A.   Purpose: The purpose of this section is to encourage provision of a wider variety of dwelling units, a mix of housing types that responds to changing family needs, a means for residents to remain in their neighborhoods, as well as allowing new housing while preserving the existing neighborhood character.

   B.   Applicability: Accessory dwellings are permitted in all residential, commercial, and mixed use zoning districts, provided they are in compliance with the provisions set forth in this section. If conflicts occur between these and other standards of this title, the more restrictive shall apply.

   C.   Accessory Dwelling Standards:

      1.   Accessory Residential Unit: An accessory residential unit is a second dwelling unit either within or added to an existing detached single-family dwelling, or constructed as a separate accessory structure on the same lot as the single-family dwelling. The accessory unit functions as a complete, independent living facility, with provisions within the unit for a separate kitchen, bathroom, and sleeping area. All standards of this code shall be met, except as modified herein.

      2.   Density: One accessory residential unit may be allowed as an accessory use to a primary single-family dwelling on any residential lot that meets the minimum lot size of the applicable residential district. Accessory dwelling units will not be counted in density calculations.

      3.   Unit Size: An accessory residential unit shall not exceed seven hundred fifty (750) square feet in size and shall not have more than one bedroom or sleeping room.

      4.   Off Street Parking: If on street parking is available adjacent to the primary dwelling and off site parking standards are met for the primary dwelling, only one additional off street parking space shall be required for the accessory residential unit. If on street parking is not available for the primary structure, two (2) off street parking spaces shall be provided for the accessory dwelling unit.

      5.   Building Height: The height of the accessory residential unit shall not exceed the height of the main structure or as permitted by the underlying zoning district, whichever is less.

      6.   Orientation And Access: For accessory residential units in structures other than the primary dwelling on a lot, a walkway shall be provided from the unit to the street on which the primary dwelling fronts. The walkway shall be a minimum of three feet (3') wide and shall be finished with a hard, all weather surface. On corner lots, the accessory residential unit may be oriented to a different street than the primary dwelling, and the walkway may be provided to a street other than the front street. If the entrances to both the primary and accessory dwelling unit face the same street, the entrance to the accessory dwelling unit shall be minimized in appearance.

      7.   Design Compatibility: In order to maintain an exterior consistent with the primary dwelling, the accessory dwelling unit shall have siding, roofing materials, exterior paint colors, window trim, and roof style that match that of the primary dwelling unit, unless a case can be made for alternative designs.

      8.   Utility Hookups: Shared or separate utility hookups must comply with city requirements.

      9.   Deed Restriction: A deed restriction shall be recorded requiring that either the primary unit or the accessory unit be owner occupied.

      10.   Substandard Lots Prohibited: Subdivision or other lot split into substandard lots shall be prohibited. (Ord. 3064, 2021; Ord. 3044, 2020: Ord. 2896, 2011: Ord. 2846 § 1, 2008)

   A.   Residential Zoning Districts: Accessory structures are permitted by right in all residential zoning districts, subject to the following:

      1.   Dimensional Requirements:

         a.   The combined footprint of all accessory structures shall be no larger than the square foot area of the primary structure;

         b.   Accessory structures may not exceed the height of the primary structure, measured at the peak, or twenty feet (20') in height, whichever is greater;

         c.   Accessory structures shall not be located within the front yard setback, nor the corner setback as required by the underlying zoning district;

         d.   Container units, railroad cars, semitrailers, or the like shall not be used as or considered accessory structures;

         e.   Accessory structures greater than two hundred (200) square feet shall a maintain a minimum five foot (5') interior side and rear yard setback;

         f.   Accessory structures less than two hundred (200) square feet in size shall be subject to retaining all stormwater on site and maintaining the required fire separation of the building code;

         g.   In no event shall accessory structures be located within designated easements.

      2.   Nondimensional Requirements:

         a.   No accessory structure shall encroach upon or interfere with the use of any adjoining property or public right of way including, but not limited to, streets, alleys and public and private easements;

         b.   An accessory structure shall comply with all of the requirements of the international building code, as adopted. Building permits shall be obtained for accessory structures as required by adopted building codes;

         c.   An accessory structure that is nonconforming is subject to the provisions of section 17.01.170 of this title, when alteration, expansion or reconstruction is requested;

         d.   The erection of video programming receiving dishes or antennas shall meet the requirements of the federal communications commission.

