Kings County Zoning Code § 1609 Change of Use and Change

A. If the change in operation within a structure or at a site constitutes a change of occupancy classification under the California Building Code, a new Site Plan Review/Conditional Use Permit shall be required regardless of the period of time which has passed since the previous permitted use has ceased operation.
B. A change in operation within a structure or at a site for the purposes of determining whether a new Site Plan Review or Conditional Use Permit is required shall be through a change of use/compliance inspection processed through the Building Division of the Community Development Agency. Each time that a use changes which has been previously permitted through a Conditional Use Permit or through a Site Plan Review, a change of use/compliance inspection shall be required to document the change in the permitted use, to determine whether or not a change of occupancy classification will occur and/or if a new zoning permit is required for the new use.
C. If the Community Development Agency determines that all of the conditions or requirements of the current zoning permit were not complied with or requirements contained in this Development Code have changed significantly, the Zoning Administrator, at his/her determination, may require a new zoning permit regardless of change of occupancy classification.

Sec. 1610. Discontinued or Abandoned Uses and Zoning Permits: The provisions of this article shall not require a new Site Plan Review or Conditional Use Permit for the change in operation within a structure or at a site for the same or similar activity unless the original activity has discontinued operations and vacated the site or abandoned the use for more than six months.

A. The Zoning Administrator’s interpretation of whether a new use or operation of an activity is the same or a similar use or activity is final unless modified by the Planning Commission or the Board of Supervisors.
B. Challenges to the Zoning Administrator’s interpretation as to whether a new use or operation of an activity is the same or similar as a previous use shall be submitted and processed as Conditional Use Permits.

Site Plan Reviews

Art. 16 Page 16 - 9

DEVELOPMENT CODE

Sec 1611. Revocation of a Site Plan Review: When any applicable provision of this Development Code or when any standard or requirement of a Site Plan Review has not been complied with, the Zoning Administrator shall notify the permit holder of the Site Plan Review and shall give said person(s) a reasonable period of time within which to comply with said Development Code or standard or requirement. If the permit holder fails to comply with the Development Code or with said standard or requirement within such period of time, the Zoning Administrator shall give written notice to the permit holder that a hearing will be held by the Planning Commission on the matter of the revocation of the Site Plan Review.

A. Written notice of the hearing shall be mailed or delivered to the permit holder not less than 10 days prior to the date of the hearing by either personal service of a copy of the notice on the permit holder or by sending a copy of the notice by certified or registered mail, return receipt requested, to the permit holder of the Site Plan Review. The notice shall state the reason or reasons why action is being taken for revocation of the Site Plan Review. Notice shall also be mailed to the property owner of the subject real property, if the property owner is not the permit holder.
B. At the hearing, the Planning Commission shall hear all relevant testimony concerning the Site Plan Review and the provisions of the Development Code which allegedly have not been complied with and the standards or requirements which were imposed. If the Commission finds that any of the applicable provisions of the Development Code have not been complied with or that any of the standards or requirements imposed have not been complied with, then the Site Plan Review shall be revoked.
C. If the Site Plan Review is revoked by the Commission, the permit holder may within eight days following the date of the decision of the Commission, appeal the decision to the Board of Supervisors. Upon the making of the decision by the Commission to revoke the Site Plan Review, the use permit shall be automatically suspended.
D. If an appeal is filed or if the Board initiates a review of the decision to revoke the Site Plan Review, the suspension shall remain in effect during the course of the appeal or review. If no appeal is filed within said eight day period as provided herein, and if the Board within said eight day period does not initiate proceedings to review the decision of the Commission as provided in Section 1605 of this Development Code the decision of the Planning Commission shall be final and conclusive.
E. The appeal shall be filed with the Community Development Agency who will date stamp the appeal form and then forward the original appeal form to the Clerk of the Board of Supervisors. The appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Planning Commission or wherein the decision is not supported by the evidence in the record. Appeals must be based on evidence in the record.
F. Within five days after the filing of an appeal, the Zoning Administrator shall transmit to the Clerk of the Board of Supervisors:
1. The Site Plan Review application.
2. The minutes of the public hearing on the application, if any.
3. The report of the Zoning Administrator.
4. The findings and decision of the Planning Commission on the Site Plan Review.

The report of the Zoning Administrator on the failure of the appellant to comply with the provisions of the Development Code or with the conditions or requirements of the Site Plan Review, the minutes of the hearing on the matter or revocation and the findings and decision of the Commission on the matter of revocation of the Site Plan Review.

G. Notice of the hearing of the appeal shall be given by the Clerk of the Board of supervisors not less than ten days prior to the time when the appeal will be considered by the Board of Supervisors, by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant.
H. Unless waived by the affected person(s), the hearing of the appeal shall be scheduled for the Board's first regular meeting after the filing of the appeal which allows noticing requirements to be met.

Site Plan Reviews

Art. 16 Page 16 - 10

DEVELOPMENT CODE