Chapter 18.72 — PERMITS

Individual zoning districts outlined and regulated in this title specify land uses that are either permitted, conditionally permitted, or prohibited. Land uses listed as permitted in that zoning district, or uses that are otherwise similar enough at the determination of the City's Planning Department, are

not required to obtain any form of zoning permit; however, all nonresidential permitted uses listed must obtain a "zoning compliance statement" prior to obtaining a City business license as verification that the proposed land use is compliant with applicable zoning regulations.

• A. Application. For any new nonresidential land use on any property in Sand City that may qualify as a "permitted use" in a particular zoning district, an application shall be filed with the City that identifies and describes the intended land use and location. This application shall include signatories from both the land use proponent and the property owner, or property owner's legal representative, as testimony that the information provided on said application is complete and correct. Furthermore, the property owner's (or legal representative's) signature shall signify their authorization that the described use may occur on the subject property.

• B. Zoning Compliance. Prior to issuance of a zoning compliance statement, the City Planner shall verify the use and site comply with all applicable zoning code requirements, including, but not limited to, Chapter 18.64 . If either the proposed permitted use and/or the subject property cannot satisfy applicable zoning requirements, then the zoning compliance statement shall not be issued.

• C. Issuance of a Zoning Compliance Statement. Planning Department staff shall issue a zoning compliance statement to any applicant upon verification that all the information provided on the application is correct and that said land use is consistent with land uses listed as permitted within the zoning district where the subject property lies within. Once the compliance statement is issued, a City business license may be issued for that use.

• D. Discretionary Permit. For uses that do not qualify as a permitted use at the determination of the City Planner, a use must then apply and acquire discretionary conditional use permit approval prior to occupancy of a site or initiating activity within the City.

• E. Enforcement. Where any nonresidential land use, previously issued a zoning compliance statement, alters or expands beyond the originally stated use in the issuance of the zoning compliance statement, the City Planner may ultimately inhibit the issuance or renewal of future business licenses for that use until zoning compliance is achieved.

• (Ord. 16-01 §1)

No person shall have outside storage of any object or material on property zoned as commercial, manufacturing, mixed-use or planned unit development unless said storage is allowed as part of an approved use permit, coastal development permit, site plan, design, permit or other discretionary approval related to the associated business activity. Outside storage, as a principal use on nonresidentially zoned property shall also require use permit approval by the City Council in all zoning districts. Outside storage as a principal use within residentially zoned properties shall not be allowed.

(Ord. 16-01 §1)

Individual development projects, that inherently include multiple facets of review, such as land use, site design, subdivision map, variance, and the like, are best served by consolidating all those reviews and actions into a single land use entitlement permit. Therefore, when any land use and/or development project applies for two or more related permit applications for discretionary approval on one parcel or several adjacent parcels, the City may combine, at the discretion of the City Planner, those reviews and permits into a single land use entitlement permit approval as described as follows.

• A. Coastal Zone Districts. When land use and/or development projects require multiple permit approvals within a coastal zone overlay district, the coastal development permit may serve, at the discretion of the City Planner, as the single overriding land use entitlement permit towards the approval of that project. The following permits are subject to inclusion within a coastal development permit:

  1. Conditional use permit;

  2. Site plan permit;

  3. Design permit;

  4. Planned unit development permit;

  5. Variance;

  6. Tentative subdivision map approval.

• B. Non-Coastal Zone Districts. When land use and/or development projects require multiple permit approvals within a non-coastal zone district, the conditional use permit may serve, at the discretion of the City Planner, as the single overriding land use entitlement permit towards the approval of that project. The following permits are subject to inclusion within a conditional use permit:

  1. Site plan permit;

  2. Design permit;

  3. Planned unit development permit;

  4. Variance;

  5. Tentative subdivision map approval.

• (Ord. 16-01 §1)

Application fees for all zoning compliance and/or land use entitlement permit review shall be set by City Council resolution. When a project requires multiple permits that are combined as described in Section 18.72.030 , the fees for each individual permit and/or land use review involved with that property's application shall be collected in full prior to any land use entitlement permit being deemed as complete; except when the City Planner allows for postponement or waiver of those fees. (Ord. 16-01 §1)