5.1.

Use. Except as hereinafter provided, no building or parcel of land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered except for a use permitted within the zoning district in which it is located.

5.2.

Yard occupancy. Except as hereinafter provided, no building shall hereafter be erected or altered so as to occupy any required yard, nor shall any side, rear or front yard be narrower or smaller than is required for the zoning district in which it is located.

5.3.

Yard use limitation. Except as hereafter provided, no yard or other open space provided about any building for the purpose of complying with the regulations of this chapter shall be included as a part of a yard or other open space for any other building.

5.4.

Reduction in lot area. No lot may be reduced in area below the minimum lot area as specified herein for the zoning district within which said lot is located without having obtained a variance.

5.5.

Frontage on corner lots and double frontage lots. The minimum required frontage for lots shall be governed by the subdivision regulations of the county, as amended.

5.6.

Corner visibility. No structure, planting, or other visual obstruction above the height of four feet shall be permitted within 20 feet of an intersection of two street rights-of-way or the intersection of a street right-of-way and a railroad right-of-way.

5.7.

Determination of unclassified and unlisted uses. In the event an applicant wishes to use property for a use that is not specifically identified as a permissible use or conditional use in the underlying zoning district, or a use, which is not specifically identified as a permissible use or conditional use in another district, subject to the recommendation of the planning commission and subject to the approval of the county commission, the following provisions shall apply:

1.

The county planner or his designee shall submit to the planning commission a written request for a determination of the district in which the unclassified use should be allowed as a permitted or conditional use.

2.

The planning commission shall review the request as submitted and determine if the unclassified use is of a similar character to the district in which it is proposed. The planning commission may seek an opinion of the county attorney in considering the request.

3.

If the planning commission determines and finds that the unclassified use is of a similar character and meets the intent of the uses inherently permitted within the district requested, or if the planning commission determines and finds that the unclassified use is of a similar character and meets the intent of the conditional uses provided within the district, then the planning commission shall request the county planner to prepare an advertisement for a text amendment to the zoning regulations regarding the unclassified use.

(1)

After proper advertisement and hearing before the planning commission on the text amendment to the zoning regulations to allow the unclassified use as a permissible use or conditional use, the planning commission shall make a recommendation consistent with its finding to the board of commissioners for such unclassified use.

(2)

If the board of commissioners, after proper advertisement and hearing on the text amendment to the zoning regulations to allow the unclassified use as a permissible use or conditional use, adopts the text amendment and amends the zoning regulations, the applicant shall receive a certificate of zoning compliance for permissible use or make application for a conditional use permit as provided in these rules and regulations.

4.

In the event the planning commission determines that the unclassified use is not consistent with the character and intent of the permissible or conditional uses within current zoning district, but the unclassified use is consistent with the character and intent of the permissible uses or its conditional uses within another zoning district, then the planning commission may request the county planner to prepare an advertisement for a text amendment to the zoning regulations regarding the unclassified use as a permissible use or conditional use in another district. In the alternative, the planning commission may require the applicant to first apply for a rezoning change into the appropriate zoning district.

5.

In no event shall the provisions of this section be used to allow an incompatible use or a use specifically prohibited by these regulations within a certain zoning district.

6.

Once a use has been allowed by the board of commissioners, it shall then be considered classified either under the permissible uses or under the conditional uses in the respective zoning district.

5.8.

Lot frontage and width. Each lot containing a principal building shall have frontage on a publicly owned or maintained right-of-way as set forth within and required by the subdivision regulations of the county, as amended. In special cases, such as a lot on a cul-de-sac, provided the lot width at the minimum building line is maintained, lot frontage may be reduced to not less than 45 feet. All lot width requirements shall be measured at the minimum front building setback line.

5.9.

Number of buildings on lot. Only one principal building and its customary accessory buildings may hereafter be erected on any lot, except as authorized by the provisions of this chapter.

5.10.

Interior tracts. Interior tracts shall be required to meet or exceed all requirements as set forth in the subdivision regulations of the county, as amended. An interior tract shall be connected to a public road by a permanent easement

1.

Said easement shall connect the subject property with a public road and shall be:

a.

No less than 30 feet in width;

b.

Accurately described and filed in the public land records of the county in the name of the person applying for the building permit; and,

c.

For the express purpose of ingress to, and egress from, the subject interior tract to the public road.

2.

The grant of a zoning compliance certificate or building permit in accordance with this paragraph does not constitute a waiver by the county to deny a subsequent application when the circumstances show a violation of the subdivision regulations of the county, as amended.

3.

The sharing of an easement, private access way, or driveway shall be shall be limited to two dwelling units.

5.11.

Home occupations.

(a)

Purpose and intent. The purpose and intent of land use permits for the operation of customary home occupations or professions provides for an occupation for gain or support where the residence is secondary to the primary residential use and where the ordinary course of the occupation can completed from a residence or other structure without having any significant effect on the neighborhood or area from which such home occupation is carried on.

(b)

Administrative review. It is the finding of the board of commissioners that the following occupations and professions represent customary home occupations that may be permitted in all residential and agricultural zoning districts where the same satisfies the additional specifications and requirements of this section. Under these circumstances, the application for a home occupation may receive administrative approval from the director of the department of community development, or his designee.

