Chapter 18.85
ZONING PERMITS

Sections:

18.85.010    Purpose and applicability.

18.85.020    Zoning administrator authority.

18.85.030    Procedures – Application, decision, effective date, appeal, site plan changes, revocation.

18.85.040    Lapse of approval – Changes to plans – Revocation.

18.85.010 Purpose and applicability.

A zoning permit is required before issuance of a building or grading permit, before a change in use of a property, before modifying, replacing or constructing an accessory structure, replacing or constructing a fence or wall within a residential front or street side yard, or for a Section 6409(a) modification as specified by PHMC Chapter 18.67. The purpose is to ensure that each new or expanded use of a site and each new or expanded structure complies with this chapter. (Ord. 966 § 4, 2023; Ord. 964 § 21, 2023; Ord. 949 § 23, 2021; Ord. 910 § 8, 2017; Ord. 903 § 4, 2016; Ord. 745 § 6, 2000; Ord. 710 § 35-27.1, 1996; 1991 code § 35-27.1)

18.85.020 Zoning administrator authority.

The zoning administrator shall issue a zoning permit if: (A) the proposed structure, use or fence complies with this chapter; and (B) no further environmental review is required under the California Environmental Quality Act (CEQA). (Ord. 745 § 7, 2000; Ord. 710 § 35-27.2, 1996; 1991 code § 35-27.2)

18.85.030 Procedures – Application, decision, effective date, appeal, site plan changes, revocation.

A. Application. The applicant shall file a completed zoning permit application with the zoning administrator. The application shall include the signature of the property owner.

B. Decision. The zoning administrator shall grant or deny the application within five working days. If an application for a zoning permit is denied, no new application for the same, or substantially the same, zoning permit shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice.

C. Effective date. A zoning permit is effective upon issuance.

D. Appeal. Any interested person may appeal the zoning administrator’s decision in accordance with PHMC Chapter 18.130.

E. Site plan changes – Revocation. A new zoning permit is required if the site plans are changed in a manner that affects compliance with this chapter or with the conditions of the zoning permit. The zoning administrator may revoke a zoning permit, after notice and hearing, for failure to comply with a condition of the permit. (Ord. 710 § 35-27.4, 1996; 1991 code § 35-27.4)

18.85.040 Lapse of approval – Changes to plans – Revocation.

A. Lapse of approval. A zoning permit lapses one year after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:

1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or

2. A certificate of occupancy has been issued; or

3. The use is established; or

4. The zoning permit is renewed by the hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.

A zoning permit automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.

B. Changes to plans. A request for a change in the zoning permit or a condition of approval requires a new application for modification of the condition.

C. Revocation. A zoning permit exercised in violation of this chapter or a condition of approval may be revoked, as provided in PHMC § 18.135.040. (Ord. 910 § 9, 2017)