Peachland Zoning Ordinance


Section 10.5 Abandonment

   A nonconforming use which has been abandoned for a period as specified in this Ordinance shall not thereafter be reestablished. Such structure or land use shall be used only for such purpose as permitted in the applicable zoning district and in full compliance with this ordinance.

10.5.1The term "abandonment" as used herein shall mean the voluntary discontinuance of a use with the intent not to reestablish such use. Any of the following shall constitute evidence of abandonment or intent to abandon:
A.Any positive act indicating such intent.
B.Premises have been devoted to another use.
C.When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by the same or similar equipment.
D.Failure to take all positive action to resume the nonconforming use with reasonable dispatch, including the failure to advertise the property for sale or for lease.
Section 10.6 Nonconforming Signs

10.6.1Nonconforming advertising signs shall be allowed to continue provided as follows:
A. No structural changes to the support structure or changes to the sign face itself except message changes which do not renew or extend the life of said sign shall be allowed.
B. Once a nonconforming advertising sign is removed, taken down or destroyed (i.e., receiving damage to an extent of more than sixty (60%) percent of the replacement cost at the time of destruction), such sign shall not be replaced with another sign unless in conformance with this ordinance.
10.6.2 Nonconforming business or identification signs shall be allowed to continue provided as follows:
A. Nonconforming signs may be repaired and/or repainted or relettered provided such nonconformance is not increased.
B. Once a nonconforming business or identification sign is removed, taken down or destroyed (i.e., receiving damage to an extent of more than sixty (60%) percent of the replacement cost at the time of destruction, such sign shall not be replaced with another sign unless in conformance with this ordinance.
Section 10.7 Change of Tenancy or Ownership

   There may be a change in tenancy, ownership or management in an existing nonconforming use, provided there is no change in the nature or character of such nonconforming use and provided all other applicable requirements of this Ordinance.

ARTICLE 11

CONDITIONAL USES AND ZONES

Section 11.1 Conditional Use Permit

   Certain uses listed in this Ordinance require the issuance of a Conditional Use Permit by the Town Council with recommendation by the Planning Board prior to the issuance of a zoning permit by the Administrator. In certain cases, a change in the zoning district of the property(ies) in question will also be necessary. The following information details the procedures which shall be followed for securing a Conditional Use Permit.

Section 11.2 Procedure

   Conditional use permits shall be considered by the Town Council by either of the following methods:

11.2.1No Zoning Change Required. When a Conditional Use Permit is being requested for a use in a zoning district for which a rezoning is not required, the following procedures shall be followed:
a.A completed application for a Conditional Use Permit shall be filed with the Zoning Administrator. An application shall include a schematic plan drawn to scale and supporting text which will become a part of the Ordinance amendment. The application shall, as a minimum, include the following items:

1. A boundary survey showing the total acreage, present zoning classification(s), date and north arrow.
2. The owners name, addresses, and the tax parcel numbers of all adjoining properties.
3. All existing easements, rights-of-way and all required yards for the zoning district requested.
4. Proposed layout of land and proposed structures. For residential uses this should include the numbers of units and an outline of the area where the structures will be located. For nonresidential uses, this should include the approximate square footage of all structures and an outline of the area where the structures will be located.
5. Traffic, parking and circulation plans, showing the proposed locations and arrangement of parking spaces and access points to adjacent streets.
6. Proposed screening, including walls, fences or planting areas as well as treatment of any existing natural features.
7. Delineation of any floodplain areas as shown on the official Flood Hazard Boundary Maps.
8. Proposed number and location of signs.

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