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Northport City Zoning Code

ARTICLE 12.

DEVELOPMENT APPROVAL PROCESS

Sec. 12.01.- Purpose.

This Article sets forth the procedures required for obtaining development approval within the City of Northport. However, the approval of a development under the provisions of this Article does not imply any variation or waiver of any provisions of the building code, housing code, fire code, or any other applicable code, standard, or regulation adopted by the City of Northport, the State of Alabama, or the United States Government.

(Ord. No. 2249, 1(Exh. A), 12-16-24)

Sec. 12.02. - Subdivisions.

Any subdivision, resubdivision, or combining of lots within the City of Northport and within the City's planning jurisdiction, must comply with the Northport Subdivision Regulations.

(Ord. No. 2249, 1(Exh. A), 12-16-24)

Sec. 12.03. - General Development Plan.

12.03.01.

A General Development Plan is required for any Performance Residential Development which requires Conditional Use approval in the applicable district.

12.03.02.

The General Development Plan must show the entire development site, all component stages or phases, and the overall development concept for the site at build-out. The plan must demonstrate compatibility between adjacent land uses. The plan has two additional purposes: to ensure that required amenities keep a reasonable pace with residential construction in a phased development; and to establish an outer perimeter for the purpose of calculating density and required open space.

12.03.03.

Submittal requirements for General Development Plan are provided in Appendix A-6.

12.03.04.

General Development Plans involving subdivisions are reviewed and approved by the Commission prior to or simultaneously with any subdivision plat submitted.

12.03.05.

The General Development Plan must include a schedule showing density and open space on a cumulative basis upon completion of each phase. All stage or phase plans must be consistent with the approved General Development Plan.

12.03.06.

Once approved, the General Development Plan becomes a binding condition of development on the site, and subsequent stages or phases of the development must be substantially consistent with it. If the Director finds that any stage or phase plan substantially deviates from the approved General Development Plan, a revised General Development Plan must be approved prior to approval of further site plans or subdivision plats within the development.

12.03.07.

Any of the following changes constitute a substantial deviation from the General Development Plan:

A.

An increase or reduction in land area of the development.

B.

An increase in the total number of dwelling units.

C.

Any reduction of recreation, resource protection, or open space land.

D.

Proposal of single family attached, duplex, multifamily or zero lot-line development in place of approved single-family detached housing.

E.

Any significant addition, removal or rearrangement of land uses and streets.

12.03.08.

General Development Plan approval expires 24 months after granted unless significant progress has been made toward implementation of the development. Such progress must be commensurate with the scale of the project.

(Ord. No. 2249, 1(Exh. A), 12-16-24)

Sec. 12.04. - Site Plan Review.

Site plan review is required to ensure that development projects meet the requirements of this Ordinance prior to the issuance of a development permit. It is the intent of this Section that the site plan and design review process be a part of the permit application process, and that the site plan is the instrument by which improvements to the site will be constructed and inspected prior to occupancy of the development.

12.04.01.

Development Requiring Site Plan Approval. Site plan approval is required for all proposed construction projects, other than detached single-family dwellings, including, but not limited to, nonresidential development, Performance Residential Developments, manufactured home subdivisions, parking facilities, and infrastructure improvements. This includes clubhouses and other ancillary facilities within a residential subdivision. Site plan approval is required for the subdivision of an existing development site of a type subject to site plan requirements, and/or an expansion, reduction or reconfiguration of any such development type. For any proposal in which these requirements are unclear, the Director determines whether site plan approval is required.

12.04.02.

Review of Site Plans.

A.

The following criteria are used in determining whether to approve a site plan:

1.

Completeness of application information as required herein.

2.

Consistency with adopted policies and standards of the Comprehensive Plan and any other plans adopted by the City.

3.

Uses permitted on the development site under the provisions of this Ordinance.

4.

Whether the site plan meets applicable design standards established by this Ordinance and other City regulations.

5.

Availability and adequate capacity of public facilities and utilities to serve the development, such as roads, sewer, water, schools, solid waste disposal, and fire protection (including access to the site for emergency vehicles).

B.

No site plan will be approved that is inconsistent with any applicable requirement of this Ordinance unless a waiver, variance or special exception has been granted.

12.04.03.

Any request for waivers from the requirements of this Ordinance, except as otherwise provided for landscaping in Section 9.10.03, Alternative Compliance, must be submitted to the Board in accordance with either Section 14.03, Variances, or Section 14.04, Special Exceptions, and as further provided herein.