Accommodation of not more than four boarders or roomers;

Office of a professional person;

Animal sales and supplies;

Appraisal business;

Art studio;

Automotive decals;

Baking;

Beauty salon;

Beauty shop;

Business, financial and legal self help books and software;

Canning;

Care of not more than four children for compensation;

Carpet cleaning service;

Custom home construction;

Dressmaking or sewing;

Electric contractor;

Garage office;

General contracting;

Hair salon;

Hauling business;

Herbal crafts and soaps;

Home sales office;

Home inspections;

HVAC service calls;

Income tax service;

Internet mail order business;

Janitorial service;

Land surveying;

Lawn maintenance;

Lawn service;

Mobile disc jockey;

Paint contracting;

Paintball field business;

Photography business;

Picture framing business;

Residential trash collection;

Sales;

Teaching musical instrument(s), dance, crafts or academic subjects with instruction limited two pupils at one time;

Tree service company;

Video editing; and

Vinyl siding business.

(c)

Additional specifications. In all agricultural and residential districts, customary home occupations are permitted, however, the following additional specifications shall apply in addition to all other applicable requirements for the district in which such uses are located:

(1)

The applicant or operator must reside full-time at the residence where the home occupation or business is performed.

(2)

Home occupation shall be limited in such a way as to not generate excess traffic at its location, and shall not have in excess of, in the aggregate, ten clients or customers at its location in any 24 hour period.

(3)

The total floor space devoted to the home occupation shall not exceed 25 percent of the heated dwelling space of the dwelling.

(4)

No outside storage shall be used in connection with the home occupation.

(5)

No on-street parking shall be permitted and sufficient off-street parking shall be provided for those residing in the home and for clients and customers of the permitted home occupation.

(6)

No internal or external alterations inconsistent with the residential use of the building may be permitted.

(7)

Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of the home occupation.

(8)

No machinery that causes noises or other interferences in radio and/or television reception shall be allowed.

(9)

No chemical, electrical, or mechanical equipment that is not normally a part of domestic or household equipment shall be used in a permitted home occupation.

(10)

No external signs may be displayed advertising the product or service available.

(11)

No person other than a resident of the dwelling may be employed in the home occupation.

(d)

Prohibited Uses. A customary home occupation shall not include, but is not limited to, the following listed occupations: dancing or band instrument instruction in groups; tearooms and restaurants; tourist homes, boarding houses, or rooming houses; fish hatcheries, worm farms or bait houses; convalescent and nursing homes; kennels and animal hospitals; clinics and hospitals; and firewood sales.

(e)

Applications for customary home occupations shall include an application fee set by the board of commissioners and only information reasonably necessary to make determinations as to conformity with the provisions of this section, and as applicable, conformity with the standards herein.

(f)

Approval or denial of the application shall be made within 30 days of the date of receipt of the application and all required supporting materials. The applicant shall be notified in writing of the approval, conditional approval, or denial of the application within five working days after such decision is made. Conditional approval shall require that the specific conditions and the reasons therefore be stated in writing and agreed to by the applicant; such conditions shall be binding upon the applicant upon agreement. In the event the director of the department of community development has not approved or denied any application submitted to it within 30 days of receipt of that application, then such application be deemed to have been approved.

(g)

Appeals. In the case of disapproval, the reasons therefore shall be specifically stated in writing by designating each specific provision or section which is not met and an explanation as to the reason or reasons why each such provision is not met. The applicant may appeal the decision to the board of commissioners. All appeals to the board of commissioners for land use permits for customary home occupations shall be advertised in the same manner as applications for rezoning, and public hearings will be held thereon in the same manner as hearings on applications for rezoning are conducted.

(h)

The board of commissioners may grant land use permits for occupations or businesses compatible with the neighborhood from which such business or occupation is operated and where no nuisance as defined in state law or other significant adverse effect would result to the area or district zoned.

(i)

The applicant shall submit such additional information, documents, or other materials as are deemed appropriate to the board of commissioners for which consideration in connection with any such appeal. The board of commissioners shall consider, at a minimum, the following in its determination of whether or not to grant a land use permit:

(1)

Whether, or not there will be a significant adverse effect on the neighborhood or area in which the proposed use will be located;

(2)

Whether or not the use is otherwise compatible with the neighborhood;

(3)

Whether or not the use proposed will result in a nuisance as defined under state law;

(4)

Whether or not quiet enjoyment of surrounding property will be adversely affected;

(5)

Whether or not property values of surrounding property will be adversely affected;

(6)

Whether or not adequate provisions are made for parking and traffic considerations;

(7)

Whether or not the site or intensity of the use is appropriate;

(8)

Whether or not special or unique conditions overcome the board of commissioners' general presumption that residential neighborhoods should not allow noncompatible business uses;

(9)

Whether or not adequate provisions are made regarding hours of operation;

(10)

Whether or not adequate controls and limits are placed on commercial and business deliveries;

(11)

Whether or not adequate landscape plans are incorporated to ensure appropriate transition; and

(12)

Whether or not the public health, safety, welfare or moral concerns of the surrounding neighborhood will be adversely affected.

