Kings County Zoning Code § 1209 Extension of a Change of Nonconforming Use

• A. A change in nonconforming use which has been granted may be extended for an additional period of 180 days provided that prior to the expiration of 180 days from the date when the permit originally became effective, an application for extension of the permit is filed with the county Planning Commission. An application for extension of a change of nonconforming use shall be filed and processed in the manner set forth in Section 1206 above which governs the filing and processing of applications for changes of nonconforming uses. The Commission may grant an application for extension of a change of nonconforming use if it is able to make the findings prerequisite to the granting of a change of nonconforming use application as prescribed and set forth in Section 1206., above. The application for extension of change of nonconforming use shall be denied if such findings cannot be made.

• B. Within eight days following the date of a decision of the Commission on an application for extension of a change of nonconforming use, the decision may be appealed to the Board of Supervisors. If no appeal is filed within said eight-day period and if the Board within said eight-day period does not initiate proceedings to review the decision of the Commission as provided in Section 1206.F.1, the decision of the Commission shall be final and conclusive.

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Pre-Existing Uses and Nonconforming Sites, Structures and Uses

Art. 12 Page 12 - 7

DEVELOPMENT CODE

Sec. 1210. Revocation of a Change of Nonconforming Use: When any applicable provision of this Development Code or when any condition or conditions of a change of nonconforming use have not been complied with, the Zoning Administrator shall notify the holder of the permit and shall give said person a reasonable period of time within which to comply with said Development Code or condition or conditions. If the holder of the permit fails to comply with the Development Code or with said condition or conditions within such period of time, the Zoning Administrator shall submit a report to the Planning Commission and the Commission shall on its own motion give written notice to the holder of the permit that a hearing will be held by the Commission on the matter of the revocation of the change of nonconforming use.

• A. Notice of said hearing shall be given not less than 10 days nor more than 30 days prior to the date of the hearing by either personal service of a copy of said notice on holder of the permit or by sending a copy of the notice by certified or registered mail, return receipt requested, to said holder of the permit. The notice shall state the reason or reasons why action is being taken for revocation of the permit.

• B. At said hearing the Commission shall hear all relevant testimony concerning the change of nonconforming use and the provisions of the Development Code which allegedly have not been complied with and the condition or conditions which were imposed. If the Commission finds that any of the applicable provisions of the Development Code have not been complied with or that the condition or any of the conditions imposed have not been complied with, then the change of nonconforming use shall be revoked.

• C. If the Commission revokes the nonconforming use:

  1. The use shall be automatically and immediately suspended.

  2. The holder of such permit may within eight days following the date of the decision of the Commission, appeal the decision to the Board of Supervisors.

  3. If an appeal is filed or if the Board initiates a review of the decision to revoke the permit, the suspension shall remain in effect during the course of appeal or review.

  4. If within said eight days, no appeal is filed and the Board does not initiate proceedings to review the decision of the Commission as provided in Section 1206.F.1, above, the decision of the Commission shall be final and conclusive.

• D. The appeal shall be filed with the clerk of the Board of Supervisors and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Commission or wherein the decision is not supported by the evidence in the record. Appeals must be based on evidence in the record.

• E. Within five days after the filing of an appeal, the Zoning Administrator shall transmit to the Clerk of the Board the change of nonconforming use application, the minutes of the public hearing on the application, if any, the report of the Zoning Administrator, the findings and decision of the Commission, the report of the Zoning Administrator on the failure of the appellant to comply with the provisions of the Development Code or with the condition or conditions of the permit, the minutes of the hearing on the matter of revocation and the findings and decision of the Commission on the matter of revocation of the use permit.

• F. Notice of the hearing of the appeal shall be given by the Clerk of the Board not less than 10 days prior to the time when the appeal will be considered by the Board, by mailing, postage prepaid, a notice of the time and place of the hearing, to the appellant.

Sec. 1211. New Application: Following the denial of a change of nonconforming use application or the revocation of a change of nonconforming use, no application for a permit for the same or substantially the same change of nonconforming use on the same or substantially the same site shall be filed within 12 months from the date of denial or revocation of the permit.

Pre-Existing Uses and Nonconforming Sites, Structures and Uses

Art. 12 Page 12 - 8

DEVELOPMENT CODE

Article 13. Off-Street Parking and Loading

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