Chapter 18.16 — SPECIFIC DISTRICT REGULATIONS — Fort Jones Zoning Code

Sec. 18.16.010. - R-1 district. ¶

Subject to the provisions of chapter 18.20, none but the following uses, or uses which, in the opinion of the planning commission, are similar will be allowed	Use Permit Required	Minimum Building Site (sq. ft.)	Minimum Building Site (sq. ft.)	Minimum Lot Width (feet)	Minimum Lot Width (feet)	Maximum Allowable Lot Coverage By all Structures	Maximum Allowable height (feet)	Minimum Front Yard Req. (feet)	Minimum Side Yard Req. (feet)	Minimum Side Yard Req. (feet)	Minimum Rear Yard Req. (feet)
		Corner	Int	Corner	Int				Corner	Int	Corner
Single-family dwellings	No	7,200	6,000	70	60	40%	35	20	15	10	15
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Accessory buildings, if constructed with or subsequently to the main building or use	No					40%	20	20	5	5	1
Second single- family dwelling, when prior to the zoning ordinance a single-family dwelling existed on the rear half of the lot	Yes					60%	35	20	15	10	10
Churches, parks, playgrounds, hospital, public building, schools	Yes	10,000	10,000	70	60	60%	45	20	15	10	20
Home occupations; crop and tree farming	Yes	As noted	in the use permit
Supportive and transitional housing	No	7,200	7,200	70	60	40%	35	20	15	10	15
Residential care facilities; six or fewer residents	No	7,200	6,000	70	60	40%	35	20	15	10	15
Residential care facilities, seven or more residents	No	7,200	7,200	70	60	40%	35	20	15	10	15
Farmworker housing, 6 or fewer residents	No	7,200	6,000	70	60	40%	35	20	15	10	15
Farmworker housing; 12 units or fewer beds	No	7,200	6,000	70	60	40%	35	20	15	10	15
1 sign—not over 4 sq. ft. in area and pertaining only to the sale, lease or rental of the property on which the sign is located	No		5
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(Code 1987, § 18.16.010; Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.16.020. - R-2 district.

Subject to the provisions of chapter 18.20,none but the following uses, or uses which, in the opinion of the planning	Use Permit Required	Minimum Building Site (sq. ft.)	Minimum Building Site (sq. ft.)	Minimum Lot Width (feet)	Minimum Lot Width (feet)	Maximum Allowable Lot Coverage By all Structures	Maximum Allowable height (feet)	Minimum Front Yard Req. (feet)	Minimum Side Yard Req. (feet)	Minimum Side Yard Req. (feet)	Minimum Rear Yard Req. (feet)	Minimum Rear Yard Req. (feet)	Minimum Lot Area
commission, are similar will be allowed		Corner	Int	Corner	Int				Corner	Int	Corner
All uses permitted in R-1 district	No	All specifed in the R-1 district
Duplex - single structure	No	7,200	7,200	70	60	50%	35	20	15	10	15	10
All uses permitted in R-1 district; duplex- single structure	No; No	7,200	7,200	70	60	50%	35	20	15	10	15	10	3,600 1 garage or carport

(Code 1987, § 18.16.020)

Sec. 18.16.030. - R-3 district.

Subject to the provisions of chapter 18.20, none but the following uses or uses which, in the opinion of the planning commission, are similar will be allowed	Use permit required	Minimum building site (sq. ft.)	Minimum building site (sq. ft.)	Minimum lot width (feet)	Minimum lot width (feet)	Maximum allowable lot coverage by all structures	Maximum Allowable height (feet)	Minimum front yard req. (feet)	Minimum side yard req. (feet)	Minimum side yard req. (feet)	Minimum rear yard req. (feet)	Minimum rear yard req. (feet)	Minimum lot area per family unit (sq. ft.)	Minimum off-street parking space req.
		Corner	Int	Corner	Int				Corner	Int	Corner	Int
All uses permitted in R- 2 district	No	As per section 18.12.010