(j)

Renewal. A permit to operate a customary home occupation expires December 31 of each calendar year. Any permit granted under this section, after issuance, must be renewed annually not later than January 1 of each year; and an application for renewal shall be considered only in the event the current application is in full and complete compliance with all of the provisions of this section and all other appropriate ordinances of the county and the laws of this state. A renewal of the permit must meet all requirements of a new application, however, no advertisement or posting of a sign shall be required. Together with the written application described herein, applicant shall submit a non-refundable application fee equal to the cost of initiating an application hereunder.

(k)

Minimum time between applications. An applicant who is denied shall not resubmit a proposal for home occupation, affecting the same property, more than once in a 12-month period. The 12-month period begins at the date of denial of the application or denial of the application before the board of commissioners, whichever is later.

[(l)]

Appeal of decisions on home occupation use. Any person, persons or entities jointly or severally aggrieved by any decision by the board of commissioners on home occupation use, special use permits, or variances may take an appeal to the superior court of the county by certiorari. The quasi-judicial appeal shall be limited to the proceedings and record before the board of commissioners. Any appeal must be filed with the clerk of the board of commissioners within 30 days of the decision of the board of commissioners, and, upon failure to file the appeal within 30 days, the decision of the board of commissioners shall be final. For the purpose of this section, the appeal time shall run from the day the particular vote or action is taken.

5.12.

Substandard lots of record. Any lot of record existing at or before July 14, 1999, which has an area or a width that is less than is required by this chapter, may be used, subject to the following exceptions and modifications.

(a)

Adjoining lots. When two or more adjoining lots of record with continuous frontage are in one ownership at or before July 14, 1999, and such lots, individually, have an area or width that is less than required by this chapter, such groups of lots shall be considered as a single lot or several lots of the minimum width and area required in the district in which they are located.

(b)

Individual lot not meeting minimum lot size requirements. Except as set forth in subsection (a), in any district in which single-family dwellings are permitted, any lot of record, existing at or before July 14, 1999, which has an area, width or depth less than that required by this chapter may be used as a building site for a single-family dwelling.

5.13.

Certificate of zoning compliance. To determine whether a structure or use existing or proposed for any property located within the county is or may be used or developed in compliance with this chapter, the owner of the property or his agent may request a certificate of zoning compliance from the county planner. If the proposed use is an unclassified and unlisted use, the applicant must first comply with the provisions of section 5.7 before proceeding under this section.

(a)

Such request shall be in writing and on such forms as may be developed for such purpose, which shall minimally meet the following standards:

(1)

Identification of the owner of the subject property;

(2)

Identification of any agent of the owner of the subject property;

(3)

A legal description of the subject property, or alternatively a description that provides an adequate description to the satisfaction of the county planner;

(4)

A complete description and inventory of all existing structures on the subject property; whether any uses or structures are non-conforming;

(5)

A complete description and inventory of all proposed structures proposed or to be located on the subject property under this chapter and for which the certificate of zoning compliance is being requested;

(6)

A complete description and inventory of any and all activities presently occurring; and

(7)

A complete description and inventory of any and all activities proposed to occur on the subject property and for which the certificate of zoning compliance is being requested.

(8)

Certification of the agent or property owner that all the information is true and correct, acknowledgment that such information is relied upon by the county, and the certificate may be void if any material information is untrue.

(b)

The county planner or his representative shall respond in writing within three business days of receipt of a request for a certificate of zoning compliance.

(c)

The issuance of the certificate of zoning compliance shall be confirmation that the structures and/or uses located on or proposed for the subject property have been determined to be in compliance with the zoning ordinance of this county and may be legally conducted thereon as of the date of issuance of the certificate.

(d)

In absence of a certificate of zoning compliance, no representation by any official or employee of the county shall in any way legally bind the county or in any way constitute any determination that the structures and/or uses located on or proposed for the subject property are in compliance with the zoning ordinance of the county, or any appendix thereto nor shall any owner of property within the county or his agent, successor or assign, claim any vested right to maintain or construct any structure and/or conduct any use located on or proposed for the subject property.

(e)

Any certificate of zoning compliance issued hereunder shall be valid for a period of 90 days unless the underlying zoning is changed by official action by the governing authority, within which period the applicant must make further application to commence or conduct the uses requested within the application for a certificate of zoning compliance or construct any structure(s) identified in the application for a certificate of zoning compliance.

5.14.

Reserved.

5.15.

Family burial plot.

(a)

Purpose and findings. It is the finding of the board of commissioners that every competent adult has the right to control certain decisions relating to his or her own funeral arrangements. The intent of this section is to set forth minimum specifications and requirements for a family burial use. Requirements are imposed only to the extent necessary to protect the public health and from any significant effect on the neighborhood or area from which the family burial use is established. It is the further finding of the board of commissioners that a family burial plot, which satisfies the minimum specifications and requirements, shall be a principal use in the agricultural zoning district.

(b)

Minimum specifications and requirements for family burial plot.

