§ 13.03. Permits to comply with resolution

From the time of the effective date of the resolution, the Administrator shall not grant a permit for construction of any building or structure, or for moving of the building or structure on to a lot, or for the change in any use of land, building, or structure if such construction, alteration, moving or change in use would be in violation of any of the provisions of this resolution, nor shall any other office of the county grant any permit or license for the use of any building or land.

13.03.01. Zoning Certificate required.

A. No structure shall be constructed, moved, added to or altered, without having first obtained a Zoning Certificate prior to such construction, moving or adding to or alteration, except that an interior alteration to an agricultural structure, an interior alteration to a single-family primary structure, or an interior alteration to a single-family accessory structure shall not require a Zoning Certificate. An expansion or enlargement of an existing structure shall not be considered an interior alteration. A Zoning Certificate shall be issued only in conformity with the provisions of this resolution and all amendments thereto.

B. If work described on any zoning certificate has not begun within four (4) months from the date of issuance thereof, said certificate shall expire; it shall be revoked by the Administrator and written notice thereof shall be given to those persons affected. Further, if said work has not been completed within one year from the date of issuance therof, said Certificate shall expire; one six (6) month extension shall be granted by the Administrator upon a written request.

C. Construction and use to be approved on application and certificates. Zoning Certificates and Certificates of Occupancy issued on the basis of plans and applications approved by the Administrator authorizes only the use and arrangements set forth in such approved plans and applications. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of this resolution and all amendments thereto.

D. Any alteration that results in a change in occupancy shall require a Zoning Certificate in accordance with this section.

E. The Zoning Certificate application shall be accompanied by appropriate site plans if deemed necessary by the Administrator.

13.03.02. Zoning Certificate policy.

A. It shall be unlawful for any individual, firm or corporation to start constructing a structure, addition or alteration, or to move a structure on to a lot, in the unincorporated area of Saline County without having first obtained a Zoning Certificate from the Saline County Planning and Zoning department, except that a Zoning Certificate shall not be required to be filed for an interior alteration to an agricultural structure, and interior alteration to a single-family primary structure, or an interior alteration to a single-family accessory structure.

B. Applications for Zoning Certificate shall be filed with the Saline County Planning and Zoning office prior to starting construction.

C. Uniform Building Code. Non-agricultural and non-single family structures shall meet the standards of the Uniform Building Code, and amendments thereto, in accordance with Saline County Amendment No. 1 to Resolution No. 883.

D. Agricultural exemption. Agricultural uses on unplatted property with forty (40) or more contiguous acres located in the AG (Agricultural) zoning district are considered agricultural exempt and are exempt from the requirement for a Zoning Certificate, except that:

1. Setback requirements shall be met;

2. Floodplain requirements shall be met; and

3. A Saline County Building Permit shall be obtained, in accordance with Saline County Resolution No. 93-1347.

Individuals, firms or corporations who wish to claim the agricultural exemption but do not meet the forty (40) acre requirement may file an application with the Administrator for the agricultural exemption and upon proof that they are engaged in an agricultural operation as herein defined, shall be entitled to that exemption.

13.03.03. Agriculture use notice. The owner of land on which proposed construction requires approval of a zoning certificate pursuant to Section 13.03.01, must endorse an Agriculture Use Notice prior to the completion of a Construction Registration Form. The agriculture use notice is designed to increase the rural building public's awareness of nuisance factors attributed to generally accepted agriculture production. The notice shall read:

"I, ____________ the undersigned owner of real property in Saline County, Kansas am hereby notified that Saline County considers agriculture a vital component of the local economy and cultural heritage. In addition, I am hereby made aware that within Saline County generally accepted agriculture practices produce nuisance factors which may negatively impact enjoyment of property and use of public infrastructure. Nuisance factors may include, but are not limited to:

1. The generation of noise, dust, smoke, odors, other airborne particles, and vibration;

2. The operation of heavy machinery and trucks, both on and off public Rights-of-Way, potentially at all hours of the day and night;

3. The application of chemicals to the land;

4. The existence of various animal and vegetative pests.

I recognize the existence of agriculture's industrial characteristics as described in the above nuisance factors and accept them as part of the rural environment in which I am investing or allowing an investment to occur on real property that I own.

____________         ____________/____________/____________ Signature               Date"

13.03.04. Fee. The permit for a single family residential or agricultural building shall not be assessed a fee for filing of the construction registration. Permit fees for non-agricultural commercial, non-agricultural industrial and footing inspections of residential structures with basements in floodplain areas shall be as established by agreement or resolution of the Board of County Commissioners.

13.03.05. Penalty for violation. The penalty for violation shall be in accordance with Resolution No. 783, and any amendments thereto. Failure to file a construction registration shall constitute a misdemeanor under Section 13.02 of the Saline County Zoning and Master Plan Resolution.

(Res. No. 883, § IVa—22-81; Res. No. 1254-4, 9-14-93; Amend. 1254-20, 7-17-01)