Chapter 18.28
ZONING CLEARANCE Revised 1/24

Sections:

18.28.010    Purpose.

18.28.020    Applicability.

18.28.030    Review and decision. Revised 1/24

18.28.040    Appeals.

18.28.010 Purpose.

This chapter establishes procedures for conducting a zoning clearance to verify that each new or expanded use, activity, or structure complies with all of the applicable requirements of this title. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.28.020 Applicability.

A zoning clearance is required for buildings or structures erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which are allowed as a matter of right by this title. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.28.030 Review and decision. Revised 1/24

Before the City may issue any business license, building permit, subdivision approval, or lot line adjustment, the Director shall review the application to determine whether the use, building, or change in lot configuration complies with all provisions of this title or any design review, use permit or variance approval and that all conditions of such permits and approvals have been satisfied.

A.    Application. Applications and fees for a zoning clearance shall be submitted in accordance with the provisions set forth in Section 18.27.020, Application forms and fees. 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 variance approval.

B.    Determination. If the Director determines that the proposed use or building 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.

C.    Airport Land Use Compatibility Plan Consistency. When applicable, zoning clearance for any proposed development, alteration or change of use that is subject to the ALUCP shall include an applicability determination of Section 18.21.150, San Carlos Airport land use compatibility plan consistency. Where required, the applicant shall seek a consistency determination with Section 18.21.150.

D.    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. 1606 (Exh. A), 2023; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.28.040 Appeals.

Zoning clearance decisions are subject to the appeal provisions of Section 18.27.150, Appeals. (Ord. 1438 § 4 (Exh. A (part)), 2011)