Chapter 20.560 — ZONING CLEARANCE

Zoning Clearance is the procedure used by the City to verify that a proposed land use or structure complies with the list of activities allowed in the applicable zone and the development standards applicable to the use or structure.

(Ord. 1017, 2013)

Where Article 2 (Zones, Allowed Land Uses, and Zone-Specific Standards) or another provision of this Zoning Code requires a Zoning Clearance as a prerequisite to establishing a land use 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. Change of land 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.

• C. Building Permit, Grading Permit or other construction permit.

  1. A Zoning Clearance shall be obtained before the City 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 20.530 (Site Plan and Design Review), the Building Inspector shall determine that the proposed structure is in compliance with the approved plan.

• D. New paving or impervious surfaces not requiring a construction permit. A Zoning Clearance shall be obtained before installing asphalt, concrete, artificial turf, or other paving flatwork on the ground that would affect the impervious surface coverage or structure coverage standards specified in Table 2-3 (Development Standards for Residential Zones) or the limitations on paving in the front and side setback area specified in Section 20.320.080 (Parking Standards for Residential Zones).

• E. Business License. A Zoning Clearance shall be obtained before the City issues a new or modified Business License in compliance with Municipal Code Chapter 5.04 (Licenses). Whenever there is a change of use, or a substantial building alteration, a portion of the fee paid for business license application shall be allocated for inspection to determine whether an occupancy permit shall be granted.

• (Ord. 1017, 2013)

• A. Director's responsibility. The Director shall determine that the proposed land use or structure complies with all applicable Zoning Code provisions before issuing a Zoning Clearance.

• B. Investigation for Compliance (IFC) process. In addition, the following procedure shall apply to existing and prospective businesses seeking to obtain a business license and certificate of occupancy:

  1. The Director shall conduct an Investigation for Compliance (IFC) to verify that the existing and prospective businesses comply with health, building, safety, and air quality standards.

  2. The IFC application shall include the information and materials specified in the Department handout for IFC applications, and payment of the required fee in compliance with the Planning Fee Schedule.

  3. The Director or his/her designee shall approve each Investigation for Compliance.

  4. The IFC application shall be processed before occupancy of any building for business purposes and before application for a business license.

  5. An IFC shall only be approved if the Director can make all of the following findings:

     • a. The proposed use complies with this Zoning Code;

     • b. The proposed use complies with other applicable City codes, including building and safety codes.

• C. Form of approval. A Zoning Clearance approval, including the approval of the Investigation for Compliance, 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 Director's discretion. The approval shall reference this Chapter.

• (Ord. 1017, 2013)

The procedures and requirements in Chapter 20.565 (Permit Implementation, Time Limits, and Extensions), and those related to Chapter 20.615 (Appeals) and Chapter 20.630 (Modifications and/or Revocations) shall apply following the Director's action on a Zoning Clearance. (Ord. 1017, 2013)

Chapter 20.565. IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS