§ 156.04  BUILDING PERMITS.
   (A)   In areas of the county where thresholds are not met, are approaching inadequacy, or a need to finance facilities exists, the county may establish a building permit cap prescribing the number of residential building allocations to be issued in that area. In those areas, the county shall determine the total number of building permit reservations per year and the number of building permit reservations to be allocated per subdivision. Building permit reservations are nontransferable from one lot to another. The county may reserve a certain number of the building permits for projects not subject to this chapter. The county may also allow a certain number of building permit reservations in certain areas where services or facilities are inadequate or approaching inadequate if the County Commissioners determine that exceptional circumstances exist.
   (B)   The county intends that the number of residential development building permit approvals issued in the county shall not exceed an average of 6,000 during any six-year period. For purposes of counting the 6,000 permits, all building permits issued county-wide, including those issued in municipalities and those issued for projects that are not subject to this chapter, shall be included. In order to achieve this goal, the county may establish a building permit cap prescribing the number of residential building permits to be issued in the county for projects listed in § 156.03(A).
   (C)   The Department, in making recommendations to the Planning Commission regarding the adequacy of public facilities and services for projects subject to this chapter, shall consider the cumulative impacts of the development pipeline in both the county and in the incorporated municipalities. In determining the adequacy of facilities and services, the Planning Commission shall consider the impact of the project and the cumulative impact of the development pipeline in both the county and in the incorporated municipalities.
   (D)   Except as otherwise provided in divisions (A) or (B) above, building permits that are subject to this chapter shall be issued on a first come, first served basis.
   (E)   Building permit limits:
      (1)   Except as provided in division (E)(2) below, the county shall not issue more than 25 building permits per subdivision or 25 residential dwelling units or equivalent dwelling units, as applicable for the project, per fiscal year. The building permits are nontransferable from one lot to another and shall not exceed 25 per subdivision regardless of multiple or successive ownership;
      (2)   For multi-unit residential site plans, the county shall not issue a building permit or permits for more than 50 residential dwelling units or equivalent dwelling units, as applicable for the project, per fiscal year;
      (3)   A developer may not circumvent the provisions of this chapter by submitting piecemeal applications for approvals for any parcel of land subdivided after March 5, 1998; and
      (4)   This division (E) is in addition to and not in lieu of any other limit imposed by law, regulation, or PWA.
      (5)   Waiver.  A written request for a waiver may be submitted to the Department requesting relief from § 156.04(E)(2).  The request must be supported by compelling, credible data and evidence associated with special conditions or exceptional circumstances peculiar to the project.  The issuance of a waiver will be available only for retirement home developments which shall not exceed 150 dwelling units during a three consecutive fiscal year period.
   (F)   Nothing in this chapter shall be construed to limit the number of building permits the county will issue for projects within the boundaries of incorporated municipalities.
(2004 Code, § 71-4)  (Ord. 161, passed 3-5-1998; Ord. 02-12, passed 8-13-2002; Ord. 04-13, passed 4-20-2004; Ord. 08-01, passed 2-14-2008; Ord. 2010-04, passed 4-1-2010; Ord. 2017-04, passed 7-13-2017)