A. Permit Required: A permit shall be required for any division of land, grading, excavation, construction, reconstruction, or any land development, land use, or building activity, except as specifically exempted by subsection B or C of this section. Applications for permits shall be processed as described in this section.
FEE SCHEDULE
Special use, conditional use permits, variance applications and lot splits (actual costs may include, but are not limited to, sketch plan review and/or site visits) | Actual costs | |
Rezone requests: | ||
If no hearing is required | $100.00 plus cost of publication | |
If hearing is required | Actual costs ($300.00 deposit required) | |
Subdivision applications: | ||
If no hearing is required: | ||
Preliminary plat | $150.00 plus $1.50 per lot | |
Final plat | $200.00 plus $2.75 per lot | |
If hearing is required | Actual costs ($300.00 deposit required) | |
Change name of existing County road: | ||
If no hearing is required | $300.00 plus cost of publication | |
If hearing is required | Actual costs ($300.00 deposit required) | |
Public hearings for: | ||
Any special use permits, conditional use permits, variances applications, lot splits, rezoning requests, subdivision applications or road name change applications requiring a public hearing (actual costs may include, but are not limited to, salaries, legal publications and/or postage) | Actual costs ($300.00 deposit required) | |
B. Exemptions For Land Divisions: No permit shall be required for land divisions resulting from the following activities:
1. An adjustment of lot lines shown on a recorded plat that does not reduce the area, frontage, width, depth, or building setback lines on any lot below the minimum requirements of this title, and does not change the original number of lots shown on the plat.
2. An allocation of land in the settlement of an estate, or as a result of a court decree for the distribution of specific parcels of property.
3. A gift of land for public purposes, an unwilling sale of land as a result of condemnation, or the acquisition of street rights- of-way or other public ways or spaces by a public agency.
4. An exchange of land for the purpose of straightening adjacent property boundaries which does not result in a change in land use.
5. Any division in which three (3) or fewer parcels created or remaining are more than twenty (20) acres or less than forty (40) acres in size or any division in which all parcels created or remaining are more than forty (40) acres in size and for which said division does not involve the dedication of streets or other public ways or spaces.
6. The creation of cemetery lots.
7. State law may require a record of survey for some activities exempted by this title.
C. Exemptions For Construction Activity: Activities listed here shall comply with all requirements of this title. However, no permit shall be required for:
1. Excavation or grading for agricultural purposes, or that is exempt from the requirements of the International Building Code, except where such excavation or grading is for the purpose of mining, which is not permitted in some zoning districts, or within the Floodplain Overlay District, where all grading and excavation is subject to permit.
2. Repair or remodeling that does not alter the exterior dimensions of the building involved by more than six inches (6").
3. Accessory buildings that are also exempted from review by the IBC (note that this generally exempts accessory buildings with a roof area of less than 120 square feet with 1 story and have no human occupancy), except where such accessory buildings are located in the Airport Safety or Floodplain Overlay Districts.
4. Fences under six feet (6') in height are exempted from review by the IBC.
5. Minor utility installations, except where such installations are in the Airport Safety or Floodplain Overlay Districts.
6. Certain signs, as provided in section 10-17-1, "Appendix A, Signs", of this title.
7. The IBC may require a building permit for some activities exempted by this title.
D. Application Forms: Applications shall be submitted on forms provided by the County. Multiple copies of applications and supporting materials, including a site plan, may be required by the Administrator. Applications shall contain all information required to demonstrate compliance with this title and no incomplete application shall be accepted.
E. Application Fees: Application fees for each type of permit established by this title shall be established by resolution of the BOCC.
F. Lot Split Permits: The lot split permit procedure is designed to assure that the creation of new parcels of land does not result in violation of this title or unnecessary applications for variances. County review of proposed lot splits also helps protect utility easements and streets from encroachment and consumers from purchasing inaccurately described property. Applications for lot split permits shall follow the procedure described herein. An application for a lot split permit may be submitted and processed simultaneously with an application for a development permit or combined into an application for a special use permit, in which case it shall be approved or disapproved by the PZC along with the application for the special use permit.