Multifamily dwellings, apartments, condos	No	7,200	7,200	70	60	75%	45	15	10	6	15	10	1,200	1 parking per dwelling unit
Dwelling groups	Yes	7,200	7,200	70	60	75%	35	15	10	6	15	10	1,200	1 parking space per dwelling unit
Hotel, motel, rooming and boardinghouse; lodge, club, rest home, clinic, single room occupancy unit	Yes	7,200	7,200	70	60	75%	45	15	10	6	15	10	1,000	1 parking space for each room 1 parking space for each motel unit 1 space for each 6 seats in any assembly hall
Professional ofces	Yes	6,000	6,000	70	60	75%	35	15	10	6	15	10		1 parking space for each 200 ft. of gross foor area
Single-family or duplex dwellings	No	No	6,000	6,000	6,000	6,000	70	70	60	60	60%	60%	35	35	20
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Professional ofces, separate or combined with single-family dwelling	No		6,000		6,000		70		60		75%		35		20

Subject to the provisions of chapter 18.20, none but the following uses or uses which, in the opinion of the planning commission, are similar will be allowed		Use Permit Required		Minimum Building Site (sq. ft.)				Minimum Lot Width (feet)				Maximum Allowable Lot Coverage By all Structures		Maximum Allowable Height (feet)
				Corner		Int		Corner		Int
The following shops and stores: apparel, bars, bakery (retail only), banks, barber, beauty, book, cleaning agencies, confectionary, department, forist, food gift, hardware, jewelry, millinery, newsstands, ofce buildings, parking lots (approved by town engineer), personal service establishments, photographers, restaurants, shoe repair, variety	No	2,500	2,500	30	30	100%	45	0—except 10 ft. when adjacent to an R district	0—except 10 ft. when adjacent to an R district	0—except 10 ft. when adjacent to an R district	0—except 10 ft. when adjacent to an R district	0—except 10 ft. when adjacent to an R district	None— unless combined with a P district. Section 18.16.090
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Launderettes, liquor stores, theaters, service stations, public utility uses but not including equipment yards, warehouse or repair shop, retail sales and personal services not within a building.	Yes	2,500	2,500	30	30	100%	45	0—except 10 ft. when adjacent to an R district					None- Unless combined with a P district
Signs pertaining to any permitted use	Yes						35	Use permit
Residential uses, hotels, motels	Yes		As specifed in the R-3 district, section 18.12.010,and the RPO district, section 18.12.010

Multifamily dwellings, apartments, condos	No	7,200	7,200	70	60	75%	45	15	10	6	15	10	1 parking space per dwelling unit
Supportive and transitional housing	No	As specifed in the R-3 district, section 18.12.010	As specifed in the R-3 district, section 18.12.010	As specifed in the R-3 district, section 18.12.010	As specifed in the R-3 district, section 18.12.010	As specifed in the R-3 district, section 18.12.010	As specifed in the R-3 district, section 18.12.010
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Emergency shelters	No	As specifed in the section 18.52
Low barrier navigation centers	No	2,500	2,500	30	30	100%	45	0

(Code 1987, § 18.16.030; Ord. No. 26-1976, art. 4, § 4.02, 1976; Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.16.040. - M district.

