Kern County Municipal Code Art. I General Provisions

The purpose of this chapter is to establish review and approval procedures for ministerial and discretionary permits provided for by this title. Application contents and development standards and conditions for the approval of permits are contained in the appropriate chapters of this title.

(Prior code § 7284.01)

Development standards and conditions required in conjunction with the approval of a ministerial or discretionary permit shall be satisfied or bonded for prior to the final inspection of any related structure for which a building permit is required, except as otherwise specified by the applicable development standards and conditions. Where no building permits are required in conjunction with a use authorized by a ministerial or discretionary permit, all development standards and conditions shall be satisfied or bonded for prior to the commencement of said use, except as otherwise specified by the applicable development standards and conditions.

(Ord. G-5346 § 102, 1990)

Any permit, conditional use permit, variance or zone modification issued pursuant to this chapter may be modified or revoked by the official or decision-making body that originally approved the permit by the same procedure under which the permit was issued for any of the following causes:

A. That any term or condition of the permit, conditional use permit, variance or zone modification has not been complied with;

B. That the property or portion thereof subject to the permit, conditional use permit, variance or zone modification is used or maintained in violation of any statute, ordinance, law or regulation;

C. That the use for which the permit, conditional use permit, variance or zone modification was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance;

D. That changes in technology or in the type or amount of development in the vicinity of the use or other good cause warrants modification of the conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located.

(Prior code § 7284.06)

Any action or proceeding to attach, review, set aside, void or annul any decision made pursuant to this chapter, or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within thirty (30) days after the date of the decision and the legislative body is served within sixty (60) days after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of that decision or of these proceedings, acts or determinations.

(Prior code § 7284.07)