Kings County Zoning Code § 1717 New Application

• A. Following the denial of a Conditional Use Permit application or the revocation of a Conditional Use Permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within 12 months from the date of denial or revocation of the use permit.

• B. A new use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of this Development Code if the structure is destroyed by fire or other calamity or by act of God or by public enemy to a greater extent than 50 percent.

Planning Commission Actions & Conditional Use Permits

Art. 17 Page 17 - 8

DEVELOPMENT CODE

Article 18. Variances

Sections:

Sec. 1801 - Purpose and Objectives Sec. 1802 - Authority of Zoning Administrator Sec. 1803 - Variance Application and Fee Sec. 1804 - Investigation and Report Sec. 1805 - Public Hearing Notice Sec. 1806 - Public Hearing Procedure

Sec. 1807 - Action of Zoning Administrator

Sec. 1808 - Appeals of Zoning Administrator and Planning Commission Sec. 1809 - Zoning Clearance and Building Permit

Sec. 1810 - Lapse of Variance Sec. 1811 - Extension o f Variance

Sec. 1812 - Revocation of a Variance Sec. 1813 - Action of the Board of Supervisors Sec. 1814 - New Application

Sec. 1801. Purpose and Objectives: The Zoning Administrator is empowered to grant Variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the Development Code as would result from a strict or literal interpretation and enforcement of certain of the regulations prescribed by this Development Code. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon from geographic, topographic or other physical conditions on the site or in the immediate vicinity, or from population densities, street locations or traffic conditions in the immediate vicinity. The power to grant Variances does not extend to use regulations because of the flexibility necessary to avoid results inconsistent with the objectives of the Development Code is provided by the conditional use provisions of this Development Code.

Sec. 1802. Authority of Zoning Administrator: The Zoning Administrator may grant Variances to the regulations prescribed by this Development Code with respect to fences and walls, site area, width, frontage, depth, coverage, front yard, rear yard, side yards, height of structures, distance between structures, off-street parking, parking facilities and off-street loading facilities, in compliance with the procedures prescribed in this article.