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Portola Valley City Zoning Code

CHAPTER 18

62 - ZONING PERMIT AND CERTIFICATE OF OCCUPANCY

18.62.010 - Zoning permit and certificate of occupancy—Required when.

No vacant land shall be occupied or used except for public street purposes, public utility distribution or local service lines and minor appurtenances thereto and no structure shall hereafter be erected or structurally altered, nor shall the use of any land or structure be changed until a zoning permit shall have been issued by the town planner, and no building shall be occupied until a certificate of occupancy, if required by Section 18.62.080, shall have been issued by the building inspector.

(Ord. 1967-80 § 1 (6911), 1967)

18.62.020 - Zoning permit—Application procedure.

A. Application shall be made on a form provided by the planning commission secretary at the time application is made for the building permit or if no building permit is required whenever there is any change in the use of any structure or any change of use in any land except for permitted agricultural uses. The applicant shall submit all required data at the time of making application, including the following:

1.

Site plan drawn to scale showing location of all existing and proposed buildings, yards, driveways and parking areas;

2.

For uses for which architectural and site plan review is required, Section 18.64.040 shall govern;

3.

For uses in the F-P zoning district, all information required by Chapter 18.32;

4.

Any other data that may be required by the rules of the planning commission.

B.

Where the application is for change in use of any existing structure or change in use of any land where no structure is involved, the requirement for the submittal of all or part of the above data may be waived by the town planner.

(Ord. 1978-164 § 5, 1978; Ord. 1967-80 § 1 (6911.1), 1967)

18.62.030 - Zoning permit application—Fee and service charges.

When the application for a zoning permit is filed, a fee and service charges established pursuant to Sections 18.34.040 through 18.34.070 shall be paid.

(Ord. 1967-80 § 1 (6911.2), 1967)

18.62.040 - Zoning permit—Application—Investigation.

The town planner shall check the application and all data submitted therewith to see that all provisions of the zoning ordinance shall be complied with. If the application is for any use for which architectural and site plan review is required, the application shall be referred to the architectural and site control commission in accordance with Chapter 18.64.

(Ord. 1967-80 § 1 (6911.3), 1967)

18.62.050 - Zoning permit—Issuance.

If the town planner finds, from his investigations and the report, if any required, of the architectural and site control commission, that the proposed use complies with all applicable provisions of this title, he shall issue the permit and maintain a written record of his findings. If the structure or site and proposed use do not comply in all respects with the provisions of the zoning ordinance, the town planner shall deny the application for a zoning permit, setting forth the reasons therefor in writing, and advise the applicant of appeal procedures to the board of adjustment in accordance with Chapters 18.66 and 18.70.

(Ord. 1967-80 § 1 (6911.4), 1967)

18.62.060 - Zoning permit—Issuance precondition for building permit.

The building inspector shall not issue a building permit until the town planner has approved a zoning permit for the structure or structures included in the building permit and has found the building permit and zoning permit to conform one to the other.

(Ord. 1967-80 § 1 (6911.5), 1967)

18.62.070 - Lapse of a zoning permit—Renewal—Appeal.

A. The zoning permit shall lapse and shall become null and void six months following the date on which the zoning permit becomes effective unless:

1.

The use has commenced; or

2.

A building permit has been issued by the building inspector and construction started and diligently pursued toward completion on the site which was the subject of the zoning permit; or

3.

A certificate of occupancy has been issued by the building inspector for the site or the structure which was the subject of the zoning permit application.

B.

A zoning permit may be renewed for an additional period of six months provided that prior to the lapse of the zoning permit an application for renewal of the zoning permit is filed with the town planner. The town planner may grant or deny an application for renewal of a zoning permit. The action on an application for renewal by the town planner may be appealed to the board of adjustment in accordance with Chapters 18.66 and 18.70.

(Ord. 1967-80 § 1 (6911.6), 1967)

18.62.080 - Certificate of occupancy—Conformance with zoning permit required—Appeal procedures.

Before issuing a certificate of occupancy for a structure or alteration, the building inspector shall determine if the structure or alteration conforms to the zoning permit issued for the structure or alteration. If the structure or alteration is found to conform, he may issue the certificate of occupancy. If the structure or alteration is found not to conform with the zoning permit, he shall not issue the certificate of occupancy, unless it is possible to modify the zoning permit and allow the structure or addition within the provisions of this title taking into consideration any actions by any official or body pursuant thereto. Otherwise, the building inspector shall advise the applicant of appeal procedures to the board of adjustment in accordance with Chapters 18.66 and 18.70. A certificate of occupancy shall be required for all buildings of more than fifty dollars in value.

(Ord. 1967-80 § 1 (6911.7), 1967)

18.62.090 - Referral of zoning permit or certificate of occupancy to officials or agencies—Review and approval—Appeal procedures.

A. The town planner or building inspector, prior to the issuance of the zoning permit or certificate of occupancy, shall, if they deem it necessary, check with the fire chief, health officer, planning commission, the sheriff's office and any other official of the town. For any uses for which architectural and site plan review is required, the application shall be referred to the architectural and site control commission. All officials or agencies so informed shall:

1.

Indicate their approval of the issuance of the permit or certificate on a copy of the permit or certificate; or

2.

Indicate their approval of the permit or certificate on a copy of the permit or certificate, together with the requirements which must be complied with as a condition of occupancy; or

3.

Withhold approval and make a written report to the town planner or building inspector containing reasons for such disapproval; and

4.

Return the permit or certificate and written report to the town planner or building inspector.

B.

Should any town official inform the town planner or building inspector that approval of the permit or certificate is withheld, the town planner or building inspector shall inform the applicant that his permit or certificate is denied, and the reasons therefor. He shall also advise the applicant of appeal procedures to the board of adjustment in accordance with Chapters 18.66 and 18.70.

(Ord. 1967-80 § 1 (6911.8), 1967)

18.62.100 - Zoning permit—Posting.

The zoning permit shall be posted or displayed prominently in the structure or on the site at all times.

(Ord. 1967-80 § 1 (6911.9), 1967)

18.62.110 - Zoning permit—Effective date.

The zoning permit shall become effective immediately after endorsement of the permit by the town planner.

(Ord. 1967-80 § 1 (6911.10), 1967)

18.62.120 - Zoning permit—Validity.

Section 18.34.160 shall govern.

(Ord. 1967-80 § 1 (6911.11), 1967)

18.62.130 - Zoning permit—Revocation.

Section 18.34.180 shall govern.

(Ord. 1967-80 § 1 (6911.12), 1967)