Subject to the provisions of chapter 18.20, none but the following uses or uses which, in the opinion of the planning	Use Permit Required	Minimum Building Site (sq. ft.)	Minimum Building Site (sq. ft.)	Minimum Lot Width (feet)	Minimum Lot Width (feet)	Maximum Allowable Lot Coverage By all Structures	Maximum Allowable Height (feet)	Minimum Front Yard Req. (feet)	Minimum Side Yard Req. (feet)	Minimum Side Yard Req. (feet)	Minimum Rear Yard Req. (feet)	Minimum Rear Yard Req. (feet)	Minimum Off-Street Parking Space Req.
commission, are similar will be allowed		Corner	Int	Corner	Int				Corner	Int	Corner	Int
Any uses permitted in the C-2 district, except residential uses, hotel, motel, churches and playgrounds	No	2,500	2,500	70	60	100%	60	0	0—except 10 adjacent to a		ft. when n R district		None— Unless combined with a P district
Wholesale stores and storage, service establishments, light and heavy industrial and manufacturing uses, which, in connection with, there is no appreciable ofensive or objectionable odor, dust, noise or other nuisance factor	No	2,500	2,500	70	60	100%	60	0	0—except 10 ft. when adjacent to an R district	1 parking space for each 200 sq. ft. of foor space
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Industrial or manufacturing uses, which, in the opinion of the planning commission, may be objectionable by reason of the production of ofensive odors, dust, noise, bright lights, vibration, or involving the storage or handling of explosives or dangerous materials, and including, but not limited to those uses listed hereunder: Auto wrecking, bituminous paving plants and manufacturing of bituminous paving products, commercial excavation of building or construction materials, concrete batching plants, junkyards, manufacturing or storage of acids, cement, explosives or freworks, fertilizer, gas, glue, gypsum, infammable fuids, lime or plaster of Paris,	Yes	10,000	10,000	70	60	100%	60	0—except 10 ft. when adjacent to an R district	1 parking space for each 200 sq. ft. of foor space, or each three employees
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refning or storage of petroleum or its products, salvage or war surplus yards, smelting of iron, tin or other ores. stockyards or slaughter of animals
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Retail sales and personal service establishment	Yes	2,500	2,500	70	60	100%	60	0—except district	10 ft. when adjacent to			an R	1 parking space per unit
Residential use only when accessory to industrial or commercial uses	Yes	As required for principal industrial or commercial use.
Signs— appurtenant to permit use	No						35
Outdoor advertising signs and structures	Yes						35
Campground, trailer court, manufactured home park	Yes	1 acre	70	60	60%	35	15	15	0—except 10 adjacent to a		ft. when n R district		1.5 parking spaces per unit. garage or carport per family unit for attendants' residence
Restaurant or cofee shop, limited to groceries and necessary supplies pertinent to the primary use, and where entrance to such is from lobby or court without direct access from the street	Yes	Same as primary use.
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(Code 1987, § 18.16.070)

Sec. 18.16.050. - P combined parking district.

Subject to the provisions of chapter 18.20, none but the following uses, or uses which in the opinion of the planning commission are similar, will be allowed	Use Permit Required	Minimum Building Site (sq. ft.)	Minimum Building Site (sq. ft.)	Minimum Lot Width (feet)	Minimum Lot Width (feet)	Minimum Side Yard Req. (feet)	Minimum Side Yard Req. (feet)	Minimum Rear Yard Req. (feet)	Minimum Rear Yard Req. (feet)
		corner	int	corner	int	corner	int	corner	int
All uses in the district with which the P district is combined, provided that if the regulations of this section impose diferent regulations, the regulations of this district shall control	As specifed in the district with which the P district is combined	1 Parking space for each 200 sq. ft. of gross foor area in retail store and service stations; 1 parking space for each 6 seats in theaters. restaurants, bars and all public assembly places; 1 parking space for each two employees in industrial and manufacturing uses, but not less than 1 space per each 2,000 sq. ft. of gross use area
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(Code 1987, § 18.16.090; Ord. No. 26-1976, art. 4, § 4.09, 1976)

Sec. 18.16.060. - F-1 combining floodplain district.

Use Permit Required

All uses in the district with which the F-1 district is combined, provided Only the following uses are allowed in this zone: the growing and that if the regulations of this section impose different regulations, then harvesting of field crops, vines, vegetable and horticultural specialties, regulations of this district shall control excluding tree crops, the grazing of sheep, goats, horses, mules, bovine animals, and other domesticated quadrupeds; parks, campgrounds, playgrounds, golf courses, athletic fields, exclusive of structures; excavation and removal of rock, sand and gravel; public utility facilities. Yes

(Code 1987, § 18.16.100; Ord. No. 26-1976, art. 4, § 4.10, 1976)

Sec. 18.16.070. - F-2 combining floodplain district.

