§ 62-604. Conditional approval of development orders.

The county may conditionally approve a development permit pursuant to the following criteria if the concurrency evaluation test indicates that the potential impact of a site development plan, subdivision or building development permit will cause a deficiency to occur to an established minimum acceptable level of service:

(1)

Subdivision plats and site plans. Subdivision plats and site plans may be approved if a deficient public facility improvement based on the established acceptable levels of service is contained in the county annual capital improvements schedule, the county capital improvements program schedule, or the first three-year schedule of the capital improvements programs of other governmental agencies, and the improvement will provide a level of service sufficient to accommodate the potential impact of the proposed development.

(2)

Building permits.

a.

Building permits may be approved if construction of a necessary public facility improvement based on the acceptable levels of service is budgeted in the annual capital improvements budget, or is under binding contract for construction, is under another binding financial commitment mechanism, or is already under construction, and the improvement will provide a level of service sufficient to accommodate the potential impact of the proposed development.

b.

Building permits may be approved if the developer agrees to construct all improvements necessary to accommodate the impacts of the proposed development.

c.

Building permits may be approved if the applicable impact fees or "fees-in-lieu-of" which relate to the specific public facility improvements necessary to accommodate the impacts of the permit are scheduled within the capital improvements program and are paid.

d.

To obtain the benefit of section 62-602(f), all fees shall be paid prior to the issuance of a building permit, notwithstanding the payment time specified in article V of this chapter or any other ordinances.

e.

For review of zoning applications, the preliminary concurrency evaluation shall be used for general information purposes only as part of the zoning review. Subsequent to the approval of a zoning application, a formal concurrency evaluation prior to site plan, subdivision plat or building permit approval shall be required.

(Code 1979, § 14-69(c))