Who May Initiate. Any action involving a discretionary development permit application may be initiated by application of the owner, or authorized agent for the owner of the property affected by the proposed action. In addition, a zoning change may be initiated by motion of the Town Council on its own initiative.

Where to File. Applications shall be filed in the office of the Planning & Building Department.

Content of Applications. The content of applications shall be in accordance with the policies, rules and regulations of the Planning Officer, the Zoning and Design Review Board, and the Town Council. All applications shall be upon prescribed forms and shall contain or be accompanied by all information required to assure the presentation of a pertinent record. The Planning Officer shall make a written determination when an application is deemed "complete" within 30 days of receipt of the application or within such other time as required by applicable law. The Planning Officer may require the submission of additional information.

Verification. Each application filed shall be verified by at least one owner or his or her authorized agent attesting to the truth and correctness of all facts, statements and information presented.

Filing Date. The filing date of an application shall be the date on which the Planning & Building Department receives the last submission, plans, maps or other material required as a part of that application, unless the Planning Officer agrees in writing to an earlier filing date.

Fees. The application filing shall include a fee and deposit towards application processing as established by resolution of the Town Council.

Concurrent Processing. When a single project incorporates land uses or features so that this Zoning Ordinance requires multiple land use permit applications, the applications shall be processed concurrently and shall be reviewed, and approved or disapproved, by the highest-level review authority established by the requirements of Chapters 17.184 through 17.224 of this title for any of the required applications.

Except as indicated in subsection (A)(2) below, notice of the time, place and purpose of the hearing for an action involving a discretionary development permit shall be given by the Planning & Building Department as follows:

In the case of commercial projects, in addition to the notice required in subsection A above, notice of hearing shall also be physically posted by the applicant on the property in conformance with the following requirements:

In the following situations, notice of hearing shall be given as indicated:

In the event that the number of owners to whom notice would be sent in accordance with subsections A and B of this section is greater than 1,000, notice shall be given at least 10 days prior to the hearing by either of the following procedures:

Reports and Recommendations. In all actions for discretionary development permit applications, the Planning Officer shall make necessary investigations and studies and submit his or her findings together with a report and recommendation at the hearing of the Zoning and Design Review Board or Town Council.

Record. A record shall be kept of the pertinent information presented at the hearing on any action for discretionary permit applications, and such record shall be maintained as part of the permanent public records of the Town subject to the Town's records retention policy. Meeting minutes shall describe actions taken and other relevant information and need not, include a verbatim record.

Continuations. In the case of actions for discretionary permit applications the Zoning and Design Review Board or the Town Council shall determine in which instances the cases scheduled for hearing may be continued or taken under advisement. In such cases, new notice need not be given of the further hearing date, provided such date is announced at the scheduled hearing.

Decisions. The decision of the Town Council, Zoning and Design Review Board, or the Planning Officer shall be in accordance with the provisions of each type of application in Division 5. In the case of variances, the decision of the Zoning and Design Review Board shall, unless deferred upon the request or consent of the applicant, be rendered within 60 days from the date of the hearing's conclusion. Failure of the Zoning and Design Review Board to act within the prescribed time shall entitle the applicant to place the matter before the Town Council for decision at its next regular meeting if a request is made at least one week before that meeting. In the case of actions or recommendations for amendments, design review, planned development review, or an administrative use permit or a use permit, the decision of the Zoning and Design Review Board shall be rendered within 60 days from the date of conclusion of the hearing; failure of the Zoning and Design Review Board to act within the prescribed time shall be deemed to constitute approval.

The decision of the Planning Officer, the Zoning and Design Review Board, or the Town Council, whichever is the appropriate review authority, to approve a discretionary development permit application shall become effective 10 working days following the date of approval, unless a valid appeal has been filed; and

The decision of the Town Council to approve an application for a zoning amendment shall become effective 30 days following the date of final adoption of the ordinance implementing the amendment.

A description of the proposed map or text amendment(s) and the purpose thereof.

Upon receipt of the recommendation of the Zoning and Design Review Board, the Town Council may approve or approve in modified form the proposed amendment(s) if from the facts presented all the following findings can be made:

If the Town Council proposes to adopt any substantial modification to General Plan amendment(s) not previously considered by the Zoning and Design Review Board during its hearing, the proposed modification shall be first referred back to the Zoning and Design Review Board for its recommendation, in compliance with State law.

