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#06 - Zoning Text Amendments
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#06 - Zoning Text Amendments
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reinstatement fee shall also be paid prior to re-issuance of any subsequent permit for exterior <br />work that was not completed under a prior permit that expired. <br />(b) Certificate of zoning compliance. A certificate of zoning compliance is a zoning permit that is intended as a means of <br />administratively reviewing a new use, change in use, or structural change that does not require a building permit. <br />(1) When required. A certificate of zoning compliance or other city issued permit is required for the following activities: <br />a. A new use classification within an existing building or structure; <br />b. A change of use classification within an existing building or structure; <br />c. Addition, removal or change in parking or other on-site improvements including patios; <br />d. Small accessory structures that do not require a building permit; <br />e. Swimming pools; <br />f. Tennis courts, sport courts, or other similar improvement; <br />g. Antennas, including amateur radio antennas and wireless communications facilities that meet the criteria <br />for administrative review in LEC 105.04.240(c); <br />h. Fences six feet and less in height; <br />i. Driveways that are not authorized as part of an approved building permit; <br />j. Stormwater management activities and structures not otherwise permitted as part of a development <br />application; <br />k. Other situations or improvements requiring additional review or interpretation, as specified elsewhere in <br />this article. <br />(2) Expiration of a certificate of zoning compliance. Where a certificate of zoning compliance use has been established <br />and is discontinued for any reason for a period of one year or longer, the certificate of zoning compliance shall <br />become null and void. <br />(c) Certificate of occupancy. No vacant land shall be occupied or used and no buildings hereafter erected, altered or moved <br />shall be occupied until a certificate of occupancy has been issued by the building official. Such certificates shall show that <br />the building or premises or part thereof and the use thereof are in conformity with the state building code and the provisions <br />of this chapter. Such certificate shall be issued only when the building or premises and the use thereof conform to all the <br />requirements of the city Code. A temporary certificate of occupancy shall not be issued in the growing season, from April 1 <br />to November 1, unless otherwise approved by the building official. <br />(d) Sign permit. A sign permit shall be authorized for a sign that conforms to the sign regulations in LEC 105.12.430. An <br />application, on a form provided by the director of planning, shall be submitted with the required fee by the owner of the <br />proposed sign. The director of planning shall issue a sign permit if all of the regulations in LEC 105.12.430 are met. <br />(e) Special event permit. A special event permit may be issued for certain events for activities or events not otherwise permitted <br />under the zoning ordinance in accordance with LEC 11.04.070. <br />(f) Grading permit. <br />(1) Required. A permit shall be required for all non-agricultural projects or activities that will result in the movement of <br />more than 50 cubic yards of earth or the disturbance of more than one-half acre of land, and for construction of a <br />building or structure on steep slopes, as specified in LEC 105.12.1230(c)(7)e. The director of planning community <br />development director may issue a grading permit only if the grading plan meets the requirements of the city <br />stormwater management and erosion and sediment control ordinance. <br />(2) Public hearing. All grading and excavating applications, for the purpose of creating wetlands, berming, landscape <br />amenities, and other natural features that result in the moving of more than 400 cubic yards of material per acre of <br />site area shall require a public hearing. <br />(3) Grading Agreement. A grading agreement, in the city’s standard form of agreement, and approved by the City <br />Attorney, shall be executed for all non-single family or two-family projects requiring a grading permit. <br />a. Grading agreements shall require financial securities, in an amount determined by the city on a case by <br />case basis, and to ensure the proper completion and implementation of site restoration, tree preservation, <br />and erosion controls. <br />b. Grading agreements shall require escrowed funds for engineering review, administration, and inspections. <br />c. Grading agreement provisions may be included within a development agreement associated with a plat or <br />subdivision or included within a site improvement agreement, in which case, a separate grading agreement <br />is not required. <br />(g) Site Improvement Agreement. A site improvement agreement, in the city’s standard form of agreement, and approved by the <br />City Attorney, is required for any project that contains construction work that includes public improvements, including, but
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