Chapter 804.1 — LAND USE PERMIT REQUIREMENTS

This Chapter describes the general requirements of this Zoning Ordinance for the approval of proposed development and new land use activities by the County. Land use requirements for specific land uses are established by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards), Article 3 (Development and Operational Standards), and Article 4 (Standards for Specific Land Uses). Land use and development approval and administrative provisions are established by Article 5 (Land Use and Development Review Procedures) and Article 6 (Zoning Ordinance Administration).

No use of land or structures shall be allowed, altered, constructed, established, expanded, reconstructed, or replaced unless the use of land or structures complies with all of the following requirements.

• A. Allowable use. The land use shall be identified by Chapters 810.2 (Residential Zones), 812.2 (Commercial Zones), 814.2 (Industrial Zones), 816.2 (Special Purpose Zones), or 818.2 (Overlay/Combining Zones) as being allowable in the zone applied to the site.

• B. Permit requirements. Land use permits required by this Zoning Ordinance shall be obtained before the proposed use is constructed, otherwise established, or put into operation, unless the proposed use is listed in Section 804.1.030 (Exemptions from Land Use Permit Requirements), below.

• C. Development standards. Uses and/or structures shall comply with the applicable development standards of this Zoning Ordinance, including Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards), and the provisions of Article 3 (Development and Operational Standards) and Article 4 (Standards for Specific Land Uses), and other County standards and policies related to the use and development of land.

• D. Conditions of approval. Uses and/or structures shall comply with all conditions imposed by a previously granted land use permit. Failure to comply with imposed conditions shall be grounds for revocation or modification of the subject permit in compliance with Section 878.6.060 (Revocation and Modifications).

• E. State/Federal laws. Uses and/or structures shall comply with all applicable State and Federal laws

• F. Development agreements. Uses and/or structures shall comply with an applicable development agreement approved by the County in compliance with Chapter 844.5 (Development Agreements), even if in conflict with this Zoning Ordinance.

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• G. Other development policies . The County may adopt policies separate from this Zoning Ordinance that may affect the use and development of land. All applicable policies, procedures, and standards related to land development shall apply when appropriate as determined by the applicable review authority.

The land use permit requirements of this Zoning Ordinance do not apply to the activities, uses of land, and/or structures identified by this Section.

• A. General requirements for exemption. The activities, uses of land, and/or structures identified by Subsection B., below are exempt from the land use permit requirements of this Zoning Ordinance only when:

  1. Compliance with applicable provisions. The activity or use is established and operated in compliance with applicable development standards of Articles 2 (Zones, Allowable Land Uses, and Zone-Specific Standards), 3 (Development and Operational Standards), and 4 (Standards for Specific Land Uses); and

  2. Other applicable permits. Permits or approvals required by regulations other than this Zoning Ordinance are obtained in compliance with Section 804.1.050 (Additional Permits and Approvals May be Required), below.

• B. Exempt activities and uses. The following activities uses of land, and/or structures are exempt from the land use permit requirements of this Zoning Ordinance when in compliance with Subsection A., above.

  1. Decks, paths, and driveways. Decks, platforms, on-site paths, and driveways that are not required to have a Building Permit or Grading Permit and are not over 30 inches above natural grade.

  2. Fences and walls - residential zones. Fences and walls in the residential zones are exempt from land use permit requirements as follows:

  - **a. Interior lots:** Fences and walls up to three feet in height when located within the required front setback area, or up to six feet in height when located outside the required front setback area; and 
  
  - **b. Corner lots:** Fences and walls up to three feet in height when located within the required front setback area, street side setback area on a reverse corner lot, and within a corner cut-off area, as defined by this Zoning Ordinance. Fences and walls up to six feet in height, when located outside the required front setback area and corner cut-off areas. 
  

  3. Governmental activities. Any land use activities conducted by a City, County, State or an agency of the State, or the Federal government on land owned or leased by a governmental agency.

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4. Interior remodeling. Nonstructural interior alterations that do not increase the number of rooms or the gross floor area within the structure or change the allowed use of the structure.

5. Repairs and maintenance. Ordinary repairs and maintenance, if the work does not result in any change in the approved land use of the site or structure, or the addition to, enlargement or expansion of the structure, and if exterior repairs employ the same materials and design as the original structure. For nonconforming structures, the ordinary repairs and maintenance shall be limited in compliance with Chapter 870.6 (Nonconforming Uses, Structures, and Parcels).

ork does not result in any change in the approved land use of the site or structure, or the addition to, enlargement or expansion of the structure, and if exterior repairs employ the same materials and design as the original structure. For nonconforming structures, the ordinary repairs and maintenance shall be limited in compliance with Chapter 870.6 (Nonconforming Uses, Structures, and Parcels).

6. Small residential accessory structures. Portable storage sheds and other small structures (e.g., fabric structures) in residential zones that are exempt from Building Permit requirements and are less than 120 square feet in gross floor area. These facilities shall comply with the front, side, and rear setback requirements established by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) for the applicable zone, and Section 834.4.020 (Accessory Uses and Structures), where applicable.

7. Outdoor play equipment . Outdoor play equipment (e.g., bridges, climbing towers, slides, swings, and similar elements) less than eight feet in height and a footprint of less than 120 square feet. These facilities shall comply with the front, side, and rear setback requirements established by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) for the applicable zone, and Section 834.4.020 (Accessory Uses and Structures), where applicable.

8. Spas, hot tubs, and fishponds. Portable spas, hot tubs, decorative ponds, and fishponds, etc., that do not exceed: 120 square feet in total area, including related equipment; contain more than 2,000 gallons of water; and exceed 18 inches in depth. These facilities shall comply with the front, side, and rear setback requirements established by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) for the applicable zone, and Section 834.4.020 (Accessory Uses and Structures), where applicable.

9. Utilities. The alteration, construction, erection, or maintenance by a public utility or public agency of underground or overhead utilities (e.g., electric, gas, supply or disposal systems, telecommunication, water, including cables, conduits, drains, fire-alarm boxes, hydrants, mains, pipes, police/sheriff call boxes, sewers, traffic signals, wires, etc.), but not including structures, shall be allowed in any zone. Satellite and cellular telephone antennas and related equipment are subject to Section 834.4.420 (Wireless Telecommunication Facility Standards).

10. Walls, retaining walls. Walls located within four feet from the bottom of a footing or at any height supporting a surcharge shall require a Building Permit.

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Requirements for establishing a temporary land use activity (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are identified in Chapter 858.5 (Temporary Use Permits).

• A. Other permits required. An allowed land use that is exempt from a land use permit, or has been granted a land use permit, may still be required to obtain other permits before the use is constructed, or otherwise established and put into operation. Nothing in this Chapter shall eliminate the need to obtain any permits or approvals required by:

  1. Other County permits. Other provisions of the Ordinance Code, including: Building Permits, Grading Permits, other construction permits, or a Business License; or

  2. Other governmental permits. County, a special district, or any regional, State, or Federal agency.

• B. Timing of other permits. All necessary permits shall be obtained before starting work or establishing a new use.

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