(1)

Application. A complete application shall be filed on forms prescribed by the department of community development with required documentation as set forth in this section.

i.

Landowner consent. The notarized signatures of the applicant and at least 51 percent of all record titleholder(s) shall appear upon the application.

ii.

Fee. The non-refundable application fee to be based upon cost incurred to cause a survey to be taken of the family burial plot and same recorded in official records of the county.

iii.

Certificate of zoning compliance. At any time a person applies for a family burial plot use in the unincorporated county, the applicant shall first obtain a certificate of zoning compliance issued by the county planner or their respective designee certifying that the proposed site of the family burial use lies within the agricultural zoning district.

(2)

Area requirements. A family burial plot shall comply with the following area requirements:

i.

Minimum size of tract or parcel. The minimum size of the tract or parcel of contiguous land being considered for a family burial plot shall be ten acres.

ii.

Maximum size of family burial plot. The maximum size of the family burial plot shall be 1,600 square feet and have 40 feet of width and 40 feet of length.

iii.

Setback requirements.

(A)

The minimum setback line from any property line shall be 50 feet.

(B)

The minimum setback line from any building or structure, regardless of property line, shall be 100 feet.

(C)

The minimum setback line from any water source or surface water shall be 100 feet.

(3)

Survey. Each landowner is encouraged to provide a survey, by a registered surveyor, containing a registration point and the boundaries of the family burial plot.

(4)

Miscellaneous requirements.

i.

Vault requirement. All being interred in a family burial plot shall have an outer burial container or vault.

ii.

Perpetual access. The landowner shall provide perpetual access to the county and immediate family and descendants of those persons interred in the burial plot.

iii.

Duty to preserve and protect. The landowner, and all subsequent landowners, shall preserve and protect the cemetery or burial ground and keep safe from destruction, peril, or other adversity and may include the placement of signs, markers, fencing, or other such appropriate features so as to identify the site as a cemetery or burial ground and may also include the cleaning, maintenance, and upkeep of the site so as to aid in its preservation and protection.

(5)

Prohibited location. The family burial plot shall not be located within a floodplain.

(6)

Prohibited uses. Solicitation or sale of any burial space or grave within the family burial plot shall be prohibited.

(7)

Funeral directors. If the burial is supervised by any person licensed in the state to practice funeral directing (funeral director), the funeral director may use the following procedure in lieu of meeting the requirements set forth in subsection 5.15(b)(1).

i.

Provide a completed application to the county planner on the forms provided by the department of community development having the following information:

(A)

The name(s) and address(es) of the property owner(s).

(B)

A name, address, and telephone number of a contact person.

(C)

The size of the tract or parcel of land.

(D)

A sketch of the property showing the location of the family burial plot, buildings, property lines, any water source, and a North arrow.

ii.

The application shall be filed with the department within 48 hours of the internment by the applicant or funeral director.

(8)

Removal from tax digest. Upon completion of the above stated requirements, the landowner may present the survey, map, and certification of zoning compliance to the office of the tax assessor to have the family burial plot moved to an exempt status in the tax digest.

5.16.

Standards governing the construction, installation, or relocation of conventional and manufactured homes.

5.16.1. Purpose. It is the intent of this section to promote land use compatibility, protect property values and ensure an adequate minimum living space standard. The construction, placement, installation, and relocation of conventional and manufactured homes after August 6, 2002 shall be subject to the requirements and procedures set forth herein. The requirements and procedures of this section shall be in addition to the rules and regulations of each underlying zoning district, including but not limited to, minimum lots, yard and building spacing, percentage of lot coverage, off-street parking requirements and required foundations. It is not the intent of this section to address, interfere, or intrude upon the safety and construction standards for manufactured homes that are reserved exclusively for federal regulation.

5.16.2. Standards relating to manufactured and conventional homes.

a.

Each home (either conventional or manufactured) being constructed, installed, located, or relocated within the county shall comply with the following design standards:

1.

The pitch of the roof shall have a minimum vertical rise of three feet for each 12 feet of horizontal run within tolerances and the roof shall be finished with composition, fiberglass, slate, concrete, asphalt, or wood shingles, or non-reflective, crimped metal sheets.

2.

The exterior siding shall consist of wood, hardboard, vinyl, brick, masonry, or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) and be comparable in composition, appearance, and durability to the exterior siding commonly used in conventional homes.

3.

The tongue, axles, transporting lights, and towing apparatus from each manufactured home shall be removed after placement or relocation on a lot or parcel and before occupancy.

4.

Landings and steps leading away from all exterior doors shall be designed and constructed in accordance with state law and the county ordinances, said state law provisions being expressly incorporated by reference as part of this requirement.

5.

A foundation or curtain wall, unpierced except for required ventilation and access, and constructed of masonry or acceptable alternative materials shall be constructed and installed in compliance with county ordinances in the following residential zoning districts: Agricultural (A), Residential (R), Manufactured Home Subdivision (MHS), and Multifamily Residential (MFR). The foundation or curtain wall shall enclose the area located under the conventional or manufactured home to the ground level. Masonry or acceptable alternative materials, which shall be approved by the department director, shall have a minimum thickness of four inches. A foundation or curtain wall of vinyl or non-reflective metal skirting shall be acceptable in lieu of masonry materials for dwelling units located within mobile home parks.

