Title 15 - Article IV

In their interpretation and application, the provisions of these zoning regulations shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, convenience, comfort, prosperity and general welfare.

The purpose of this Title and zoning is to create a vital, cohesive, well-designed community in order to enhance the Town’s small-town character and further the citizens’ goals as identified in the Town Comprehensive Plan. These zoning regulations are designed to:

• Encourage the most appropriate use of land throughout the Town of Rangely and ensure a logical growth of the various physical elements of the Town;
• Regulate and restrict the location and use of buildings, structures and land for residence, business, trade, industry or other purposes;
• Regulate and determine the size of building lots, yards and other open spaces;
• Promote good design and arrangement of buildings or clusters of buildings and uses in residential, business and industrial development;
• Encourage innovative quality site planning, architecture, and landscaping that reflect improvements in the technology of land development;
• Prevent the overcrowding of land, poor quality in development, waste and inefficiency in land use, danger and congestion in travel and transportation and any other use or development that might be detrimental to the stability and livability of the Town;
• Promote the health, safety, morals and general welfare of Town residents.

The regulations established by this Title within each zone shall apply uniformly to each class or kind of structure or land. No buildings, structure, or land shall be used or occupied, and no building or structure or part thereof shall be erected, changed, constructed, moved, or structurally altered unless in conformity with all of the regulations herein specified by this LUC for the zone in which it is located. Where a lot is divided by a boundary line or next to a zoning district on the current official zoning map or by subsequent amendments to the zoning map, the zoning requirements of one or both districts can be considered and may be extended to include the lot.. Any use not permitted in a zone as a use designated as “allowed” or “allowed with conditions” or classified as a legal “non-conforming” use, is not permitted unless the property is rezoned to allow such use.

In case of a conflict between this LUC and any private restrictions imposed by covenant or deed, the responsibility of the Town shall be limited to the enforcement of this Title. When provisions within this Title are more restrictive than those imposed by covenant or deed, or when any such private instruments are silent on matters contained within this LUC, the provisions of this LUC shall rule. Whenever the requirements of this Article are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standard shall govern.

Zoning of land during annexation may be done in accordance with the procedure and notice requirements of this LUC. The proposed zoning ordinance shall not be passed before the date when the annexation ordinance is passed. Any area annexed shall be zoned under the provisions of this LUC, and the map hereunder updated within ninety (90) days from the effective date of the annexation ordinance, despite any legal review that may be made challenging the annexation. During such ninety-day period, or such portion thereof as is required to zone the territory, the Town shall not issue any building permit for any portion or all of the newly annexed area.

The general pattern outlined for development in the Town of Rangely is based on a principle of urban design which promotes a compact center surrounded by lessening density as development moves outward in a pattern as indicated in Table 106.1 and as laid out on the zoning map for the Town. In rezoning, subdividing, and providing services, property uses not specifically adhering to the basic premise and intent as outlined in this LUC and in the guides provided in the Town Master (Comprehensive) Plan, are to be discouraged.

Charateristics

Native Zone	Country Zone	Suburban Zone
Charateristics	Charateristics	Charateristics
Wilderness Wet land Riparian Multiple use Open space Floodway Grazing Public land	Parcels >1acre Agriculture Rural residences Unbuildable land Protected viewsheds Large setbacks Livestock Large pets Gravel roads Small signs Irrigation Limited lighting No sidewalks Limited utilities	col-sm-3>50/100 lots No livestock Paved roads Full utilities Protected viewsheds Domestic pets Grass lawns Onsite parking No mixed use Clear designed separation from Industrious zone Designed integration Urban, Country, Town zone
Urban Zone	Town Zone	Industrious Zone
Charateristics	Charateristics	Charateristics
<50/100 Aligned fronts Mixed parking Home business Low mixed use Small yards Duplexes Townhouses Domestic pets Designed integration with Industrious zone	Sales Parking Lots High mixed use Main street Apartments Groceries Office Repairing Maintenance Restaurant Bars Designed integration with Industrious zone	Sales Parking Lots High mixed use Main street Apartments Groceries Office Repairing Maintenance Restaurant Clearly designed separation from other zones and scattered between Country, Urban, Suburban zone

In order to implement the provisions of this title, the Town establishes the following zoning districts as set forth in this chapter:

Native
This district consists of lands in their basic natural state that cannot be used except for limited purposes and/or have environmental and public prescriptions applied to them. These include Federal Bureau of Land Management Lands, Department of Wildlife lands, unbuildable riparian areas and wild lands in general. These lands border and/or are mixed in with Country lands.