1. The developer shall file a properly completed application form, including a record of survey, the required supporting materials, and the required application fee with the Administrator.
2. The Administrator shall determine whether the proposed lot split is in compliance with the comprehensive plan and this title. If he/she finds that the proposed lot split complies, the application for a permit shall be approved. If he/she finds that the proposed lot split does not comply, the application for a permit shall be disapproved. Conditions may be attached to approval of the permit, as provided in subsection J of this section.
3. The Administrator shall notify the developer of the decision promptly except as provided in subsection F4 of this section.
4. The Administrator may refer any lot split application to the PZC for confirmation of its compliance or lack of compliance with the comprehensive plan and this title. All such referrals shall be placed on the agenda of the next regular PZC meeting at which time is available.
5. The Administrator's or PZC's decision may be appealed to the BOCC using the appeals procedure in subsection 10-2-3A of this chapter. Any person wishing to appeal a decision shall file a notice of appeal with the Administrator within fourteen (14) days after notice of the decision being appealed is received. Developers proceed at their own risk during the appeal period.
6. A lot split of less than the minimum acres will be permitted when the parcel is isolated from the rest of the original parcel due to natural or public barriers which are beyond the landowner's control to change or remove. Subdivisions with lots less than one acre must meet all State health and water regulations.
a. These barriers may include:
(1) Rivers, lakes, reservoirs, wetlands, or cliffs.
(2) Publicly maintained roads and highways.
(3) Canals and laterals maintained by a canal company or an irrigation district.
(4) Publicly maintained trails, paths, or walkways only when those trails, paths or walkways are fenced.
(5) Similar situations.
b. These barriers may not include privately owned or maintained laterals, ditches, fences, trails, paths, walkways, driveways, or access roads.
7. Approval of a lot split permit alone does not constitute or imply approval of a permit for any prospective use of the lot created.
8. The minimum lot size for permitted residences should be one acre, except in certain approved subdivisions, which may require central water and sewer systems.
G. Subdivision Permits: The subdivision permit procedure is designed to assure that land development is accompanied by installation of the necessary on site public facilities and that it is compatible with neighboring land uses, the landscape setting, and the capacity of offsite public facilities and services. County review of subdivisions helps protect utility easements and road rights-of-way from encroachment and protects consumers from purchasing inaccurately described property. Applications for subdivision permits shall follow the procedure described herein. In order to reduce the number of hearings required, an application for a subdivision permit may be submitted and processed simultaneously with an application for a special use permit for a special use on one or more of the proposed subdivision lots.
1. The developer shall file a properly completed application form, including a preliminary plat, which for minor subdivisions is also the final plat, the required supporting materials, and the required application fee with the Administrator.
2. The Administrator shall place a hearing on the application on the agenda of the next regular PZC meeting for which the notice requirements of subsection G4 of this section can be met and at which time will allow proper consideration of the proposed subdivision.
3. The Administrator may contract for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the Administrator for use at the hearing. The Administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials.
4. The Administrator shall provide notice of the hearing, as follows:
a. By first class mail: To all adjoining property owners and all owners of property within one thousand feet (1,000') of the site at least fifteen (15) days before the hearing, except as provided in subsection G4d of this section;
b. By publication: One legal notice in the official newspaper and posted on County website, appearing at least fifteen (15) days prior to the hearing; and
c. By first class mail or fax: To media and interested agencies and individuals who have requested, in writing, that the Administrator provide such notice, and to all potentially affected public service providers, specifically including the potentially affected school districts, highway districts, irrigation entities, law enforcement agencies, and fire districts.
d. Where two hundred (200) or more first class mail notices would be required, the Administrator may provide notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the County, at least fifteen (15) days prior to the hearing date.
e. All notices shall comply with the requirements of subsection K of this section.