6.

Each conventional home shall be constructed in accordance with the most current edition of the Standard Building Code of the Southern Building Code Congress International (SBCCI), and other ordinances adopted by the county, and hereinafter adopted.

b.

Reserved.

c.

Each conventional and manufactured home being installed, located, or relocated within the county shall contain no less than 1,230 square feet of living space.

5.16.3. Permit requirements for construction, installation, and relocation within county.

a.

Each conventional and manufactured home that is proposed to be installed or relocated within the unincorporated limits of the county may not be installed or relocated without first obtaining a building permit to install, locate, or relocate a manufactured home.

b.

Any person who desires to install or relocate a conventional or manufactured home within the county shall first apply to the department for a building permit. A building permit to construct, install, or relocate a conventional or manufactured home within the county shall not be considered a permit to occupy a dwelling. All applicable permitting requirements of the development package shall be met prior to issuance of any permits, including, but not limited to the following:

1.

Certificate of zoning compliance.

2.

Proof of no outstanding property taxes on subject property.

3.

The county environmental health septic approval.

c.

Occupancy prohibited without valid permit. No person shall occupy any conventional or manufactured home or other dwelling unit as a residence nor permit any other person to occupy the same as a residence unless a certificate of occupancy shall have been obtained as provided by this section.

d.

Prohibition for use as storage. Conventional, manufactured and mobile homes shall not be used for storage purposes or as storage buildings.

e.

Responsibilities of park owners and operators. No owner or operator of a manufactured home park shall permit any manufactured home to be installed or relocated within the confines of such park unless a building permit has been obtained for the specific manufactured home being installed or relocated. No owner or operator of any manufactured home park shall permit any manufactured home within the confines of such park unless a building permit has been obtained.

f.

Permitted use locations.

1.

A manufactured home that meets the standards for installation and relocation and the underlying rules and regulations of the respective zoning district, shall be allowed as a permitted use as a primary family residence in the following districts (A and MHS).

2.

A conventional home that meets the standards for construction, installation, and relocation and the underlying rules and regulations of the respective zoning district, shall be allowed as a permitted use as a primary family residence in the following districts (A, R, MFR).

g.

Conditional use locations. A manufactured home that meets the standards for installation and relocation and the underlying rules and regulations of the respective zoning district may be permitted as a conditional use as a primary family residence in the following districts: (R), and MFR) subject to the requirements of section 102-13.

5.16.4. Compatibility review process.

a.

Any applicant who does not meet the standards set forth in article III and contends that the proposed construction, installation, or relocation of the conventional home or manufactured home is similar and comparable in exterior appearance, building materials, and living area to other dwelling units that have been constructed on adjacent tracts, lots, and parcels may submit an application to the compatibility standards review committee (hereinafter referred to as "committee"), for a permit to construct, install or relocate said conventional or manufactured home.

b.

The procedures for approval are as follows:

1.

Applications for approval of placement of conventional or manufactured homes shall be submitted with a nonrefundable application fee on a form or forms developed for that purpose to the committee for review at the department. Conventional or manufactured homes that have been illegally placed upon a tract, lot, or parcel shall be first removed before an application for approval of placement shall be accepted.

2.

The application shall include only information reasonably necessary to make determination as to conformity with the provisions of this section. The application shall include information to determine conformity with the standards herein, a copy of the covenants and any architectural standards, other information reasonably necessary to make determinations required by this section. In addition, the application shall include recent photographs of the front, side, and rear of the conventional or manufactured home exterior finish (whichever is applicable), four pictures taken from the proposed site of the dwelling unit in the northerly, easterly, southerly, and westerly directions, and pictures of any neighbor's adjacent dwelling units. The photographs shall be taken within the 30 days prior to the submittal of the application. In addition, each application shall be accompanied by a site plan or sketch plan containing appropriate information including, but not limited to, the following:

(a)

Location of all existing buildings, structures, easements, and boundary lines.

(b)

North point, scale, land district, and land lot.

(c)

Existing use of adjacent property.

(d)

Location of all proposed buildings, structures, and land uses.

3.

Applications shall first be reviewed for completeness. If the application is rejected for not being complete, the applicant shall be notified of the reasons for rejection within 15 working days of receipt of the application. The applicant shall be responsible for the satisfaction of all of the comments prior to the resubmission of the revised application. If the revised application is not received within 30 days of notification of incompleteness, it shall be dismissed without prejudice and the applicant must resubmit a new application affecting the same property thereafter.

4.

The committee shall review the application for compatibility with the following criteria:

(a)

Architectural appearance and similarity within the development or surrounding developments, in size, siding material, roof pitch, roof material, foundation, square footage, and general aesthetic appearance;

(b)

Existing development in the same zoning district or general area, in architectural appearance and similarity within the development or surrounding developments, in size, siding material, roof pitch, roof material, foundation, square footage, and general aesthetic appearance; and

(c)

Proposed development permitted in the same zoning district or general area.

5.

