This chapter describes the town's requirements for the approval of proposed development and new land uses. The permit requirements established by this title for specific land uses are in Chapters 13.24 through 13.28.
(Ord. 205 § 1 (Exh. A), 2003)
Each land use and/or structure shall be established, constructed, reconstructed, altered, moved or replaced in compliance with the following requirements.
A. 
Allowable Use. The land use shall be allowed by this title in the zoning district applied to the site. The basis for determining whether a use is allowable is described in Section 13.22.030.
B. 
Permit and Approval Requirements. Any land use permit or other approval required by Section 13.22.030 shall be obtained before the issuance of any required grading, building, or other construction permit, and before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 13.22.040.
C. 
Development Standards, Conditions of Approval. Each land use and structure shall comply with the development standards of this chapter, the provisions of Division 3, and any applicable conditions imposed by a previously granted land use permit.
D. 
Legal Parcel. The site of a proposed development or new land use shall be a parcel that was legally created in compliance with the Subdivision Map Act and the town's subdivision ordinance.
(Ord. 205 § 1 (Exh. A), 2003)
A. 
Allowable Land Uses. The uses of land allowed by this title in each zoning district are listed in Chapters 13.24, 13.26, and 13.28 (Tables 2-2, 2-6, and 2-9, respectively), together with the type of land use permit required for each use. Each land use listed in Tables 2-2, 2-6, and 2-9 is defined in Division 8.
1. 
Establishment of an Allowable Use.
a. 
Any one or more land uses identified by Tables 2-2, 2-6, and 2-9 as being allowable within a specific zoning district may be established on any parcel within that zoning district, subject to the land use permit requirements of subsection B, and compliance with all applicable requirements of this title.
b. 
Where a single parcel is proposed for development with two or more of the land uses listed in the tables, the overall project shall be subject to the highest permit level required by subsection B for any individual use. For example, a new building proposed in the CO zoning district with a bank on the ground floor and professional offices on the second floor would require use permit (UP) approval because Table 2-4 requires use permit approval for "banks and financial services," even though an "Office - Professional" is listed in the CO zone as a permitted use, requiring only a zoning clearance.
2. 
Use Not Listed.
a. 
A land use that is not listed in Tables 2-2, 2-6 or 2-9, and is determined by the director to not be included in Division 8 under the definition of a listed land use, is not allowed within the town, except as otherwise provided subsection (A)(3), or Section 13.22.040.
b. 
A land use that is not listed in the tables within a particular zoning district is not allowed within that zoning district, except as otherwise provided subsection (A)(3), or Section 13.22.040.
3. 
Similar and Compatible Use may be Allowed. The director may determine that a proposed use not listed in this division is allowable as follows:
a. 
Required Findings. The director may determine that a proposed use is similar to, and compatible with a listed use and may be allowed, only after first making all of the following findings:
i. 
The characteristics of, and activities associated with the use are similar to one or more of the listed uses, and will not involve a greater intensity than the uses listed in the district;
ii. 
The use will be consistent with the purposes of the applicable zoning district;
iii. 
The use will be consistent with the general plan and any applicable specific plan;
iv. 
The use will be compatible with the other uses allowed in the district; and
v. 
The use is not listed as allowable in another zoning district.
A determination that a use qualifies as a "similar use" and the findings supporting the determination shall be in writing.
b. 
Applicable Standards and Permit Requirements. When the director determines that a proposed, but unlisted, use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this title apply.
c. 
Referral for Determination. The director may refer the question of whether a proposed use qualifies as a similar and compatible use directly to the commission for a determination at a public meeting.
d. 
Appeal. A determination of similar and compatible use may be appealed in compliance with Chapter 13.74.
B. 
Permit Requirements. Tables 2-2, 2-6 and 2-9 within Chapters 13.24, 13.26, and 13.28 provide for land uses that are:
1. 
Permitted subject to compliance with all applicable provisions of this title, subject to first obtaining a zoning clearance (Section 13.62.020). These are shown as "P" uses in the tables;
2. 
Allowed subject to the approval of a minor use permit (Section 13.62.050), and shown as "MUP" uses in the tables;
3. 
Allowed subject to the approval of a use permit (Section 13.62.050), and shown as "UP" uses in the tables;
4. 
Allowed subject to the type of town approval required by a specific provision of Chapter 13.42, and shown as "S" uses in the tables; and
5. 
Not allowed in particular zoning districts.
NOTE: A land use authorized through the approval of a zoning clearance, minor use permit, or use permit may also require design review approval (Section 13.62.040), a building permit or other permit required by the municipal code.
(Ord. 205 § 1 (Exh. A), 2003)
The land use permit requirements of this title do not apply to the land uses, structures, and activities identified by this section. These are allowed in all zoning districts subject to compliance with this section.
A. 
General Requirements for Exemption. The land uses, structures, and activities identified by subsection B of this section are exempt from the land use permit requirements of this title only when:
1. 
The use, activity or structure is established and operated in compliance with the setback requirements, height limits, parking requirements, and all other applicable standards of this division, Division 3, and, where applicable, Chapter 13.72; and
2. 
Any permit or approval required by regulations other than this title is obtained (for example, a building permit).
B. 
Exempt Activities and Land Uses. The following are exempt from the land use permit requirements of this title when in compliance with subsection A of this section.
1. 
Decks, Paths and Driveways. Decks, platforms, on-site paths, and driveways that are not required to have a building permit or grading permit.
2. 
Fences and Walls. See Section 13.30.040.
3. 
Interior Remodeling. Interior alterations that do not increase the gross floor area of the structure, or change the permitted use of the structure.
4. 
Repairs and Maintenance.
a. 
Single-Family Dwellings. Ordinary repairs to, and maintenance of, single-family dwellings.
b. 
Multifamily, and Nonresidential Structures. Ordinary repairs to, and maintenance of multifamily residential and nonresidential structures, if:
i. 
The work does not change the approved land use of the site or structure, or add to, enlarge or expand the land use and/or structure; and
ii. 
Any exterior repairs employ the same materials and design as the original construction.
5. 
Small, Portable Residential Accessory Structures. A single portable structure per lot or unit, including pre-manufactured storage sheds and other small structures in residential zoning districts that are exempt from building permit requirements in compliance with the municipal code and the Uniform Building Code. Additional structures may be approved in compliance with Section 13.42.260, where allowed by the applicable zoning district. Additional structures may be approved in compliance with Section 13.42.260, where allowed by the applicable zoning district.
6. 
Solar Collectors. The addition of solar collectors to the roof or side of a building, provided that the collectors comply with applicable height limit requirements; and ground-mounted solar collectors that comply with the setback requirements and height limitations of the applicable zoning district and are not visible from off the site.
7. 
Spas, Hot Tubs, and Fish Ponds. Portable spas, hot tubs, and constructed fish ponds, and similar equipment and structures that do not: exceed one hundred twenty square feet in total area including related equipment; contain more than two thousand gallons of water; or exceed three feet in depth.
8. 
Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of utilities intended to service existing or nearby approved developments shall be permitted in any zoning district. These include: water; gas; electric; supply or disposal systems; including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc., but not including new transmission lines and structures. See Section 13.30.130 for utility undergrounding requirements. Satellite and wireless communications antennas are not exempt, and are instead subject to Chapter 13.44.
(Ord. 205 § 1 (Exh. A), 2003)
Requirements for establishing a temporary use (for example, a construction yard, seasonal sales lot, special event, temporary office trailer, etc.) are in Section 13.62.030.
(Ord. 205 § 1 (Exh. A), 2003)