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Chapter 8.116
ZONING CLEARANCE

8.116.010 Purpose.

The purpose of this Chapter is to establish a procedure for certifying conformance of a Zoning Clearance application with the requirements of this Title, the General Plan, any applicable Specific Plans, and the terms and conditions of any applicable permits or variances. Rev. Ord. 6-13 (November 2013); Ord. 20-12 (December 2012); Ord. 8-11 (June 2011); Ord. 3-10 (February 2010); Ord. 15-09 (November 2009); Ord. 1-04 (January 2004)

8.116.020 Applications Requiring a Zoning Clearance.

A.    Building permit.

B.    Signs. All signs which have been identified in Chapter 8.84, Sign Regulations, as requiring a zoning clearance.

C.    Recreational Facility (Indoor). Recreational facilities (indoor) that meet the standards specified in Chapter 8.70 (Recreational Facilities (Indoor)).

D.    Reasonable Accommodations for Persons with Disabilities. Requests for reasonable accommodation that meet the development standards and regulations contained in Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities).

E.    Emergency Shelters. Requests to establish and operate an Emergency Shelter that meets the development standards and regulations contained in Chapter 8.45 (Emergency Shelters).

F.    Auto-Related Uses in the Scarlett Court Overlay Zoning District. Automobile/Vehicle Brokerage, Automobile/Vehicle Rental, Automobile/Vehicle Repairs and Service, or Automobile/Vehicle Sales and Service use types that meet the standards specified in Chapter 8.34 (Scarlett Court Overlay Zoning District).

G.    Tobacco Retailers. Tobacco retailers that meet the standards specified in Chapter 8.43 (Tobacco Retailers).

H.    Day Care Centers. Day Care Centers that meet the standards specified in Chapter 8.82 (Day Care Centers).

I.    Cottage Food Operations. Cottage Food Operations that meet the standards specified in Chapter 8.65 (Cottage Food Operations).

J.    Housing Projects Eligible for Streamlined Approval. Housing projects that meet all eligibility criteria as set forth in Government Code Section 65913.4.

K.    SB 9 Unit Developments. Projects that are requesting approval of an SB 9 Unit Development that meet the standards specified in Chapter 8.81. Rev. Ord. 3-22 (April 2022); Ord. 1-22 (March 2022); Ord. 5-20 (June 2020); Ord. 25-14 (December 2014); Ord. 6-13 (November 2013); Ord. 20-12 (December 2012); Ord. 8-11 (June 2011); Ord. 4-11 (April 2011); Ord. 3-10 (February 2010); Ord. 15-09 (November 2009)

8.116.030 Application.

A.    Building Permit. The Applicant shall submit a complete application for a Building Permit for a structure or a sign.

B.    Signs. The Applicant shall submit a complete application for a “Zoning Clearance for Permanent Signs” along with such information requested on said form.

C.    Recreational Facility (Indoor). If the Zoning Clearance is for a Recreational Facility (Indoor), the Applicant shall submit a “Zoning Clearance for Indoor Recreational Facility” form along with such information requested on said form.

D.    Reasonable Accommodations for Persons with Disabilities. If the Zoning Clearance is for a Reasonable Accommodation for Persons with Disabilities, the Applicant shall submit the appropriate Zoning Clearance application form provided by the Community Development Department along with the items required in Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities).

E.    Emergency Shelters. If the Zoning Clearance is for an Emergency Shelter, the Applicant shall submit the appropriate Zoning Clearance application form provided by the Community Development Department along with the items required in Chapter 8.45 (Emergency Shelters).

F.    Auto-Related Uses in the Scarlett Court Overlay Zoning District. If the Zoning Clearance is for an auto-related use noted above in the Scarlett Court Overlay Zoning District, the Applicant shall submit a “Zoning Clearance for Auto-Related Uses in the Scarlett Court Overlay Zoning District” form along with such information requested on said form.