To preserve and enhance the natural beauty of the land and of the man-made environment, and the enjoyment thereof;

To maintain and improve the qualities and relationships between individual buildings, structures and physical developments which contribute to the amenities and attractiveness of the Town or neighborhood; and

To protect and enhance the uses and buildings throughout town.

Design Review Required. No structure shall be built, expanded, or have its exterior altered, and no building permit shall be issued, unless the design is approved in advance as provided in this chapter.

Improvements Subject to Major Design Review Approval. The following types of improvements are subject to major design review approval as provided in this chapter:

Improvements Subject to Minor Design Review Approval. The following types of improvements are subject to minor design review approval as provided in this chapter:

Improvements Exempt From Design Review. The following physical improvements are exempt from design review procedures and requirements:

Applications for design review shall be initiated by submitting application materials as required by Section 17.180.020, Applications, of this title including the following information to the Planning & Building Department: a completed application form, signed by the property owner(s) or authorized agent, accompanied by the required fee or deposit, and any other information, plans or maps prescribed by the Planning Officer. Application procedures and processing shall be in accordance with State law and procedural guidelines established by the Planning Officer.

The Planning Officer may require the installation of story poles to demonstrate the massing and height of proposed buildings when deemed beneficial to better conceptualize the massing and height to understand how the proposed building(s) relate within the context of surrounding structures. Story poles shall be erected in accordance with the Town's story pole requirements available at the Planning & Building Department and shall be certified for accuracy by a registered land surveyor or civil engineer.

Minor Design Review. The Zoning and Design Review Board, or the Town Council upon appeal, shall approve, conditionally approve, or deny applications for minor design review.

Major Design Review. The Zoning and Design Review Board shall recommend approval, conditional approval, or denial of applications for major design review. The Town Council shall have the authority to approve, conditionally approve or deny applications for major design review.

The proposed development or physical improvement is appropriate for the site with regard to the siting and scale of buildings, pedestrian and vehicular access and circulation, and relationship of structures and open spaces to the streetscape;

The location of structures preserves significant trees, natural features and identified public view corridors;

The project will be compatible with neighboring properties and developments with regard to setbacks, building heights, and massing;

The project will not be detrimental to neighboring properties and developments with regard to the location of parking facilities, siting of trash enclosures, placement of mechanical equipment, and privacy considerations;

The project presents an attractive design, utilizing high-quality building finishes and materials, and design techniques to mitigate potentially bulky building forms, such as modulating varied rooflines, partial upper stories, setbacks for upper story volume and/or a variety of roof forms;

Proposed landscaping provides sufficient visual relief, complements the buildings and structures on the site, and provides an inviting environment for the enjoyment of occupants and the public;

The existing or proposed infrastructure and utility capacity are adequate for the proposed development; and

The proposed project will comply with all applicable provisions of this Title 17 and will be consistent with the policies and standards of the General Plan.

Conceptual Review.

The conceptual review stage is intended to be an informal review of a conceptual description of proposed land uses, site layout and general size and location of proposed structures, providing an opportunity for an applicant to obtain feedback from decision-makers in advance of filing an application for preliminary review as outlined in subsection B below. Conceptual review is not required to file applications for preliminary and final Master Development Plans.

This non-binding review shall not be construed as an official entitlement, or endorsement of any proposed uses, location of proposed structures, or configurations of parcels.

Preliminary Master Development Plan.

The preliminary Master Development Plan is intended to establish a set of documents and conditions of approval which will regulate the subdivision or development whether it occurs in phases by a single owner or developer, or in smaller increments by separate owners or developers. The preliminary Master Development Plan shall establish the following for the site:

Final Master Development Plan.

The final Master Development Plan is intended to establish a detailed set of documents, plans and conditions of approval which will regulate the subdivision or development whether it occurs in phases by a single owner or developer, or in smaller increments by separate owners or developers. The final Master Plan shall establish the following for the site:

Deviations from the requirements of this Title 17 may be approved as part of a preliminary or final Master Development Plan with regard to the following provisions: minimum yards and setbacks; maximum heights of buildings, walls and fences; minimum and maximum lot size; maximum floor area ratio; minimum number of parking spaces, location, and design; design standards related to the relation of buildings to streets; minimum open space; and signage.

The proposed development, and each increment of a phased project, creates an environment of sustained desirability and stability;

The land uses and design of the proposed development are consistent with the intent of the General Plan, Title 17, and any other applicable plans or policies adopted by the Town Council, or those in the process of being prepared and adopted; and

Findings can be made as required by Sections 17.188.060 and 17.200.060 of this title.