A.

The following standards may be modified through approval of a Special Exception request:

1.

Reductions of parking requirements above that which may be approved in accordance with Section 8.03.03, Administrative Reduction of Required Parking.

2.

Façade treatments, only where buildings in the immediate vicinity are of like design

B.

This may be done only upon a specific finding by the Board that such requirements are inappropriate as applied to a particular development site due to its size, proposed use, or location, and that approval of the Special Exception would not conflict with the intent of this Ordinance or confer upon any property owner a right or privilege denied to other property owners within the same district.

12.04.04.

Pre-Design Review.

A.

A pre-design meeting is required for each site plan. At that time the staff will provide the applicant with guidance regarding the requirements of this Ordinance, and any other regulations which apply.

B.

At the pre-design meeting, the applicant provides the Department with basic information regarding the proposal, including preliminary sketches. This information should form the basis upon which the staff may advise the applicant on the subsequent steps required to gain site plan approval and the information required for formal application.

C.

All requests for waivers or variances should be submitted to the Department at the conference. Upon request, the Department may waive specific site plan information requirements if it is determined that the specific requirements are unnecessary due to circumstances unique to the property, or if the requirements have been previously submitted and approved. Such requirements may be set aside only to the extent that the intents of this ordinance are not violated.

D.

It is the applicant's responsibility to allow adequate time for the pre-design meeting and any other available guidance to have a complete application package submitted and formal review completed before the desired construction start date.

12.04.05.

Formal Submission and Review.

A.

General requirements for Submission.

1.

Site plan applications must be submitted through the City website. One copy of the site plan, a completed application form, all other necessary attachments, and requisite application fees must be submitted to the Department to initiate site plan review. Additional copies may be required by staff for review by appropriate state, regional and county agencies. Subsequent submittals for the same application may be in electronic format.

2.

Site plans must be prepared and sealed by the appropriate licensed professional in accordance with state and federal law. Full engineering drawings must be submitted by an engineer. In all cases, engineering plans addressing drainage, road construction and other technical aspects of development design must be sealed by a civil engineer. The City Engineer may require additional information as necessary.

3.

Site plan applications must be submitted within one year of the pre-design meeting or will be treated as a new submission.

4.

Sketch plans and drawings submitted with other zoning-related applications will not be accepted for site plan review unless they are prepared in accordance with this Section and contain all required information.

5.

A site plan must accurately show all relevant information about a proposed development to permit it to be reviewed against the requirements of this Ordinance, and to provide a permanent record as to the type and characteristics of development approved on the site.

6.

Unless specifically waived by the Director, all of the information specified in the Appendix A-5 must be shown on all site plans. Site plan applications submitted without complete information and fees required herein will not be reviewed.

B.

The Director and other staff review site plans for conformance to this Ordinance and other City regulations. Staff must review and approve or disapprove the site plan within 15 working days after submission of a complete application. When a site plan is disapproved, the reason for the disapproval is provided in writing to the applicant within 15 working days of the first submittal of a complete site plan. When a revised Site Plan is submitted, approval or disapproval, including reasons for disapproval, if applicable, is provided in writing to the applicant within eight working days. Failure of the Department to approve or disapprove a Site Plan within the time periods herein does not constitute approval of the Site Plan as submitted nor waive any requirement in this Ordinance.

C.

Nothing contained herein precludes the Department from accepting for review and processing building construction plans for structural, mechanical, electrical, and plumbing systems prior to site plan approval, subject to such conditions as may be established by the Department relative to processing of site plans prior to final approval. However, in no case may any development permit be issued until the site plan has been approved.

12.04.06.

Approval of Site Plans.

A.

Site plans are approved or disapproved by the Director and City Engineer. Approved plans are signed electronically and transmitted accordingly to the applicant.

B.

If approved with conditions, the Department will indicate the nature of the conditions to the applicant in writing.

C.

Upon approval of a Site Plan, one print copy, and any additional copies as may be required by the City, of the approved site plan must be submitted to the Department prior to issuance of a development permit.

12.04.07.

Effect of Site Plan Approval.

A.

Upon final approval of a site plan, no structures, uses, or development of any kind will be permitted on the site except in accordance with the site plan and related approved plans for development phasing, building construction, grading, drainage, and other site design elements.

B.