Country
This district is comprised of areas which are in an agricultural, natural and/or open state, and/or areas utilized for large lot single-family development (generally greater than one (1) acre in size) that have accessory activities such as, but not limited to the raising of animals, small lot gardening and other rural activities in reasonable proximity to public and recreational designated lands in the native zone.

Suburban
This district is composed of single-family detached dwellings of one or two stories, constructed on lots of less than one (1) acre in size. This category includes conventional types of residential development with lots fronting public streets with improvements. Ordinarily, suburban zoned land is bordered on the outside by country zoned land, and on the inside by urban zoned land.

Urban
This district is bordered on the outside by suburban and the Town or Industrious zones otherwise. It makes up the traditional smaller lots of the original Town and is in transition in some areas. It has limited mixed use and business development. It includes multi-family dwellings and apartments.

Town
This district is the zone typified as the downtown. Uses include commercial businesses, retail and service facilities, including the “traditional commercial strip” within the Town. The uses in the zone are quite diverse and are comprised of commercial establishments, catering to the needs of travelers, such as service stations, restaurants, motels, travel-trailer parks, recreational-vehicle parks. Single Family new construction not permitted one-half block north and south of Main Street between Stanolind and Kennedy for Town Zone District Only. Existing Single Family Properties within this part of the Town Zone District will be grand-fathered in and will remain so until such time the land use changes.

Industrious
This district is comprised of areas that include all forms of commercial activity throughout, particularly in sections to the east and west of the Town district and areas of larger lot industrial service development. Light industrial, transfer stations, oil and gas storage, maintenance facilities, aircraft maintenance facilities, pipe yards, fabrication, repair enterprises, and other related light industries are found in these areas. Limited mixed use is interspersed throughout with some residential and sales activity occurring.

The location and boundaries of the zoning districts established in this chapter are shown on the map entitled “Official Zoning Map of the Town of Rangely, Colorado,” dated     8-14-2007 and signed by the Mayor and the Town Clerk and hereafter referred to as the “Zoning Map”.

The Zoning Map and all the notations thereon are hereby made a part of the ordinance codified in this Title. The signed copy of the Zoning Map containing the zoning districts designated at the time of the adoption of the ordinance codified in this title shall be maintained on file in the office of the Town Clerk. Changes made in district boundaries or other matters portrayed on the official Zoning Map shall be made in accordance with the provisions of this title and the Colorado Revised Statutes. Changes shall be entered on the official zoning map promptly after the amendment has been approved by the Board of Trustees/Town Council with an entry on the official Zoning Map. No amendment to this Title, which involves matters portrayed on the official Zoning Map, shall become effective until after such change entries have been made on said map and approved.

The district boundary lines shown on the Zoning Map are usually along streets, alleys, property lines, or extensions thereof. Zoning a single parcel into more than one zone is not permissible. Where uncertainty exists as to the boundaries of districts as shown on the official Zoning Map, the following rules shall apply:
Unless otherwise specified on the official Zoning Map, zone boundaries shall be construed to lie on the centerline of streets, highways, and alleys; on lot lines or platted subdivisions; on the boundary lines of zoning districts or incorporated areas or on section lines.
Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines, and in the event of change in the centerline, shall be construed as moving with the centerline. The centerline shall be interpreted as being midway between the shorelines.
Where, due to the scale, lack of detail, or illegibility of the zoning map, there is any uncertainty, contradiction, or conflict as to the intended location of any district boundaries shown thereon, interpretation concerning the exact location of district boundary lines shall be determined upon written application, or upon its own motion by the Town Council after recommendation by the Planning and Zoning Commission.