Subject to the provisions of chapter 18.20, none but the following uses, Use Permit Required or uses which in the opinion of the planning commission are similar, will be allowed

All uses in the district with which the F-2 district is combined, provided that if the regulations of this section impose different regulations, then regulations of this district shall control

All uses in this zone shall be subject to the following: the bottom of the structural floor of any building will be above the selected flood profile at an elevation determined by the town engineer, or his designate; and structure or building constructed or reconstructed shall be provided with footings and foundation capable of withstanding the effects of rising or flowing water.

Yes

(Code 1987, § 18.16.110; Ord. No. 26-1976, art. 4, § 4.11, 1976)

Sec. 18.16.080. - C-1 District.

All uses permitted in C-1 district, excluding emergency shelters.	No		As specifed in	As specifed in	the C-1	district,	section	18.12.010

Animal hospital, auto sales and service, automotive body repair, auto body and paint shop, commercial recreation, creameries, dry cleaners, heavy equipment, sales and service, laundry, locker plant, mortuary, nursery, plumbing shop, secondhand sales, sheet metal shop, tire shop, wholesaling	No	2,500	2,500	30	30	100%	45	0—except 10 ft. when adjacent to an R district	None— Unless combined with a P district
The following uses when conducted in a building or surrounded by a solid fence of board, masonry, or otherwise suitable material at least 6 ft. high: blacksmith shop, bottling plant, building materials, cabinet shop, cold storage, contractors' yard, feed and fuel yard, food processing, lumber yard, machine shop, outdoor storage and sales, pipe yard, public utility service yard, warehousing.	No	2,500	2,500	30	30	100%	45	0—except 10 ft. when R district	0—except 10 ft. when R district
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Living quarters included in any commercial building or use	No	2,500	2,500	30	30	100%	45	0	0
Signs—pertaining to any permitted use	Yes							35	Subject to conditions of use permit

(Code 1987, § 18.16.030; Ord. No. 26-1976, art. 4, § 4.02, 1976; Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

CHAPTER 18.20. - GENERAL DISTRICT REGULATIONS

Sec. 18.20.010. - Generally.

All regulations in this title pertaining to the districts established in chapter 18.16 are subject to the general provisions, conditions and exceptions contained in this chapter.

(Code 1987, § 18.20.010; Ord. No. 26-1976, art. 5, § 5.01, 1976)

Sec. 18.20.020. - Permit required—Uses involving large assemblages of people.

No open-air theater, racetrack, private recreation center or other establishments involving large assemblages of people and automobiles shall be established in any district unless a use permit is first secured for the establishment, maintenance and operation of such use.

(Code 1987, § 18.20.020; Ord. No. 26-1976, art. 5, § 5.02, 1976)

Sec. 18.20.030. - Permit required—Dance halls, clubs and establishments serving liquor.

No dance hall, roadhouse, night club, or commercial club, or any establishment where liquor is served, or commercial place of amusement or recreation shall be established in any district unless a use permit shall first have been secured for the establishment, maintenance and operation of such use.

(Code 1987, § 18.20.030; Ord. No. 26-1976, art. 5, § 5.03, 1976)

Sec. 18.20.040. - Accessory uses in C or M districts.

Accessory uses and buildings in any C or M district may be permitted where such uses or buildings are incidental to and do not alter the character of the premises in respect to their use or purpose permitted in the district. Such accessory buildings shall be allowed only when constructed concurrently with or subsequent to the main buildings.

(Code 1987, § 18.20.040; Ord. No. 26-1976, art. 5, § 5.04, 1976)

Sec. 18.20.050. - Temporary buildings and uses.

Temporary buildings and uses for periods not to exceed two years in undeveloped areas and for periods of six months in developed sections may be permitted provided a temporary use permit is first secured; the periods shall commence with the granting of the use permit.