Approved site plans remain valid for 18 months after final approval, and a building permit for the development must be obtained during that time period. The Director may make an extension of site plan approval for a single period up to six months from the date when a site plan would otherwise expire. An extension may be granted only if the Director concludes that the applicant has proceeded with due diligence and in good faith, and that conditions have not changed substantially so as to warrant a new application. All such requests for extensions must be submitted in writing not less than 30 days before the expiration of the approved site plan stating the reason for the time extension request.

C.

Requests for extensions in excess of six months will not be granted. Instead, the applicant must submit a new application for Site Plan Review.

D.

All building and construction permits issued for any project requiring site plan review must be consistent with the approved site plan. Site plan approval may not be construed, under any circumstances, to waive or otherwise diminish the applicable City requirements for construction or installation of structures or materials. Whenever a conflict between the approved site plan and such construction requirements occurs, the more restrictive, or that requiring the higher standard, prevails.

12.04.08.

Modification or Termination of Site Plans.

A.

Any modification of an approved site plan must be submitted and approved by the Director.

B.

In the event of a change to these regulations, approved site plans and site plans for which a pre-design meeting has been held are subject to the regulations in effect at the time of approval or the pre-design meeting, respectively, in accordance with Section 1.05, Transitional Rules.

C.

The applicant may cancel the site plan at any time between approval and expiration by submitting a written request to the Director.

12.04.09.

Integration of Other Review Procedures. Any site plan to be built in stages or requiring variance, special exception or conditional use approval must be coordinated as set forth below:

A.

Development Built in Stages.

1.

As part of the site plan application, the developer must submit a proposed stage plan, including a schedule for completion of all improvements. If any performance residential uses, a General Development Plan pursuant to Section 12.03, General Development Plan, is also required. Once a stage plan has been approved, no land may be used and no building may be occupied except in accordance with such plan. At the Director's discretion, a new site plan may be required for each successive stage of the development.

2.

Stage configurations must be logical and consistent with the purposes of this Ordinance. If appropriate, the Director may require that any or all portions of required landscaping and buffers be provided during the first stage of development, even though some buffers or portions thereof lie outside the stage. Each stage, at a minimum, must include adequate parking, drainage facilities, landscaping, and all other features needed to serve that portion of the total development.

3.

Prior to approval for construction of any one stage, an engineering stage plan must be submitted to and approved by the City Engineer. This plan must address site grading, erosion control, stormwater management, internal traffic circulation, and any other design elements required by the City Engineer.

4.

In approving a stage plan, the approving authority may specify certain site improvements to be provided at a percentage rate exceeding that of construction of the overall development. These may be elements of engineering design or requirements of this Ordinance, including, but not limited to, parking, drainage facilities, erosion control measures, landscaping and buffers. Where the applicant has agreed to provide off-site improvements, such as traffic signals, turn lanes, and sewer lines, the approving authority may require such improvements to be in place upon completion of any stage of the development.

B.

Variance. Those developments requiring a variance in conjunction with Site Plan Review must have the variance approved prior to site plan approval. This includes existing development sites, proposed for expansion or reconfiguration, which are nonconforming to any requirement of this Ordinance. The site plan may be reviewed concurrently with review of the variance request, but the site plan may not be approved until the variance has been approved.

C.

Conditional Uses. For developments requiring approval of a conditional use, the site plan may not be approved until the Council has acted on the Conditional Use. However, a site plan and a conditional use request may be processed concurrently.

12.04.10.

Non-Compliance. Failure to comply with an approved site plan or any of the conditions upon which such approval was contingent, including time limits for performance, is cause to deny issuance of a building permit or, where a building permit has been issued pursuant to an approved site plan, to render such permit invalid and is cause to deny a certificate of occupancy. Any action, construction, development or use of property undertaken in violation of the provisions of this Section for a site plan constitutes a violation of this Ordinance and may be subject to a stop-work order.

12.04.11.

Development Site to Be Unified.

A.

Internal Division of Ownership.

1.

Except as provided in this section, the development site must remain unified by title under one owner, or by multiple owners holding a percentage interest in the site as a whole. Where a development site consists of two or more existing lots under the same ownership, all such lots must be combined in accordance with the Subdivision Regulations prior to final approval of the site plan.

2.

Where spatial division of ownership within a development site is proposed, the owners of all component properties must accept the following conditions in receiving site plan approval:

a.

No individual property will be used or developed in any way that is not consistent with the approved site plan.

b.

Development rights on each parcel are combined with those of the balance of the development site, and the City will consider no separate development proposals unless the development site can be divided in accordance with the provisions of this Ordinance.

c.

