Jefferson County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE III
Permits and Certificates of Occupancy
Section 400.310 Purpose and Intent.
[Zoning Order §3.010, 4-2-2008]
It is the intent of this Article to set forth the permits that are required for the development of property in the County and the regulations governing the application for, consideration of and issuance of permits. This Article will allow a person developing property to determine when a permit is required, what information must be submitted and what criteria will be used by the County to determine if the permit shall be issued. This Article also sets forth the procedures that must be followed if the applicant desires to appeal the non-issuance or revocation of a permit.
Section 400.320 List of Permits and Certificates.
[Zoning Order §3.020, 4-2-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
The following chart contains a list of the possible permits and certificates that may be required for the development of property in the County. The "purpose" column is only for descriptive guidance to the reader. A determination of whether a permit is required for the development of property is made on a case-by-case basis, based upon the requirements of this UDO.
Type of Permit or Certificate | Purpose |
|---|---|
Land Disturbance Permit Division 2 | Grading, excavation or any activity precedent to development of land for any use other than agricultural use. |
Building Permit Division 3 | Construction or expansion of any building or structure. |
Conditional Use Permit Division 4 | Uses not allowed by right because of their unique impact on adjoining uses of land but with specific requirements may be allowed in certain areas and which are subject to individualized consideration and public hearings. |
Right-of-Way Excavation Permit Division 5 | Opening or excavation, or any act incident thereto, in the public right-of-way. |
Sign Permit Division 6 | Installation or construction of any sign regulated under the Code except those specifically exempted. |
Certificate of Occupancy Division 7 | Occupation of a building. |
Special Event Permit Division 8 | Occurrence of a special event at a specific time and location under specified conditions. |
Floodplain Development Permit Division 11 | Construction of a building, structure or any development within a floodplain zone. |
Section 400.330 Action On Permit Applications.
[Zoning Order §3.030, 4-2-2008]
A.
Permit Requirement. A permit application shall be submitted to the County for each permit that is required by this UDO. The contents and submission requirements for each permit shall be as set forth or referenced in this Article. Upon submission of a complete permit application, the County will consider the permit application based on the approval criteria set forth in the applicable Division of this Article and may issue the permit if all applicable criteria are satisfied by the applicant.
B.
Revocation Of A Permit.
1.
Grounds of revocation. A permit may be revoked in writing by the County office that issued the permit, when it appears to the Director of that office that one (1) or more of the following conditions is present:
a.
There is, without approval from the Director of that office, substantial departure from the plans, specifications or conditions referred to in the permit or that were the basis for the issuance of the permit;
b.
The permit was procured by fraud, misrepresentation or a false statement;
c.
The permit was issued by mistake;
d.
Activities taken pursuant to the permit violate the provisions of this UDO or any other provision of the County Code.
2.
Notice. Notice of the revocation shall be mailed to the permittee's last known address on the day the permit is revoked and shall be posted in a prominent location on the property by the County office that issued the permit. The notice shall state the grounds for the revocation. Once notice of revocation has been served or posted, no further activities or use of the property authorized by the permit shall proceed.
Section 400.340 Appeals.
[Zoning Order §3.040, 4-2-2008]
An applicant may appeal the non-issuance of a permit and a permit holder may appeal the revocation of a validly issued permit, pursuant to the appeal procedures specified for each type of permit below.
Section 400.370 Land Disturbance Permit - When Required.
[Zoning Order §3.070, 4-2-2008]
A land disturbance permit shall be obtained from the County prior to commencement of any land disturbance activity affecting one (1) acre or more, such as mechanized clearing or grading that removes the vegetative ground cover on any site as set forth in Chapter 505, Article II, Section 505.190 of this code and the Jefferson County Erosion and Sediment Control/Stormwater Management Design Manual as adopted by the Governing Body and incorporated herein by reference.
Section 400.380 through Section 400.410. (Reserved) [1]
[1]
Editor's Note: Former Section 400.380, Land Disturbance Permit — Application, Content and Submission Requirements, adopted by Zoning Order §3.080, 4-2-2008; Section 400.390, Land Disturbance Permit — Consideration, adopted by Zoning Order §3.090, 4-2-2008; Section 400.400, Land Disturbance Permit — Appeals, adopted by Zoning Order §3.100, 4-2-2008; and Section 400.410, Land Disturbance Permit — Exemption, adopted by Zoning Order §3.110, 4-2-2008, were repealed by Ord. No. 20-0406, 9-29-2020
Section 400.420 Building Permit - When Required.
[Zoning Order §3.120, 4-2-2008]
No building, structure or activity regulated by the Building Code shall be erected, constructed, enlarged, altered, repaired, remodeled, moved, converted or demolished within the County unless a separate permit for each building or structure has first been obtained pursuant to the requirements contained in the Building Code and all other applicable County orders and regulations.
