Chapter 18.128 — ZONING CLEARANCES

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.

  2. Before a Building Permit may be issued for any structure in a development requiring Site Plan and Design Review in compliance with Chapter 18.122 (Site Plan and Design Review), the Building Inspector shall make a determination that the proposed structure is in compliance with the approved plan.

• 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.

• E. Issuance of Business License. A new Zoning Clearance shall be obtained before issuance of a County Business License in compliance with County Code Section 6.02.010 (Purpose and Authority).

• (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)