5. The PZC shall conduct a hearing on the proposed subdivision. No application for a subdivision shall be approved if the developer or a representative is not present.
6. The PZC shall determine whether the proposed subdivision is in compliance with the comprehensive plan and all requirements of this title. If it finds that the proposed subdivision complies, it may approve the application. If it finds that the proposed subdivision is not in compliance, it may disapprove the application. Conditions may be attached to approval of the permit, as provided in subsection J of this section. Approval of the permit for a minor subdivision shall also constitute commission approval of that subdivision's final plat.
7. The Administrator shall notify the developer and parties receiving mailed notice of the PZC's decision promptly.
8. The PZC's decision shall be referred to the BOCC using the appeals procedure of subsection 10-2-3A of this chapter. Any person wishing to appeal a decision shall file a notice of appeal with the Administrator within fourteen (14) days after notice of the decision being appealed is received. Developers proceed at their own risk during the appeal period.
9. The developer may file a final plat with the Administrator at any time after the subdivision permit is approved. Phased final platting is permitted by section 10-16-5 of this title. No PZC review shall be required for minor subdivisions.
10. The BOCC shall determine whether the final plat is in compliance with the subdivision permit, the comprehensive plan, and this title. If it finds that the final plat complies, it shall approve that plat. If it finds that the final plat is not in compliance, it shall disapprove that plat. Conditions may be attached to approval of a final plat, as provided in subsection J of this section.
11. The Administrator shall notify the developer and interested parties of the BOCC decision promptly.
12. Approval of a subdivision permit or plat does not constitute or imply approval of a permit for any prospective use of any lot created.
13. Unless an existing subdivision is being re-divided and has been previously zoned RR Zone, approval of a subdivision permit or plat is contingent on rezoning results.
H. Development Permits: The purpose of the development permit procedure is to ensure that routine land development and building activity complies with this title. Applications for development permits shall follow the procedure described herein.
1. The developer shall file a properly completed application form, the required supporting materials, including a site plan, and the required application fee with the Administrator. The application for a development permit may be submitted and processed simultaneously with the application for a lot split permit or a building permit required by the IBC.
2. The Administrator shall determine whether the proposed building or use is in compliance. If he/she finds that the proposed building or use complies, the application for a permit shall be approved. If he/she finds that the proposed building or use does not comply, the application for a permit shall be disapproved.
3. The Administrator shall notify the developer of the decision promptly, except as provided in subsection H4 of this section.
4. The Administrator may refer any development permit application to the PZC for confirmation of its compliance or lack of compliance with the comprehensive plan and this title. All such referrals shall be placed on the agenda of the next regular PZC meeting.
5. The Administrator's decision may be appealed to the PZC using the appeals procedure of subsection 10-2-3A of this chapter. Any person wishing to appeal a decision shall file a notice of appeal with the Administrator within fourteen (14) days after notice of the decision being appealed is received. Developers proceed at their own risk during the appeal period.
I. Special Use Permits: The purpose of the special use permit procedure is to implement the comprehensive plan by requiring intensive public review of certain developments, and by requiring those developments to comply with performance standards designed to assure their compatibility with neighboring uses, the landscape setting, and the capacity of public facilities and services. Applications for special use permits shall follow the procedure described herein.
1. The developer shall file a properly completed application form, the required supporting materials, including a site plan, and the required application fee with the Administrator. Upon review of the application and supporting materials, the Administrator, in his discretion, should the application require such, schedule the developer and his supporting materials for a sketch plan review or other review before a workshop or working session of the Planning and Zoning Commission, prior to accepting the application form. At the work session the Planning and Zoning Commission may require additional information or explanation, prior to the public hearing on the application.
2. The Administrator shall place a hearing on the application on the agenda of the next regular PZC meeting for which the notice requirements of subsection I4 of this section can be met and at which time will allow proper consideration of the proposed special use.
