Serve as the department head, and manage the day-to-day and long range functions of the planning and building department;

Perform all of the functions designated by Government Code Section 65103;

Have the responsibility and authority to conduct public hearings and approve or disapprove applications for zoning clearances, sign permits, limited term permits, design review, minor use permits, and minor variances;

Perform the duties and functions assigned to the director by this title; and

Perform any other responsibilities assigned by the town manager.

General Rule. A nonconforming use of land may be continued, provided that the use shall not be enlarged or increased, nor be extended to occupy a greater area of land than it lawfully occupied before becoming nonconforming. Exception: see Section 13.72.040 regarding single-family dwellings.

Nonconforming Use in a Conforming Structure. A nonconforming land use within a conforming structure may be expanded or replaced with minor use permit approval, as follows:

Nonconforming Use in a Structure Previously Permitted. Notwithstanding any other provision of this zoning ordinance, a previous use allowed under a use permit in a structure in the ILT district may be expanded or replaced with a use that would otherwise be disallowed, where the planning director finds that the proposed use is compatible with surrounding uses and will not create any nuisances (e.g. unacceptable noise, vibration, glare, fire and explosion hazards, radio or electrical disturbances, air pollution or odors, liquid and solid wastes or other factors) which will detrimentally affect the land in the vicinity of the proposed use or the physical environment of the town, with a zoning clearance approval under the pre-existing use permit. The planning director may impose reasonable conditions concerning hours of operation and other conditions of operation as part of this process.

Changes to, or Expansion of a Structure. A nonconforming structure may be changed or expanded, as follows.

Nonconforming Parking. See Section 13.36.040(F).

Maintenance and Repair. A nonconforming single-family dwelling may be maintained and repaired at the discretion of the owner. A multifamily or nonresidential structure may be maintained and repaired, provided that:

Seismic Retrofitting and Building Code Compliance. Repairs, alterations or reconstruction to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed, provided that the work is exclusively to comply with applicable earthquake safety standards and the building code.

If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of twelve months or more, all rights to legal nonconforming status shall terminate.

The director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation.

Any further use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this title.

If the cost of repairing or replacing the damaged portion of the structure is fifty percent or less of the assessed value of the structure immediately before damage, the structure may be restored to no more than the same size and use, and the use continued, if the restoration is started within one year of the date of damage and is diligently pursued to completion.

Minor use permit approval shall be required if the cost of repairing or replacing the damaged portion of the structure is more than fifty percent of the assessed value of the structure immediately before damage. Minor use permit approval shall require a finding, in addition to those contained in Section 13.62.050(F), that the benefit to the public health, safety or welfare exceeds the detriment inherent in the restoration and continuance of a nonconformity.

Amortization Schedule and Effect of Termination Requirement.

Notice. Upon determination that the provisions of this section apply to a given parcel of land, the director shall send a notice by certified mail, return receipt requested, to the owner as shown on the current assessor's tax roll, shall cause the property to be posted with a similar notice, and shall publish the notice at least once in a newspaper of general circulation.

Appeal. The owner of any parcel upon which a nonconforming structure or use is being maintained may appeal the length and/or the imposition of the required amortization period by submitting a written appeal, on a form provided by the director and accompanied by any required fee in compliance with the town fee schedule within thirty days of the date on the notice.

Hearing. Within sixty days after receipt of an appeal, the council shall hold a public hearing to determine whether the nonconformity should be abated as indicated in the notice, or whether a time extension should be granted as provided in subsection (C)(6).

Decision and Order. The decision of the council and supporting findings shall be in the form of a written order and shall be served upon the property owner personally or by certified mail, return receipt requested, within ten days after the decision is rendered. The order shall also be recorded in the office of the county recorder. The order shall be binding upon the owner, and the owner's successors, heirs, and assignees.

Extension of Time.

Approved Subdivision. The parcel was created by a recorded subdivision;

Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming;

Variance or Lot Line Adjustment. The parcel was approved through the variance procedure or resulted from a lot line adjustment; or

Partial Government Acquisition. The parcel was created in compliance with the provisions of this title, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than twenty percent and the yard facing a public right-of-way was decreased not more than fifty percent.

An appeal in compliance with this chapter may be filed by any aggrieved person, except that in the case of a decision on a use permit, minor use permit, and/or other commission decision that followed a public hearing, an appeal may only be filed by a person who, in person or through a representative, appeared at the public hearing in connection with the decision being appealed, or who otherwise informed the town in writing of the nature of their concerns before the hearing.

A land use permit or other decision by the commission that followed a commission public hearing may be appealed by any member of the council to the council.

Affirm, affirm in part, or reverse the action, determination or decision that is the subject of the appeal;

Adopt additional conditions of approval, that may address issues or concerns other than the subject of the appeal;

Disapprove the land use permit approved by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval; and

In the case of an appeal of a commission decision to the council, the council may choose to not conduct a hearing on the appeal, based on their review of the report and commission decision. This action by the council shall constitute affirmation of the decision being appealed.

The amendment is internally consistent with all other provisions of the general plan;

The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the town; and

The affected site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for proposed or anticipated uses and/or development.

Findings required for all zoning map/ordinance amendments:

Additional finding for zoning map amendments: The affected site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designation and proposed or anticipated uses and/or development.