Minor modifications to physical features, development regulations or conditions or approval which do not change the character of the permitted development or affect surrounding development and are consistent with the intent of an approved Master Development Plan may be granted by the Planning Officer. Minor modifications shall not include changes to the approved land use, densities, the property boundaries, or location of uses shown on the final Master Development Plan. Changes in use subsequent to the approval of a final Master Development Plan shall follow the provisions established for use permits in Chapter 17.200 of this chapter.

All modifications or amendments to an approved preliminary or final Master Development Plan other than minor modifications shall be processed as an amended application and shall be subject to all of the provisions of this chapter; however, the filing fee shall be one-half the fee charged for filing an original application.

An approved final Master Development Plan shall automatically terminate and become null and void two years after the effective date of such approval unless a building permit for the parcel or a portion of the parcel is issued prior to the expiration date, or unless an extension has been requested and duly approved by the Town Council prior to the expiration date. In either case, the approval shall remain in effect as long as the building permits are valid and in force, or as long as any approved extensions. Up to three one-year extensions of the original two-year approval of a Master Development Plan may be requested, not to exceed a maximum of five years from the original date of approval by the Town Council. Each one-year extension shall be requested and acted on separately.

The proposed use is listed as a use permitted pursuant to an administrative use permit;

The proposed use is consistent with the development regulations of this Title 17; and

The use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

Written Decision. The Planning Officer shall render a decision on the proposed administrative use permit in writing which shall contain the findings as outlined in Section 17.196.050 of this chapter.

Notice of Decision. A copy of the decision shall be sent by mail to the applicant and to the owners of all real property within 300 feet of all exterior boundaries of the subject property. The names and addresses of the owners as shown on the latest property ownership records of the County of Napa shall be used for this purpose. Failure to send notice by mail to any such property owner where the address of such owner is not shown on such assessment roll shall not invalidate any proceedings in connection with such action. The mailed notification shall allow for the filing of an appeal within 10 days of the mailing date of the notice, subject to the submittal requirements of Chapter 17.224, Appeals, of this title.

Appeals. Appeals of a decision of the Planning Officer are referred to the Zoning and Design Review Board for a noticed public hearing in accordance with the provisions of this chapter and Chapters 17.180, Applications and Hearings, and 17.224, Appeals, of this title.

Effective Date. An approved administrative use permit becomes effective on the 11th day following the date of the mailed notification required above if no valid appeal has been filed with the Planning & Building Department.

The Planning Officer, or the Zoning and Design Review Board or the Town Council upon appeal, may approve, conditionally approve or deny applications for use permits for commercial use changes when the proposed use is consistent with uses allowed by a final Master Development Plan.

The Zoning and Design Review Board shall recommend approval, conditional approval, or denial of all other applications for use permits for consideration by the Town Council based on the findings in Section 17.200.060, Findings and decision, of this chapter. The Town Council shall have the authority to approve, conditionally approve or deny applications for such use permits.

The proposed use, at the intensity represented and at the proposed location, will provide a use that is compatible with the neighborhood and community;

The proposed use will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity;

The proposed use would not conflict with the Town's goal of achieving economic sustainability with a mix of varied commercial services;

The proposed use will not impair accessibility or traffic patterns for persons and vehicles based on the type and volume of anticipated traffic, will provide safe and adequate ingress and egress, and will furnish adequate off-street parking and loading for both customers and employees to the extent deemed feasible by the decision-making body;

The proposed use provides sufficient safeguards to prevent noxious or offensive emissions such as glare, dust and odors, or levels of noise which may exceed the Town's noise regulations;

The proposed use does not require excessive amounts of water or generate excessive amounts of waste;

The existing or proposed utility, police and fire services are adequate to serve the proposed use;

The proposed use will comply with all applicable provisions of Title 17 and will be consistent with the policies and standards of the General Plan; and

For properties in the Retail Overlay District, the proposed use enhances retail opportunities within the commercial code of the Town and the proposed use maximizes active uses along the Washington Street core business area and in doing so enhances pedestrian activity and interest.

The conditions of approval may include time limits for carrying out the use permit; otherwise, any exercise or undertaking of a use or uses authorized by a use permit must commence within two years of the approval date.

Once any portion of the granted use permit is utilized, all such specifications and conditions pertaining to such authorization shall become immediately operative.

