Kings County Zoning Code § 1606 Minor Revisions to Approved Site Plan Reviews

• A. Minor revisions to an approved Site Plan Review which has already been issued and do not significantly change the substance of the permit may be issued at the written request of the applicant to resolve or change information in the already approved zoning permit (i.e. assigning a new address to the facility if the access road location to the facility changes necessitating a new address, provided the change does not affect a State highway or the level of service of a County road).

• B. The decision as to whether the request for revision would require submission of a new Site Plan Review application is at the sole and absolute discretion of the Zoning Administrator. Revision requests by the applicant shall be accompanied by the fee set by the Board of Supervisors for “Site Plan Review Resubmittal”.

Sec. 1607. Zoning Clearance and Building Permit: The purpose of the zoning clearance approval process is to quickly determine compliance between a development project seeking a building or related permit with the provisions of this Code and the approved Site Plan Review or Conditional Use Permit. A zoning clearance is an “over-the-counter” review and approval of an application that is usually accomplished at the same time that a building permit application is submitted. The zoning clearance of the project is signified by a stamp placed on the building plans and initialed and dated by the Zoning Administrator or representative as noted below:

• A. Before a building permit shall be issued for any building or structure proposed as part of the approved site plan, the application is checked to ensure the final site plan is consistent with height, setback, parking, and other zoning standards or requirements for the specific zone district in which it is located and as specified in the SPR or CUP. The Zoning Administrator shall certify in writing that the proposed building location is in conformity with the site plan and requirements or conditions approved by the Zoning Administrator, Planning Commission or Board of Supervisors.

• B. Minor alterations to an approved site plan may be allowed and shall constitute not more than a 10% increase in area of a use/structure, or up to a 2,500 square foot increase in area of a use/structure, whichever is less.

  1. The Zoning Administrator may approve a minor alteration to an approved site plan, as defined above, when checking building plans for consistency to determine if they are substantially consistent with an approved zoning permit.

  2. For alterations of an approved site plan that are not substantially consistent with an approved zoning permit, the applicant will be required to submit an application for a new zoning permit.

• C. If an application is found to not be consistent with one or more zoning standards, the applicant will be required to modify the site plan and/or building plans or design in order to be consistent with the zoning requirements, or the application must be resubmitted as a Variance or other discretionary action.

• D. No unique conditions of approval or development standards may be attached to a zoning clearance, although standard conditions or development requirements may be attached.

• E. Before a building may be occupied, the Building Official shall certify that the site has been developed in conformity with the site plan, requirements and conditions approved by the Zoning Administrator, the Commission or the Board.