Sec 70-116

Other

• Court-ordered abatement period6 months

  any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six (6) months of the date of admission of liability or finding of liability.

• Administrative site plan required for certain uses

  An administrative site plan shall accompany each application for a zoning permit to establish or modify any of the following: 1. Single-family detached dwelling, two-family dwelling, or manufactured home. 2. Any use which is customarily incidental (i.e. accessory) to the above principal uses. 3. Farm stand, wayside stand, or farm enterprise. 4. ADA-accessibility improvements, of up to two-thousand, five-hundred (2,500) square feet, to any existing building or structure. 5. Any nonresidential use which results in total land disturbance under two-thousand, five-hundred (2,500) square feet. 6. Any nonresidential change of use within an existing structure that results in no land disturbance nor necessitates any additional site improvements that may be required by this chapter. 7. Temporary uses. 8. Signs.

• Administrative varianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. for disability accommodations

  The Zoning Administrator may grant variances for a reasonable modification to the zoning requirements where such variance request is appropriate under the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990

• AgriculturalAgricultureRaising crops or livestock, generally including the structures that serve them. structures and uses exempt from zoning permit

  A zoning permit shall not be required for any bona fide agricultural structure (e.g. a pole barn or silo) or the establishment of any agriculture use as defined in Sec. 70-1, unless the use is identified as having parking requirements in Article V, Division 5 of this chapter.

• Appeal deadline to BZA or circuit court30 days

  Such appeals must be made within 30 days after the decision appealed from.

• BZA decision deadline90 days

  The BZA must make its decision within 90 days of the filing of the appeal.

• BZA membership count5 members

  A board of zoning appeals (BZA) consisting of five members must be appointed by the circuit court

• BZA has no power to grant special exceptions

  The board of zoning appeals shall have no power to grant special exceptions.

• BZA quorum requirement

  For the conduct of any hearing, a quorum shall be not less than a majority of all the members of the BZA.

• BZA member removal notice period15 days

  Any member may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the circuit court after a hearing held after at least 15 days' notice.

• BZA varianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. vote requirement3 members

  The concurring vote of three members is necessary to reverse or modify any order, requirement, decision or determination of the zoning administrator or to grant a variance.

• Minimum period between civil penalty charges10 days

  in no event shall any such violation arising from the same set of operative facts be charged more frequently than once in any ten-day period

• Civil penalty for initial violation200 dollars

  any person who violates or fails to comply with any of the provisions or requirements of the Zoning Ordinance shall be subject to a civil penalty of two hundred dollars ($200.00) for the initial summons or ticket

• Maximum aggregate civil penalty5,000 dollars

  nor shall a series of such violations arising from the same set of operative facts result in civil penalties which exceed a total of five thousand dollars ($5,000.00).

• Civil penalty payment deadline before trial72 hours

  may elect to pay the civil penalty by making an appearance in person or in writing by mail to the county treasurer's office at least seventy-two (72) hours prior to the time and date fixed for trial

• Civil penalty for subsequent violations500 dollars

  a civil penalty of five hundred dollars ($500.00) for each additional summons or ticket arising from the same set of operative facts.

• Delinquent taxes must be paid before application

  the applicant shall be required to produce satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the County and have been properly assessed against the subject property, have been paid

• Electric service requires zoning permit

  It shall be unlawful for any electric company to furnish electricity to any new structure, building or newly located manufactured or mobile home unless a zoning permit has been issued.

• Major gradingGrading (cut & fill)Reshaping land by removing earth (cut) or adding it (fill), often capped by volume. plan approval expiration2 years

  Major grading plan approval shall expire after two (2) years unless necessary permits have been obtained and site work has commenced.

• Major site plan approval expiration5 years

  Major site plan approval shall expire after five (5) years unless construction has begun and work has been diligently pursued.

• Major site plan required for land disturbance of 1 acreacre43,560 square feet — about the size of an American football field without the end zones. or more1 acreacre43,560 square feet — about the size of an American football field without the end zones.

  Any use which results in total land disturbance of one (1) acre or more, except for single-family detached dwellings, two-family dwellings, and manufactured homes.

• Minor gradingGrading (cut & fill)Reshaping land by removing earth (cut) or adding it (fill), often capped by volume. plan approval expiration2 years

  Minor grading plan approval shall expire after two (2) years unless necessary permits have been obtained and site work has commenced.

• Minor site plan approval expiration5 years

  Minor site plan approval shall expire after five (5) years unless construction has begun and work has been diligently pursued.

• Minor site plan required for land disturbance under 1 acreacre43,560 square feet — about the size of an American football field without the end zones.1 acreacre43,560 square feet — about the size of an American football field without the end zones.

