Concord Municipal Code Ch. 18.410 Zoning Clearance

This chapter establishes the procedure used by the city to verify that a new or expanded proposed structure or use complies with the permitted list of activities allowed in the applicable zoning district and the development standards applicable to the use. [Ord. 24-7 § 7 (Exh. M); Ord. 12-4. DC 2012 § 122-887].

A. Where Division II of this title (Zoning Districts – Uses and Standards) or other provisions of the development code specify a zoning clearance determination as a prerequisite to establishing a new land use, the zoning clearance review may be conducted prior or subsequent to the filing of any building, grading, or other construction permit, business license, or other authorization required for the proposed use.

B. The zoning clearance shall be determined before any structure may be altered, constructed, erected, moved, or repaired, or before any vacant land may be used or changed in use.

C. The zoning clearance shall be determined before a building permit or any other required city approval may be issued or granted.

D. Issuance of a business license does not require a zoning clearance or other permit from the planning division. However, obtaining a zoning clearance determination from the planning division will establish that the proposed activity complies with the use regulations of the development code and will provide a certainty to potential business owners/operators. The zoning clearance determination will specify that: (1) the use is in conformance with the provisions of this title; (2) the use is allowed; or (3) other permits, such as a use permit or design and site review, are not required. [Ord. 24-7 § 7 (Exh. M); Ord. 13-5; Ord. 12-4. DC 2012 § 122-888].

A. A zoning clearance will only be determined when the planning division has received all information required to find that the request complies with all development code provisions applicable to the proposed use or structure.

B. When the planning division determines that a new or expanded proposed structure is in conformance with applicable standards, the zoning clearance determination may be documented by a stamp, city staff signature, or other official notation on approved plans, or other certification. If there is no business license or other permit required, no additional documentation is required for a zoning clearance determination.

C. The planning division may attach to any zoning clearance for any proposed use or structure generally applicable conditions of approval which are set by the planning manager effective at the time of project application or required to bring the project into compliance with objective standards.

D. A zoning clearance determination may be requested in writing in accordance with Chapter 18.10 CDC (Title, Purpose, Applicability, and Interpretation) and appealable in accordance with Chapter 18.510 (Appeals and Calls for Review). [Ord. 26-425.1 § 11 (Exh. E); Ord. 24-7 § 7 (Exh. M); Ord. 13-5; Ord. 12-4. DC 2012 § 122-889].