Planning Task Force March 31, 2016 Zoning & Building Compliance Certification (LDC 346 Zoning Compliance Permit) Presented by: Nicole M. Knapp Planning Section Manager

Background Information  LDC Definition: Change of Use shall mean any change, modification or alteration of the use of any structure, lot, or building from one defined use to another. In instances where the specific use is not defined, the defined use closest to that of the specific use shall be used.  Section C - FSP review is required for all development projects except the following activities: Dwellings Temporary Use Limited Increase in GFA Change of Use with no additional parking spaces required Exempted Special Permits Agriculture  No site improvements = No mechanism to approve use 2

Summary of Section 346  As part of LDC re-write and re-organization, Section 346 Zoning Compliance Permit was added in its entirety with language to support department review process when there was a change in use, which required no building or site modifications.  The process was created to assist with confirming that the establishment or activity of a business, profession or occupation, complied with applicable provisions.  Zoning Compliance Permit makes reference to: review procedures (application, review and action) expiration 3

Discovery  During initial stages of structuring the implementation process, staff analyzed the newly created language and determined that if it was going to have any standing with enforcement, the language needed to be strengthen.  Multiple community/county codes were reviewed as comparison  Commons names used to identify process: Change of UseCertificate of Use Use PermitZoning Compliance Permit/Cert.  Meeting w/Fire Districts In agreement that application should start in zoning Inspection should take place (exit lights, fire extinguishers, etc.) Difference in process – RaceTrac to Shell vs. mercantile to food 4

Creation of… ZONING & BUILDING COMPLIANCE CERTIFICATION Establish:  Purpose and intent  Exemptions (Agriculture and permitted Home Occ.)  Separate certification (each tenant)  Valid until change of the use and/or business change  Does not waive requirements of securing appropriate bldg. permits  Transferrable to new owner (bona-fide sale) when use remains same  Inspection to ensure compliance with zoning, life safety & other  Grounds for revocation (untimely application, misrepresentation of use, detrimental conduct, etc.)  Expiration (construction or activity of use commence in 6 months) 5

Weighing the Outcome 6 POSITIVENEGATIVE Informed earlier if use is permittedAdditional application Save money/time on signing lease and/or occupying if use prohibited Fee Informed earlier if cost prohibitive (e.g. assembly use after non) Takes time to spread the word Fire Districts better informed (upon arrival & with contact info) Less non-conforming uses

Next Steps  Share on County website - feedback from public  Feedback from Chamber of Commerce, Board of Realtors, Land owners, etc. on language, as well as seeking assistance with spreading the word for affective implementation.  RLS to County Attorney’s Office  Implementation 7

Questions? 8