Reserve

Common particular land uses are listed in the Table of Uses. A use with a blank box for the zone indicates the use is not permissible unless rezoned to a zone that allows that use. Uses noted as permissible (X) in the zone marked are allowed after a site plan review for purposes of, but not limited to, determining if easement, access, floodplain, and hazard area review and other associated site considerations will apply. All uses require approval as described in this LUC. Each use is required to comply with applicable zone, generic, or specific use standards. Uses not listed in the table shall be required to receive a Conditional Use Permit.

Title15 - Article IV - Section 120: Table of Use (pdf)

Reserve

150.1. An appeal from any final order or decision of the Planning Administrator (Town Manager) may be taken to the Board of Adjustment (Town Council) by any person aggrieved of any order, requirement, decision, or determination of the administrative official charged with the enforcement of the provisions of this Title. An appeal is taken by filing with the Administrator and the Board of Adjustment a written Notice of Appeal specifying the grounds to be considered and shall indicate what provisions of said Title is involved, what relief from these provisions is being sought, and the ground(s) upon which the appeal is based. A Notice of Appeal shall be considered filed with the Administrator and the Board of Adjustment when delivered to the Land Use Office, and the date and time of filing shall be entered on the notice by the planning staff.

150.2. An appeal must be made within thirty (30) days after the date of the decision or order being appealed.

150.3. Whenever an appeal is filed, the administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record relating to the action being appealed.

150.4. An appeal stays all actions by the Administrator seeking enforcement of or compliance with the order or decision being appealed, unless the administrator certifies to the Board of Adjustment that (because of facts stated in the certificate) a stay would, in his opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed except by order of the Board of Adjustment or a court, issued on application of the party seeking the stay, for due cause shown, after notice to the Administrator.

150.5. The Board of Adjustment may reverse or affirm (in whole or in part) or may modify the order, requirement or decision or determination being appealed and shall make any order, requirement, decision or determination that in its opinion ought to be made in the case before it. To this end, the Board shall have all the powers of the officer from whom the appeal is taken.

150.6. The Board shall set a public hearing within thirty (30) days of its receipt of an Application for Appeal. A Notice of such hearing shall be published in a newspaper of general circulation in the town at least one (1) week prior to said hearing. A copy of said Notice shall be sent to the parties submitting appeal. At the hearing any person may appear in person and/or be represented by an attorney or agent. The Board shall render a decision within thirty (30) days of said hearing and shall notify the person(s) applying appeal of the decision.

With respect to appeals, a motion to reverse, affirm, or modify the order, requirement, decision, or determination being appealed shall include, insofar as practicable, a statement of the specific reasons or findings of facts that support the motion. If a motion to reverse or modify is not made or fails to receive the two-thirds vote necessary for adoption then a motion to uphold the decision being appealed shall be in order.

152.1. An application for a variance shall be handled as all other approvals in this LUC; meaning a noticed public hearing before the Planning Commission after which a statement of action to be sent to Town Council for final decision at a single public hearing.

152.2. A variance may be granted if it concludes that strict enforcement of this LUC would result in practical difficulties or unnecessary hardships for the applicant that a granting would correct provided the spirit of the ordinance is still observed and public safety and welfare secured, and substantial justice done. It may reach these conclusions if it finds that:

152.2.1. The applicant complies strictly with the provisions of the resolution and can make no reasonable use of his property,

152.2.2. The hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public,

152.2.3. The hardship relates to the applicant's land, rather than personal circumstances,

152.2.4. The hardship is unique, or nearly so, rather than one shared by many surrounding properties,

152.2.5. The hardship is not the result of the applicant's own actions, or

152.2.6. The variance will neither result in the extension of a nonconforming situation in violation of provisions for nonconforming situations in this resolution or authorize the initiation of a nonconforming use of land.

152.3. In granting variances the Town Council upon recommendation of the Planning Commission may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties.

152.4. A variance may be issued for an indefinite duration or for a specified duration only.

152.5. The nature of the variance and any conditions attached to it shall be entered on the face of the approval, or the approval may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this resolution.

152.6. Before granting a variance, the Council motion must state the reason(s) (by a two-thirds majority) for granting the variance and address, insofar as practical,, a statement of the specific reasons or findings of fact supporting such motion.

152.7. A motion to deny a variance may be made on the basis that any one or more of the six (6) criteria set forth in this section are not satisfied or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact that support it.