      3.   Over The Air Reception Devices: All over the air reception devices, except as otherwise regulated by wireless communication facilities (title 15, chapter 15.42 of this code), shall meet the requirements of the federal communications commission.

   B.   Commercial And Mixed Use Zones: Accessory structures are permitted in all commercial and mixed use zoning districts, subject to the following:

      1.   The site shall maintain compliance with all development standards, including, but not limited to, setbacks, height, lot coverage, and landscaping requirements, of the underlying zoning district. All accessory structures shall comply with all requirements of the international building code. Building permits shall be obtained for accessory structures as required by adopted building codes.

      2.   All over the air reception devices, except as otherwise regulated by wireless communication facilities standards (see title 15, chapter 15.42 of this code), shall meet the requirements of the federal communications commission.

   C.   Industrial And Employment Zones: The following standards apply to accessory structures in the OP, LI, and I zoning districts:

      1.   The site shall maintain compliance with all development standards, including, but not limited to, setbacks, height, lot coverage, and landscaping requirements, of the underlying zoning district. All accessory structures shall comply with all requirements of the international building code. Building permits shall be obtained for accessory structures as required by adopted building codes.

      2.   All over the air reception devices, except as otherwise regulated by wireless communication facilities (title 15, chapter 15.42 of this code), shall meet the requirements of the federal communications commission. (Ord. 3075, 2021: Ord. 3044, 2020: Ord. 2896, 2011: Ord. 2846 § 1, 2008)

The purpose of this section is to provide minimum standards, regulations, and permits for the location, operation, and use of manufactured/mobile home and recreational vehicle parks within the city. The provisions of this section shall apply to the layout, construction, and location of manufactured/mobile home and recreational vehicle parks, and any structure proposed to be utilized within the park area.

   A.   Application To Existing Manufactured/Mobile Home And Recreational Vehicle Parks: Manufactured/mobile home and recreational vehicle parks lawfully established, existing, and in use at the time of the passage hereof may be continued although such park may not conform to the provisions of this section. Expansion of existing legal, nonconforming parks requires compliance with current applicable codes.

   B.   Manufactured/Mobile Home Park Standards: New manufactured/mobile home parks are a permitted use only in residential high density zoning districts and only through the planned unit development process (see section 17.02.140 of this title).

      1.   Manufactured/mobile home parks shall encompass a minimum of three (3) acres.

      2.   Manufactured/mobile home space size requirements shall be:

         a.   A minimum of two thousand nine hundred (2,900) square feet with a minimum width of thirty feet (30') to accommodate a home not exceeding nine hundred eighty (980) square feet within its walls.

         b.   A minimum of four thousand (4,000) square feet with a minimum width of forty feet (40') to accommodate a home exceeding nine hundred eighty (980) square feet within its walls.

      3.   Manufactured/mobile home space coverage shall not exceed that permitted by the underlying zoning district standards.

      4.   The maximum height of any structure shall not exceed twenty five feet (25').

      5.   Manufactured/mobile homes and accessory structures shall be located to provide a minimum front yard of ten feet (10') measured from the edge or curb of the road to the wall line of the structure. At all times, a distance of fifteen feet (15') shall be maintained between all structures, whether they be manufactured/mobile homes, covered patios, accessory buildings, or structures of any kind. Additionally, a side yard of four feet (4') shall be maintained on the left side (commonly referred to as the off side from the mobile home entrance) between the lot line and the nearest structure.

      6.   Accessory structures, such as patio covers, storage buildings, etc., shall be permitted provided they are noncombustible, portable, or prefabricated, and the design and placement are similar in appearance to the manufactured/mobile home. Permanent structures with foundations are prohibited.

      7.   All streets and utilities within a manufactured/mobile home park shall be constructed to city of Pocatello standards. Occupancy permits will not be issued until required improvements are inspected and approved by city officials.

      8.   At least two (2) off street parking spaces shall be provided for each manufactured/mobile home space.

      9.   Stormwater facilities and detention areas shall meet city of Pocatello standards and shall be reviewed and approved by the city environmental engineer.

      10.   A minimum of fifteen percent (15%) of the net acreage shall be dedicated to or reserved as usable common open space, designed for either active or passive recreation. Driveways, parking lots, streets, and required yard area shall not be considered open space.