G.    Tobacco Retailer. If the Zoning Clearance is for a tobacco retailer, the Applicant shall submit a “Zoning Clearance for Tobacco Retailer” form along with such information requested on said form.

H.    Day Care Centers. If the Zoning Clearance is for a Day Care Center, the Applicant shall submit the appropriate Zoning Clearance application form provided by the Community Development Department along with such information requested on said form.

I.    Cottage Food Operations. If the Zoning Clearance is for a Cottage Food Operation, the Applicant shall submit a “Zoning Clearance for Cottage Food Operations” application form provided by the Community Development Department with such information requested on said form.

J.    Housing Projects Eligible for Streamlined Approval. If the Zoning Clearance is for a housing project that is eligible for streamlined approval pursuant to Government Code Section 65913.4, the Applicant shall submit a “Zoning Clearance for Housing Projects Eligible for Streamlined Approval” application form provided by the Community Development Department with information requested on the form.

K.    SB 9 Unit Developments. If the Zoning Clearance is for an SB 9 Unit Development, the Applicant shall submit a “Zoning Clearance for SB 9 Unit Development” application form provided by the Community Development Department with such information requested on said form. Rev. Ord. 3-22 (April 2022); Ord. 1-22 (March 2022); Ord. 5-20 (June 2020); Ord. 25-14 (December 2014); Ord. 6-13 (November 2013); Ord. 20-12 (December 2012); Ord. 8-11 (June 2011); Ord. 4-11 (April 2011); Ord. 3-10 (February 2010); Ord. 15-09 (November 2009); Ord. 1-04 (January 2004)

8.116.040 Approval.

The Director shall decide zoning clearance applications as follows:

A.    Building Permit. All building permit applications shall be reviewed for consistency with the regulations of this Title as required by Chapter 8.04, Title, Purpose and Authority. The zoning clearance approval for a building permit shall be a signature and date on the building permit and an initialed and dated stamp of approval on the approved building plans.

B.    Signs. All signs identified in the sign regulations as requiring a Zoning Clearance shall be applied for and approved as in subsection A of this section, Building Permit.

C.    Recreational Facility (Indoor). All recreational facilities (indoor) shall be reviewed for compliance with Chapter 8.70 (Recreational Facilities (Indoor)). The zoning clearance approval for a recreational facility (indoor) shall be a completed “Zoning Clearance for Recreational Facilities (Indoor)” application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his/her designee.

D.    Reasonable Accommodations for Persons with Disabilities. All requests for reasonable accommodations shall be reviewed for compliance with Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities). The Zoning Clearance approval for a reasonable accommodation request shall be a completed Zoning Clearance application form and any pertinent attachments as required on the form with the date and the signature of the Community Development Director or his/her designee.

E.    Emergency Shelters. All requests for Emergency Shelters shall be reviewed for compliance with Chapter 8.45 (Emergency Shelters). The Zoning Clearance approval for an Emergency Shelter shall be a completed Zoning Clearance application form and any pertinent attachments as required on the form with the date and the signature of the Community Development Director or his/her designee.

F.    Auto-Related Uses in the Scarlett Court Overlay Zoning District. Auto-related uses in the Scarlett Court Overlay Zoning District shall be reviewed for compliance with Chapter 8.34 (Scarlett Court Overlay Zoning District). The Zoning Clearance approval shall be a completed “Zoning Clearance for Auto-Related Uses in the Scarlett Court Overlay Zoning District” application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his/her designee.

G.    Tobacco Retailer. All tobacco retailers shall be reviewed for compliance with Chapter 8.43 (Tobacco Retailers). The zoning clearance approval for a tobacco retailer shall be a completed “Zoning Clearance for Tobacco Retailers” application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his/her designee.

H.    Day Care Centers. All Day Care Centers shall be reviewed for compliance with Chapter 8.82 (Day Care Centers). The Zoning Clearance approval for Day Care Centers shall be a completed “Zoning Clearance for Day Care Centers” application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his/her designee.

