Zoning Clearance is the procedure used by the County to verify
that a proposed land use or structure complies with the list of uses
allowed in the applicable zone and the development standards applicable
to the use or structure.
(Ord. 1976 § 2, 2019)
Where Article 2 (Zones, Allowable Uses, and Development Standards)
or another provision of this Zoning Code requires a Zoning Clearance
as a prerequisite to establishing a land use (i.e., establishing a
business in an existing structure where no improvements are required)
or structure, a Zoning Clearance shall be required at the time of
the Director's review of any of the following:
A.
Initiation
of a Land Use. A Zoning Clearance shall be obtained before the initiation
or commencement of any use of land not requiring the construction
of a structure.
B.
Building
Permit, Grading Permit, or Other Construction Permit.
1.
A Zoning Clearance shall be obtained before the County issues a new
or modified Building Permit, Grading Permit, or other construction-related
permit required for the alteration, construction, modification, moving,
or reconstruction of any structure.
C.
Change
of Use.
1.
Whenever a use is proposed to be changed from a use for which a Zoning
Clearance has been issued, whether or not the new use involves a new
lessee, operator, or owner, a new Zoning Clearance shall be obtained.
2.
A Zoning Clearance shall also be required even if the lessee, operator,
or owner of the previous use did not file for or receive a Zoning
Clearance.
D.
Change
of Tenancy or Ownership. A new Zoning Clearance shall be obtained
for a change of lessee, operator, or owner even when the change does
not involve a change in the use being conducted on the subject property.
The purpose of this provision is to ensure that the new lessee, operator,
or owner is made aware of the Zoning Code requirements applicable
to the subject use and any conditions of approval imposed on a discretionary
permit authorizing the subject use.
(Ord. 1976 § 2, 2019)
The Director may issue a Zoning Clearance only after confirming
that the proposed land use and/or structure is in full compliance
with all of the applicable provisions of this Zoning Code.
(Ord. 1976 § 2, 2019)
A.
Zoning
Clearance. Uses of land that are allowed by right in a zone require
the issuance of a Zoning Clearance and are called "permitted uses."
In many zones, a Zoning Clearance for these permitted uses shall first
be reviewed and issued by the Director, in close consultation with
County Fire, Public Works, and Environmental Health Departments. These
Zoning Clearances are necessary to demonstrate compliance with all
applicable County laws and regulations before the issuance of a Building
Permit, or the initiation of an activity where no Building Permit
is required.
B.
Before
Preparing a Zoning Clearance. An applicant should read a copy of the
most up-to-date "Zoning Clearance Checklist" provided by the Department
before preparing the Zoning Clearance for review. When a Zoning Clearance
is submitted to the Department, it is first checked at the counter
by a Planning Technician to see if it has all the basic data required
and appears to meet all of the applicable Zoning Code requirements.
If it is acceptable, it is given to the Director for review and determination
if it can be issued as submitted.
C.
Director's
Responsibility. The Director shall issue the Zoning Clearance after
first determining that the request complies with all Zoning Code provisions
applicable to the proposed land use or structure.
D.
Form
of Approval. An approval may be in the form of a stamp, signature,
or other official notation on approved plans, a letter to the applicant,
or other certification, at the discretion of the Director.
(Ord. 1976 § 2, 2019)
The procedures and requirements in Chapter 18.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the Director's action on a Zoning Clearance.
(Ord. 1976 § 2, 2019)
