(A) Permit required. No building or land shall hereafter be used or occupied and no building or structure shall be erected, expanded or moved until a zoning permit as required by this article shall have been issued. The form and content of the permit, when not expressly set out in this article, shall be determined by the Zoning Administrator and may include any information required for the applicant to demonstrate an intent to comply with the zoning regulations. Zoning permit forms shall be available at the office of the Zoning Administrator.
(B) Permit type. Permits shall be required for any use by right, unless specifically exempted by this article, special uses and special exceptions.
(C) Expiration of permit. Any zoning permit issued by the Zoning Administrator shall become null and void after a period of six months from the date of issuance of the permit unless a valid building permit has been issued for the work authorized by the permit or, if a building permit is not required, substantial work has not begun. Once a zoning permit has expired, construction on the property in question cannot proceed until a new zoning permit has been issued.
(D) Condition of approval. Zoning permits issued on the basis of site plans, architectural renderings, landscaping plans and other information submitted as part of the zoning permit application process authorize only the use, arrangement, construction and change set forth in the approved plans and applications. Use, arrangement, construction or change that differ from that authorized by the permit shall be deemed a violation of this article.
(E) Right of appeal. If a request for a zoning permit from the Zoning Administrator is disapproved or if a ruling of the Zoning Enforcement Officer is questioned, the aggrieved party may appeal the ruling to the Board of Adjustment in accordance with § 8-3.9.5.
(F) Site plan required. Site plans shall be required as part of the application process for any of the following:
(1) New structures;
(2) Expansions to existing structures;
(3) Any new use not contained within an existing building, except:
(a) Agricultural uses which do not involve the construction of buildings, containment pens for livestock, swine or poultry or the construction of sediment or animal waste lagoons; and
(b) Temporary or seasonal uses unless the Zoning Administrator cannot otherwise determine compliance with parking or screening requirements.
(4) Any change in impervious surface area on lots located within a Watershed Overlay District; and
(5) Any significant change in required landscaping or buffer areas.
(G) Level 1 site plan requirements. A Level 1 site plan shall be required for any single-family or duplex residential use, any use located outside of a Watershed Overlay District that has a land use code of one, any change to an existing use located within a Watershed Overlay District that does not affect the land, any renovation or expansion to a civic use, church or similar non-profit organization where the scope of work does not increase occupancy levels or intensity of use or modify existing parking areas or circulation areas and any other situation determined by the Zoning Administrator or review board to require such a plan. A Level 1 site plan does not require the seal of a professional engineer, architect, landscape architect or surveyor, but shall consist of the following elements, except that the Zoning Administrator has the authority to waive any application requirement where the proposed type or scale of use makes that information unnecessary or impractical.
(1) Graphic materials required for plans. Level 1 site plans shall be sketched on a map of the property that is drawn to scale.
(2) Conditions on the site. Level 1 site plans shall show existing and proposed features of the site including proposed changes to existing features. The features shall include, but shall not be limited to, the following:
(a) The date the plan was drafted along with the name, address and phone number of the preparer;
(b) The zoning classification of the subject property and all immediately adjacent properties;
(c) Property lines, lot dimensions and total acreage;
(d) The location and extent of rights-of-way and easements;
(e) The location and type of natural water features (e.g., streams, ponds, rivers, wetlands and the like);
(f) The location and dimensions of driveways;
(g) The approximate location and dimension of structures including signs;
(h) The location and dimension of parking lots/areas and internal circulation drives;
(i) The location and dimension of private streets;
(j) The approximate location and dimensions of landscaping, buffering, screening, fences and walls;
(k) Septic tank systems and wells (including dimensions of each); and
(l) The approximate location of significant trees (those eight inches or greater in caliper when measured six inches above grade).
(H) Level 2 site plan requirements. A Level 2 site plan shall be required for any use with a land use code of 2, 3, 4 or 5, any project resulting in a change in impervious surface area within a watershed District except for single-family and duplex residential development and any other situation determined by the Zoning Administrator or Review Board to require such a plan. A Level 2 site plan shall require the seal of a professional engineer, architect or landscape architect, except that surveyors may also seal plans for projects that do not include any engineering storm water control structures. A Level 2 site plan shall consist of the following elements:
(1) Graphic materials required for plans. Site plans shall be drawn to scale on a map of the property. A scale shall be used which ensures that all features are legible. All Level 2 site plans shall include the following detail:
(a) A location map that shows the project in relation to the larger planning area;
(b) The name of the applicant;
(c) The name of the development;
(d) A north arrow;
(e) A legend; and
(f) A scale, including a bar scale.
(2) Conditions on the site. Level 2 site plans shall show existing and proposed features of the site including proposed changes to existing features. The features shall include, but shall not be limited to, the following:
(a) Natural, historic and open space features.
1. Natural cover (wood, pastureland and the like);
2. Streams, ponds or rivers;
3. Historic sites;
4. Fragile environmental areas;
5. The approximate location of significant trees (those eight inches or greater in caliper when measured six inches above grade);
6. Contour lines shown as dotted lines at no more than five-foot intervals (this may be modified by Zoning Administrator depending upon topography); and
7. The location, size and dimensions of all recreational areas and areas intended to remain as permanent open space, clearly indicating whether the open space areas are intended to be offered for dedication to the public.
(b) Human-made features.
1. Parking and loading areas;
2. Public and private streets and alleys, including planned points of ingress and egress;
3. Storm water structures and conveyances, including all engineered storm water control structures required to meet state mandated water supply watershed protection regulations;
4. Utilities, including water, sewer, electric, power and telephone;
5. The location and dimensions of all structures, including freestanding signs;
6. Dimensions and layout of parking and loading areas;
7. A lighting plan;
8. All sidewalks, trails and pedestrian paths; and
9. The location and dimensions of all landscaping, berms, fences, walls, screening and buffering.
(c) Legal features.
1. The zoning of the property and adjacent properties, including zoning district lines. (Note: some uses may require identification of zoning district designations as much as 1,000 feet from the proposed development site. Please consult § 8-3.8 of this article entitled additional conditions, regarding the proposed use or contact the Zoning Administrator for more information.);
2. Property lines;
3. Project phase lines;
4. Street rights-of-way;
5. Utility easements (including water, sewer, electric, power, storm water and telephone); and
6. Lot dimensions.
(I) Design and landscaping information required. Whenever a proposed project would be subject to one or more of the design standards, landscaping or fencing/wall requirements of this article, architectural renderings sealed by an architect and site plans sealed by an engineer, landscape architect or surveyor that are prepared in sufficient detail at a sufficient scale to determine compliance with relevant sections of this article shall be required as part of a complete application, except that the Zoning Administrator or Review Board may exempt minor modifications that do not require the renderings or plans to demonstrate an intent to comply with the regulations.
(J) Sign detail required. Whenever a new sign or change in existing sign would require the issuance of a permit, detailed designs showing all relevant information required to determine compliance with the sign regulations shall be required as part of a complete application.
(K) Other requirements. In addition to information required in this subsection, other information or documents deemed relevant by the Zoning Administrator or Review Board shall be required, such as evidence of approval of sedimentation and erosion control plans, prior to issuance of a zoning permit.
(L) Permits for uses by right and uses with conditions. A permit for a use by right and a use with conditions shall be obtained from the Zoning Administrator. Applications for a permit shall be made on a form provided by the Zoning Administrator.
(M) Permits for special uses. Permits for special uses shall be obtained from the Board of Adjustment. Applications for a special use permit shall be made on a form provided by the Zoning Administrator.
(N) Permits for special exceptions. Permits for special exceptions shall be obtained from the Board of Adjustment. Applications for a special exception permit shall be made on a form provided by the Zoning Administrator.
(2003 Code, § 8-3.9.3) (Updated 2009)