Except where time limits are otherwise specified as a condition of approval, any Use Permit that has been authorized by the Town Council or the Zoning and Design Review Board may continue as authorized so long as it is not changed to another use, discontinued for a continuous period of one year, or otherwise abandoned.

A use permit shall not be restored when it is abandoned or changed to another use or feature that is classified as a use permit in the land use area in which it is located, or significantly altered or intensified, except upon approval of an application for a new use permit.

There are exceptional or extraordinary circumstances applying to the property involved or to the intended use of the property that do not apply generally to other property or uses in the same class of district;

Due to exceptional or extraordinary circumstances not created or attributable to the applicant or owner of the property, the literal enforcement of the provisions of Title 17 would result in practical difficulty or unnecessary hardship;

This variance will not constitute a grant of special privilege that is inconsistent with limitations imposed on similarly zoned properties;

This variance is necessary for the preservation and enjoyment of the right of property, the same that is possessed by other property in the same land use designation;

This variance will not be materially detrimental to the public welfare or materially injurious to the property or improvements in the vicinity; and

The granting of such variance will be in harmony with the general purposes and intent of Title 17 and will not adversely affect the General Plan.

The conditions of approval may include time limits for carrying out the variance; otherwise, any exercise of a variance must commence within two years.

Once any portion of the granted variance is utilized, all such specifications and conditions pertaining to such authorization shall become immediately operative.

There are unusual circumstances applying to the property involved or to the intended use of the property that do not apply generally to other property or uses in the same class of district. For exceptions to the limit on two-story homes, the decision-making body may take into consideration the relative visibility, location, and massing of existing two-story structures in the vicinity; the width of the street; significant vegetation; and any other factors that may mitigate the visual impacts of such structures;

Due to unusual circumstances not created or attributable to the applicant or owner of the property, the literal enforcement of the provisions of this chapter would result in practical difficulty;

This exception will not constitute a grant of special privilege that is inconsistent with limitations imposed on similarly zoned properties;

This exception will not be materially detrimental to the public welfare or materially injurious to the property or improvements in the vicinity; and

The granting of such exception will be in harmony with the general purposes and intent of Title 17 and will not adversely affect the General Plan.

The conditions of approval may include time limits for carrying out the exception; otherwise, any exercise of an exception must commence within two years.

Once any portion of the granted exception is utilized, all such specifications and conditions pertaining to such authorization shall become immediately operative.

Authorized Applicants. A request for reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning, or building regulation, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment.

Elimination of Regulatory Barriers. A request for reasonable accommodation may include a modification or exception to the rules and standards for the siting, development, improvement, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal access to housing. Requests for reasonable accommodation shall be in the manner prescribed by this chapter.

Applications for reasonable accommodation shall be initiated by submitting application materials as required by Section 17.180.020, Applications, of this title including the following information to the Planning & Building Department: a completed application form, signed by the property owner(s) or authorized agent, accompanied by the required fee or deposit, and any other information, plans or maps prescribed by the Planning Officer. Application procedures and processing shall be in accordance with State law and procedural guidelines established by the Planning Officer.

In addition, the following shall be supplied by the applicant:

Additional Information. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with the Acts, specifying in detail the information that is required.

The housing that is the subject of the request will be used by an individual with a disability protected under the Acts;

The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability protected under the Acts;

The request for reasonable accommodation would not impose an undue financial or administrative burden on the Town;

The request for reasonable accommodation would not require a fundamental alteration in the nature of the Town's zoning or building laws;

The request will not result in impacts to surrounding uses; and

An alternative reasonable accommodation to accomplish the same accessibility purpose or objective with less impacts is not available or practical.

The proposed development agreement is consistent with the objectives, policies, general land uses, and programs specified in the General Plan;

The proposed development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; and

The proposed development agreement will not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity, or injurious to property, improvements, or potential development in the vicinity.

No earlier than 31 days after final adoption by the Town Council, the Town Clerk shall have the development agreement recorded with the County Recorder.

If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Section 17.216.090 of this chapter, or if the Town terminates or modifies the agreement as provided in Section 17.216.110 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the Town Clerk shall have notice of such action recorded with the County Recorder.

If, upon a finding under Section 17.216.080 of this chapter, the Town Council determines to proceed with modification or termination of the agreement, the Town shall give notice to the property owner of its intention to do so. The notice shall contain:

Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by Government Code Sections 65090 and 65091 in addition to any other notice required by law.