      11.   An area to provide for storage of boats, campers, trucks, or any equipment that would tend to crowd or detract from any trailer space shall be provided. This area shall be graveled or paved, fenced, isolated and screened from trailer spaces. The minimum size of the area shall be not less than one hundred (100) square feet for each trailer space.

      12.   Manufactured/mobile home parks shall have a fifteen foot (15') wide landscaped buffer around the boundaries of the park as required by the standards of section 17.05.270, "Transitional Landscape Buffers", of this title.

   C.   Recreational Vehicle Park Standards: New recreational vehicle parks shall be permitted by conditional use permit in commercial general and light industrial zoning districts only. The proposed expansion of an existing park requires approval of a conditional use permit and adherence to current standards.

      1.   Recreational vehicle parks shall encompass a minimum of three (3) acres.

      2.   Central facilities shall include a water supply and toilet and shower facilities installed and maintained in accordance with city adopted plumbing codes in effect at the time of park construction.

      3.   Recreational vehicle spaces shall have:

         a.   A minimum of one thousand eight hundred (1,800) square feet, with width not less than twenty five feet (25') and length not less than fifty feet (50').

         b.   A minimum front yard of ten feet (10') and minimum side and rear yards of five feet (5'), measured from space boundaries to the parking pad, shall be landscaped.

         c.   A minimum of one frostproof exterior culinary water supply spigot.

         d.   A minimum of one off street, paved parking area not less than nine feet by twenty feet (9' x 20').

      4.   Recreational vehicle parks shall have a fifteen foot (15') wide landscaped buffer as required by the standards of section 17.05.270, "Transitional Landscape Buffers", of this title.

      5.   A minimum of fifteen percent (15%) of the net acreage shall be dedicated to or reserved as usable common open space, designed for either active or passive recreation. Driveways, parking lots, streets, and required yard area shall not be considered open space.

      6.   No permanent structures shall be permitted on individual recreational vehicle spaces.

      7.   Waste disposal facilities for recreational vehicle parks shall be provided in accordance with state codes and this code.

      8.   All internal park roadways shall be at least twelve feet (12') wide per travel lane and eight feet (8') wide per parking lane and meet city requirements for construction. Dead end roadways shall provide adequate vehicle turning space or cul-de-sac with not less than a forty foot (40') radius exclusive of parking. A secondary access may be required per this code.

      9.   All utilities shall be underground.

   D.   Manufactured Homes On Individual Lots: Any manufactured home proposed for placement on an individual lot outside of a manufactured/mobile home park shall meet the following standards:

      1.   Be an insignia home;

      2.   Be multisectional and enclose a space of not less than one thousand (1,000) square feet, not including garage or other noninhabitable space;

      3.   Be placed on a permanent foundation that meets the applicable building codes;

      4.   Have a pitched roof with not less than a three to twelve (3:12) ratio;

      5.   Have exterior siding and roofing which in color, material, and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings;

      6.   Adhere to all performance standards required by the underlying zoning district, such as, but not limited to, lot size and coverage, parking provisions, height, and setbacks.

   E.   Additional Standards: The provisions of title 15, chapter 15.40 of this code shall also apply in addition to the standards contained in this section, except in cases where the provisions of title 15, chapter 15.40 of this code and this section are in conflict, in which case the requirements of this section shall prevail and control. (Ord. 2896, 2011: Ord. 2846 § 1, 2008)

   A.   Intent: The intent of this section is not to allow circumvention of zoning restrictions on commercial activity within a residential zoning district. Rather, the intent is to provide, under limited circumstances, for the additional use of residential properties for certain nonresidential activities. In general, a residential structure or accessory to the residential structure within a residential zoning district may be used for limited business purposes only if the premises are primarily a residence whose occupants are also conducting limited commercial activities at that location. The commercial activity must be such that it can be conducted without negatively impacting the health, safety or general welfare of the neighborhood, unduly increasing traffic or noise, or substantially changing the residential character of a neighborhood. If the home occupation does not meet these general criteria and the standards set out below, the use is not permitted.

   B.   Standards: All home occupations shall be subject to the following standards:

      1.   A home occupation certificate must be filed with the planning and development services department.

      2.   The presence or pursuit of the home occupation shall not result in any nuisance condition or excessive noise, as defined by this code, nor shall the approval of a home occupation certificate allow circumvention of any other city codes.

