Article 19 — Zoning Clearances

The purpose of this article is to ensure that any construction or initiation or re-establishment of a legallyallowed use within a legally established (or a legal nonconforming) structure shall comply with these Zoning Regulations and all applicable provisions of the Municipal Code.

(§ 3, Ord. 771, eff. February 13, 2004)

• (a) The following shall not take place until a nondiscretionary zoning clearance has first been issued by the Director:

  • (1) Structure(s) shall not be erected (new or remodeled);

  • (2) Altered, repaired, vacant, or hereafter erected structure(s) shall not be occupied; or

  • (3) Change(s) in use of land or structure(s) shall not be inaugurated.

(b) An application for the clearance shall be filed with the Department in compliance with Section 10-2.1805 (§ 3, Ord. 771, eff. February 13, 2004)

A zoning clearance shall be required for:

• (a) A clearance for a structure which is to be erected or remodeled shall be filed in conjunction with the companion building permit application.

• (b) A clearance for the use of vacant non-residential land or structure(s) shall be filed at least 14 days before the intended use inauguration.

• (c) In order to provide for an expeditious development permit review/reconstruction process, which may only be available following the occurrence of a bona fide emergency (e.g., natural disaster), as determined by the Council, an emergency building permit and temporary zoning clearance may be issued by the appropriate City departments with adequate deposits/security required by subsection (d) of this section.

• (d) A temporary zoning clearance may be issued by the Director allowing almost "immediate" construction or use of the structures, subject to the conditions imposed on the use, provided that a deposit/security is filed with the Department before the issuance of the temporary clearance. The deposit/security shall guarantee the faithful performance and completion of all terms, conditions, and performance standards imposed on the proposed structure or use. The form of the deposit/security shall be subject to the approval of the Director. The deposit/security shall be processed for return to the depositor following a determination by the Director that all of the terms, conditions and performance standards have been met and permanent occupancy has been granted.

• (e) A zoning clearance for a new fence, wall or screening or replacement of a fence, wall, or screening pursuant to the standards within Sections 10-2.803 (Height measurement and exceptions), 10-2.804 (Setback measurement and exceptions), and 10-2.805 (Fences, walls, hedges. and screening).

• (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 4, Ord. 910, eff. December 10, 2020)

All applications shall be subject to the applicable provisions of these Zoning Regulations, including the procedures identified in the following: Section 10-2.1805 , Application Filing; Article 30 , Appeals. (§ 3, Ord. 771, eff. February 13, 2004)