seeds or its resin, including marijuana concentrate but shall not include industrial hemp, the fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product whether for medicinal or non-medicinal (recreational) purposes.

(B)

Cultivation, drying, processing, manufacturing and storage of marijuana and marijuana-infused products is permitted as an accessory use to any residential dwelling; provided, however, that the following requirements are met:

(C)

Such use shall be conducted only within an enclosed locked space within the dwelling and may not be conducted within any accessory structure.

(D)

Such use shall be incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof.

(E)

Such use may only be conducted by a person who resides within the dwelling in which the use is occurring.

(F)

No more than twelve (12) total plants are allowed per residence, regardless of the number of adults living there.

(G)

The use shall not generate traffic, noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in any residential zone district.

(H)

There shall be no visible evidence from any property line that such use is occurring within the dwelling.

(I)

The use of compressed, flammable gas as a solvent in the extraction of THC or other cannabinoids is prohibited.

(J)

The installation or modification of any electrical, mechanical, plumbing or any other type of system or fixture related to the use shall comply with all applicable provisions of the City's building regulations as set forth in Chapter 5 of this Code.

(K)

Except as authorized by this Section, cultivation, drying, processing, manufacturing and storage of marijuana and marijuana-infused products is prohibited in residential districts and residential structures.

(L)

Except as provided for in Article XI of Chapter 9 of this Code, cultivation, drying, processing, manufacturing and storage of marijuana and marijuana-infused products is prohibited in nonresidential districts and non-residential structures.

(Ord. No. 19, §2(Exh. A), 2019)

(A)

Definitions.

(1)

Extend stay lodging means the renting of a room, unit or other portion of a hotel or motel for a duration of stay greater than twenty-nine (29) consecutive days. The duration of stay shall be calculated based upon the number of nights of occupancy by a guest within the licensed premises as a whole rather than within one (1) particular room, unit or defined area.

(2)

License means an extended stay lodging license issued pursuant to this Section.

(B)

Extended stay lodging license required. It is unlawful for any person, either directly or indirectly, to conduct or provide extended stay lodging without first obtaining and maintaining a license.

(C)

License application form; processing.

(1)

License applicants shall file a completed application with the City Clerk's office on a form provided by the City.

(2)

A completed license application shall contain the following information:

(a)

The business name and address of the applicant;

(b)

A floor plan of the establishment illustrating the specific rooms, units or areas to be used for extended stay lodging;

(c)

Individual floor plans for each proposed extended stay lodging room, unit or area, including square footage calculations; and

(d)

A detailed floor plan illustrating all amenities and features required pursuant to subsection (D) below.

(D)

Minimum standards for operation.

(1)

Extended stay lodging areas shall be designated on a building floor plan and no other areas may be offered or used for such purpose.

(2)

Every room licensed for extended stay lodging shall prominently display on the inside of the main entrance door of the room a statement that such room is licensed pursuant to this Section.

(3)

Guest personal possessions may not be stored on exterior balconies, interior corridors, or in a manner that prohibits adequate movement and ingress/egress within a unit and/or licensed premise.

(4)

The following amenities shall be available to all extended stay lodging guests:

(a)

Twenty-four (24) hour desk staffing;

(b)

Universal wireless internet included within rental rate;

(c)

In-room or common area laundry facilities; and

(d)

Secure storage (either in-unit or in a common area).

(5)

Cooking facilities must be available on the premises, either in each individual room approved for extended stay lodging or in a shared, communal kitchen accessible at all times. Kitchen facilities shall include, at minimum:

(a)

Fixed cooktop appliance;

(b)

Full-size refrigerator;

(c)

Full-size kitchen sink; and

(d)

Communal seating space.

(6)

Each licensed premise shall otherwise remain compliant with all other requirements and standards of the City and of this Code.

(E)

License renewal and inspection requirements.

(1)

The City shall perform an inspection of the proposed licensed premises prior to the issuance of an extended stay lodging license.

(2)

Thereafter, the City shall perform annual compliance inspections of the licensed premises at time of license renewal.

(F)

Implementation schedule.