No parcel of land within a development site may be subdivided, sold or otherwise conveyed for the purpose of new development that is not authorized under the approved site plan.

3.

All owners of property within the development site must authorize one person, designated as the applicant, to represent them collectively before the approving authority in all matters related to the site plan. In the event the designated applicant is not an owner of the subject property then a notarized "Authorization to Act as Applicant" must be completed and signed by the owners.

B.

Development Site to Be Complete. The development site must be designed to provide all required amenities and facilities, including buffers, open space, and landscaping. Except where otherwise allowed by this Ordinance, no such required features nor accessory structures, accessory uses, nor storage, may be located off-site or on adjacent properties which are leased, rented, or otherwise proposed for use on an informal basis.

12.04.12.

Design Review Standards.

A.

Site Standards. The standards for site plans listed below are intended as minimum requirements.

1.

All proposed development must meet or exceed the requirements of this Ordinance, the Subdivision Regulations and any other City ordinance as may pertain to such developments, as well as the Americans with Disabilities Act.

2.

Traffic and Access.

a.

Site plans must comply with the applicable requirements of the Engineering Design and Construction Manual and provide all necessary information to determine such compliance.

b.

Applications must state the estimated increase in vehicle trips per day to the subject property which would be generated by the proposed development. Further, the applicant must also provide for the necessary engineering studies needed to determine that entrances and exits onto public streets do not unduly increase congestion or traffic hazards to the public streets and the proposed site. Such requirements for engineering studies may be waived by the Department where the proposed use is not expected to contribute substantially to traffic and the spirit of this Ordinance is not unduly compromised.

c.

Entrances, internal streets, drives, and driveways must be constructed to accommodate anticipated traffic flows after the development is complete. Preparation of plans and specifications are the responsibility of the applicant.

d.

Applicants may be required to install, at their own expense, turn lanes, traffic signals, signs, and other improvements necessary to handle the increased traffic and potential traffic hazards.

3.

The proposed development must be in accordance with the Erosion Control Ordinance.

4.

Lighting facilities and lighted signs must be placed and shielded in such a manner, and of such a height and intensity, as not to cause direct light to shine on other properties to the extent a public nuisance is created or a safety hazard is created on a public street. See also Section 3.11, Lighting.

5.

To the greatest extent possible, utilities must be placed underground, unless the applicant can demonstrate that it is not practicable in the particular location.

6.

The proposed development must be designed to prevent danger from fire, explosion, or other safety hazards to the general public, and the persons residing or working on surrounding property.

7.

Loading docks, garbage collection areas and similar facilities and functions should to the greatest extent possible, be incorporated into the overall design of the building and the landscaping, so that the visual and acoustic impacts of these functions are fully contained and are not visible from adjacent properties or public streets. In the event that the collection areas enclose dumpsters or other equipment, screening must be provided as required in Section 9.06, Screening. Screening materials should be consistent with the principal materials of the building and landscaping.

8.

Applicants may be required to install, at their own expense, sidewalks and half-street improvements as specified in the Subdivision Regulations or the Engineering Design and Construction Manual.

B.

Architectural Guidelines. The following guidelines are intended to promote the health, safety and welfare of citizens. For site plans requiring Special Exception or Conditional Use approval, these guidelines may be supplemented or superseded by the approving authority by specific design guidelines applicable to specific uses or portions of the City as set out herein. Portable, prefabricated buildings only allowed in M-1 and M-2 zones, or as residential accessory structures.

1.

Height and Massing.

a.

Multifamily, commercial and office structures must be designed to be compatible and consistent with the architectural style and character of single-family dwellings in the immediate vicinity.

b.

Lengthy unbroken façades should be avoided. As a general guide, the maximum horizontal length of an unbroken façade plane should be 50 feet in residential districts, and 75 feet in commercial and office districts.

c.

Buildings on corner lots must be considered more significant structures, due to the fact that they have at least two front façades visibly exposed to the street. It is strongly encouraged that such buildings be designed with additional height and architectural embellishments, such as corner towers, relating to their location.

d.

Buildings should be located to front towards and relate to public streets, both functionally and visually, to the greatest extent possible.

2.

Roofs.

a.

The pitch and style of roofs should be consistent with that of surrounding structures. Generally, pitched roofs should project enough beyond the façade to cast a shadow and be of a color which would be consistent and compatible with the color and materials used on the building.

b.

Architectural embellishments which add visual interest to roofs, such as dormers, belvederes, masonry chimneys, cupolas, clock towers and other similar elements are strongly encouraged.

c.