(Code 1987, § 18.20.050; Ord. No. 26-1976, art. 5, § 5.05, 1976)

Sec. 18.20.060. - Industrial districts.

The industrial district is primarily for industries, manufacturers, trades, storage, warehouses, lumber and coal yards, and other uses excluded from the commercial district, provided that such uses are not detrimental to the public health, safety and general welfare of adjacent districts by reason of odor, smoke, gas, dust, vibration or noise, or are not deemed by the commission to be exceptional fire or explosion hazards.

(Code 1987, § 18.20.060; Ord. No. 26-1976, art. 5, § 5.06, 1976)

Sec. 18.20.070. - Outdoor advertising signs. ¶

Outdoor advertising signs and other signs in excess of the sizes permitted in the R-1, R-2 and R-3 districts may be permitted in the C-1, C-2 and M districts pursuant to the provisions of such rules and regulations adopted by the town council by ordinance or resolution.

(Code 1987, § 18.20.070; Ord. No. 26-1976, art. 5, § 5.07, 1976)

Sec. 18.20.080. - Newly annexed territory.

Territory annexed to the town and not shown as a part of the town by the zoning map incorporated in this title, shall upon the effective date of the annexation be classified and zoned as residential or R-1 district, unless the town council has, prior to the effective date, zoned the territory to another classification; subject to annexation.

(Code 1987, § 18.20.080; Ord. No. 26-1976, art. 5, § 5.08, 1976)

Sec. 18.20.090. - Removal of minerals, earth and other natural materials; generally.

The removal of minerals, earth and other natural materials may be permitted in any district providing a use permit shall be first be obtained in each case.

(Code 1987, § 18.20.090; Ord. No. 26-1976, art. 5, § 5.09, 1976)

Sec. 18.20.100. - Removal or deposit of natural materials for nonconstruction projects.

Removal or deposit of earth or minerals, other than in connection with excavations or deposits in connection with construction of buildings, roadways or public or home improvements, may be permitted in any district providing a use permit shall be obtained in each case.

(Code 1987, § 18.20.100; Ord. No. 26-1976, art. 5, § 5.10, 1976)

Sec. 18.20.110. - Spires, chimneys, towers and similar structures. ¶

Spires, chimneys, machinery, towers, radio and television towers, penthouses, scenery lofts, cupolas, water tanks and similar architectural structures may be built and used to a height of not more than 15 feet above the height limit established for the district in which the structures are located; provided, however, that no such architectural structure in excess of the allowable height shall be used for sleeping or eating quarters, or for any commercial advertising purpose. Public utility, electric distribution and electric transmission lines, and towers and poles adjacent thereto, may be allowed in all districts to greater heights than established for the district in which the structures are located without the securing of a use permit therefor, provided that all routes of transmission lines shall be submitted to the planning commission prior to the acquisition of such routes.

(Code 1987, § 18.20.110; Ord. No. 26-1976, art. 5, § 5.11, 1976)

Sec. 18.20.120. - Fences, hedges and screen plantings. ¶

No fence, hedge or continuous screen planting shall hereafter be constructed or grown to exceed six feet in height within any required side yard to the rear of the front yard building setback line or along any rear yard line in any R district, or to exceed three feet in height within any front yard area in any R district, except that a height of not to exceed five feet may be permitted in a front yard area upon the issuance of a use permit. The above heights shall be measured from finish yard grades except that no fence, hedge or continuous screen planting shall exceed three feet above sidewalk grade within 20 feet of street corner and 15 feet of alley corner.

(Code 1987, § 18.20.120; Ord. No. 26-1976, art. 5, § 5.12, 1976)

Sec. 18.20.130. - Building sites; permit required. ¶

Any lot or parcel of land of record on the effective date of the ordinance codified in this title, and where no adjoining land is owned by the same person, may be used as a building site, even when of less area or width than required by the regulations for the district in which it is located providing a use permit is first obtained, and subject also to the requirements of all other provisions of this title.