  Any use which results in total land disturbance of less than one (1) acre, unless specifically subject to administrative site plan requirements.

• Steep slopeSteep slopeGround above a stated gradient, where building is restricted or barred. threshold for site plan review25 pct

  The location of any perennial or intermittent streams, flood hazard areas, mapped dam break inundation zones, steep slopes (generally exceeding 25% grade), or previously-delineated/identified wetlands present on the site

• Special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. abandonment period2 years

  In the event any use allowed by a special use permit is discontinued for a period of two (2) years or longer, the use shall be deemed abandoned and the special use permit shall become void.

• Special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. application completeness determination period10 days

  The zoning administrator shall determine whether an application is complete within ten (10) business days after the application is received.

• Special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. expiration period2 years

  any special use permit shall become void if the applicant does not obtain a building permit for the facility or otherwise commence the use within two (2) years of its issuance.

• Special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. incomplete application submission period90 days

  Applications deemed incomplete shall have the required missing information submitted within ninety (90) calendar days of the date of the zoning administrator's notice

• Special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. refiling restriction1 years

  No application for a special use permit shall be accepted for any lot within one (1) year of the application date for any previously submitted, withdrawn, or denied special use permit application for the same lot.

• Special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. review period by other departments45 days

  The zoning administrator shall refer the application to the planning commission only after allowing for a sufficient time period for review, not to exceed forty-five (45) business days, by other county departments and external agencies.

• Surety administrative cost percentage10 pct

  The developer shall submit a surety estimate, to be approved by the county, along with a reasonable amount for administrative costs not to exceed ten (10) percent of the estimated costs.

• Surety waiver threshold500 dollars

  The surety requirement may be waived in instances where the unfinished improvements have an estimated cost of no greater than five-hundred dollars ($500).

• Technology (T) DistrictZoning districtA mapped area with one set of rules, identified by a code like R-1 or B-2. application requirements

  applications submitted for a zoning map amendment in the Technology (T) District shall also require the following: 1. A general concept plan... 2. Landscape plan... 3. Sample elevations... 4. Viewshed analysis. 5. Water services plan. 6. Sound study. 7. Emergency action plan. 8. Spill prevention plan. 9. Comprehensive lighting plan with dark sky principles.

• Temporary zoning compliance certificate maximum duration6 months

  The period of validity for the temporary certificate may not exceed six (6) months, unless the zoning administrator approves a longer period of time for unusual circumstances.

• Temporary use permit application deadline7 days

  Application for such permit shall be made at least one week prior to the date on which the permit is to take effect.

• Civic or non-profit organization exempt from temporary use permit

  The operation of a temporary use by a civic or non-profit organization is exempt from the requirements of this section and section 70-940.

• Temporary use permit required

  A temporary zoning permit shall be required for certain temporary uses permitted in individual zoning districts as provided for elsewhere in this chapter.

• Public uses exempt from temporary use permit

  Any use located on government-owned property which is approved by the County, shall not be considered a temporary use subject to this section and section 70-940.

• Temporary use sign limit1 signs

  only one sign is permitted for each temporary use, which shall be displayed only during the period approved for the temporary use.

• Zoning map amendment refiling restriction1 years

  No application for an owner-initiated zoning map amendment shall be accepted for any lot within one (1) year of the application date for any previously submitted, withdrawn, or denied application.

• Zoning compliance certificate required before occupancy

  A zoning compliance certificate shall be required for all site work and improvements approved via the minor or major site plan approval process, prior to issuance of any permanent certificate of occupancy by the Building Official.

• Zoning permit not required for certain minor activities

  a zoning permit shall not be required for: 1. At-grade modifications (e.g. patios, landings, sidewalks, and driveways, but not including pools); 2. Below-grade modifications, not including new well and septic drainfield installations; 3. Building interior modifications not qualified under Sec. 70-116(a); 4. Accessory structures up to one-hundred fifty (150) square feet; 5. Graveyards, including crypts/mausoleums up to fifteen-hundred (1,500) square feet; 6. Sign "refacing"... 7. Fences, handrailing, screening walls, and retaining walls; 8. Common residential yard accessories... 9. Home enterprises and home occupations.

• Zoning permit expiration period6 months

  An approved zoning permit shall expire if construction and/or establishment of the permitted use does not commence within six (6) months from the date of approval.

• Zoning permit required for construction, alteration, new use, or change in use

  Except as provided for in the following subsections, a zoning permit shall be required for: 1. The erection, construction, reconstruction, or moving of a building and/or structure or part thereof; 2. Any alteration of a building and/or structure whereby the physical footprint and/or height is changed; 3. For the establishment of any new land use; and 4. For any proposed change in use within a structure that is used in whole or in part for nonresidential purposes.