      3.   All persons involved in carrying out the home occupation, whether family members, proprietors, partners, or co-equal shareholders, must have as their primary residence the same dwelling unit as that housing the home occupation, with no on site assistance from other persons or employees. Employees who meet the business owner off site to perform work related activities shall be permitted, provided they do not come to the home.

      4.   The dwelling unit must be suitable for use for the home occupation without modifications except as specified hereafter. Remodeling or modification of any portion of the dwelling unit or accessory structure to be used in the course of the home occupation shall be prohibited if it would change the character, use, or occupancy classification of the dwelling as set forth in the currently adopted building code. Remodeling and modifications necessary to accommodate handicapped persons shall be allowed, provided applicable building permits have been issued.

      5.   No oversized vehicle as defined in section 10.08.090 of this code, or any vehicle which by virtue of dimensions, gross vehicle weight or declared use is required by Idaho Code to display, or does display, commercial or apportioned registration plates, may be used or stored on site or on street in carrying out the home occupation.

      6.   No assets, inventory or raw materials used in a home occupation shall be displayed or stored outdoors. No hazardous materials, as determined by the Pocatello fire department, may be stored at the site of the home occupation.

      7.   Hours of operation shall be limited to no earlier than six thirty o'clock (6:30) A.M. and no later than nine o'clock (9:00) P.M. Outdoor activities of the home occupation, if any, shall not be permitted earlier than eight o'clock (8:00) A.M. or later than seven o'clock (7:00) P.M.

      8.   Sales and services to patrons shall be arranged by appointment and scheduled so that no more than one patron vehicle is on the premises at any one time.

      9.   Delivery vehicles must meet all truck route regulations of this code.

   C.   Prohibited Uses: The following uses shall not be permitted as a home occupation: auto repair; manufacturing; adult entertainment; and those of similar classification as determined by the Planning Director.

   D.   Enforcement: In addition to the other remedies contained within this title, any violation of the terms of an approved home occupation certificate shall result in revocation of the certificate. (Ord. 3132, 2023: Ord. 2846 § 1, 2008)

A single-unit dwelling, a duplex, or a townhouse as defined in section 17.01.150 of this title may be used as a boarding house for two (2) households per unit provided a boarding house permit and a city license as provided in title 5, chapter 5.68 of this code are obtained and maintained in good standing by the owner. The following regulations apply:

   A.   No more than two (2) households per dwelling unit shall be allowed. Boarding house occupancy shall not be allowed in triplex or other multiplex buildings.

   B.   Boarding houses may be allowed outright in RMM and RH zoning districts and in commercial and mixed use zoning districts subject to conditions contained in sections 17.05.610 and 17.05.620 of this title, provided that all conditions for boarding house permits/licensing can be met.

   C.   Permittees must acquire a license prior to instituting such use and must maintain the license in good standing throughout the duration of use of the property as a boarding house. See title 5, chapter 5.68 of this code for standards and requirements.

   D.   In addition to the occupancy limits prescribed by the international residential code, international building code, and uniform housing code as adopted by the city, occupancy of a boarding house shall be limited to the number of off street parking spaces available. Provided, however, there must be a minimum of one off street parking space per dwelling unit, regardless of occupancy category of the tenants. Applicants may request that up to half of the off street parking space requirements be met by leasing or otherwise providing parking spaces on adjacent property. The city attorney shall determine if the lease or agreement provides adequate use of the necessary spaces. Applicants whose existing premises cannot meet parking space/tenant ratio requirements may receive limited relief from said requirements from city staff for one more tenant than the number of available off street parking spaces. Applicants who desire any other relief from these parking/tenant ratio requirements may apply for a variance.

   E.   The site must have either a total of five hundred (500) square feet, or one hundred (100) square feet per bedroom, whichever is greater, of landscaping in the front yard.

   F.   A minimum of two hundred (200) square feet per person per dwelling unit and the minimum square footage requirements for sleeping quarters set by building and housing codes as adopted by the city shall apply.

   G.   The name, address, and phone number of a local (within the greater Pocatello area) site manager must be provided on the application and the phone number information must be posted in the form of a sign at least six inches by eight inches (6" x 8") and no greater than two (2) square feet in size located on the front of the building, along with the city license number. All such information must be kept current and maintained so as to be clearly legible. No separate sign permit or fee is required.