I.    Cottage Food Operations. All Cottage Food Operations shall be reviewed for compliance with Chapter 8.65 (Cottage Food Operations). The Zoning Clearance approval for a Cottage Food Operation shall be a completed “Zoning Clearance for Cottage Food Operations” application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his/her designee.

J.    Housing Projects Eligible for Streamlined Approval. Housing projects that are eligible for a streamlined approval process pursuant to Government Code Section 65913.4 shall be reviewed for consistency with the Citywide Multifamily Objective Design Standards contained in Section 8.36.020(B) and all other applicable objective standards within this Title, Zoning. The Zoning Clearance approval for a housing project eligible for streamlined approval shall be a completed “Zoning Clearance for Housing Projects Eligible for Streamlined Approval” application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his/her designee.

K.    SB 9 Unit Developments. SB 9 Unit Developments shall be reviewed for consistency with Chapter 8.81, Government Code Section 65852.21, and all other applicable objective standards in the Dublin Municipal Code. The Zoning Clearance approval for an SB 9 Unit Development shall be a completed “Zoning Clearance for SB 9 Unit Development” application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his/her designee. Rev. Ord. 3-22 (April 2022); Ord. 1-22 (March 2022); Ord. 5-20 (June 2020); Ord. 25-14 (December 2014); Ord. 6-13 (November 2013); Ord. 20-12 (December 2012); Ord. 8-11 (June 2011); Ord. 4-11 (April 2011); Ord. 3-10 (February 2010); Ord. 15-09 (November 2009)

8.116.050 Expiration of Zoning Clearance.

A.    Building Permit. A Zoning Clearance issued in conjunction with a Building Permit shall expire when the Building Permit expires.

B.    Signs. A Zoning Clearance issued in conjunction with a sign shall expire when the sign is removed.

C.    Recreational Facility (Indoor). A Zoning Clearance issued in conjunction with a Recreational Facility (Indoor) shall expire when the use is no longer operational.

D.    Reasonable Accommodation for Persons with Disabilities. A Zoning Clearance issued in conjunction with a Reasonable Accommodation for Persons with Disabilities shall expire when the lawfully established reasonable accommodation is no longer being used by a person(s) with a disability as required by Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities). A lawfully established reasonable accommodation may remain in place as a legal nonconforming structure subject to Chapter 8.140 (Non-Conforming Structures and Uses).

E.    Emergency Shelters. A Zoning Clearance issued in conjunction with an Emergency Shelter shall expire when the use is no longer operational.

F.    Auto-Related Uses in the Scarlett Court Overlay Zoning District. A Zoning Clearance issued in conjunction with an auto-related use in the Scarlett Court Overlay Zoning District shall expire when the use is no longer operational.

G.    Tobacco Retailers. A Zoning Clearance issued in conjunction with a tobacco retailer shall expire when the use is no longer operational.

H.    Day Care Centers. A Zoning Clearance issued in conjunction with a Day Care Center shall expire when the use is no longer operational.

I.    Cottage Food Operations. A Zoning Clearance issued in conjunction with a Cottage Food Operation shall expire when the use is no longer operational.

J.    Housing Projects Eligible for Streamlined Approval. A Zoning Clearance issued in conjunction with a housing project eligible for streamlined approval shall expire in accordance with Government Code Section 65913.4(f).

K.    SB 9 Unit Developments. A Zoning Clearance issued in conjunction with a Building Permit for an SB 9 Unit Development shall expire when the Building Permit expires. If a Building Permit Application for an SB 9 Unit Development is not filed within a year of the Zoning Clearance approval, the Zoning Clearance shall become null and void. Rev. Ord. 3-22 (April 2022); Ord. 1-22 (March 2022); Ord. 5-20 (June 2020); Ord. 25-14 (December 2014); Ord. 6-13 (November 2013); Ord. 8-11 (June 2011); Ord. 4-11 (April 2011); Ord. 3-10 (February 2010); Ord. 15-09 (November 2009)