(Code 1987, § 18.20.130; Ord. No. 26-1976, art. 5, § 5.13, 1976)

Sec. 18.20.140. - Yards. ¶

(a) Where four or more lots in a block have been improved with buildings, the minimum required front yard for main buildings shall be the average of the front yards of the improved lots if less than the front yard requirements in the title.
(b) Architectural features such as cornices, eaves and canopies shall not extend more than four feet into any required front yard, rear yard or corner lot side yard. They may not project closer than two feet of any interior lot line.
(c) Open, uncovered porches or landing places may project to within four feet of any side lot line, and not exceeding six feet into any required front yard.
(d) When an official plan line has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this title be construed as permitting any encroachment upon any official plan line.
(e) In case an accessory building is attached to and made structurally a part of the main building, it shall comply in all respects with the requirements of this title applicable to the main building. A garage attached to the main building having its entrance from the side street or cul-de-sac turnaround shall be located at least 20 feet from the sidewalk or 17 feet from the property line, whichever is greater. Unless so attached, an accessory building in an R district shall be located 60 feet from the front line of the lot and at least six feet from any dwelling building existing or under construction on the same lot or any adjacent lot. In the case of a corner lot where there is a key lot abutting the corner lot, accessory buildings shall not project beyond the front yard required on the key lot.
(f) On any parcel of land having an average width of less than 55 feet, which parcel was under one ownership of record on the date of the ordinance codified in this title, or is shown as a lot on any subdivision on file in the office of the county recorder of that county on the date and the owner thereof owns no adjoining land, then the width of each side yard may be reduced to ten percent of the width of the parcel, but in no case to less than three feet.
(g) Access yards and distances between buildings for dwelling groups shall be required as follows:
- (1) Distance between buildings in any dwelling group shall be a minimum ten feet.
- (2) Any yard providing access to a single row of group dwellings shall be a minimum 12 feet.
- (3) Inner court providing access to a double row dwelling group shall be a minimum 20 feet.
(h) The minimum front yard requirement for a cul-de-sac turnaround areas shall be 17 feet from the property line.

(Code 1987, § 18.20.140; Ord. No. 26-1976, art. 5, § 5.14, 1976)

Sec. 18.20.150. - Manufactured homes/mobile homes; residential use requirements. ¶

Manufactured homes, as defined by section 18.08.010, are allowed to be placed in a residential zone on individual lots, consistent with Government Code § 65852.3, as follows, and a manufactured home shall:

(1) Be occupied only as a residential use;
(2) Be subject to all of the provisions and ordinances that apply to residential structures;
(3) Be attached to a permanent foundation system as required in the uniform building code for residential structures;
(4) Be covered with an exterior material customarily used on conventional dwellings. The exterior covering material shall extend over the foundation in the same manner as conventional buildings;
(5) Have a roof load design according to the uniform building code;
(6) Have a roof covering consisting of materials customarily used for conventional dwellings within the neighborhood in which the manufactured home is proposed to be placed; and

(7) Have a plot plan showing the proposed location of the manufactured home on the lot.

(Code 1987, § 18.20.150; Ord. No. 26-1976, art. 5, § 5.16, 1976; Ord. No. 45-1981, § 2, 1981; Ord. No. 46-1981, § 2, 1981; Ord. No. 2019-7, § 18.20.150, 11-12-2019; Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.20.160. - Manufactured homes; building permits. ¶

A building permit shall be obtained for the placement of a manufactured home/manufactured home. Issuance of the building permit shall require that the applicant comply with all of the requirements of the town's building codes and ordinances where they may apply. The manufactured home must have a foundation system consisting of an assembly of materials constructed below the manufactured home, and below grade for frost protection, and not intended to be removed, which system is designed to support the manufactured home structure, and to resist the imposition of external natural forces. The foundation system shall be designed in accordance with the uniform building code and local soil conditions. The foundation shall be designed to withstand 60-pound snow loads and 15-pound wind loads when imposed from the manufactured home. The manufactured home shall be installed in accordance with the installation instructions provided by:

(1) The manufacturer of the manufactured home; or
(2) A state-licensed architect or engineer when the manufacturer's instructions are not available or are inapplicable due to the unique conditions of the site.

