The provisions of article II establish the zones applied to property within the town, determine how the zones are applied on the official zoning maps, and provide general permit requirements for development and new land uses.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

Each land use and/or structure shall be established, constructed, reconstructed, altered, moved or replaced in compliance with the following requirements.

A.

Allowable use. The land use must be allowed by this zoning ordinance in the zone applied to the site. The basis for determining whether a use is allowable is described in section 16-20.030 (allowable land uses and zoning permit requirements).

B.

Limitation of uses. The use of lands and structures in each zone is limited to the uses listed in the zone regulations for that particular zone as allowed by right or by approval of a conditional use permit, and to the similar or accessory uses which, in the determination of the director pursuant to section 16-20.030, are similar to that listed in each zone.

C.

Permit and approval requirements. Any zoning permit or other approval required by section 16-20.030 (allowable land uses and zoning permit requirements) shall be obtained before the issuance of any required grading, building, or other construction permit, and before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in section 16-20.040 (exemptions from zoning permit requirements).

D.

Development standards, conditions of approval. Each land use and structure shall comply with the development standards of this article, the provisions of article III (general development standards and parking), and any applicable conditions imposed by a previously granted zoning permit.

E.

Legal lot. The site of a proposed development or new land use shall be a lot that was legally created in compliance with the Subdivision Map Act and/or the town's subdivision ordinances.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

Allowable land uses. The uses of land allowed by this zoning ordinance in each zone are listed in section 16-21, table 2-1; section 16-21.030; section 16-22.030; section 16-23.020; section 16-24.030; section 16-25.030; section 16-26.030; section 16-27.030; section 16-28.030; and section 16-29.030 together with the type of zoning permit required. Specific land uses are defined in article X (definitions).

1.

Establishment of an allowable use.

a.

Any one or more land uses identified by the sections listed under subsection A. as being allowable within a specific zone may be established on any lot within that zone, subject to the zoning permit requirements of subsection B., below, and compliance with all applicable requirements of this zoning ordinance.

b.

Where a single lot is proposed for development with two or more of the land uses listed in sections identified in subsection A. above, the overall project shall be subject to the permit requirements established by subsection B. for any individual use.

2.

Use not listed.

a.

A land use that is not listed in the sections identified in subsection A., and is determined by the director to not be included in article X (definitions) under the definition of a listed land use, is not allowed within the town, except as otherwise provided by subsection A.3, or section 16-20.040 (exemptions from zoning permit requirements).

b.

A land use that is not listed in the sections identified in subsection A. within a particular zone is not allowed within that zone, except as otherwise provided in subsection A.3, or section 16-20.040 (exemptions from zoning permit requirements).

3.

Similar and compatible use may be allowed. The director may determine that a proposed use not listed in this article is allowable as follows:

a.

Required findings. The director may determine that a proposed use is similar to and compatible with a listed use and may be allowed only after first making all of the following findings:

(1)

The characteristics of, and activities associated with, the use are similar to one or more of the listed uses and will not involve a greater intensity than the uses listed in the applicable zone;

(2)

The use will be consistent with the purposes of the applicable zone;

(3)

The use will be consistent with the general plan and any applicable specific plan, precise development plan or equivalent permit;

(4)

The use will be compatible with the other uses allowed in the zone; and

(5)

The use is not listed as allowable in another zone.

A determination that a use qualifies as a "similar use" and the findings supporting the determination shall be in writing.

b.

Applicable standards and permit requirements. When the director determines that a proposed, but unlisted, use is similar to a listed use when applying the zoning ordinance, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this zoning ordinance apply.

c.

Referral for determination. The director may refer the question of whether a proposed use qualifies as a similar and compatible use directly to the commission for a determination at a public meeting.

d.

Appeal. A determination of additional uses, similar or accessory to those allowed, may be appealed in compliance with division 16.66 (appeals).

B.

Permit requirements. Division 16-21, table 2-1; section 16-21.030; section 16-22.030; section 16-23.020; section 16-24.030; section 16-25.030; section 16-26.030; section 16-27.030; section 16-28.030; and 16-29.030 provide for land uses that are:

1.

