§ 8181-3.1. Zoning clearances.

Zoning Clearances certify that a proposed structure and/or use of land or buildings meets all the requirements of this Chapter, and, if applicable, the conditions of any previously issued permit. Issuance of a Zoning Clearance is a ministerial decision by the Planning Director that is not appealable to the Coastal Commission and is required for development exempt or excluded from the requirement to obtain a Coastal Development Permit.

(a)

Issuance. A Zoning Clearance is required prior to the initiation of uses of land or structures, including a change of use where a new use replaces an existing one (1), the construction of structures requiring building permits, and the commencement of any activity authorized by a permit or subdivision granted in accordance with Chapters 1, 1.1 and 2. A Zoning Clearance shall be issued upon the request of an applicant, provided that the proposed use or structure:

(1)

Is permissible under the present zoning on the land;

(2)

Is compatible with the purpose, intent, goals, policies, programs and land use designations specified in the General Plan;

(3)

Complies with the applicable terms and conditions of the required discretionary permit granting the use in question, and the decision granting said permit is considered "effective" pursuant to Section 8181-7.4;

(4)

Is not located on the same lot where a violation exists of any County ordinance regulating land use, such as the County Building Code or any grading ordinance, or of the terms of an existing permit covering the lot, unless the Zoning Clearance is necessary to the abatement of the existing violation;

(5)

Is not being requested by or for a person who owes the County outstanding fees; and

(6)

Is consistent with the portions of the County Hazardous Waste Management Plan that identify specific sites or siting criteria for hazardous waste facilities.

(b)

Expiration. Zoning Clearances shall expire one hundred eighty (180) days after issuance, unless otherwise indicated on the clearance or unless the use of land or structures or building construction has commenced and is being diligently pursued.

(Add. Ord. 3946—7/10/90; Ord. No. 4451, § 9, 12-11-2012)