The following permits may be approved to allow the conduct of uses or the construction of structures that are not otherwise permitted by this Ordinance. (Ord. 132, 6-10-1997)

   A.   General Conditions: Temporary use permits may be issued by the Town Manager for the following and similar temporary uses:

      1.   Temporary buildings and uses related to construction; such as temporary real estate offices, construction site temporary buildings, manufactured homes and travel trailers, building materials, construction equipment, and lumber storage and cutting lumber needed during the period of construction. Such temporary facilities may only be installed on the property being developed or sold, and may only remain on the site during the period of construction or sale. Such facilities may only be permitted for one year, although the Town Manager may, upon receipt of a written request, approve subsequent extensions if the need for the facilities continues to exist. Such temporary facilities must be removed from the subject property within ten (10) days of completion of the construction, or sale, whichever occurs first. Such temporary facilities are also subject to all setback, height, yard, parking and lot coverage regulations of the zone in which they are located.

      2.   Temporary or seasonal events, such as, but not limited to, circuses, carnival grounds, Christmas tree lots, pasture rotations, revivals, horse shows, rodeos, music festivals, used car lots, flea markets, swap meets, and charity events: The Town Manager may, upon receipt of a written request, approve zoning clearance for such uses.

   B.   Application Processing: Temporary use permit applications for buildings and related construction must be accompanied by a site plan and the applicant's statements describing how the proposed temporary use would:

      1.   Be compatible with the surrounding neighborhood.

      2.   Not seriously interfere with existing uses on adjacent properties, or with the purpose of the zone in which it would be located.

      3.   Not impose an undue burden on any public improvements, facilities, utilities, or services available to the area. (Ord. 132, 6-10-1997)

   A.   General Provisions: Site plans not associated with any other permit may be approved by the Town Manager.

   B.   Evaluation Criteria: Site plans may be approved by the Town Manager, provided the following findings can be made:

      1.   That the effect of the development of the site on traffic conditions on abutting streets will not be significant, or will be satisfactorily mitigated;

      2.   That the layout of the site with respect to locations and dimensions of signage, storm water and surface water drainage facilities, water and wastewater facilities, vehicular and pedestrian entrances, exits, drives, walkways, off-street parking areas, truck loading, internal circulation, pavement surfacing, outdoor lighting, and provisions for the future extension of intersecting streets is adequate and safe;

      3.   That the plan is appropriate in terms of the general silhouette and location of building mass on the site, the exterior design in relation to adjacent structures in terms of height, bulk, area openings, breaks in facades facing streets, line and pitches of roofs, placement of structures on the property, and in relation to natural plant coverage, and surrounding development neighborhood; and

      4.   Where dwelling units are involved, that adequate outdoor living space will be provided for each dwelling unit proposed for the site. (Ord. 132, 6-10-1997)

   A.   General Requirements:

      1.   Except as otherwise required by law, a lot, structure, or use legally established before the adoption of the Ordinance codified herein, and in conflict with the Ordinance codified herein, is considered a legal nonconformity and may be maintained or continued unchanged.

      2.   Any legally existing lot which is nonconforming because of the width or area requirements of this Ordinance may be used for any use permitted in the zone within which it lies, and any permitted structure may be built upon it, provided the use or structure can be developed to meet all other applicable regulations.

      3.   In other than criminal proceedings, the owner, occupant, or user shall have the burden of showing that a nonconforming lot, use, or structure was lawfully established prior to the effective date of the Ordinance codified herein.

   B.   Discontinuance:

      1.   Uses: Any lot or structure, or portion thereof, occupied by a nonconforming use, which is or hereafter becomes vacant and remains unoccupied by the same nonconforming use for one year, shall not be thereafter be occupied, except by a use which conforms to this Ordinance.

      2.   Structures: Any nonconforming structure destroyed by fire, explosion, act of God, or act of the public enemy to the extent of seventy five percent (75%) or more of its value, according to an appraisal thereof by competent appraisers, then and without further action by the Town, must be discontinued and the future use thereof, from and after the date of such destruction, shall be subject to all the regulations of this Ordinance.

   C.   Expansion: A nonconforming use or structure may be enlarged, extended, structurally altered, changed or modified with approval of a permit by the Planning and Zoning Commission after a public hearing has been held on the proposed action. Nonconforming uses and structures may be expanded up to fifty percent (50%), provided such expansion can meet all applicable development standards.

   D.   Permit Application; Processing: Applications for permits to modify a nonconforming use or structure may be approved by the Planning and Zoning Commission after a public hearing. Such applications must include:

      1.   A scale drawn site plan showing the existing and proposed development of the property.

      2.   Statements demonstrating how the proposed modification will meet the criteria for such modifications.

      3.   The names and addresses of all abutting property owners who will be notified by the Town of the public hearing date for consideration of the application.

