§ 4-111. Administration; Section 105, Permits.

(a)

Section 105.2, Work Exempt from Permit. Notwithstanding the foregoing, except for classified historic sites and property located within Chesapeake Bay Critical Area Overlay Zones, permits shall not be required for the following, provided that the construction does not result in any violation of this Subtitle: a one- story detached accessory structure (tool, storage shed, playhouse and similar uses) on one- and two-family dwelling properties with less than one hundred fifty (150) square feet of floor space not designed or intended for occupation or habitation and limited to one (1) accessory structure only per property; all forms of paving less than five hundred (500) square feet except for parking surfaces; a retaining wall not greater than two (2) feet in height unless supporting a structure; fence not greater than four (4) feet in height; and satellite dishes not greater than two (2) feet in diameter and height. Except for classified Historic Sites, permits shall not be required for installation of siding, roofing, or storm door installations, provided that no construction is involved.

(b)

Section 105.2.2, Repairs. Application or notice to the Director or the Director's designee is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Ordinary repairs shall include the replacement in kind of the following: siding, roofing, gutters, leaders and downspouts, private sidewalks, driveways, patios, awnings and canopies, equipment, cabinets, slabs, handrails, window screens, storm doors and recirculation range hoods.

(c)

Section 105.2.2.1, Repairs to Residential Structures. Use Group R-1, Use Group R-2, Use Group R-3, and Use Group R-4 which, because of lack of maintenance or structural damage due to a fire, explosion, or natural causes, which, in the opinion of the Director or the Director's designee, exceed fifty percent (50%) of the building shall have an approved automatic fire sprinkler system installed throughout the building as part of the scope of repairs to be completed. Computation of the cost of repairs for purposes of this Section shall exclude carpeting replacement, electrical panel capacity upgrades, painting, wallpapering, re-grading and landscaping, lighting fixture replacements, appliance replacements, bathroom cabinetry and fixture replacements, and modifications necessary to comply with the Americans with Disabilities Act ("ADA") requirements. Each street address shall be considered a separate dwelling for application of this Section. All repairs for which a building permit is required that are conducted within a 365-day period shall be deemed a single cumulative repair cost for purposes of the application of this Section.

(d)

Section 105.3.1.1, Required Documents for Permits Application. The application shall include: (1) any and all documents showing the business partners of the owner or lessee involved in the operation and or ownership of the building structure or use for which the permit is being sought; (2) any and all organizational documentation of the entity that owns, uses or leases the building or structure; (3) any and all documents showing who will operate the business; and (4) any other data and information supported by documentation that is required by the Director or the Director's designee deemed necessary for furtherance of the intent of this Code.

(e)

Section 105.3.1.2, Review of Application. The application will be reviewed to ensure that it conforms with all the requirements of the pertinent laws, including but not limited to the requirements of this Code, State and local laws and ordinances. An application for a permit will be reviewed by the Director or the Director's designee, in consultation with the Police Department and the Fire/EMS Department. The Director or the Director's designee shall have the authority to deny any application under the provisions of this Division and shall also have the authority to deny an application upon a violation of this Division.

(f)

Section 105.3.1.3, Application Exemption. The Director or the Director's designee may refuse to accept an application for a permit from any applicant: (1) who is or was in default on a previously issued permit, or who is the permittee listed on an expired permit which is not currently in the process of being extended by County administrative action, or who has not fully complied with the application process; (2) for any other reason the Director or the Director's designee deems necessary in furtherance of the intent of this Code; or (3) for any reason that is necessary to maintain the health, safety and welfare of the public.

(g)

Section 105.3.1.4, By Whom an Application is Made. Application for a permit shall be made by the owner or lessee of the building or structure, or the agent of either, or by the licensed engineer or architect employed in connection with the proposed work. If the application is made by a person other than the owner in fee, the applicant shall attest on the permit application or by separate written statement, that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, lessee, applicant, and the responsible officer if the owner or lessee is a corporate body, shall be stated on the application. Subsequent permits will be issued in the name of the owner of record at time of permit issuance.

(h)

Section 105.3.2, Time Limitation of an Application. An application for a permit for any proposed work shall be deemed to have been abandoned twenty-four (24) months after the date of filing, unless such application has been diligently pursued in good faith or a permit has been issued. Extensions of time may be authorized by the Director or the Director's designee. The Director or the Director's designee may request any documentation or certification deemed necessary and assess an extension fee as appropriate.

(i)

Section 105.5, Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within one hundred eighty (180) days after the issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of one hundred eighty (180) days after the time the work is commenced. The Director or the Director's designee is authorized to grant, in writing, one or more extensions of time, for periods not more than one hundred eighty (180) days each. The extension shall be requested in writing and justifiable cause shall be demonstrated. Any permit issued for property within the area of a pending Sectional Map Amendment (as provided for in the County Zoning Ordinance) that is rezoned to a less intense zone, shall expire on its own terms upon approval of the Sectional Map Amendment by the District Council if a completed building foundation for a use not permitted in the less intense zone has not been completed. The Director or the Director's designee shall notify the permit holder of the expiration of the permit.

(j)

Section 105.5.1, Expiration of Permit and Correction of Code Violations. Any permit issued for residential property to correct a building code or housing code violation issued pursuant to Subtitle 4 or Subtitle 13 of the County Code shall be issued only for a period of time reasonably necessary to correct the violation, not to exceed ninety (90) days. The initial period of the permit shall be established by the Director or the Director's designee based upon the extent of the work required to correct the violation. The permit may be extended or renewed for an additional period of one hundred eighty (180) days if, in the opinion of the Director or the Director's designee, the applicant has demonstrated substantial progress to complete the work in accordance with the permit and has demonstrated substantial justification for failure to complete the work within the period of the permit. The Board of Administrative Appeals shall have no authority to grant an extension to the period of the permit.

(k)

Section 105.8, Rural Tier. Where the property is located in the Rural Tier, as delineated in the Approved General Plan, the validity period of building permits and the requirements for granting extensions to the validity periods of expired building permits shall conform to Subtitle 27, Part 18 of the County Code (Interim Development Ordinance).

(l)

Section 105.9, Building Location. No permit for building shall be issued for a structure that overlaps the County line. Location of the County line on the site plan shall be certified by a Professional Land Surveyor.

(m)

Section 105.10, Date and Hours of Operation Limits. All permits shall be issued with date and hours of operation limits listed as determined by the Director or the Director's designee. All permits shall be issued indicating that no work shall be performed during the hours of 9:00 p.m. to 7:00 a.m., unless work is performed pursuant to Section 4-120 of this Subtitle.

(CB-121-1985; CB-74-1987; CB-62-1989; CB-97-1989; CB-25-1991; CB-98-1991; CB-102-1992; CB-63-1995; CB-63-1997; CB-82-1998; CB-54-2002; CB-2-2005; CB-14-2005; CB-73-2005; CB-13-2009; CB-15-2011; CB-45-2012; CB-18-2013; CB-90-2015)