2009-07-27_GENERAL DOCUMENTS - M1987113

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d. The owner, at the time of issuance of the Building Permit, and the person to whom the permit is issued shall be responsible for compliance with all setback requirements set forth in this Zoning Resolution for the building or structure covered by the permit. (orig. 9-6-77) e. Access Standards: Before any Building Permit for a new dwelling, commercial building, industrial building, or other main building, or to replace an existing dwelling, commercial building, industrial building, or other main building, or for additional space of 400 square feet or more, measured cumulatively, may be issued, the applicant must meet the following requirements: (orig. 9-6-77; am. 12-5-95; am. 12-17-02; am. 5-20-08) (1) Evidence must be submitted demonstrating that the applicant has right of legal access to the site. (orig. 12-5-95; am. 12-17-02; am. 7-1-03; am. 10-25-05; am. 5-20-08) (a) Legal access shall be by County maintained street or road, public street or road, or deeded right-of-way, recorded easement or private roadway of record. (orig. 12-5-95; am. 12-17-02; am. 7-1-03; am. 10-25-05) (b) Legal access shall have a minimum width of not less than 20 feet or that which is required to construct a street or road in conformance with this Zoning Resolution and the Roadway Design and Construction Manual. (orig. 12-5-95; am. 12-17-02; am. 7- 1-03; am. 10-25-05) (2) Evidence must be submitted demonstrating that the access complies with the design and construction standards contained in the Roadway Design and Construction Manual. (orig. 12-5-95; am. 6-18-02; am. 12-17-02; am. 10-25-05; am. 5-20-08) (a) Design and construction compliance shall be required for those portions of the access that are located on land under the ownership or control of the person or entity for whom a Building Permit is sought. (orig. 12-5-95; am. 12-17-02; am. 10-25-05) (b) Design and construction compliance shall be required for those portions of the access that are located on land within County right-of-way that is not maintained by the County. Design and construction compliance shall be from a County maintained road to the subject property. (orig. 10-25-05). (c) Construction plans shall demonstrate design and construction compliance and shall be submitted at the time of the Building Permit application. Construction of the access and/or the structure shall be subject to a Stop Work Order for failure to construct the access in accordance with the plans. (orig. 12-5-95; am. 12-17-02; am. 10-25-05) (3) If any portion of a private road and/or driveway used to access the site is not under the ownership of the person or entity for whom a Building Permit is sought, the applicant shall submit a written advisory statement from the local Fire Protection District describing whether such portion of the private road and/or driveway is deemed acceptable for emergency vehicle use. If access is not deemed acceptable for emergency vehicle use by the Fire Protection District, the letter shall identify the improvements that the Fire Protection District believes are necessary to serve the site. The letter shall be advisory only. (orig. 5-20-08) Should the Fire District deem the access not acceptable for emergency vehicle use, the applicant may choose to either (a) arrange to correct all access deficiencies and obtain a new advisory statement from the Fire Protection District stating that the access is acceptable for emergency vehicle use, or (b) sign an affidavit of understanding, on a form provided by Planning and Zoning, stating that the applicant is aware that emergency services may be nonexistent, diminished, or slowed forthe site and agreeing to indemnify, defend, save and hold the County, its agents and employees harmless from any claims, demands and liability resulting from or arising out of the construction, installation and use Section 2 Page 2 Zoning Resolution - Amended 5-20-08