   E.   Permit Evaluation Criteria: A permit for a modification to a nonconformity may be approved by the Planning and Zoning Commission if it can be shown that it will:

      1.   Assure:

         a.   Adequate control of disruptive activities both inside and outside of premises which might prove a nuisance to surrounding properties;

         b.   Compatibility with existing surrounding uses and structures; and

      2.   Not result in:

         a.   Significant increases in vehicular or pedestrian traffic in adjacent areas;

         b.   Additional nuisances arising from the emission of odor, dust, gas, noise, vibration, smoke, heat, or glare;

         c.   Contributions to the deterioration of the neighborhood, or the reduction of property values. (Ord. 132, 6-10-1997)

   A.   General Provisions: Planned area developments may be permitted in order to provide developers with the flexibility to develop larger scale projects with special designs and mixes of uses to take into consideration unique geographic characteristics, adjacent land uses, or other particular community objectives related to the project site.

   B.   Permit Application; Processing: A permit for a planned area development (PAD) may be approved by the town council in accordance with the procedures set forth in section 10-9-2 of this ordinance. The town council may attach such conditions of approval to the plan that it deems necessary to make the proposed plan acceptable to the town. Planned area developments must meet the use limitation and development standards of the zone in which they are proposed, except that specific development standards may be modified in the approved development plan. Planned area development permit applications must be filed by all owners of the property to be developed and must include:

      1.   A scale drawn site plan for the proposed project.

      2.   Evidence that the proposed project meets the following criteria:

         a.   The proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the area.

         b.   The arrangement of structures and open space will assure that adjacent properties are not significantly adversely affected.

         c.   The development is planned as one complex land use rather than as an aggregation of individual and unrelated buildings and uses.

         d.   The property proposed for the planned development is adequate in size for the proposed development to accomplish the purposes of this section.

   C.   Concept Plan: An applicant may choose to submit a concept plan for approval prior to submitting a scale drawn site plan. In that case, the applicant will have to go through the same approval process for the scale drawn site plan after approval of a concept plan.

   D.   Special Development Regulations:

      1.   Uses: Planned developments may include those uses permitted in the zone within which they are located, as well as neighborhood commercial uses.

      2.   Density: Up to a ten percent (10%) density bonus may be permitted for residential planned area developments that provide particular benefits to the community.

   E.   Amendments: Amendments to approved planned area development plans may be made by following the same procedures required for initial approval. (Ord. 132, 6-10-1997)

   A.   General Provisions: Permits for uses allowed only by special use permit may be approved by the town council upon recommendation by the planning and zoning commission after a public hearing. The planning and zoning commission may recommend and the town council may attach such conditions of approval to a permit for a special use to make it meet the criteria noted below. Special use permits may be approved for the noted uses under special conditions and in specific locations, even though such uses may not be allowed under the general conditions of the zone in which they will be located.

   B.   Application Process: Applications for special use permits must be accompanied by a scale drawn site plan and the applicant's statements describing how the proposed use would meet the criteria for approval of such a permit. Drainage and traffic plans and other information relating to the proposed use may also be required at the discretion of the town. (Ord. 04-242, 1-11-2005)

   C.   Evaluation Criteria: No special use permit shall be issued unless evidence is available to indicate that the proposed use will:

      1.   Be located, designed, and operated in a way that will be compatible with the livability and appropriate future development of abutting properties and the surrounding neighborhood;

      2.   Not seriously interfere with existing uses on adjacent properties, with the character of the area, or with the purpose of the zone in which it is proposed;

      3.   Not impose an undue burden on any public improvements, facilities, utilities, or services available to the area.

   D.   Amendments And Expiration:

      1.   If a special use is abandoned or discontinued for one year, the permit for the use becomes void without further action by the town and the use may not be reestablished without approval of a new permit.

      2.   The granting of a special use permit does not exempt the applicant from compliance with other relevant provisions of related ordinances. Failure to observe those provisions, or the conditions of approval of the permit, are a violation of this ordinance.

      3.   Amendments to special use permits are processed in the same way that applications for initial permits are processed.

      4.   Uses which were permitted outright before adoption of the ordinance codified herein, but which require a special use permit under this ordinance, may not be modified without approval of a special use permit.

      5.   Special use permits, and the conditions which were imposed upon them when they were approved, continue in force upon sale or transfer of ownership of the land, premises, or operations, and all successors and assigns are required to observe the requirements made when the permit was issued. (Ord. 132, 6-10-1997)

The town council may allow a departure from the development standards contained in this ordinance upon recommendation by the planning and zoning commission, after a public hearing. A variance shall not be authorized unless the town council finds, upon sufficient evidence, that:

   A.   Special Circumstances: There are special circumstances or conditions applying to the property referred to in the application; and

   B.   Preexisting: Such special circumstances or conditions are preexisting and not created by the property owner or applicant; and

   C.   Necessity: The authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and

   D.   Materially Detrimental: The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity of the property, to the neighborhood, or the public welfare in general. (Ord. 09-315, 4-28-2009)