At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The Town Council may impose conditions to the action it takes as it considers necessary to protect the interest of the Town. The decision of the Town Council is final.

A use permit shall be required for the conversion of multifamily rental housing units to condominiums; and

The number of rental units in the town exceeds 35% of the total housing stock or the number of vacant rental units within the Town exceeds five percent of all the rental units in the Town. The vacancy percentage of rental units and the ratio of rental units to ownership units within the Town shall be based upon the most current census data, unless the applicant can provide evidence that such data is inaccurate.

Each dwelling unit shall have space and connections for the installation and operation of laundry equipment for the private use of the occupants of that unit;

Each dwelling unit shall be provided with at least 100 cubic feet per unit and an additional 50 cubic feet per bedroom of enclosed weather-proof storage space, either inside or outside the unit, in addition to that required by the Federal Housing Administration's Minimum Property Standards;

Parking within the property lines of the project shall be provided as established in Chapter 17.116, Offstreet Parking and Loading, of this title;

The project shall conform to all applicable laws, ordinances, and regulations for existing buildings, including but not limited to those pertaining to housing, building, fire, subdivision, and zoning; and

In a project containing five or more units, affordable housing shall be provided as required by Section 17.160.020, Inclusionary housing program, of this title.

A report containing the following information:

A structural pest control report prepared by a licensed pest control operator;

The applicant's proposed program to accommodate the relocation and availability of substitute accommodations for the present tenants, and a statement of preference to sell the units to be converted to the present tenants; and

Any other information deemed necessary by the Planning Officer for evaluation of the application.

The number of low-and moderate-income households that will be displaced by the proposed conversion can be accommodated by alternate rental housing in the vicinity based on the current or projected vacancy factor, and by relocation assistance to be provided by the applicant;

Sufficient parking and storage will be provided to accommodate long-term owner occupancy;

The proposed conversion provides for clear and complete management and maintenance responsibility for the dwelling units;

The proposed conversion will not negatively affect neighborhood property values and taxes; and

The proposed conversion complies with the requirements of Section 17. 220.030, General conditions, of this chapter.

Interpretations of the Planning Officer on the meaning or applicability of the provisions of this title;

Decisions of the Planning Officer that a permit application or information submitted with an application is incomplete, in compliance with State law;

Decisions of the Planning Officer or the Zoning and Design Review Board on any permit or entitlement required by this Zoning Ordinance.

The reviewing authority shall determine an appeal no later than the fourth regular meeting following the date on which the appeal was filed.

Failure of the appellate body to act within the time specified shall sustain the action, or the appellate determination, being appealed.

All rights of appeal are exhausted when the proceedings set forth in this chapter have been consummated.

Following the public hearing, the responsible reviewing authority may approve, modify, or disapprove the action appealed, either in whole or part, based on the record on appeal and the evidence received at the hearing on the appeal. The reviewing authority may impose or prescribe conditions in its resolution as are necessary to serve the objectives of this title.

Except as otherwise provided by Title 17, no use shall be commenced on or in any land, building, or premises unless the use is either a permitted or conditional use for the zoning district in which the use is to be located and, if listed as a conditional use, not unless the required administrative use permit or use permit has been received. No use shall be commenced or maintained except in accordance with the regulations for the zoning district in which the use is or will be located and the use is in conformance with the conditions, mitigation measures, and project description of each required permit, approval, clearance, or agreement.

No building or structure shall be erected, remodeled, enlarged, rebuilt, or moved, except in conformity with the regulations for the zoning district in which the building or structure is or will be located, and in conformity with the conditions of each required permit, approval, clearance, or agreement.

Where conflict occurs between the regulations of Title 17 and the Building Code or other regulations effective within the Town, the more restrictive regulation shall apply.

All departments, officials and public employees of the Town vested with the duty or authority to issue permits, approvals, clearances, or licenses shall conform to the provisions of Title 17 and shall issue no such permit, approval, clearance, or license for uses, buildings, or any purposes where the same would be in conflict with the provisions of Title 17. Such permit, approval, clearance, or license, if issued in conflict with the provisions of Title 17, shall be null and void.

Except as otherwise authorized by the Town Council, the Town shall refuse to issue any permit, approval, or clearance that is sought pursuant to Title 17, where the existing or proposed use, building or structure has been found to be in violation of Title 17.