153.1. The Board of Adjustment is authorized to interpret the zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the Administrator, they shall be handled as an appeal.

153.2. An application for a map interpretation shall be submitted to the Board of Adjustment by filing a copy of the application with the Administrator in the Planning Department. The application shall contain sufficient information to enable the board to make the necessary interpretation.

153.3. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the Council shall be consulted and following rules shall apply:

153.3.1. Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams, or railroads shall, be construed to follow such centerlines;

153.3.2. Boundaries indicated as approximately following lot lines, city limits or extraterritorial boundary lines, shall be construed as following such lines, limits or boundaries;

153.3.3. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline, it shall be construed as following such shorelines;

153.3.4. Where a district boundary divides a lot or where distances are not specifically indicated on the Official Zoning Map, the boundary shall be determined by measurement, using the scale of the Official Zoning Map;

153.3.5. Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

153.4. Interpretations of the location of floodway and floodplain boundary lines may be made by the Administrator as provided and agreed to by the Colorado Water Conservation Board or its representative.

Any portion of this Title and/or the zoning map may be changed whenever the public necessity, health, safety, general welfare, and/or good zoning practices justify such action. The Town Council shall make amendments to this resolution upon recommendation from the Planning Commission or by application of a citizen or group of citizens, firm or corporation, residing, owning or leasing property in the town. Rezoning single or subdivided lots or parcels is made as an approval as described in Article III. The request for such change shall be submitted in writing to the Town Land Use Administrator on a form provided for the purpose. Rezoning of single parcels, contiguous tracts and parcels, and subdivided parcels, may only be initiated by the owner (developer), unless it as an amendment of this LUC initiated by the Town, affects an entire district, and meets with the approval of 90% of the affected landowners. The rezoning of lots and parcels as a condition of subdividing, special use permit, or as a requirement to receive construction (building, septic, etc.) permits is not considered an amendment under this section but an approval and follows the procedure of Article III.

155.1. Amendments to the ordinance codified in this title shall be in accordance with the laws of the State of Colorado which require the following action before adoption of any such amendment:

155.1.1. Study and recommendation on the proposed amendment by the Planning and Zoning Commission; and

155.1.2. Completion of a public hearing before the Board of Trustees/Town Council after at least thrity (30) days’ notice of the time and place of such hearing by publication in a newspaper having general circulation within the town.

A fee to be determined on the scope of the amendment shall accompany all requests for amendments to this title or the zoning map, except those initiated by the Town Council or the Town Planning Commission, or any administrative officer of the Town. The Town Administrator shall place the amendment and all supporting documents on the agenda of a regular meeting of the Town Planning Commission as expeditiously as possible. The Town Administrator shall submit a written or verbal report of the amendment, its documentation, and such other information as is deemed pertinent at the meeting at which the amendment is to be first considered.

157.1. At the meeting at which the amendment is on the agenda for first consideration, the Town Planning Commission shall review the amendment and the written report of the administrators and hear and receive testimony. The Planning Commission will withhold making a motion on the amendment until their next meeting.

157.2. The Planning Commission shall cause notice to be published as required by law at least once in a newspaper of general circulation in the Town not less than thirty (30) days prior to the public hearing. If the cause is for a change in the zoning map (other than a rezoning for single lots or a subdivided lot and/or parcels) a Notice of Public Hearing on the proposed changes shall be sent to the last known address of owners of real property adjacent to (or more at the discretion of the Administrator) the property on which the change of the Zoning Map is proposed, and to such other persons as in the judgment of the Administrator should be notified. Such notice is to be given not less than thirty (30) days before the date set for the hearing.

157.3. At the second meeting concerning the amendment, the Planning Commission may recommend approval or disapproval of the proposed amendment, in whole or in part. The action of the Planning Commission shall be in writing and shall contain the following findings of fact and shall include a statement setting forth those factors which the Planning Commission considered controlling factors in reaching its decision.

157.3.1. The proposed amendment is in conformance with the Land Use Plan and other Town plans.

157.3.2. The change requested promotes the public necessity, health, safety and general welfare, and is consistent with good land use and zoning practice.

