The purpose of this article is to ensure that any construction
or initiation or re-establishment of a legallyallowed use within a
legally established (or a legal nonconforming) structure shall comply
with these Zoning Regulations and all applicable provisions of the
Municipal Code.
(§ 3, Ord. 771, eff. February 13, 2004)
(a) The following shall not take place until a nondiscretionary zoning
clearance has first been issued by the Director:
(1) Structure(s) shall not be erected (new or remodeled);
(2) Altered, repaired, vacant, or hereafter erected structure(s) shall
not be occupied; or
(3) Change(s) in use of land or structure(s) shall not be inaugurated.
(b) An application for the clearance shall be filed with the Department in compliance with Section
10-2.1805
(§ 3, Ord. 771, eff. February 13, 2004)
A zoning clearance shall be required for:
(a) A clearance for a structure which is to be erected or remodeled shall
be filed in conjunction with the companion building permit application.
(b) A clearance for the use of vacant non-residential land or structure(s)
shall be filed at least 14 days before the intended use inauguration.
(c) In order to provide for an expeditious development permit review/reconstruction process, which may only be available following the occurrence of a bona fide emergency (e.g., natural disaster), as determined by the Council, an emergency building permit and temporary zoning clearance may be issued by the appropriate City departments with adequate deposits/security required by subsection
(d) of this section.
(d) A temporary zoning clearance may be issued by the Director allowing
almost "immediate" construction or use of the structures, subject
to the conditions imposed on the use, provided that a deposit/security
is filed with the Department before the issuance of the temporary
clearance. The deposit/security shall guarantee the faithful performance
and completion of all terms, conditions, and performance standards
imposed on the proposed structure or use. The form of the deposit/security
shall be subject to the approval of the Director. The deposit/security
shall be processed for return to the depositor following a determination
by the Director that all of the terms, conditions and performance
standards have been met and permanent occupancy has been granted.
(e) A zoning clearance for a new fence, wall or screening or replacement of a fence, wall, or screening pursuant to the standards within Sections
10-2.803 (Height measurement and exceptions), 10-2.804 (Setback measurement and exceptions), and 10-2.805 (Fences, walls, hedges. and screening).
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 4, Ord. 910, eff. December 10, 2020)
All applications shall be subject to the applicable provisions of these Zoning Regulations, including the procedures identified in the following: Section
10-2.1805, Application Filing; Article
30, Appeals.
(§ 3, Ord. 771, eff. February 13, 2004)