Approval or denial of a complete application shall be made within 20 working days of the date of receipt of the completed application and all required supporting materials. The applicant shall be notified in writing of the approval, conditional approval, or denial of the application within two working days after such decision is made. Conditional approval shall require that the specific conditions and the reasons therefore be stated in writing and be agreed to by the applicant; such conditions shall be binding upon the applicant upon agreement. In the case of disapproval, the reasons therefore shall be specifically stated in writing by designating each specific provision of this section or other applicable county ordinance that is not met and an explanation as to the reason or reasons why each such provision is not met.

c.

Appeal from compatibility review committee.

1.

The applicant may appeal the decision of the compatibility standards review committee to the community development appeals board who will act on said appeal. The applicant may submit such additional information, documents or other materials as are deemed appropriate to the community development appeals board for its consideration in connection with any such appeal. The decision of the community development appeals board shall be in writing and shall specifically set forth findings of fact and identify specific provisions contained in this section upon which it relies, if the applicant's appeal is denied.

2.

In the event that the compatibility standards review committee has not approved or denied any completed application submitted to it within 20 days of receipt of that completed application, then such application shall be deemed to have been approved.

d.

Compatibility standards review committee. For the purpose of reviewing the standards affecting conventional homes or manufactured homes or mobile homes, as contemplated in this chapter, a compatibility standards review committee consisting of the county planner, the county building official and the county tax assessor is hereby established. A quorum shall consist of any of the three members, or their designees, and the decision of any two of the three members shall be binding on the committee and this county. The committee shall adhere to the provisions of this chapter. In the event that one or more members of the committee is/are unable to participate in the review process contemplated in this section, then such named member of or members may designate his or her associate or assistant as an alternate to act in the place of the named member until such member is able to again participate in the committee review process.

e.

Minimum time between applications. A property owner shall not resubmit an application for construction, placement, installation, or relocation of a conventional home or manufactured home affecting the same property, more than once in a 12-month period. The 12-month period shall begin at the date of denial of the application before the compatibility standards review committee or community development appeals board, whichever is the later date.

5.16.[5]. Conventional or manufactured home construction, installation, placement, or relocation before building permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical, or plumbing, including installation or relocation of a manufactured home or conventional home before obtaining the necessary permits, shall be subject to a penalty of 100 percent of the usual permit fee in addition to the required permit fees.

5.17.

Greenspace required.

A.

Findings.

(1)

Greenspace provides a recognizable and substantial benefit to the residents of new developments and contributes to the overall quality of life in the unincorporated county. Greenspace encourages conservation of land and the preservation of greenspace, wildlife habitat, environmental resources, and the enjoyment of private community facilities.

(2)

The board of commissioners determines that the creation and establishment of permanent greenspace discourages the premature and unnecessary conversion of greenspace lands to urban uses and protects against the resultant adverse impacts, such as air, noise and water pollution, traffic congestion, destruction of scenic beauty, disturbance of the ecology and environment, hazards related to geology, fire and flood, and other demonstrated consequences of urban sprawl. Furthermore, greenspace and greenways add value to neighboring houses and adjacent properties.

B.

Purpose.

(1)

To provide a requirement for private greenspace amenities to developments, and alternatively a payment in-lieu for smaller size set-asides.

(2)

To preserve approximately 20 percent of the occupied site acreage as meaningful greenspace. The occupied site acreage means all land within the development less the land necessary for laying out streets. Developments having densities greater than two dwelling units per acre shall be required to provide additional greenspace.

C.

Definitions.

(1)

A larger common plan of development or sale means a contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this definition, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.

(2)

Buffer means as an open space, landscaped area, fence, wall, berm, or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, other uses or nuisances.

(3)

Development means a subdivision plan, rezoning application, conditional use application, building permit, or land use permit.

(4)

Greenspace shall include the following:

(a)

Permanently protected land, including agricultural and forestry land whose development rights have been severed from the property, that is in its undeveloped, natural state;

(b)

Outdoor improved recreation, including but not limited to any amenity package, which may include but not be limited to a swimming pool, tot lot, playground, clubhouse, tennis, handball, volleyball, basketball, sidewalks, bike and pedestrian paths and benches, areas which include fields for competitive sports, golf courses, amphitheaters, and capital improvements needed to support such facilities;

(c)

Outdoor unimproved recreation, including but not limited to areas of outstanding scenic, historic and cultural value, areas particularly suited for park and recreation purposes, including boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, skating, birding, riding horses, observing or photographing nature, picnicking, playing non-organized sports and access to lakeshores, beaches, and rivers and streams; and areas which serve as links between major recreation and greenway corridors;

(d)

A greenway corridor that connects separate parcels of wildlife habitat, between which some species could not travel unless the greenway remains intact;

(e)

A private park that features scenic views;

(f)

Water bodies, land located within the 100-year floodplain, and utility easements may be used to partially fulfill greenspace requirements, however any overall credit received from such water and floodplain type lands and utility easements shall be reduced by 50 percent; by way of example, and not being limited to the foregoing, one acre of floodplain shall be credited as 0.50 acres of greenspace; furthermore, such water, floodplain type lands, and utility easements shall not exceed 50 percent of the required greenspace for the development unless the proposed greenspace provides exceptional recreational and/or environmental benefit by virtue of its location, connectivity to other greenspace or other exceptional qualities; and

(g)

Parking areas, road right-of-ways, impervious surfaces, retention ponds and yards with dwellings may not be included in determining greenspace, unless the greenspace contains features that demonstrate an exceptional recreational and/or environmental benefit by virtue of its location, connectivity to other greenspace or other exceptional qualities.

