A Zoning Clearance Certificate verifies conformance with all
current requirements of this title and, if applicable, the terms and
conditions of any previously approved permit or variance.
(Ord. 5428 § 1, 2014)
A zoning clearance certification shall be required prior to the issuance of a building permit for a parcel, prior to the initiation of a home occupation as provided in Chapter
19.42 (Home Occupations), prior to the installation of outdoor seating as provided in Chapter
19.52 (Outdoor Restaurant Seating), prior to initiation of a temporary use as provided in Chapter
19.64 (Temporary Uses), at the request of any person for verification by the Planning Division of the zoning standards for any parcel located within the City, as otherwise required by this title or the Downtown Code, or prior to the following multi-family and non-residential projects:
A. Replacement of landscaping with at least equal or greater water efficient landscaping consistent with Chapter
14.18 (Water Efficient Landscaping), provided that the planted area is not diminished thereby;
B. New
landscaping within designated landscape easements for which landscape
guidelines have been adopted, if the landscaping is consistent with
such guidelines;
C. Modifications
to parking areas including compliance with the Americans with Disabilities
Act and re-striping where there is no net decrease in the number of
parking spaces;
D. Minor
building façade improvements such as the rearrangement or addition
of doors, windows and awnings, but excluding the repair and maintenance
of properties with the same colors and materials, which are exempt
from requiring a Zoning Clearance Certificate;
E. Addition
of security facilities including security gates and gate houses at
a project entrance;
F. Addition
of or modifications to mechanical equipment when screened from public
view;
G. Other
minor improvements designated by resolution of the city council as
exempt from a Design Review Permit (e.g. Vernon Street C.B.D. for
Historic Building Designation, “State Historic Building Code”
applied at the building official’s election).
(Ord. 5428 § 1, 2014; Ord. 5974 § 14, 2018; Ord. 6198 § 1, 2020)
A. Application, General. A request for a zoning clearance certification,
not associated with a building permit application, may be made by
any individual and shall be made on a form provided by the department.
The application shall be accompanied by plans, specifications and
information as may be required by the department to determine compliance
with this title.
B. Application Associated with a Building Permit. A request for
a zoning clearance certification associated with a building permit
application shall be in the form of a building permit application.
Plans submitted to the building department shall include plans, specifications
and information that demonstrates conformance with this title. The
zoning clearance certification associated with the issuance of a building
permit shall be the plans approved by the Planning Division for issuance
of a building permit.
C. Processing Applications. Within seven calendar days of receipt
of a request for a zoning clearance certification, the Planning Division
shall review the request for conformance with this title and, if applicable,
the terms and conditions of any previously approved permit or variance.
D. Notice. If a zoning clearance certification is required for
issuance of a building permit, written notice of the Planning Manager’s
certification shall be provided directly to the building department
and included in the issuance of the building permit. If a zoning clearance
is requested that is not part of a building permit, it will be mailed
to the applicant.
E. Appeal. An appeal of a zoning clearance certification shall be processed as an appeal of the Planning Manager’s decision and shall be made as provided by Chapter
19.80.
F. Expiration of Zoning Clearance Certificate. A Zoning Clearance
Certificate shall expire upon the earlier event of the following:
1. 180
days after issuance, unless otherwise indicated on the Zoning Clearance
Certificate; or
2. When
the proposed use or development no longer conforms to all applicable
provisions of this title.
3. If
a zoning clearance is issued in conjunction with a building permit,
the zoning clearance shall expire when the building permit expires.
(Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020)