Chapter 19.72 — ZONING CLEARANCE CERTIFICATION

A Zoning Clearance Certificate verifies conformance with all current requirements of this title and, if applicable, the terms and conditions of any previously approved permit or variance. (Ord. 5428 § 1, 2014)

A zoning clearance certification shall be required prior to the issuance of a building permit for a parcel, prior to the initiation of a home occupation as provided in Chapter 19.42 (Home Occupations), prior to the installation of outdoor seating as provided in Chapter 19.52 (Outdoor Restaurant Seating), prior to initiation of a temporary use as provided in Chapter 19.64 (Temporary Uses), at the request of any person for verification by the Planning Division of the zoning standards for any parcel located within the City, as otherwise required by this title or the Downtown Code, or prior to the following multi-family and non-residential projects:

• A. Replacement of landscaping with at least equal or greater water efficient landscaping consistent with Chapter 14.18 (Water Efficient Landscaping), provided that the planted area is not diminished thereby;

• B. New landscaping within designated landscape easements for which landscape guidelines have been adopted, if the landscaping is consistent with such guidelines;

• C. Modifications to parking areas including compliance with the Americans with Disabilities Act and re-striping where there is no net decrease in the number of parking spaces;

• D. Minor building façade improvements such as the rearrangement or addition of doors, windows and awnings, but excluding the repair and maintenance of properties with the same colors and materials, which are exempt from requiring a Zoning Clearance Certificate;

• E. Addition of security facilities including security gates and gate houses at a project entrance;

• F. Addition of or modifications to mechanical equipment when screened from public view;

• G. Other minor improvements designated by resolution of the city council as exempt from a Design Review Permit (e.g. Vernon Street C.B.D. for Historic Building Designation, “State Historic Building Code” applied at the building official’s election).

• (Ord. 5428 § 1, 2014; Ord. 5974 § 14, 2018; Ord. 6198 § 1, 2020)

• A. Application, General. A request for a zoning clearance certification, not associated with a building permit application, may be made by any individual and shall be made on a form provided by the department. The application shall be accompanied by plans, specifications and information as may be required by the department to determine compliance with this title.

• B. Application Associated with a Building Permit. A request for a zoning clearance certification associated with a building permit application shall be in the form of a building permit application. Plans submitted to the building department shall include plans, specifications and information that demonstrates conformance with this title. The zoning clearance certification associated with the issuance of a building permit shall be the plans approved by the Planning Division for issuance of a building permit.

• C. Processing Applications. Within seven calendar days of receipt of a request for a zoning clearance certification, the Planning Division shall review the request for conformance with this title and, if applicable, the terms and conditions of any previously approved permit or variance.

• D. Notice. If a zoning clearance certification is required for issuance of a building permit, written notice of the Planning Manager’s certification shall be provided directly to the building department and included in the issuance of the building permit. If a zoning clearance is requested that is not part of a building permit, it will be mailed to the applicant.

• E. Appeal. An appeal of a zoning clearance certification shall be processed as an appeal of the Planning Manager’s decision and shall be made as provided by Chapter 19.80 .

• F. Expiration of Zoning Clearance Certificate . A Zoning Clearance Certificate shall expire upon the earlier event of the following:

  1. 180 days after issuance, unless otherwise indicated on the Zoning Clearance Certificate; or

  2. When the proposed use or development no longer conforms to all applicable provisions of this title.

3. If a zoning clearance is issued in conjunction with a building permit, the zoning clearance shall expire when the building permit expires.

(Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020)