D.

Application and exemptions.

(1)

Application. Development that is equal to or greater than five acres shall comply with this section. However, development that consists of less than five acres shall comply with this section where the development is a part of a larger common plan of development or sale.

(2)

Exemptions. Development in an agricultural zoning district having a lot or parcel size equal to or greater than five acres and development within a PUD zoning district shall not be required to comply with this section.

(3)

Payment in-lieu. Where the total greenspace of a development contains equal to or less than three acres, the applicant may seek to provide, and the county may accept, a payment in-lieu of providing private greenspace.

E.

Greenspace requirements.

(1)

Unless modified by the board of commissioners fora specified public purpose at the time of zoning, the set-aside of greenspace acreage shall be required according to Table 1, entitled Required Greenspace.

(2)

Example: 45 houses on 100 acres.

(a)

Step 1: Compute density ratio (houses/acre) for Column 1.

45 houses ÷ 100 acres = 0.45 houses/acre

;adv=6;(b)

Step 2: Find required Greenspace in Column 2.

∝ Required Greenspace (Acres)/Dwelling Unit = 0.55

F.

Ownership and maintenance.

(1)

Ownership. Greenspace shall be owned by all land owners of the development as tenants in common.

(2)

Greenspace covenant. A greenspace covenant setting forth the requirements of section 5.17 shall be placed upon the development at or before the filing of the final plat. The greenspace covenant shall provide for the permanent protection of the greenspace. The greenspace covenant shall not be less than 20 years.

(3)

Maintenance. The county subdivision ordinance shall regulate the design, construction, and maintenance of the greenspace, and the applicant shall demonstrate that all greenspace shall be maintained in a manner consistent with the county subdivision ordinance.

G.

Form of greenspace.

(1)

Greenspace shall form sizable contiguous blocks of land that are accessible to residents of the development and, where possible, shall be designated as one separate parcel of land.

(2)

Buffers. Buffers protect the county's rural character and in shielding a development from incompatible adjacent uses.

(a)

Lands in the form of thin buffers (e.g., thin ribbons), around the development are strongly discouraged. Buffers serve a different (but important) function than greenspace.

(b)

Any strip of land that measures 20 feet or less shall constitute a buffer.

(c)

Applicants may count ten percent of a buffer area toward the development's overall greenspace amount, provided that the buffer is placed in a separate parcel.

H.

Cash payment in-lieu of land set-aside.

(1)

If the total greenspace falls below three acres, the county may allow the payment of a fee in-lieu of set-aside of land based on the appraised value of the land being platted and the amount of land required to be set-aside, if, in the judgment of the county, the quantity of land to be subdivided is of a size or configuration that set-aside of greenspace:

(a)

Is not feasible or practical; or

(b)

Will not create a parcel suitable for greenspace purposes listed herein, as defined in section 5.17C.(4).

(2)

The fee shall be paid at the time of final platting.

(3)

Appraisal requirements. The developer shall furnish an appraisal of land value for the purpose of determining the cash payment due in-lieu of land set-aside. The appraisal shall determine fair market value based upon an appraisal methodology consistent with the uniform standards of professional appraisals or other real estate valuation techniques approved and used the state when expending state funds for land acquisition. The appraisal shall be prepared by a certified appraiser and shall indicate the fair market value of the land within the proposed subdivision as rezoned and platted by the county. The director of community development may consider and, if appropriate, accept an another method of appraisal for applications involving one lot.

(4)

The county authorizes the director of community development, or his designee, to determine the fee to be paid to the county as a payment in-lieu based upon the standards set forth herein.

(5)

All fees in-lieu of set-aside payments shall be deposited in a separate fund established by the board of commissioners, and such funds and the interest thereon shall be used only for the purchase and development of public greenspace.

I.

Resubdividing greenspace; certain resubdivisions prohibited. All lands subdivided after adoption of this section shall comply with the requirements set forth herein. Where any development, which has previously complied with this section by setting-aside or providing a cash payment in-lieu of land set-aside, recombines or combines lawfully platted lots so as to create a smaller number of resultant lots by resubdivision, the subdivider shall not receive a credit for greenspace previously set-aside or a refund for cash payment made in-lieu of land set-aside. In no instance will lands set-aside, or cash payments made in-lieu of land set-aside, be returned to the applicant as a result of resubdivsion.

J.

Previously approved greenspace.

(1)

Where a development, which has previously received zoning approval from the board of commissioners, was approved with a zoning condition or stipulation that requires the applicant, owner, or subdivider to set aside a certain percentage or acreage for greenspace, and the zoning condition or stipulation is contained in (i.e., spread upon), the official minutes of the board of commissioners, the applicant, owner, or subdivider shall be required to set aside said greenspace that may be identified in a development plan.

