(A) Purpose. Zoning clearance is a nondiscretionary administrative verification procedure used by the County to verify that a proposed land use, improvement, or structure complies with the list of activities allowed in the applicable zone and the development standards applicable to the use, improvement, or structure.
(B) Applicability. Where § 25.01.011 or another provision of this zoning code requires a zoning clearance as a prerequisite to establishing a land use, improvement, or structure, a zoning clearance shall be required at the time of the Director’s review of any of the following:
(1) 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 or improvement.
(2) Change of use.
(a) 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 first be obtained.
(b) 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.
(3) Business license. A zoning clearance shall be obtained before the County issues a new or modified business license.
(4) Other activities. Any other activities as specified in this zoning code.
(5) Accessory dwelling units. Unless otherwise exempt, a zoning clearance for accessory dwelling units shall be obtained prior to submittal of an application for a building plan check and a permit to construct an accessory dwelling unit.
(C) Review Authority. The Director or his/her designee shall act as the Review Authority for zoning clearance applications based on consideration of the requirements of this chapter.
(D) Review procedure.
(1) Application. Applications and fees for A zoning clearance shall be submitted in accordance with the provisions set forth in the zoning code. The Director may request that the zoning clearance application be accompanied by a written narrative, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all provisions of this title and the requirements and conditions of any applicable use permit or other discretionary land use approval.
(2) Determination. If the Director determines that the proposed use or structure is allowed as a matter of right by this title and conforms to all the applicable development and use standards, the Director shall issue a zoning clearance. An approved zoning clearance may include attachments of other written or graphic information, including but not limited to, statements, numeric data, site plans, floor plans, and building elevations and sections, as a record of the proposal’s conformity with the applicable regulations of this title. Prior to issuing any building permit or subdivision approval, the Director shall review the application to determine whether the use or structure complies with all provisions of this title or any applicable use permit or other discretionary land use approval and that all conditions of such permits and approvals have been satisfied.
(3) Exceptions. No zoning clearance shall be required for the continuation of previously approved or permitted uses and structures or uses and structures that are not subject to any building or zoning regulations.
(Ord. 1043 § 3 (part), 2022)