Sec. 113. Use Permits Administration, Applications, and Fees

• A. Types of Uses : When trying to determine what can be done with a property, an individual should first view the zoning map to identify the property’s zoning, and then read the text of the Development Code to identify allowed uses and other pertinent regulations. The Community Development Agency staff is available to help the public understand what is permitted or allowed in various zoning districts.

  1. Permitted Uses: Permitted uses are allowed as a matter of right in all locations in a zoning district and while they do not require a use permit from the Zoning Administrator they may require the issuance of a building permit or permits from another agency. Permitted Uses, if allowed, are listed in each particular zoning district in this Development Code.

  2. Temporary Uses: Uses of a temporary or short term nature where the processing of a formal land use permit is impractical may be permitted through a Temporary Use Permit (TUP). Temporary Use Permits are available “overthe-counter” at the Community Development Agency. See Article 11 for additional information concerning TUP’s and individual zoning district Articles to determine where certain temporary uses are permitted.

  3. Site Plan Review (SPR): New or expanding uses requiring Site Plan Review require the submission of a proposal from the applicant or property owner which provides the information required to allow Community Development Agency staff to prepare the use permit and the Zoning Administrator to approve the use. Site Plan Reviews are ministerial in nature and approval of the use permit must be granted if the project complies with general standards for the zoning district, any overlay district or design standards, and related building or construction codes. If the permitted uses in the Development Code do not allow the use sought by landowners, they may seek special review of the

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situation through a Conditional Use Permit (CUP), Variance or zoning amendment. Submission guidelines for Site Plan Reviews are contained in Article 16 of this Development Code.

4. Conditional Use Permits (CUP): Conditional uses are also listed in the Development Code for each district and may be allowed if they meet the standards listed in the Development Code and are consistent with the General Plan. Generally, they must be compatible with neighboring land uses, tailored to meet the limitations of the site, and not in violation of the objectives of the Development Code. Conditional uses are decided by the Planning Commission. Submission guidelines for conditional uses are contained in Article 17 of this Development Code.

listed in the Development Code and are consistent with the General Plan. Generally, they must be compatible with neighboring land uses, tailored to meet the limitations of the site, and not in violation of the objectives of the Development Code. Conditional uses are decided by the Planning Commission. Submission guidelines for conditional uses are contained in Article 17 of this Development Code.

5. Variances: A zoning Variance authorizes a landowner to use a property in a manner that is not permitted by the Development Code. Variances come in two types: use Variances and area Variances. Use Variances, which are rarely granted to avoid undermining the purposes of the Development Code, allow a landowner to use a property in a manner that is not allowed by the Development Code. Area Variances, which are more common, allow a property owner to violate a dimensional requirement, such as a building setback or height limitation. The Zoning Administrator determines whether to grant a Variance request based on the criteria outlined in state statutes and local ordinances. Submission guidelines for Variances are contained in Article 18 of this Development Code.

6. Nonconforming Uses: A nonconforming use is one which existed lawfully prior to the adoption or amendment of a Zoning Ordinance or Development Code, but does not comply with present zoning provisions. California law generally protects existing legal nonconforming principal uses of buildings, structures, premises or fixtures if they continue unchanged. Article 12 of this Development Code provides additional details concerning alterations and certain changes allowed to nonconforming uses.

7. Prohibited Uses: Any use specifically prohibited either by state or federal law shall be prohibited. Except as provided in Section 107.C of this Code, any use not specifically listed in the zoning district’s Table of Land Use Regulations are prohibited. The Zoning Administrator’s interpretation of the meaning of the uses listed in this Development Code is final unless modified by the Planning Commission or Board of Supervisors. Challenges to the Zoning Administrator’s interpretation shall be processed as an application for a Conditional Use Permit.

use not specifically listed in the zoning district’s Table of Land Use Regulations are prohibited. The Zoning Administrator’s interpretation of the meaning of the uses listed in this Development Code is final unless modified by the Planning Commission or Board of Supervisors. Challenges to the Zoning Administrator’s interpretation shall be processed as an application for a Conditional Use Permit.

8. Land Uses Involving Marijuana and Cannabis Activities: Marijuana cooperatives, collectives, and any other forms of marijuana distribution or other cannabis activity are forbidden in all zones in the county as set forth in Chapter 14, Article V of the Kings County Code of Ordinances, which is incorporated herein by reference. As used herein, “cannabis activity” includes, but is not limited to, the following activities: cultivation, processing, manufacture, distribution, dispensing, delivery (including mobile delivery), testing, donation, possession, and use of marijuana. If at any time in the future prohibitions of the Controlled Substances Act and the Kings County Ordinance Code relating to marijuana are repealed, cooperatives, collectives, and any other form of marijuana distribution or commercial marijuana activity shall be allowed only in zones designated for such use by subsequent amendment to this Development Code, and only as a conditional use subject to the requirements of this Development Code for a conditional use permit, as well as any other restrictions that the County may impose.

(Ord. No. 668-2-16, §1, 1/26/16) (Ord. No. 668-1-17, §3, 3/28/17)

• B. Use Permit Requirements : A new zoning permit or land use permit is generally required:

  1. Before a new use which is listed as requiring “Site Plan Review” or “Conditional Use Permit” in the particular zoning district is to be established on a property within that zoning district.

  2. Before an existing use on the property which already has a land use permit is to be expanded in any manner.

  3. Prior to a change in operation within a structure or at a site which constitutes a change of occupancy classification under the California Building Code.

• C. Application Types and Forms : The following types of zoning permit or amendment applications must be submitted to the Zoning Administrator or the Planning Commission on the appropriate form located in Appendix A1 of this Development Code as shown below:

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1. Temporary Use Permits (TUP), See Article 11, Section 1107 of this Development Code.

2. Site Plan Review (SPR), see Article 16, Section 1602 of this Development Code.

3. Conditional Use Permit (CUP), see Article 17, Section 1703 of this Development Code.

4. Variances, see Article 18, Section 1803 of this Development Code.

5. Planned Unit Developments (PUD), see Article 20, Section 2006 of this Development Code.

6. Changes of Zoning District Boundary and Development Code Text Amendments, see Article 21, Sections 2102 and 2103 of this Development Code.

D. Application and Filing Fees.

1. Any application for a use permit, Variance or amendment authorized by this Development Code shall be accompanied by a fee set by the Board of Supervisors sufficient to cover the cost of processing the application as described in this Article. In the case of an appeal, the Board may, but is not required to, refund the appeal filing fee if the Board determines that the appeal has merit due to their finding that an error was made in the record that was not the fault of the appellant.

   2. In compliance with Section 112 above, the County may require the applicant for any permit or entitlement pursuant to this Development code to reimburse the County for extraordinary costs associated with processing such permits and entitlements and/or to indemnify the County from legal challenges to its action.

• E. Permits to Run with the Land: All use permits granted in compliance with the provisions of this Development Code shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the permit application unless the use is abandoned or discontinued for a period of time exceeding six months. All applicable requirements or conditions of approval shall continue to apply after a change in property ownership.

• F. Referencing Applications and Use Permits: The Zoning Administrator shall assign a unique application number to each application for all Conditional Use Permits, Planned Unit Developments, Site Plan Reviews, Variances, and amendments and shall maintain a record of all such applications indicating the location of the site and the use by address or some other unique identifier. The unique application number shall also be the reference number of the permit or entitlement approval pursuant to that application.