§ 9.4. OTHER PERMITS AND CERTIFICATES

Other permits or certificates beyond those included in this Section may be required. Consult with the Planning Director.

9.4.1. (Final) Certificate of Occupancy/Compliance

No certificate of occupancy or compliance shall be issued by the Building Inspector until:

1.

Division of Coastal Management approval and Division of Water Quality approval have been obtained.

2.

Applicable standards of this Ordinance have been met.

3.

Alternatively, the Building Inspector may issue a certificate of occupancy or compliance provided written assurances are provided to the Building Inspector that applicable standards of this Ordinance will be met within a reasonable period of time. Assurances shall include posting of a surety financial guarantee or submission of a notarized letter of credit for the value of the incomplete improvements required.

4.

However, the issuance of a Certificate of Occupancy shall in no case by construed as waiving any provisions of this Ordinance.

9.4.2. Temporary Compliance Permit/Temporary Certificate of Occupancy

A.

Applicability

A Temporary Zoning Compliance Permit and a Temporary Certificate of Occupancy may be issued prior to actual amendment to the Zoning Ordinance where all of the following criteria have been met:

1.

A condition is discovered either through the application process, petition, or field observations, which prevents strict compliance with the Zoning Ordinance and issuance of a Certificate of Occupancy and the condition was not caused or brought about by an individual action of an owner or owners seeking amendment;

2.

The condition which would prevent strict compliance with this Ordinance applies to a number of similarly situated lots, not just to one lot;

3.

Either the owner or owners petition for change or the Zoning Administrator initiate the necessary change to this Ordinance to correct the condition; and

4.

The petition for change in the opinion of the Zoning Administrator is likely to be allowed.

If the Zoning Administrator determines the above criteria have been met, a Temporary Certificate of Compliance and when necessary a Temporary Certificate of Occupancy may be issued. The Zoning Administrator shall make and report the Findings of Fact necessary to support this action in each such instance at the next meeting of the Planning Board together with a request for said Board to expedite whatever amendment is deemed necessary to correct the situation.

B.

Period of Validity

1.

A Temporary Certificate of Compliance or Temporary Certificate of Occupancy shall be considered null and void should the amendment not be adopted within six months from initiation of the amendment.

2.

The owner of the property shall be deemed to take with knowledge that a permit issued under this section may become null and void and require immediate actual compliance or removal of any offending structure.

C.

Indemnification

No officer issuing a permit under this section shall be liable to any party for his actions unless done willfully and outside the scope of his authority. The County shall indemnify and save harmless any official incurring liability for his actions under this section unless done willfully and outside the scope of his authority.

9.4.3. Temporary Use Permit for Events with Less Than 1,000 Guests

Commentary: A Temporary Use Permit shouldn't be confused with a Temporary Certificate of Compliance (see above).
Temporary outdoor uses should not be confused with permanent outdoor activities (for example, a car sales lot) that are only allowed in certain districts and require site plan approval, nor should they be confused with an outdoor display area (for example, a garden center that is part of a building supply store) that may be a part of a retail store and require site plan approval.

A.

Applicability

Temporary uses occurring on property outside of the public right-of-way shall obtain a temporary use permit from the Zoning Administrator. The permit shall outline conditions of operations to protect the public, health, safety and welfare subject to the standards of Section 5.5, Temporary Uses.

B.

Application Requirements

An application for a temporary use permit shall be submitted in accordance with Section 5.5, Application Requirements.

C.

Action by Zoning Administrator

1.

After receiving the application, the Zoning Administrator shall have up to 30 days to review the application.

2.

Following completion of technical reviews by staff, the Zoning Administrator shall approve the issuance of a temporary use permit subject to the following:

i.

No lighting or electrical service shall be provided without an electrical permit;

ii.

No temporary use structure shall be erected without a building permit;

iii.

No temporary use structure shall block fire lanes or pedestrian or vehicular access;

iv.