(2)

If the percentage or acreage for greenspace is more than that percentage required by this section, the greater percentage (i.e., that approved by the board of commissioners), shall apply.

(3)

If the percentage or acreage for greenspace is less restrictive or no requirement was provided, the requirements set forth in section 5.17E., the requirements as set forth in section 5.17E. shall apply.

K.

Modifications and exceptions. The chairman and board of commissioners may modify or make exceptions from the standards and requirements set forth in section 5.17.

5.18.

Unimproved roads—Study required.

1.

Purpose. The purpose of this section is to provide a supplemental report requirement where an applicant proposes a rezoning application, conditional use application, or other application that increases the traffic volume upon adjacent unimproved public roads. Rural development is often served by unimproved public road, which are defined as dirt, gravel roads, and unpaved county roads. The density at which land is zoned has an enormous influence on the amount of traffic generated from that land and its subsequent impact on the capacity of the abutting roads. While unimproved roads preserve rural character, a rezoning that increases traffic volumes on adjacent unimproved roads may overload the capacity of unimproved roads and degrade the road beyond the threshold that the road can accommodate.

2.

Finding. Where an applicant proposes a rezoning application, conditional use application, or other application that increases the traffic volume upon adjacent unimproved roads, the board of commissioners finds it necessary to require that the applicant study the proposed impact to the adjacent unimproved roads and submit a report providing detailed findings before the applicant may proceed to a planning commission hearing on the application.

3.

Required study. The study shall include the following information.

A.

Rating the unimproved road. The applicant shall gather basic data, which include traffic volume information, for the affected unimproved road(s). The basic information shall include the physical conditions of the roadway, traffic counts, surface type, road width, drainage features, width of clear zone, road alignment rating (i.e., comfortable travel speed), and any other appropriate criteria.

B.

Gravel road capacity analysis. The applicant shall determine the capacity of each unimproved road affected by the proposed application.

C.

Calculating unused capacity. The applicant shall compare the existing traffic volumes to the capacity threshold. By subtracting out existing traffic volumes from the maximum acceptable volume level for each gravel road segment, the "unused" capacity can be calculated and allocated to the buildable, undeveloped abutting land.

D.

Land access analysis. Using the ITE trip generation manual standard of ten trips per day per single-family residential dwelling unit, the number of dwelling units that could be built without exceeding existing road capacity is then calculated (assuming no additional through traffic).

E.

Building analysis. Similarly, the maximum number of dwelling units that are permitted under existing zoning can be calculated and then compared with existing unused capacity from he last step.

4.

Development agreements.

A.

In the event the report or the county planner or department designee's analysis indicates that the unimproved road is not adequate, lacks capacity to carry additional traffic volumes, or falls below the county's level of service standards, the applicant and the county may enter into a development agreement, pursuant to which the applicant shall agree to provide the necessary public facility or facilities at the applicant's sole cost and expense, to service the proposed development in accordance with the provisions of this section. The development agreement shall provide that all such public facilities shall be constructed or bonded prior to the issuance of a building permit for all or any portion of the proposed development.

B.

The county authorizes and delegates to the chairman of the board of commissioners to authorization to enter into a development agreement with an applicant pursuant to this section only if the chairman finds that the proposed development which is the subject of this section meets all requirements of this section, the county zoning regulations, the county subdivision regulations, and all other applicable regulations. Further, the county hereby authorizes the chairman of the board of commissioners to execute a development agreement (s) and otherwise to perform all acts necessary to deliver binding development agreements for the completion and installation of necessary public facility(s).

5.19.

Permitted residential occupancies. Residential occupancy is permitted only in a conventional home, a manufactured home, or an industrialized dwelling, each as defined in section 4 of the county zoning regulations and as approved by DCA.

1.

Residential occupancy is prohibited in any structure, vehicle, or other shelter which is not a conventional home, a manufactured home, or an industrialized dwelling. Such prohibited residential occupancies include but are not limited to: recreational vehicles; shipping containers; accessory buildings or accessory structures; "tiny homes" which do not fall under the definition of a conventional home, manufactured home, or industrialized dwelling; and tents and other camping arrangements.

2.

The provisions of this section 5.19 shall be in addition to all applicable requirements for the district in which the subject use or occupancy is located and all other applicable requirements of the county zoning regulations and the county Code of Ordinances. This section 5.19 shall not be interpreted to expand the permitted or conditional uses of any district.

(Ord. of 7-14-98(2), § 5.0; Res. of 7-13-99(1), § II; Res. of 4-11-00(1); Ord. of 10-16-01(1), § 1; Ord. of 3-5-02(1), § 1; Ord. of 8-6-02(1), § 1; Ord. of 8-6-02(2); Ord. of 10-19-04(1), § 1; Ord. of 10-19-04(2), § 1; Ord. of 4-5-05(1), § 2; Ord. of 10-1-19; Ord. of 8-4-20(1), §§ 1, 3, 4, 6, 7, 9; Res. of 10-4-22(3), § 1)