Mechanical equipment should be concealed from public streets within the volume of the roof or enclosed within penthouse structures or screening that will substantially eliminate visibility of the equipment from public streets.

3.

Façades.

a.

Front façades should be architecturally emphasized through fenestration, entrance treatments and details. Architectural elements such as doorways, dormers, gables, and porches should be used to effectively articulate façades and reduce the scale of larger structures. Diverse architectural treatments should be integrated to avoid a cluttered appearance.

b.

Materials such as brick, stone and wood are preferred. Developers are encouraged to vary materials from building to building while limiting the number of different materials on any individual structure. In all instances the use of loud, garish colors on exterior façade materials shall be prohibited.

c.

The architectural treatment of the front façade should be continued, in its major features, around all sides of a building that are visible from a public street. It is recommended that all sides of a building should be architecturally designed to be consistent with regard to style, materials, colors and details. Blank wall or service area treatment of side and/or rear elevations, visible from a public street is discouraged.

d.

Fenestration should be architecturally compatible with the style, materials, color and details of the building. Windows should be vertically proportioned wherever possible. To the greatest extent possible, upper story windows should be vertically aligned with the location of windows and doors on the ground level, including storefront or display windows.

e.

Blank, windowless walls are discouraged. If necessitated by local building codes, the wall should be articulated by the provision of blank window openings trimmed with frames, sills and lintels.

f.

Each principal commercial building should have a highly visible customer entrance. All entrances to a building should be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticos, porches, overhangs, railings, balustrades and other similar elements. Any such element utilized should be architecturally compatible with the style, materials, colors and details of the building as a whole, including the doors.

C.

Material Standards. For buildings in C-2, C-3, C-6, M-1 and M-2 Districts, see Section 5.01.03, Material Standards. For buildings in Special Districts, Corridor Overlay District and Downtown Core Districts, refer to the applicable sections in Article 6.

D.

Parking. See Article 8, Parking and Loading.

E.

Landscaping. See Article 9, Landscaping

F.

Signage. See Article 10, Signs.

(Ord. No. 2249, (Att.), 12-16-24; Ord. No. 2268, § 1(Exh. A), 5-19-25)

Sec. 12.05. - Conditional Uses.

12.05.01.

Purpose.

A.

Upon submission of a request for conditional use approval, a review of the location, design, configuration, and impact shall be conducted to determine whether the proposed use would have a detrimental impact on neighboring properties. The review considers the proposal in terms of:

1.

Existing zoning and land use in the vicinity of the use

2.

Planned and proposed public and private developments that may be adversely affected by the proposed use

3.

Whether and to what extent the use at the particular location for which it is proposed is consistent with the intent of the Zoning Ordinance and any other development policies or regulations of the City of Northport

4.

Whether and to what extent all steps possible have been taken by the developer to minimize any adverse effects of the proposed use on the immediate vicinity and on the public health, safety, and welfare in general.

12.05.02.

Procedures.

A.

Applications for a conditional use permit must be approved prior to application for a building permit. A subdivision plat or a site plan meeting the Conditional Use submittal requirements in the Appendix A-6 must be submitted with conditional use applications. Site plan or subdivision approval may not be granted prior to or contingent upon conditional use approval.

B.

Conditional use applications are processed as follows:

1.

Applications must be submitted to the Department in accordance with the schedule posted by the City to be placed on the agenda for the next regularly scheduled Commission meeting.

2.

A public hearing will be held by the Commission after adjoining property owners have been notified of the hearing by certified mail. Signs announcing the public hearing may be placed on the property in question.

3.

The Commission will recommend disapproval if it finds that the application and record fail to establish compliance with the standards of this Ordinance or if the adverse impacts of the development, despite any mitigating conditions that might be imposed, outweigh any public or private benefits of the proposal and require denial in the interest of the overall public health, safety, and welfare.

4.

To prevent or minimize adverse effects on other properties in the neighborhood and on the general health, safety, and welfare of the City, the Commission may recommend conditions on approval as it determines are required by the general purposes, goals, and objectives of this Ordinance.

5.

Within 30 days of the hearing on the application, unless an extension of time is agreed to by the applicant, the Commission must submit its recommendation to the Council, either to approve, approve with conditions, or deny the conditional use request. Failure of the Commission to act within this time period is considered a recommendation for approval. The Commission will render to the Council its recommendation to approve, approve subject to conditions, or deny the conditional use.

6.