The site of the temporary use shall be cleared of all debris at the end of the temporary use. All temporary structures shall be cleared from the site within five days after the use is terminated;

v.

Written permission of the property owner for the temporary use shall be provided;

vi.

Adequate parking shall be provided;

vii.

Required parking for other uses shall remain available;

viii.

Adequate traffic control measures shall be provided;

ix.

Adequate provisions for trash disposal and sanitary facilities shall be provided; and

x.

When appropriate, adequate provisions for crowd control shall be provided.

D.

Revocation of a Temporary Use Permit

A temporary use permit shall be revoked if the Zoning Administrator finds that the terms of the permit have been violated or that there is a hazard to the public health, safety and welfare.

E.

Appeal

Final action on a temporary use permit may be appealed to the Board of Adjustment in accordance with Section 9.8, Appeal of Administrative Decision.

(Ord. No. UDO-18-02 , § 3, 3-19-18)

9.4.4. Temporary Use Permit for Large Events with 1,000 Guests or More

A.

Applicability

Temporary uses occurring on property outside of the public right-of-way with more than 1,000 guests shall obtain a large event temporary use permit from the Zoning Administrator. The permit shall outline conditions of operations to protect the public health, safety, and welfare subject to the standards of this Section.

B.

A pre-application meeting is required prior to the submittal of an application. The Zoning Administrator will schedule the meeting for a time acceptable to the applicant and all potentially impacted agencies.

C.

Permit Application

A completed application for a large event temporary use permit shall be submitted to the Zoning Administrator a minimum of 90 days prior to the event, and include the following:

1.

All items outlined in Section 5.3.3.G.3. of this ordinance.

2.

An application signed by the individual responsible for the event and each property owner whose property will be used in conjunction with the event.

D.

Action by the Zoning Administrator

1.

After receiving the application, the Zoning Administrator and other impacted staff shall have up to 30 days for the initial technical review of the application.

2.

Following completion of technical reviews, the Zoning Administrator will respond to the applicant in writing. The applicant shall submit any other information needed for approval within two weeks.

3.

A temporary use permit for a large-scale event shall be approved by the Zoning Administrator in consultation with the impacted parties, once all information has been reviewed and deemed acceptable to the County, subject to the following conditions:

i.

The project shall proceed in conformity with all amended plans and design features submitted as part of the application and kept on file by the Planning Department.

ii.

No lighting or electrical service shall be provided without an electrical permit, which may include electrical plans and a scope of work.

iii.

No temporary use structure shall be erected without a building permit, which may include structural plans and a scope of work.

iv.

No temporary use structure shall block fire lanes or pedestrian or vehicular access.

v.

All inspection requests shall be submitted to Brunswick County Central Permitting 24-hours in advance. All final inspections shall be requested, inspected, and approved by Code Officials prior to 24-hours before the start of the event. Failure to obtain final approvals 24-hours prior to the start of the event may result in failure to obtain a certificate compliance to conduct the event.

vi.

The site shall be cleared of all debris at the end of the temporary use. All temporary structures shall be cleared within five days after the use is terminated.

vii.

Required parking for other uses shall remain available.

viii.

Adequate provisions for trash disposal and sanitary facilities shall be provided.

ix.

No person other than event staff or government employees shall willfully possess any weapon or any item reasonably capable of being so used at the event.

x.

Any authorized agent or representative of Brunswick County shall have the power to enter a special event upon any private property to inspect conditions relating to the enforcement of this event and any conditions imposed on a permit therein.

E.

Revocation of a Temporary Use Permit

A temporary use permit shall be revoked if the Zoning Administrator finds that the terms of the permit have been violated or that there is a hazard to the public health, safety, and welfare. Nothing in this ordinance shall in any way limit the powers or duties of law enforcement in protecting the public safety.

F.

Appeal

Final action on a temporary use permit may be appealed to the Board of Adjustment in accordance with Section 9.8, Appeal of Administrative Decisions.

(Ord. No. UDO-18-02 , § 4, 3-19-18)