3. The Administrator may contract for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the Administrator for use at the hearing. The Administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials.
4. The Administrator shall provide notice of the hearing, as follows:
a. By First Class Mail: To all adjoining property owners and all owners of property within one thousand feet (1,000') of the site at least fifteen (15) days before the hearing, except as provided in subsection I4e of this section.
b. By Publication: One legal notice in the official newspaper and posting on County website, appearing at least fifteen (15) days prior to the hearing.
c. By First Class Mail Or By Fax: To media and interested agencies and individuals who have requested, in writing, that the Administrator provide such notice, and to all potentially affected public service providers, specifically including the potentially affected school districts, highway districts, irrigation entities, law enforcement agencies and fire districts.
d. By Posting On The Site: At least seven (7) days before the hearing a sign conveying the required notice shall be posted on the site. Such signs shall be prominently visible from the nearest public road.
e. Two Hundred Or More Notices: Where two hundred (200) or more first class mail notices would be required, the Administrator may provide notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the County, at least fifteen (15) days prior to the hearing date.
f. Compliance: All notices shall comply with the requirements of subsection K of this section.
5. The PZC shall conduct a hearing on the proposed special use. No application for a special use permit shall be approved if the developer or a representative is not present.
6. The PZC shall determine whether the proposed special use is in compliance with the comprehensive plan and all requirements of this title. If it finds that the proposed special use complies, it may approve the application. If it finds that the proposed special use does not comply, it may disapprove the application. Conditions may be attached to approval of the permit, as provided in subsection J of this section.
7. The Administrator shall notify the developer and interested parties of the PZC's decision promptly.
8. The PZC's decision may be appealed to the BOCC using the appeals procedure of subsection 10-2-3A of this chapter. Any person wishing to appeal a decision shall file a notice of appeal with the Administrator within fourteen (14) days after notice of the decision being appealed is mailed. Developers proceed at their own risk during the appeal period.
J. Conditions: Conditions may be imposed on any lot split, development, subdivision, or special use permit approval, or variance, if:
1. The conditions are clearly designed to assure compliance with one or more specific requirements of this title; and
2. A list of all conditions imposed is provided to the developer with notice of the decision. That list shall specifically identify the provision of this title the condition is designed to implement.
K. Hearing Notices: All required notices shall provide the following information:
1. A legal description of the development site;
2. The address of the site, or another general description by which the public can locate it;
3. The present land use at the site;
4. The proposed use and, for subdivisions, proposed number of lots and average proposed lot size;
5. The body (PZC or BOCC) that will conduct the hearing;
6. The date, time, and place of the hearing;
7. A statement of the availability of application materials for public review.
L. Approvals Valid For Two Years: Permits, including variances, shall be valid for two (2) years from the date of approval, unless extended by a development agreement, as provided in section 10-16-5 of this title. If a building permit is issued, or if activity authorized by the special use permit commences prior to the expiration of the permit, then the terms of the special use permit are incorporated into the building permit or continue to apply to the activity taken, and the permit shall continue to be valid without requiring to be renewed. If no activity is undertaken as authorized by the permit, and no building permit or other authorization is issued, the Planning and Zoning Commission may authorize an extension, upon application, if the application shows justifiable cause for a reasonable extension.
M. Permits Required For Electrical Connection:
1. No person may apply for or use electrical service in any newly placed or built structure without first securing a building permit for the construction or placement of the structure.
2. No person or corporation shall furnish electrical service or power to any structure without first securing the number of the building permit for the structure, to which the electrical service is to be furnished.
3. The term "structure" as used in this section shall mean one of the following:
a. Any new building to which electrical service has not been previously furnished.
b. Any manufactured or mobile home to which electrical service has not been previously furnished at the present site of said mobile home or manufactured home.
4. In an instance where the building official determines that a structure is exempt from the requirements of the International Building Code and therefore no building permit is required, a zoning permit number shall be issued. (Ord. 2019-01, 1-14-2019)