   H.   New construction should be designed and configured so as to resemble a single-unit dwelling or two-unit dwelling to blend with the other residential buildings in the area. Other conditions for site development may include, but are not limited to, restrictions on outside lighting, specifications for ingress and egress from parking lots; erection of sight obscuring fencing, and other measures to mitigate adverse effects on surrounding residents.

   I.   Conversion of an existing house or two-unit dwelling to a residential rental dwelling used as a boarding house for more than one household per dwelling unit shall be considered a change of use and provisions of the uniform or international building code as adopted by the city will be required. No permit may be issued until proof of compliance is provided. (Ord. 2846 § 1, 2008)

   A.   Purpose: Wind energy conversion systems (WECS) standards governing wind energy conversion systems are established to provide for appropriate locations for wind energy conversion systems, to ensure compatibility with surrounding uses, and to promote safe, effective and efficient use of wind energy conversion systems to increase opportunities for the generation of renewable energy.

   B.   Applicability: The following standards shall apply to WECS. For the purposes of this section, the term "site" shall be defined as any plot or parcel of land or combination of contiguous lots or parcels of land upon which a WECS is proposed to be situated.

      1.   Small wind energy conversion systems are sixty five feet (65') or less in height with a capacity of twenty five (25) kilowatts or less. Roof mounted and tower wind energy conversion systems shall be allowed subject to the standards of this section in the following zoning districts: residential medium density single- family, residential low density, residential estate, neighborhood commercial, commercial general, residential/commercial/professional, office park, light industrial, industrial, airport and public land/facility. A maximum of one tower is allowed per site.

         a.   Applicants for towers in residential zoning districts shall provide a mailing list of owners of property adjoining the site in question. The city shall send notice of the application to these property owners.

         b.   A twenty one (21) day waiting period shall be required prior to the issuance of any building permit to allow any notified adjoining property owner the opportunity to make a written request to the planning and development services department for a hearing before a hearing examiner. The twenty one (21) day waiting period shall begin on the day the notice of application is deposited by the city in the U.S. mail to the adjoining property owners.

         c.   In the event a hearing is held before a hearing examiner, the hearing examiner shall make a decision based upon the standards contained in this section to approve, approve with conditions, or deny the application for a building permit. The applicant or other affected persons may appeal the hearing examiner's decision to the city council in accordance with section 17.02.400 of this title.

      2.   Medium wind energy conversion systems are one hundred twenty feet (120') or less in height with a capacity of one hundred (100) kilowatts or less. One tower per site shall be allowed subject to the standards of this section in the following zoning districts: commercial general, light industrial, industrial, airport, and public lands/facilities zoning districts. Medium wind energy conversion systems are allowed subject to a conditional use permit in the following zoning districts: residential low density, residential estate, neighborhood commercial, and residential/commercial/professional. A conditional use permit is required for applications involving multiple towers per site.

      3.   Large wind energy conversion systems are greater than one hundred twenty feet (120') in height with a capacity exceeding one hundred (100) kilowatts. One tower or more may be allowed with an approved conditional use permit in commercial general, light industrial, industrial, airport, and public lands/facilities zoning districts.

   C.   General Standards: The following standards apply to all wind energy conversion systems, regardless of size or the zoning district location of the WECS:

      1.   Setbacks: All WECS towers shall be set back from property lines on all sides a minimum of the distance equal to the overall height of the WECS. The required setback distance may be less than the overall height of the WECS if an easement from an adjoining property owner is provided in writing and recorded with the recorder of the county where the property is located, which easement must provide the remaining distance required for the setback to be met and which is not available within the WECS applicant's property boundary.

      2.   Distance Requirements From Other WECS Bases: No WECS tower shall be erected within five (5) swept area diameters or five (5) rotor blade lengths, whichever is greater, of another WECS base which is owned by a different party. The swept area diameter of the larger of the two (2) WECS bases shall be used to compute the required distance between the towers.

      3.   Warning Sign: At least one weatherproof sign no less than eight inches by ten inches (8" x 10") in size shall be posted in conspicuous view on the tower base or on the fenced enclosure around the tower base to warn of hazards and to post no trespassing. No sign permit is required for the afore described warning sign. No other signage shall be permitted on the WECS base, tower or wind turbine.

      4.   Guyed Towers; Fences: No guyed towers shall be allowed unless said guys and towers are fenced. A property perimeter fence shall satisfy this requirement.

