Kings County Zoning Code § 1712 Action by the Board

A. When a decision of the Planning Commission on a conditional use application or an application for extension of time for a Conditional Use Permit, or on the revocation of a conditional use is brought before the Board of Supervisors, either on appeal or on its own motion:
1. The Board may affirm, reverse or modify the decision of the Commission.
2. The Board may not reverse or modify a decision of the Commission granting or denying an application for a conditional use or an application for a extension of a conditional use unless the Board, on the basis of the record transmitted by the Planning Division of the Community Development Agency, is able to make the findings prerequisite to the granting of a Conditional Use Permit as prescribed and set forth in Section 1707 of this Development Code.
B. If the Board grants and approves a conditional use application or an application for extension of a conditional use which has been the subject of an appeal to the Board of Supervisors or which has been the subject of review by the Board the Conditional Use Permit or extension shall become effective three days after the date of the Board’s approval.
C. The revocation of a conditional use which has been the subject of an appeal to the Board of Supervisors or which has been the subject of review by the Board shall become effective three days after the decision of the Board to revoke the conditional use.
D. The decision of the Board shall be final and effective on the day of action, unless otherwise required by state law.
E. The Clerk of the Board of Supervisors shall within three days after the date of the decision of the Board, give written notice of the decision, by mail, to the applicant and/or appellant (if the applicant is not the appellant) and to the Planning Division of the Community Development Agency.

Sec. 1713. Time Limit for Development: The Planning Commission or the Board of Supervisors may establish a time limit within which the subject property and use or any stage or phase thereof shall be commenced and completed. The time limits set by the Commission or the Board shall be reasonable, based on the size, nature and complexity of the proposed development. Said time limit may be extended by the Board for good cause when the applicant presents proof of an unusual hardship not of his or her own making or if the applicant presents evidence that the extension will not pose any detriment to the health, safety, or welfare of the general public.

Sec. 1714. Zoning Clearance and Building Permit: Before a building permit shall be issued for any building or structure proposed as part of the approved conditional use application, the Zoning Administrator shall certify, through the zoning clearance process in Section 1607 of this Development Code, that the building location is in conformity with the site plan and conditions approved by the Zoning Administrator, the Commission or the Board.