Allowed subject to compliance with all applicable provisions of this zoning ordinance, including site plan and architectural review, where required, and subject to first obtaining any building permit or other permit required by the Municipal Code;

2.

Allowed subject to the approval of a conditional use permit (section 16-52.040); and

3.

Not allowed in particular zones.

A land use authorized through the approval of a conditional use permit may also require site plan and architectural review approval (16-52.020), a building permit, or other permit required by the Municipal Code. Uses listed as allowed by a conditional use permit, as determined by the director or commission as conforming to the purposes of such zone, are not permitted in such zone unless a conditional use permit has been granted.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 552 N.S., § 2(A), 9-3-2014; Ord. No. 564 N.S., § (CC), 4-6-2016; Ord. No. 570 N.S., § 2(A), 5-17-2017; Ord. No. 605 N.S, § 2, 6-21-2023)

The zoning permit requirements of this zoning ordinance do not apply to the land uses, structures, and activities identified by this division. These are allowed in all zones subject to compliance with this division.

Exempt activities and land uses. The following are exempt from the zoning permit requirements of division 16-21, table 2-1; section 16-21.030; section 16-22.030; section 16-23.020; section 16-24.030; section 16-25.030; section 16-26.030; section 16-27.030; section 16-28.030; and section 16-29.030. The following are also exempt from site plan and architectural review in compliance with section 16-52.020 (site plan and architectural review), unless otherwise noted.

1.

Decks and platforms less than three feet above grade; paths. Decks and platforms and their associated components that do not constitute a "structure" as defined herein; paths that do not require a building or grading permit.

2.

Fences and walls three and one-half feet (forty-two inches) or less in height. See section 16-30.040 (fences and walls).

3.

Interior remodeling. Interior alterations that do not increase the gross floor area of the structure, change the permitted use of the structure, or result in any physical exterior alterations to the structure.

4.

Repairs and maintenance.

a.

Single-family and two-family dwellings. Ordinary repairs to, and maintenance of single-family dwellings, provided that the work does not change the approved land use or structure or result in the loss of any dwelling unit.

b.

Multifamily dwellings, and nonresidential structures. Ordinary repairs to, and maintenance of multiunit residential and nonresidential structures, if:

(1)

The work does not change the approved land use of the site or structure, or add to, enlarge or expand the land use and/or structure;

(2)

Any exterior repairs employ the same design, materials, and color as the original construction; and

(3)

The work does not result in the loss of any dwelling unit.

5.

Solar energy systems. Per the requirements of state law, the addition of solar energy systems provided that the collectors comply with applicable height limit requirements.

6.

Minor utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of minor utility lines intended to service existing or nearby approved developments shall be permitted in any zone. Minor utility lines include: water; gas; electric; supply or disposal systems; including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc., but not including new transmission and distribution lines and structures. See section 16-30.110 (public utility lines) for utility undergrounding requirements. Satellite and wireless communications antennas are not exempt, and are instead subject to the provisions of division 16-42 (wireless communication facilities). Site plan and architectural review is required for satellite dishes greater than one meter in diameter and for the placement, replacement or modification of utility distribution poles and facilities, including, without limitation, lines, wires and boxes.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 605 N.S, § 3, 6-21-2023)

A.

Other Municipal Code provisions. If conflicts occur between requirements of this zoning ordinance, or between this zoning ordinance and a precise development plan or other regulations of the town where a discretionary permit is applicable, the most restrictive provision shall apply.

B.

Private agreements. This zoning ordinance is not intended to interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this zoning ordinance became effective. This zoning ordinance applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, without affecting the applicability of any agreement or restriction. It is not the intent of this zoning ordinance to implement private land use standards, such as may be set forth in covenants, conditions and restrictions (CC&Rs), which are generally administered and enforced outside the town's regulatory authority, unless otherwise specifically set forth in the CC&Rs or other private land use document.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)