All manufactured homes/manufactured homes installed for the purpose of residential use shall be connected to town sewer and water facilities at owner's expense.

(Ord. No. 2019-7, § 18.20.175, 11-12-2019)

CHAPTER 18.24. - NONCONFORMING USES

Sec. 18.24.010. - Restricted. ¶

Except as otherwise provided in this chapter, uses of land, buildings or structures existing at the time of the adoption of the ordinance codified in this title may be continued although the particular use, or the building or structure does not conform to the regulations specified by this title for the district in which the particular building or structure is located or use is made; provided, however, no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time of the adoption of the ordinance codified in this title, and that if any such use ceases, the subsequent use of the land shall be in conformity to the regulations specified by this title for the district in which the land is located.

(Code 1987, § 18.24.010; Ord. No. 26-1976, art. 6, § 6.01, 1976)

Sec. 18.24.020. - Use permit required.

The nonconforming use of a portion of a building may be extended throughout the building, provided that, in each case, a use permit shall first be obtained.

(Code 1987, § 18.24.020; Ord. No. 26-1976, art. 6, § 6.02, 1976)

Sec. 18.24.030. - Cessation of nonconforming use. ¶

If nonconforming uses cease voluntarily by the owner for a continuous period of six months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the district in which it is located.

(Code 1987, § 18.24.030; Ord. No. 26-1976, art. 6, § 6.03, 1976)

Sec. 18.24.040. - Nonconforming buildings. ¶

(a) Nonconforming buildings damaged or destroyed by fire, explosion, earthquake or other act to the extent of more than 50 percent of their reasonable value as determined by the building inspector, may be restored only if made to conform to all of the regulations of the district in which located, except that dwellings in the R districts may be so restored on lots having a width of not less than 45 feet and areas of not less than 4,500 square feet without the requirement that use permits first be secured.
(b) Nonconforming buildings damaged or partially destroyed by fire, explosion, earthquake or other act to an extent of less than 50 percent of its reasonable value, may be restored and the use thereof may be continued on condition that the restoration is started within six months and diligently continued to completion, provided that such nonconforming buildings or use shall not be enlarged.
(c) Ordinary maintenance and repairs may be made to any nonconforming building, provided no structural alterations are made, and providing that such work in any one year does not exceed 15 percent of the reasonable value of the building. Other repairs may be permitted provided that a use permit shall first be secured in each case.

(Code 1987, § 18.24.040; Ord. No. 26-1976, art. 6, § 6.04, 1976)

CHAPTER 18.28. - REVOCATION OF PERMITS

Sec. 18.28.010. - Revocation. ¶

Any use permit or variance granted in accordance with the terms of this title may be revoked if any of the conditions or terms of the permit or variance are violated or if any law or ordinance is violated in connection therewith, or if the planning commission finds, with the concurrence of the town council, that the continuance of the use permit or variance will endanger the public health, safety or welfare.

(Code 1987, § 18.28.010; Ord. No. 26-1976, art. 9, § 9.01, 1976)

Sec. 18.28.020. - Hearing; notice. ¶

The planning commission shall hold a public hearing on any proposed revocation after giving notice of such hearing on any proposed revocation after giving notice of such hearing as provided by law, and including ten days' mail notice to the permittee, and shall thereafter submit its recommendations to the town council. The town council shall act thereon within 30 days after receipt of the recommendations.

(Code 1987, § 18.28.020; Ord. No. 26-1976, art. 9, § 9.02, 1976)

CHAPTER 18.32. - CONDITIONAL, REVOCABLE OR TEMPORARY USES

Sec. 18.32.010. - Issuance. ¶

A use permit, revocable, conditional, or valid for a term period, may be issued in the manner specified in this chapter for any of the uses or purposes for which such use permits are required by any of the terms of this title.

