9/17/1992 - Laserfiche WebLink

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SEP 17 19,2 BOOK 8, 7 2 and land clearing contractors is consolidated and burned as part of a permanent operation. This definition is not intended to apply to the temporary burning'of land clearing debris allowed by LDR Chapter 925 regulations. SECTION 3: relates to Section 20, and establishes a definition of "rural land clearing". The proposed definition along with changes proposed in ordinance Section 20 would specifically allow open burning (no incinerator required) in agricultural areas west of I- 95, subject to applicable state requirements. SECTION 4: relates to Sections 2, 20, and 34, and *establishes a definition for "habitable structure". This definition is necessary in applying regulations relating to temporary and permanent debris burning sites because special setbacks are required between habitable structures and burn areas. "Habitable structures" are defined to be buildings where persons live, work, or shop. SECTION 5: provides specific legal authority for the county's past and present procedure of allowing violators of the county's environmental regulations (eg. tree protection, land clearing) the option to appear before the Hoard of County Commissioners for a determination of violation and fine and/or restitution. SECTION 6: provides an option to a developer to delay payment of traffic and utility impact fees (owed in relation to a project's initial concurrency certificate) for up to 90 days after site plan approval. Under current requirements, traffic and utility impact fees must be paid prior to site plan approval since such impact fee payments are required to "reserve" traffic and utilities capacity and obtain an initial concurrency certificate. This 90 day grace period should allow developers sufficient time to close land purchases and finalize financing arrangements prior to paying -out funds for impact fees. At the same time, the 90 day period does not appear to be too long of a time period to allow a developer to reserve and "lock-up" potentially scarce roadway and utilities capacity free of charge. SECTION 7: relates to Sections 2, 41 20, and 34, amending the zoning code use table to allow "Private land clearing debris burning facilities" as special exception uses in all three of the county's agricultural zoning districts (A-1, A-2, and A-3). As proposed, such a use would be allowed only in the agricultural land use districts. Issues related to the burning of land clearing debris are analyzed in more detail in Sections 20 and 34 of this report. SECTION 8: would allow places of worship within the OCR (Office Commercial Residential) and PRO (Professional Office) districts as a permitted use. Places of worship 'are currently allowed as permitted uses in all other commercial districts, except the MED (Medical) and CN (Neighborhood Commercial) districts, and would be compatible within the OCR and PRO districts. A recent, informal proposal for a place of worship in an OCR district has made staff aware that there is interest in establishing places of worship in these districts. r � � r