Section 400.430 Building Permit - Application, Content and Submission Requirements.
[Zoning Order §3.130, 4-2-2008; Ord. No. 07-30-2008 §§1 — 2(3.130), 7-30-2008; Ord. No. 20-0406, 9-29-2020]
Applications for building permits shall be filed on the form required by the Code Enforcement Division. A site plan showing the property lines, front building line, side building lines, rear building line, location of the proposed structures, floodplain, floodway and stream order buffers shall be required as part of the building permit application for all construction, including accessory structures, on lots 4.99 (four and ninety-nine-hundredths) acres in size or less where the proposed structure will be located within 100 feet of any of the property lines. The location of proposed structures and property lines shall be staked on the lot by a licensed professional land surveyor. The site plan shall be signed and sealed by a licensed professional land surveyor or engineer. Site plans for attached decks shall not be required to be signed and sealed by a licensed professional land surveyor or engineer nor shall the location of attached decks be required to be staked. Structures less than two hundred (200) square feet in size shall not be required to be signed and sealed by a licensed professional land surveyor or engineer nor shall the location of structures less than two hundred (200) square feet in size be required to be staked.
Section 400.440 Building Permit - Consideration.
[Zoning Order §3.140, 4-2-2008]
Building permit applications shall be considered by the Building Official. The permit may be issued if the Building Official determines that all applicable requirements of the Building Code and all other applicable County codes, orders and regulations have been satisfied.
Section 400.450 Building Permit - Appeals.
[Zoning Order §3.150, 4-2-2008]
All appeals from non-issuance of a building permit application or revocation of a building permit shall be as set forth in the Building Code.
Section 400.470 Conditional Use Permit.
[Zoning Order Art. 3, Div. IV, 4-2-2008]
See Article IX for conditional use permit.
Section 400.500 Right-Of-Way Excavation Permit - When Required.
[Zoning Order §3.170, 4-2-2008]
No person shall perform an opening or excavation, or any act incident thereto, in the public rights-of-way or in the streets or alleys within the County without first obtaining written authorization for construction from the County Public Works Department Highway Division. If any emergency road crossing is needed, verbal permission may be obtained by contacting the County in advance of construction, with written agreement to follow at earliest possible time.
Section 400.530 Sign Permit - When Required.
[Zoning Order §3.200, 4-2-2008; Ord. No. 16-0100 §2, 1-4-2016]
A.
Requirement. In addition to any building permit that may be required by this Article, a sign permit shall be obtained from the Planning Division prior to installation or construction of any sign regulated under this UDO, except with respect to signs specifically exempt under Subsection (B) of this Section.
Section 400.540 Sign Permit - Application, Content and Submission Requirements.
[Zoning Order §3.210, 4-2-2008; Ord. No. 16-0100 §2, 1-4-2016]
Application For Sign Permit. An application for a sign permit shall be made to the Planning Division upon a form provided by the County. The application shall be accompanied by written approval of the property owner, drawings in the form, at the level of detail and with specifications as required to comply with the requirements of Article XIII and any required fees.
Section 400.550 Sign Permit - Consideration.
[Zoning Order §3.220, 4-2-2008; Ord. No. 16-0100 §2, 1-4-2016]
A.
The sign permit application shall be considered by the Director. The permit may be issued if it appears to the Director that all requirements of this UDO have been satisfied. The Director may grant the permit with conditions.
B.
A program for signs shall be considered by the Director. The program for signs may be approved by the Director upon a finding that the plan provides that signs of a similar type and function within the development shall have a consistency of size, lettering style, color scheme and construction materials so as to present a unified design concept, while respecting the differences between tenant types and occupancies.
Section 400.560 Sign Permit - Appeals.
[Zoning Order §3.230, 4-2-2008; Ord. No. 16-0100 §2, 1-4-2016]
The applicant may appeal the non-issuance of a sign permit and a permit holder may appeal the revocation of a validly issued sign permit to the Board of Adjustment pursuant to Section 400.5770.
Section 400.590 Certificate of Occupancy - When Required.
[Zoning Order §3.240, 4-2-2008]
No new or existing building or structure, for which the Jefferson County Building Code requires an occupancy permit, shall be occupied or used within the County until a certificate of occupancy (temporary and final), certifying that the building or use complies with all regulations of this UDO and other applicable provisions of the County Code, has been issued by the Building Official pursuant to the Building Code.
Section 400.600 Certificate of Occupancy - Consideration.
[Zoning Order §3.250, 4-2-2008]
The request shall be considered by the Building Official and may be granted if found to satisfy the criteria set forth in the Building Code and other related issues as required by the Planning Division and other governmental agencies that regulate occupancy of a structure or use.
Section 400.610 Certificate of Occupancy - Appeals.
[Zoning Order §3.260, 4-2-2008]
All appeals for non-issuance of a certificate of occupancy request or revocation of a certificate of occupancy shall be as set forth in the Building Code.
Section 400.620 Certificate of Occupancy - Records.
[Zoning Order §3.270, 4-2-2008]
A record of all certificates of occupancy shall be kept on file in the office of the Building Official.
Section 400.630 Certificate of Occupancy - Connection With Sewer System.
[Zoning Order §3.280, 4-2-2008]
Except where some other method of handling liquid waste has been specifically approved by the County, no certificate of occupancy shall be issued by the Building Official for any building or use until the property has been connected with a sanitary sewer/wastewater system that has been approved by the applicable State and local authority.
Section 400.640 Certificate of Occupancy - Parking.
[Zoning Order §3.290, 4-2-2008]
Prior to issuance of a certificate of occupancy for a new building or structure or change in use of an existing building or structure, all parking requirements, as specified in Article XII of this UDO for the new use, shall be met or otherwise approved by the Director.
Section 400.670 Special Event Permit - When Required.
Section 400.680 Special Event Permit - Application, Content and Submission Requirements.
[Zoning Order §3.330, 4-2-2008]
A.
A complete application shall be submitted to the County at least ten (10) days prior to the requested start date of any special event. Any person desiring to operate any special event that, in accordance with Article XI of this UDO, requires a special event permit shall submit a written application on the form provided by the County to the Director. The application shall set forth and contain the following information:
1.
Name and address of the applicant.
2.
Names and addresses of the owner of the premises on which the proposed event is to be held.
3.
Written approval from the property owner agreeing to the proposed event, if the applicant is not the same as the property owner.
4.
Parcels on which the proposed event is to be held.
5.
Date of the proposed event.
6.
A narrative written description of the proposed event, the hours of operation, anticipated attendance and any buildings/structures, signs or attention-attracting devices proposed to be used in conjunction with the event, as well as a statement that the standards set forth in Article XI of this UDO have been satisfied. The narrative written description shall also state what streets, if any, are requested to be used for the special event.
7.
A site plan in the form and the level of detail as required by the Director showing the location of all existing or proposed uses, structures, parking areas, outdoor display areas, signs, streets and property lines.
8.
Location and number of proposed temporary public toilets, if applicable.
9.
Proposed temporary potable water supplies, if applicable.
Section 400.690 Special Event Permit - Authorization By Director.
[Zoning Order §3.340, 4-2-2008]
A.
Type 1, 2 and 3 special events (as defined in Section 400.3890) may be issued a special event permit by the Director on the form provided by the County when the following conditions, as applicable as determined by the Director, have been satisfied:
1.
A complete application is made on the form provided by the County and a fee paid in accordance with Section 400.160.
2.
The application has been reviewed by the fire district for traffic control and other safety concerns and by the Public Works Department for access considerations of a State or County street.
3.
An electrical plan, if required for the special event, is approved by the Building Official.
4.
The Director determines the following:
a.
The special event will comply with the special event performance standards set forth in Section 400.3940;
b.
The special event will not endanger the public health, safety or general welfare given the nature of the activity, its location on the site and its relationship to parking and access points;
c.
The special event will not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, smoke, odor, glare, litter or visual pollution (see Article II);
d.
The special event shall comply with all applicable State and Federal health, safety, environmental and other application requirements.
Section 400.700 Special Event Permit - Authorization By Planning Division.
[Zoning Order §3.350, 4-2-2008]
All Type 4 events and any other event not meeting the criteria of a Type 1, 2 or 3 special event may be granted a special event permit by the Planning Division after review and report by the Director and when all applicable conditions set forth in Article XI have been satisfied.
Section 400.710 Special Event Permit - Appeals.
[Zoning Order §3.360, 4-2-2008]
In the event the Director denies an application, the Director shall issue a written statement of the fact of the denial to the applicant. The applicant, in the event of a denial of a special event permit, and a permit holder, in the event of the revocation of a special event permit, shall have the right to appeal a decision of the Director to the Planning and Zoning Commission.
Section 400.720 Special Event Permit - Standards of Operation.
[Zoning Order §3.370, 4-2-2008]
The standards and conditions governing the operation of a special event pursuant to a special event permit shall be as enumerated in Article XI and as specified in the permit.
Section 400.730 Special Event Permit - Prohibition On Transfer.
[Zoning Order §3.380, 4-2-2008]
No special event permit issued under the provisions of this Division shall be assignable or transferable to any other person or transferable to another location for the operation of a special event by that business or person at a different location.
Section 400.800 Floodplain Development Permit.
[Zoning Order Art. 3, Div. XI, 4-2-2008]
See Chapter 405, Flood Damage Prevention.
Section 400.830 Parking Lot Permit.
[Zoning Order Art. 3, Div. XII, 4-2-2008]
See Article XII for parking lot permit.