Division 1 — ZONE CLEARANCE PERMIT

The purpose of this division is to provide minimum procedures for a zone clearance permit to ensure non-home occupation land uses are conducted in accordance with the city code. (Ord. No. 2829)

A zone clearance permit as approved by the director is required in order to conduct any business from a non-residential location as described in this division. (Ord. No. 2829)

The zone clearance permit shall be issued by the director. A city business license shall be obtained prior to or concurrently with an application for a zone clearance permit. The applicant is responsible for complying with city, county, State and federal requirements, including business license requirements and local zoning laws.

(Ord. No. 2829)

The director may approve or deny an application for a zone clearance permit if the director finds that the use is not detrimental to the public health, safety, or welfare; and that the proposed land use is consistent with all land use regulations applicable to the subject property, including but not limited to any discretionary permit or specific plan.

(Ord. No. 2829)

(A) The use authorized pursuant to a zone clearance permit shall be initiated within 90 days of final approval. If the intended use is not initiated, i.e., conducting business in accordance with all applicable city, county, State and federal laws and regulations, within 90 days the zone clearance permit shall be automatically null and void.

(B) A zone clearance permit shall immediately become null and void when the use for which the permit was granted ceases or is suspended for more than 30 days, or if a valid business license is not maintained for the subject use.

(Ord. No. 2829)

(A) The director shall notify a permittee in writing of a zone clearance permit revocation, if the director finds that one or more of the following conditions exist:

• (1) The operation or nature of the business has been altered contrary to the original approval:

• (2) The use is not consistent with an associated permit or specific plan;

• (3) The use has become detrimental to the public health or safety or constitutes a nuisance;

• (4) The permit was obtained in a fraudulent manner;

• (5) The condition of the premises or the operation of the use has been altered contrary to the original approval, including expansion of use;

• (6) The condition of the area where the use is located has changed so that the use is no longer justified under the meaning and intent of this chapter.

(B) The director shall mail such written notice to the permittee, stating the basis on which the director intends to revoke the zone clearance permit, and informing the permittee that the director shall revoke the permit within 15 calendar days of the notice mailing date, unless the condition found to be in violation of this chapter is abated within the time specified. The notice shall also inform the permittee of the appeal procedures set forth in section 16-520.6.

(Ord. No. 2829)

Any person may appeal to a hearing officer a decision of the director approving or denying an application for a zone clearance permit or revoking a zone clearance permit. The appeal shall be in writing, state the grounds for appeal, and shall be filed with the city clerk within 15 calender days of the date of the mailing of the director's decision, together with the appeal fee adopted by resolution of the city council. The decision of the hearing officer shall be final.

(Ord. No. 2829)