(Code 1987, § 18.32.010; Ord. No. 26-1976, art. 7, § 7.01, 1976)

Sec. 18.32.020. - Application. ¶

Application for a use permit shall be made to the planning commission on a form prescribed by the planning commission and shall be accompanied by plans and elevations necessary to show the detail of the proposed use of the land or building.

(Code 1987, § 18.32.020; Ord. No. 26-1976, art. 7, § 7.02, 1976)

Sec. 18.32.030. - Fee.

Applications shall be accompanied by a fee of $25.00.

(Code 1987, § 18.32.030; Ord. No. 26-1976, art. 7, § 7.03, 1976; Ord. No. 54-1985, § 1(A), 1985)

Sec. 18.32.040. - Hearings. ¶

The planning commission shall be a public hearing on any use permit application and shall give notice of the time and place of such hearings as provided by law.

(Code 1987, § 18.32.040; Ord. No. 26-1976, art. 7, § 7.04, 1976)

Sec. 18.32.050. - Planning commission findings; decision.

(a) In order to grant any use permit, the findings of the planning commission shall be that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be materially detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the proposed use or be materially detrimental to property or improvements in the neighborhood or to the general welfare of the town. The planning commission may designate such conditions in connection with the use permit as it deems necessary to secure the purposes of this title and may require that such conditions will be complied with by the applicant.
(b) The planning commission shall render its decision on any use permit within 35 days following the close of the public hearing. Failure of the commission to render its decision within the period shall be deemed to be a denial of the application. The granting of any use permit, when conforming to the provisions of this section, is declared to be an administrative function, the authority and responsibility for performing which is imposed upon the planning commission shall be final and conclusive except in the event of an appeal as provided on this chapter.

(Code 1987, § 18.32.050; Ord. No. 26-1976, art. 7, § 7.05, 1976; Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.32.060. - Appeal.

(a) In case the applicant or others affected are not satisfied with the action of the planning commission, they may, within ten calendar days after rendition of the decision thereon by the commission, appeal in writing to the town council. The town council, on its own motion made within 20 days of the planning commission decision, may consider the action of the planning commission the same as if an appeal had been taken therefrom.
(b) The appeal shall be taken by the filing of a notice in writing to that effect with the town clerk, and when the appeal is taken by a person other than the original applicant, by the payment of an appeal fee in the amount of $10.00. At its next regular meeting held at least three days after the filing of the notice of appeal, the town council shall set a date for the hearing of the appeal and notice thereof shall be given to the applicant and to the planning commission and as provided by law. The planning commission shall submit a report to the town council setting forth the reasons for the action taken by the commission.

At its next regular meeting held at least three days after the filing of the notice of appeal, the town council shall set a date for the hearing of the appeal and notice thereof shall be given to the applicant and to the planning commission and as provided by law. The planning commission shall submit a report to the town council setting forth the reasons for the action taken by the commission.

(c) The town council shall render its decision within 45 days after the conclusion of the hearing and the town council in its decision may reverse, set aside, affirm, amend or modify the action of the planning commission for further study and action. Failure of the council to render its decision within the period shall be deemed to be an affirmance of the action of the planning commission.
(d) No building permit shall be issued in any case where a use permit is required by the terms of this title until after the period allowed for appeal. In the event of an appeal, no such permit shall be granted until the matter has been finally approved by the town council. Building permits issued pursuant to this section shall conform to the terms and conditions of the use permit granted.

(Code 1987, § 18.32.060; Ord. No. 26-1976, art. 7, § 7.06, 1976)

Sec. 18.32.070. - Automatic revocation of use permit. ¶

Any use permit granted in accordance with the terms of this title shall be automatically revoked and terminated if not used within one year from the date of approval thereof or within any shorter period of time, if so designated by the planning commission.

(Code 1987, § 18.32.070; Ord. No. 26-1976, art. 7, § 7.07, 1976)