No person shall violate or fail to comply with any term, condition, mitigation measure or project description incorporated into any permit, approval or clearance granted pursuant to Title 17. Violation of, or noncompliance with, any term, condition, mitigation measure or project description incorporated into any permit, approval or clearance granted pursuant to Title 17 is unlawful, declared a public nuisance, and a "code violation" within the meaning of Chapter 8.05 of this code.

Any building set up, erected, built, or moved, and any use of property contrary to the provisions of Title 17, is unlawful and declared a public nuisance. The Town may immediately commence any action or proceeding, for the abatement, removal and enjoinment thereof in a manner provided by Title 17, the Municipal Code, or law.

Any persons, whether as principal, agent, employee or otherwise, violating any of the provisions of Title 17 shall be guilty of a misdemeanor, and upon conviction shall be punishable by a fine not to exceed $500.00 or by imprisonment in the Napa County Jail for a term not to exceed six months, or by both such fine and imprisonment. Such persons shall be deemed guilty of a separate offense for each and every day, considered to be any time period within a day when a violation of Title 17 is committed, continued or permitted by such person. A violation of any provision of Title 17 shall be a "code violation" within the meaning of Chapter 8.05 of this code.

Whenever the Planning Officer, Building Official, Building Inspector, or other authorized personnel or code enforcement officer determines that a violation of Title 17 exists, each such official is hereby authorized to issue stop orders to prohibit further construction or use of any land, building, or premises which are in violation of Title 17. The stop order shall be served by posting a copy on the premises, which is the location of the violation, or which is the subject of the permit or approval issued by the Town. In addition, a copy of such stop order shall be mailed to the owner or responsible person at the address shown on the current records in the office of the Napa County Assessor. Such order shall become effective immediately upon posting.

After service of a stop order, no person shall perform any act in violation of the terms of the stop order, except such actions as are determined by the Planning Officer, Building Official, Building Inspector, or other authorized personnel or code enforcement officer to be necessary to correct the violation or to render the premises safe and secure, until such violation has been corrected to the satisfaction of the official serving the stop order.

Within 10 days after the posting of a copy of the order on the premises, any person adversely affected by the terms of the stop order may request an administrative hearing in accordance with Chapter 8.05 of this code.

Notice of any administrative enforcement hearing shall be given as in the same manner as generally provided for administrative hearings held pursuant to Chapter 8.05 of the Municipal Code.

Where an enforcement proceeding has been commenced by the Town, the Town has the burden of demonstrating that a violation has occurred or that the operation of the use is detrimental to the public health, safety, or general welfare. Where the party against whom the enforcement proceeding has been directed raises a defense, such as a prior nonconforming use, that party has the burden of proving the defense.

If the Town Manager or designated hearing officer determines that there has been a violation of Title 17 or that the use has been conducted in such a way as to be detrimental to the public's health, safety or welfare, the Town Manager or designated hearing officer may make any order it deems appropriate under the circumstances, including the revocation or modification of permits or approvals previously issued and/or the referral of the matter to the Town Attorney for the initiation of any criminal or civil proceeding that may be deemed appropriate. Any action taken by the Town Manager or designated hearing officer shall set forth the following:

Lot of Record.

Legal Nonconforming Uses.

Legal Nonconforming Buildings.

Legal Nonconforming Signs.

Any use, lawfully occupying a building or land at the effective date of the ordinance codified in Title 17 or its amendments, that does not conform to use regulations for the area in which the use is located, shall be considered a legal nonconforming use and may be continued, except as otherwise provided in this chapter;

Any building, lawfully existing at the effective date of the ordinance codified in Title 17 or its amendments, that is lawfully used, or designed for use contrary to regulations of the district in which it is located, shall be a legal nonconforming building and may be so used or continue in such use, except as provided in this chapter. Maintenance and repairs necessary to keep a legal nonconforming building in sound condition during such continuance shall be permitted;

Any sign lawfully existing at the effective date of the ordinance codified in Title 17 or its amendments, that does not conform to the standards of Title 17 shall be a legal nonconforming sign and may be continued except as provided in this chapter. Maintenance and repairs necessary to keep a legal nonconforming sign in sound condition during such continuance shall be permitted; and

Any building, sign or use for which a permit has been lawfully granted prior to the effective date of an amendment to the ordinance codified in Title 17, may be completed and used in accordance with the approved plans, provided construction is started and diligently pursued to completion in accordance with applicable Town building codes. This building, sign or use shall from then on lawfully exist.