Kings County Zoning Code § 1715 Lapse and Extension

A. A Conditional Use Permit shall lapse and shall become void 12 months following the date on which the use permit became effective unless by conditions of the use permit a greater or lesser time as prescribed in Section 1707 of this article, or unless prior to the expiration of the 12 month period or other specified greater or lesser period of time, a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion on the site which was the subject of the conditional use application, or commencement of the activity if a building permit is not required. In the case of a new or expanding dairy, a three year period may be granted if requested by the applicant at the time of

Planning Commission Actions & Conditional Use Permits

Art. 17 Page 17 - 7

DEVELOPMENT CODE

application due to the length of time necessary for the applicant to obtain required permits from the California Regional Water Quality Control Board and the San Joaquin Valley Air Pollution Control District.

B. A Conditional Use Permit which has been granted may be extended for additional periods of time provided that prior to expiration of the original time period granted or any extension thereof, an application for extension of the Conditional Use Permit is filed with the Planning Commission. An application for extension of a Conditional Use Permit shall be filed and processed as an application for a Conditional Use Permit.
C. The Planning Commission may grant an extension of a conditional use if it 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 Article. The application for an extension of a conditional use permit shall be denied if such findings cannot be made.
D. Within eight days following the date of a decision of the Planning Commission on an application for extension of a conditional 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 of Supervisors within said eight-day period does not initiate proceedings to review the decision of the Commission as provided herein, the decision of the Commission shall be final and conclusive.

Sec. 1716. Revocation of a Conditional Use Permit: When any applicable provision of this Development Code or when any condition or requirement of a Conditional Use Permit has not been complied with, the Zoning Administrator shall notify the permit holder of the Conditional Use Permit and shall give said person(s) a reasonable period of time within which to comply with said Development Code or condition or requirement. If the permit holder fails to comply with the Development Code or with said condition 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 Conditional Use Permit.

A. Notice of said hearing shall be given not less than 10 days prior to the date of the hearing by either personal service of a copy of said notice on permit holder or by sending a copy of the notice by certified or registered mail, return receipt requested, to said permit holder. The notice shall state the reason or reasons why action is being taken for revocation of the permit.
B. At said hearing, the Planning Commission shall hear all relevant testimony concerning the Conditional Use Permit and the provisions of the Development Code which allegedly have not been complied with and the conditions 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 conditions or requirements imposed have not been complied with, then the Conditional Use Permit shall be revoked.
C. If the Conditional Use Permit is revoked by the Planning 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.
D. Upon the making of the decision by the Planning Commission to revoke the Conditional Use Permit, said use permit shall be automatically suspended. If an appeal is filed or if the Board of Supervisors initiates a review of the decision to revoke the use permit the suspension shall remain in effect during the course of the appeal or review. If, within said eight day period, no appeal is filed, and if the Board within said eight day period does not initiate proceedings to review the decision of the Commission as provided in Section 1709 of this Article, the decision of the Commission shall be final and conclusive.