      5.   Tower Climbing Apparatus: Tower climbing apparatus shall be no less than twelve feet (12') above the ground, or shall be enclosed by a security fence at least six feet (6') in height with a locked gate. A separate fence permit is required.

      6.   Location Restriction: No part of any WECS shall be installed in the front yard setback required in any zoning district.

      7.   Rotor Blade Distance From Ground: The longest reach of any wind turbine rotor blade shall be at least fifteen feet (15') from the ground or any structure situated beneath the swept area.

   D.   Wind Energy Conversion System Wind Turbine Standards:

      1.   Wind Turbines On Small WECS: The noise generated from operating a wind turbine on a small WECS shall be no greater than fifty five (55) decibels as measured at the point on the property line of the nearest adjoining property nearest to where the wind turbine is located.

      2.   Wind Turbines On Medium WECS: The noise generated from operating a wind turbine on a medium WECS shall be no greater than sixty (60) decibels as measured at the point on the property line of the nearest adjoining property nearest to where the wind turbine is located.

      3.   Wind Turbines On Large WECS: The noise generated from operating a wind turbine on a large WECS shall be no greater than sixty five (65) decibels as measured at the point on the property line of the nearest adjoining property nearest to where the wind turbine is located. Tower bases shall be located to avoid interference with microwave reception and transmission signal pathways which were in place prior to the installation of the tower base.

   E.   Application: An application for a WECS shall be filed with the building department or if a conditional use permit is required, with the planning and development services department. Payment of application and permit fees, which are set from time to time by resolution of the city council, and the following information is required for a WECS application regardless of whether the application is in conjunction with a conditional use permit or a building department permit application:

      1.   Site Plan: The applicant shall submit a site plan containing the following information:

         a.   The name and address of the owner of record of the property upon which the proposed WECS is to be installed;

         b.   The location and a written legal description of the boundaries of the property upon which the proposed WECS is to be installed;

         c.   The location and dimensions of any proposed parking areas, roads and other site improvements on the property upon which the proposed WECS is to be installed;

         d.   Any existing and all proposed grading, removal or placement of vegetation and water features on the property upon which the proposed WECS is to be installed;

         e.   The location of existing and proposed power lines on the property upon which the proposed WECS is to be installed;

         f.   The location and perimeters of existing and proposed easements on the property upon which the proposed WECS is to be installed; and

         g.   The location of all underground utilities, including water and sanitary sewer lines, on the property upon which the proposed WECS is to be installed.

      2.   Additional Materials: The applicant shall also submit the following materials in addition to the site plan:

         a.   A scaled drawing of the proposed WECS structure(s), including height above the ground, size of swept area, blade size, and location within the property boundaries;

         b.   A photo simulation of the proposed WECS, including the wind turbine and base;

         c.   The characteristics and performance data on the WECS, including the type and material of the structure; type, size and material of the blades; specific information on performance, noise, and safety; and shutdown features and procedures;

         d.   Acknowledgment by applicant that all applicable federal aviation regulations have been met;

         e.   The construction schedule and time lines for completion of the WECS; and

         f.   Copies of any easements required to meet setback standards.

      3.   Additional Requirements For Large WECS: An analysis of potential environmental impacts of any proposed large WECS shall be submitted. Said analysis shall include an evaluation of any impacts on bird habitat and migratory patterns.

   F.   Maintenance And Abandonment: Any WECS approved under the provisions of this section shall be subject to revocation, and the WECS may be declared a dangerous nuisance by the director of the planning and development services department upon violation of any of the following provisions:

      1.   Maintenance: The owner of the WECS shall keep all of its components in good operating condition and shall operate the system on a regular basis, except for necessary maintenance and repair.

      2.   Abandonment: A WECS shall be deemed to be abandoned by the director if any one of the following events occur:

         a.   The WECS is not operating on a regular use basis, except for necessary maintenance and repair. "Regular use" shall be defined as the operation of the WECS in an established pattern, e.g., seasonal use or intermittent use on a regular basis, with an average regular use period of six (6) months or more in any calendar year.

         b.   Substantial construction of the WECS has not begun within twelve (12) months from the date of issuance of the WECS permit.

      3.   Abatement Of Nuisance: In the event the director determines that a WECS is abandoned and is a dangerous nuisance, the director may direct said nuisance to be abated pursuant to the terms of section 9.16.160 of this code. (Ord. 2885, 2010)