Chapter 23.113
ZONING CERTIFICATION
Sections:
23.113.030 Application not required.
23.113.040 Approval authority.
23.113.050 Public hearing notice and procedure.
23.113.060 Notice of decision.
23.113.080 Conditions of approval.
23.113.010 Purpose.
Zoning certification is an “over-the-counter” administrative procedure to certify that a proposed structure or land use is allowed in the applicable zoning district and that the project complies with all applicable requirements of the zoning code. This includes building permit plan check, business license review, home occupations, sign permits, and similar activities that require a compliance check with regard to zoning code provisions. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.5.010)].
23.113.020 Applicability.
Zoning certification is required:
A. Prior to obtaining a building permit, sign permit, or other ministerial permit where planning approval is required.
B. Prior to obtaining a business license, including home occupations (see also home occupation standards in RCMC 23.901.030 (Home occupations)).
C. Prior to the establishment of any land use allowed as a permitted (“P”) use in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) that involves no construction requiring a building or other permit. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.5.020)].
23.113.030 Application not required.
No application is required for zoning certification. [Ord. 4-2017 § 3 (Exh. B)].
23.113.040 Approval authority.
Zoning certification is a nondiscretionary decision by the director as outlined in RCMC 23.104.030 (Recommending and approval authority). [Ord. 4-2017 § 3 (Exh. B)].
23.113.050 Public hearing notice and procedure.
No public hearing is required for review and processing of a zoning certification. [Ord. 4-2017 § 3 (Exh. B)].
23.113.060 Notice of decision.
A notice of decision shall be rendered as follows:
A. Approval. Approvals shall be indicated with a stamp, city staff signature, or other official notation on approved plans. A letter may also be provided to the applicant if warranted at the discretion of the director.
B. Denial. Denials shall be indicated in writing to the applicant. [Ord. 4-2017 § 3 (Exh. B)].
23.113.070 Approval findings.
The approval authority shall approve the zoning certification after finding all of the following. If the approval authority does not make all of these findings, the zoning certification shall not be approved.
A. Existing site improvements and/or structures comply with all applicable requirements of this zoning code.
B. New improvements comply with the standards and requirements of this zoning code and other applicable regulations. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.5.030). Formerly 23.113.030].
23.113.080 Conditions of approval.
In approving a zoning certification, the approval authority may impose reasonable conditions of approval to ensure that all applicable criteria are met. [Ord. 4-2017 § 3 (Exh. B)].
23.113.090 Appeals.
Zoning certifications are not subject to appeal. If, however, a zoning certification requires a similar use determination, then the appeal procedures under Chapter 23.122 RCMC shall apply to the similar use determination. [Ord. 4-2017 § 3 (Exh. B)].
23.113.100 Permit expiration.
Zoning certifications shall not expire. [Ord. 4-2017 § 3 (Exh. B)].
23.113.110 Amendments.
An applicant may request an amendment to a zoning certification after the final written decision is issued. Amendments shall be processed in accordance with RCMC 23.110.180 (Amendments). [Ord. 4-2017 § 3 (Exh. B)].