This Section describes the instances when permits and/or zoning
approval are required. If a building permit is required, zoning approval
will be addressed during the building permit process.
A. Except as provided in paragraph 'B' below, building permits shall
be obtained before:
1. constructing or erecting residential or non-residential buildings
or structures;
2. moving, adding to, or extending residential or non-residential buildings
or structures; and
3. constructing residential or non-residential buildings or structures,
regardless of size, in the Critical Area, wetland and/or stream buffer,
and/or cliff setback.
B. Exceptions to Building Permit Requirements
If a proposed residential structure consists of less than 150
square feet and is not located in the Critical Area, stream buffers,
or cliff setbacks, then a building permit is not required.
C. Building permits will be issued only for construction on buildable
lots or buildable residue which meet the requirements of this Ordinance
and other applicable agency requirements
[Amended 12-9-2006]
D. A grading permit, grading permit exemption, and or zoning approval
is required for any grading, clearing or excavating.
E. Zoning approval is required in the following instances to ensure
that a building, structure, or use conforms to the requirements of
this Ordinance:
1. Any change in the use of a building or premises from one use listed
in the Land Use Tables of Article 3 to another use listed, regardless
of size.
2. If a building, structure, or use, regardless of size, will be within:
a. a recorded Forest Retention Area;
d. a recorded Conservation Area; and/or
e. a recorded access easement.
F. Setback requirements shall be met for any building, structure, or
use, regardless of its size. See Article 5 for setback requirements
for residential uses and Article 6 for setback requirements for non-residential
uses.
G. A temporary occupancy permit may be issued by the Zoning Officer
for a period not exceeding six months during alterations or partial
occupancy of a building pending its completion provided that such
temporary permit may require such conditions and safeguards as will
protect the safety of the occupants and the public.
H. A plat, or a stamped survey, from a Registered Surveyor may be required
when zoning approval and/or the approval of all or part of a permit
requires the determination of the location of, or relationships among,
existing and proposed physical and/or legal site conditions. Such
physical conditions include, but are not limited to, structures, roadways,
wetlands, slopes, water bodies, and cliff edges. Such legal site conditions
include, but are not limited to, property lines, lateral lines, easements,
harbor lines, buffers, setbacks, rights of way, and zoning lines.