§ 9-52.020. Zoning Clearances

A.

Purpose of Chapter.

1.

Procedure. This Section provides a procedure for issuing Zoning Clearances which are used to verify that a proposed land use activity or structure complies with all of the allowed list of activities and development standards applicable to the category of use or the zoning district of the subject parcel.

2.

Compliance. Where Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) requires a Zoning Clearance as a prerequisite to establishing a land use or structure, the Director shall evaluate the proposed use or structure to determine whether a Zoning Clearance may be issued in compliance with Title 9 of the SVMC.

B.

Applicability.

1.

An application for a Zoning Clearance shall be filed in compliance with the following:

a.

A clearance for the use of vacant nonresidential land or structure(s) shall be filed at least 14 days before the intended use inauguration;

b.

A clearance for a structure which is to be erected or remodeled shall be filed in conjunction with the companion Building Permit application; and

c.

No person shall alter, install, occupy, or use any newly constructed or modified structure, or change or occupy any newly initiated or modified use, or type or class of use, except for a single-family dwelling, without first applying for and obtaining the required Zoning Clearance.

2.

An application for a Zoning Clearance shall be required for the following:

a.

To allow a "reconfiguration" of an architectural feature which does not modify the previously approved theme or plan for an approved development project;

b.

To allow the movement, of up to five feet, of the approved building footprint within the buildable area of a project site for an approved development project;

c.

To allow the replacement of one approved model floor plan (e.g., model home) with another approved model floor plan, on an approved map or site plan, as long as the replacement floor plan was for the same, or less, number of stories;

d.

To allow restriping of a parking lot which does not decrease the number of parking spaces required for an approved development project;

e.

To allow color and material board changes that are consistent with the original approval for a completed residential, commercial, or industrial development project;

f.

To allow the addition of accessory structures (up to a maximum of 150 square feet total for all accessory structures) to an approved commercial or industrial development project;

g.

To allow the adjustment or expansion of a building footprint not to exceed 10 percent of the existing (or previously approved) footprint, or 1,000 square feet, whichever is less;

h.

For projects over 10 acres, if the final grade of a grading plan, or the final grade as a result of an adjustment in the field, differs from what the applicable review authority approved by no more than one foot in the exterior when located adjacent to existing development, and by no more than three feet on the interior, the grading may be approved by a Zoning Clearance, subject to confirmation by the City Engineer that the above identified criteria have been met; and

i.

For projects 10 acres or less, if the final grade of a grading plan, or the final grade as a result of an adjustment in the field, differs from what the applicable review authority approved by not more than one foot on the interior or exterior of the project, the grading may be approved by a Zoning Clearance, subject to confirmation by the City Engineer that the above identified criteria have been met;

j.

To allow the introduction of a new model floor plan (e.g., model home) to an approved residential development project;

k.

To allow outdoor storage accessory to an existing permitted use, within the CI, CPD, CR, LI, and GI Zones, pursuant to Section 9-44.110 (Outdoor Storage);

l.

If the request exceeds the above listed thresholds, an Administrative Action would be required, in compliance with Section 9-52.030;

m.

To allow construction of one single-family, detached dwelling unit on one lot; and

n.

To allow the modification of up to 10% of a developed site's landscaping or the removal of up to 2 trees, per calendar year, whichever is greater.

3.

An application for a Zoning Clearance shall not be required for the following:

a.

A change in color or material on a completed single-family residence;

b.

Allowed crop growing where no structures are involved;

c.

Allowed household animals;

d.

Uncovered patios, paving, and uncovered decks, when constructed no more than 30 inches above the surrounding finished grade;

e.

Paving in the side and rear yards (a Zoning Clearance is required for paving in the front yard and the parkway); and

f.

Fences or walls six feet or less in height.

4.

Review authority. The Director shall issue (sign-off) the Zoning Clearance after first determining that the proposed development or improvement would:

a.

Comply with all of the applicable provisions, requirements, and standards for the category of use and the zoning district of the subject parcel;

b.

Be in full compliance with all previously issued conditions of approval;

c.

Be in full compliance with this Development Code and the Municipal Code;

d.

Be consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan; and

e.

Receive a supportive recommendation by the City Engineer, regarding a final grade as identified in Subsection (2)(i), above.

5.

All applicants for Zoning Clearances shall comply with and adhere to the terms, plans, and conditions of the clearance, including what is shown on any submittals provided by the applicant. Any variation or deviation in any use or what is constructed from such terms, plans, and conditions shall be a violation of the Simi Valley Municipal Code and subject to enforcement pursuant to Section 9-78.040 of this Chapter.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2, Ord. 1110, eff. April 6, 2007; § 2, Ord. 1126, eff. March 13, 2008; and § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012 and § 3 (Exh. A), Ord. No. 1278, eff. December 14, 2017)