§ 9107.27

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

Where Division 2 (Zones, Allowable Uses, and Development Standards) or another provision of this Development Code requires a Zoning Clearance as a prerequisite to establishing a land use, improvement, 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 or improvement.

B.

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 first 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.

Business License. A Zoning Clearance shall be obtained before the City issues a new or modified Business License.

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 Development Code requirements applicable to the subject use and any conditions of approval imposed on a discretionary permit authorizing the subject use.

E.

New Paving or Impervious Surfaces Not Requiring a Construction Permit. A Zoning Clearance shall be obtained before installing asphalt, concrete, or other paving flatwork on the ground that would affect the impervious surface coverage or structure coverage standards specified in Division 2 (Zones, Allowable Uses, and Development Standards).

F.

Other Activities. Any other activities as specified in this Development Code.

G.

Accessory Dwelling Units: Unless otherwise exempt, a Zoning Clearance for Accessory Dwelling Units shall be obtained prior to submittal of an application for a building plan check and a permit to construct an accessory dwelling unit.

H.

Multifamily Housing Developments. Unless otherwise exempt, a Zoning Clearance for multifamily housing developments on commercial properties in Downtown Area shall be obtained prior to submittal of an application for a building plan check and a permit to construct multifamily housing developments. A qualifying development includes residential uses in the DMU overlay focus area and the Residential Overlay in CG Zones where 20% or more affordable units are provided.

(Ord. No. 2347, § 4(Exh. A), 6-6-17; Ord. No. 2400, § 4(Exh. A), 2-20-24)

9107.27.030 - Review Procedure.

A.

Application. Review of an application for an Accessory Dwelling Unit shall be broadly reviewed by the Development Services Department.

B.

Director's Responsibility. The Director shall issue the Zoning Clearance only after first determining that the request complies with all Development Code provisions applicable to the proposed use or structure.

C.

Form of Approval.

1.

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.

2.

The approval shall reference this Section.

D.

Procedures and Review for Accessory Dwelling Units.

1.

The Director will approve or disapprove of an application for an accessory dwelling unit permit within 120 days after receiving a complete application. Certain accessory dwelling units may have a specific, adverse impact upon public health and safety. If the Director makes a finding, based on substantial written evidence, that the accessory dwelling unit would have a specific, adverse impact upon the public health and safety, the application may not be approved. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

2.

Except as otherwise provided in this chapter, the construction of an accessory dwelling unit shall be subject to the applicable fees adopted by the City.

(Ord. No. 2347, § 4(Exh. A), 6-6-17)

The procedures and requirements in Section 9108.11 (Permit Implementation, Time Limits, and Extensions), and those related to appeals, public notices and hearings, revocation, and enforcement in Division 8 (Development Code Administration) shall apply following the Director's action on a Zoning Clearance.

Division 8: - Development Code Administration Section 9108.01 - Administrative Responsibility