158: Referral to the Town Council

158.1. The recommendation by the Planning Commission shall be rendered within ninety (90) days of receipt of the amendment by the Planning Commission and referred to the Town Council within the same time period. The Town Council, in whole or in part, may adopt a resolution embodying the recommendation, at a public hearing that is published thirty (30) days before the amendment is heard.

158.2. The Town Council may attach such requirements, conditions, and/or reviews to action on applications presented, as it feels necessary to carry out the intent and purposes of this resolution. If the amendment is for a major development and it is not underway in keeping with said intent, the Town Planning Commission may initiate action to rezone the subject area back to the classification it had prior to the change in zoning, or to any other more appropriate classification. The favorable vote of three-quarters of the Town Council shall be required to approve an amendment or map change that has not been recommended by the Planning Commission.

In the event the proposed amendment is denied by the Town Council, no new request for the same or a substantially similar amendment shall be heard by the Town Council within one (1) year of such denial.

The findings and decisions of the Town Council shall be final. Appeals to District Court shall be made within thirty (30) days from the date of Town Council action.

Any area annexed by the Town of Rangely shall be brought under the provisions of this title and the map therein within ninety (90) days from the effective date of the annexation ordinance, irrespective of any legal review, which may be instituted challenging the annexation. During such ninety-day period, or such portion thereof as is required to zone the territory, the Town shall refuse to issue any building permit for all or any portion of the newly annexed area.

Reserved

This title shall be administered and enforced by the Town Manager and those designated by the Manager.

172.1. Any subdivider, or agent of a subdivider, who transfers, sells, or agrees to sell or offers to sell any subdivided land before a final plat for such subdivided land has been approved by the Town Council and recorded or filed in the office of the County Clerk and Recorder, shall be guilty of a misdemeanor and shall be subject to a fine not to exceed one thousand ($1000) dollars nor be less than five hundred ($500) dollars for each parcel or interest in subdivided land which is sold or offered for sale. All fines collected under this paragraph shall be credited to the General Fund of the Town. The Town Council in which the subdivided land is located shall have the power to bring an action to enjoin any subdivider from selling, agreeing to sell, or offering to sell subdivided land before a final plat for such subdivided land has been approved by the Town Council.

172.2. Failure to comply with these regulations may result in the Town of Rangely refusing to issue any Town permits on the subject property, including, but not limited to, building permits, utility service for gas, water or sewage disposal, conditional use permits, special use permits, road access permits, etc. on any parcel which has not been properly subdivided. This shall apply to all divisions of lands, including, but not limited to, minor and major subdivisions, subdivision exemptions, boundary line adjustments, and planned unit developments.

The provisions of this Title shall be held to be the minimum requirements fulfilling its objectives. Where the conditions imposed by any provision of this Title are less restrictive than comparable conditions imposed by any other provisions of this Title or of any other ordinance, resolution, or regulation, the provisions which are more restrictive shall govern.

174.1. On finding, through apparent action of, or upon complaint, that a use of land is in violation of this LUC, the Town Manager shall investigate the complaint and follow the process outlined here except as provided for nuisances. Based on the investigation the Manager shall make a report of the findings to the Planning Commission. The Planning Commission shall comment on the violation and the Town Manager shall provide notification that a correction is in order to rectify the violation. The manner in which this is approached shall be cordial and corrective actions restricted to rectification of the violation. The corrective action shall be enforced only after a written complaint is provided the owner of the use and a thorough investigation has confirmed the extent and actual situation of the violation. Written notice is to cordially request person responsible and/or owner to cease such violation forthwith and to provide a reasonable time for remedy.

174.2. Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this resolution or pose a danger to the public health, safety, or welfare, the Town Manager may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in this Code after consultation with the Planning Commission Chair and Town Council via reasonable methods of communication.

The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this resolution may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

176.1. Persons who violate or maintain any violation of any of the provisions of this title, or who fail to comply with any requirements thereof, or who build in violation of any statement of plan submitted and approved therein, shall for each and every violation or noncompliance be guilty of a petty offense, and upon conviction thereof, shall be punishable by a fine of not to exceed three hundred dollars ($300), or by imprisonment for not more than ninety (90) days, or by both such fine or imprisonment for each such violation.

176.2. Each day that any violation continues after notification by the Town Manager that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section. 176.3. Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this Title.

177.1. A Conditional-Use Permit may be revoked by the issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this LUC, or any additional requirements lawfully imposed by the permit-issuing board. A Zoning Permit cannot be revoked but the permit issuing board can find, following the procedures outlined in this section, that the use has become non-conforming and therefore is a non-conforming use under the provisions of this LUC and converted from a conforming to a non-conforming use.

177.2. Before a Conditional-Use Permit may be revoked or a Zoning Permit is converted to non-conforming, the Notice of Hearing and all other requirements of Article III shall be in compliance. The notice shall inform the permit recipient of the alleged grounds for the revocation or conversion to non-conformance.

177.2.1. The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked or converted for any of the reasons of violating the provisions of this LUC shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.

177.2.2. A motion to revoke or convert a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.

177.3. Before a permit may be revoked or converted, the Administrator shall give the permit recipient ten (10) days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations. If the permit is revoked, the Administrator shall provide to the permittee a written statement of the decision and the reasons therefore.

177.4. No person may continue to make use of land or buildings in the manner authorized by any permit after such permit has been revoked in accordance with this section.

178.1. Every decision of the Town granting or denying an approval and every final decision of the Town Council shall be subject to review by the District Court by proceedings as allowed for in the situation in the Colorado Revised Statutes.

178.2. The petition to the Court must be filed with the District Clerk of Court within thirty (30) days or as allowed in State Statute, whichever is longer, after the later of the following occurrences:

178.2.1. A written copy of the Council’s decision has been filed in the office of the Town, and 178.2.2. A written copy of the Council’s decision has been delivered by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case. 178.3. A copy of the Writ of Certiorari shall be served upon the Town of Rangely.

This Title shall not be construed to hold the Town or its authorized representatives responsible for any damage to persons or property by reason of the inspection or reinspection authorized in this Title, or failure to inspect or re-inspect, or by reason of issuing a building permit as provided in this Title.

Reserved

Any use, parcel, or structure that legally existed prior to the adoption of this LUC or any amendment thereto which does not conform to the provisions of the LUC at the time of adoption shall be known as a nonconforming use, nonconforming parcel, or a nonconforming structure and such shall be reflected in the zoning permit kept on file in the Town administrative offices.

If a nonconforming use has been discontinued for a period of twelve (12) consecutive months the use may not be thereafter re-established unless the use is in conformance with the provisions of this LUC. A nonconforming use followed by a permitted conforming use will result in the loss of the nonconforming use.

If a nonconforming parcel ever comes under the same ownership as a contiguous parcel, the whole shall be considered a nonconforming parcel. Thereafter that parcel or the larger parcel, if the two are combined, shall be considered nonconforming until such time as the entire parcel meets the provisions of this title.

A nonconforming use within a structure may be extended throughout the same structure devoted to such use at the time of adoption of this Title or prior to any subsequent amendments thereto, which caused such use to become nonconforming. Any enlargement or expansion of a nonconforming use is strictly prohibited.

Ordinary repairs and maintenance of a structure and care of lands containing a nonconforming use shall be permitted. A nonconforming structure that is less than 50% damaged or destroyed by fire, explosion, or natural occurrence may be restored to the condition in which it was immediately prior to the occurrence of such damage or destruction, provided: The restoration or reconstruction shall not extend beyond the original limits of the structure in setbacks, lot area coverage, height, and floor area. All restoration or reconstruction shall be commenced within six (6) months from the date of damage and shall be completed within one (1) year.

Reserved

All approvals sought for as part of this resolution require the filing of an application and submittal of additional material as requested. Fees for staff activities relevant to the proposal and post-approval work will be charged based on an established rate set by the Town Council each year in January after adoption of the Town budget. In the event the Council does not change the fees, the previous fee(s) in effect shall stay in effect until changed or if fees are discontinued for a period of time may be reinstated as determined by the Council.

There shall be no fee for Notice of Activity.

Conditional Use Permit-$ Septic Permit-$ Subdivisions (No additional fee is required if each single subdivided property is rezoned and approval is bundled.) Up to three lots-$ For each additional lot-$ Boundary line adjustments-no charge