(1)

It is the intention of the City that existing hotels and motels offering extended stay lodging be given sufficient time to make the operational and physical modifications and improvements necessary to satisfy the eligibility requirements of this section. Accordingly, the following implementation schedule for this section is adopted:

(a)

Existing hotels offering extended stay lodging shall have until February 28, 2025, to file a license application and until July 1, 2025 to obtain a license and to be compliant with the operational standards set forth in subsection (D) of this Section.

(b)

Hotels in existence as of the effective date of this Code Section 21-35 that timely apply for a license as required by subparagraph (F)(1)(a) above may file a written request for a one-time extension of the compliance deadline of July 1, 2025. Such written request must be filed with the City Administrator not later than July 1, 2025 and may request up to six (6) additional months, to a date not later than January 1, 2026.

(c)

The City Administrator shall review all timely written requests for compliance deadline extensions and administratively approve, with or without conditions, or deny the same. The Administrator may approve a request, with or without conditions, only upon a find that the applicant has adequately demonstrated good cause. "Good cause" in this context shall mean events or circumstances outside of the applicant's reasonable control that render timely compliance either impossible or overly burdensome. Excessive financial burden may constitute good cause to extend the initial compliance deadline one (1) time, but shall not constitute cause to exempt an applicant from the requirements of this Section nor constitute a legal defense to prosecution or other enforcement actions for failure to comply with the same.

(G)

Suspension and revocation; appeal.

(1)

Each license is subject to suspension and revocation proceedings as follows:

(a)

The City Administrator is authorized to suspend or revoke any license, upon at least seven (7) calendar days' written notice via United States Postal Service first class mail to the licensee stating specific date of the hearing, the contemplated action and, in general, the grounds therefor, and after a reasonable opportunity for the licensee to be heard, upon a finding that:

1.

The licensee has failed to pay the annual license fee or any other applicable tax;

2.

The license application has been found to contain a falsehood or material misrepresentation or omission;

3.

The licensed premises are found to have been constructed, altered or operated in a manner contrary to the application or in violation of any term or condition of the license or in violation of this Section or of this Code;

4.

The licensee has failed to furnish any information that is required to be provided to the City under this Section or this Code; or

5.

Any fact or condition exists which, if it had existed or had been known to exist at the time of the application for the license, would have warranted the refusal of the issuance of the license.

(b)

The City Administrator shall issue a written decision within ten (10) days of the date upon which the licensee is provided the opportunity to be heard, and shall provide the same to the licensee to the mailing address indicated on the license application or such other address or by such other means (such as electronic mail) as requested by the licensee.

(c)

A licensee may appeal a decision by the City Administrator to suspend or revoke his or her license by filing written notice of such appeal, including the specific reasons the Administrator's decision is in error, with the City Clerk within ten (10) days of the date of the Administrator's decision.

(d)

Any appeal timely filed under subsection (G)(c) above shall be heard and decided by the Planning Commission at their next regularly scheduled meeting, applying the same procedural and substantive guidelines as the City Administrator under subsections (b) and (c) hereof. The Planning Commission's decision shall be the City's final decision on the matter.

(Ord. No. 18, §1, 2024)

No land shall be used or occupied and no structure shall be designed, erected, altered, used or occupied except for one (1) or more of the uses by right as indicated in the Allowed Uses by Right table below; except for those uses in use prior to the enactment of this Code and classified as nonconforming uses as defined by this Chapter.

(Ord. No. 19, §2(Exh. A), 2019)

Any uses not specifically allowed by right because of special requirements, potential impacts or unique characteristics may be approved by City Council as a conditional use as indicated in Article IV of this Chapter. The proposed use must generally conform to the recommendations of the Comprehensive Plan.

(Ord. No. 19, §2(Exh. A), 2019)

See Article V of this Chapter for requirements.

(Ord. No. 19, §2(Exh. A), 2019)

See Chapter 26.

(Ord. No. 19, §2(Exh. A), 2019)

The following are the uses permitted by right in each zone district:

(Ord. No. 19, §2(Exh. A), 2019; Ord. No. 9, §2, 2022; Ord. No. 13, §2, 2024; Ord. No. 9, §2, 2025; Ord. No. 11, §2, 2025)