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Chapter 19.96 — NONCONFORMING USES›Article 7 — PERMIT PROCESSING PROCEDURES

§ 19.128

Duarte Zoning Code · 2026-06 edition · updated 2026-07-25 · Duarte

19.128.010 - Purpose.

Zoning Clearance is the procedure used by the City 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.

19.128.020 - Applicability.

Where Article 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 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 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 19.122, 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 Development Code requirements applicable to the subject use and any conditions of approval imposed on a discretionary permit authorizing the subject use.

E.

Business license. A Zoning Clearance shall be obtained before the City issues a new or modified Business License in compliance with Municipal Code Section 5.04.020 (License Required).

19.128.030 - Review procedure.

A.

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

B.

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.

19.128.040 - Post-decision procedures.

The procedures and requirements in Chapter 19.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 8 (Development Code Administration) shall apply following the Director's action on a Zoning Clearance.

Chapter 19.130 - PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS

Sections:

19.130.010 - Purpose.

This Chapter provides requirements for the implementation or "exercising" of the permits or approvals required by this Development Code, including time limits and procedures for approving extensions of time.

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▸ Contents — Duarte Zoning Code
Duarte Zoning Code
  1. Article 1 — ENACTMENT, APPLICABILITY, AND ENFORCEMENT
  2. Article 2 — ZONES, ALLOWABLE USES, AND DEVELOPMENT STANDARDS
  3. Chapter 19.12 — COMMERCIAL ZONES (C-P, C-G, C-F)
  4. Chapter 19.36 — , Fences, Walls, and Hedges.
  5. Chapter 19.34 — ACCESSORY STRUCTURES
  6. Chapter 19.88 — URBAN LOT SPLITS
  7. ▸ Chapter 19.96 — NONCONFORMING USES
    Overview
    1. § 19.98
    2. § 19.100
    3. ▸ Article 7 — PERMIT PROCESSING PROCEDURES
      Overview
      1. § 19.110
      2. § 19.112
      3. § 19.114
      4. § 19.118
      5. § 19.120
      6. § 19.122
      7. § 19.124
      8. § 19.126
      9. § 19.128
      10. § 19.130
    4. Article 8 — DEVELOPMENT CODE ADMINISTRATION
    5. Article 9 — DEFINITIONS

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