If the Commission recommends disapproval or fails to vote on the application within the time period established herein, it is the responsibility of the applicant to request the application be submitted to the Council for final decision.

7.

Following a public hearing, the Council will either approve or disapprove the application and establish the specific conditions under which the application is approved, if applicable.

8.

All conditions imposed upon any conditional use approval, except those which are otherwise stated in this Ordinance, must be expressly set forth in the ordinance granting approval of the conditional uses.

9.

In the event such permit is not approved or if approved subject to conditions that are not acceptable to the applicant, the applicant may appeal the Council's decision in accordance with State law.

12.05.03.

Applicability of Conditions. The violation of any condition contained in a conditional use permit is a violation of this Ordinance.

12.05.04.

General Use Standards. No conditional use may be approved unless the Council finds that the proposed use will be appropriate in the location for which it is proposed. This finding will be based on the following criteria:

A.

The proposed use must be in harmony with the general purpose, goals, objectives, and standards of this Ordinance, or any other plan, program, map, or ordinance adopted, or under consideration pursuant to official notice, by the City.

B.

The proposed use at the proposed location will not result in a substantial or undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety, and general welfare; either as they now exist or as they may in the future be developed as a result of the implementation of provisions and policies of this Ordinance, or any other plan, program, map, or ordinance adopted, or under consideration pursuant to official notice, by the City or other governmental agency having jurisdiction to guide growth and development.

C.

The proposed use will be adequately served by and will not impose an undue burden on any of the improvements, facilities, utilities, and services specified in this subsection. Where any such improvements, facilities, utilities, or services are not available or adequate to service the proposed use in the proposed location, the applicant must, as part of the application and as a condition of approval, establish ability and commit to provide such improvements, facilities, utilities, and services in sufficient time and in a manner consistent with this Ordinance, and other plans, programs, maps, and ordinances adopted by the City to guide its growth and development.

D.

The Council may attach to any conditional use approval, additional criteria dealing with landscaping, buffers, parking, lighting, building materials, or any other aspect of site plan approval they deem necessary to mitigate the impact of the proposed use on the surrounding property. The violation of any condition lawfully attached to an approved conditional use is considered a violation of this Ordinance and is subject to applicable fines and penalties.

12.05.05.

Conditional Use Approval to Run with Land. Conditional use approvals are issued for uses of land and may be transferred from one owner of the land to another. All conditions placed on said approval, including specific use types, apply to any new owner or developer. Any change to plans or uses by any owner will, at the recommendation of the Director, require re-approval through the normal approval process for Conditional Use.

(Ord. No. 2249, (Att.), 12-16-24)

Sec. 12.06. - Building Permit, Certificate of Occupancy.

12.06.01.

Building Permit.

A.

It is unlawful to commence any construction activity, including, but not limited to, excavation for the construction of any structure; demolition of any structure; storage of building materials; erection of temporary field offices; or the moving or alteration (except as otherwise allowed for minor repairs, painting, wall papering and similar work not altering the structure) of any structure; until the Building Official has issued for any and all such work a building permit. Application for building permits must be made to the Building Official on forms provided for that purpose and supplemented with appropriate plans and specifications to demonstrate proposed compliance with the Ordinance.

B.

Permits for any new use or construction that will involve the on-site disposal of sewage or waste, for a change in use or an alteration that will result in an increased volume of sewage or waste to be disposed of on the site, or which requires the County Health Department's approval may not be issued until said approval has been issued by said Health Department.

12.06.02.

Certificate of Occupancy.

A.

No land or building may be occupied or used in whole or in part for any use whatsoever until a certificate of occupancy has been issued by the Building Official, indicating that the building or use complies with all applicable requirements of this Ordinance, the building code, and other applicable codes and regulations.

B.

Certificates of occupancy may not be issued until the premises in question have been inspected and found by the Department to comply with the requirements of this Ordinance.

C.

Certificates of occupancy may not be issued unless required landscaping and buffers have been installed or appropriately bonded.

D.

The issuance of a certificate of occupancy in no way relieves any recipient thereof from compliance with all of the terms of this Ordinance and all other applicable regulations.

E.

Whenever a temporary Certificate of Occupancy is issued, failure to meet any and all conditions upon which the temporary certificate was issued is a violation of this Ordinance.

(Ord. No. 2249, (Att.), 12-16-24)

Sec. 12.07. - Fees.

A schedule of application fees for site plan approval, and other permits and public hearings required under this Ordinance are established by separate ordinance.

(Ord. No. 2249, (Att.), 12-16-24)