Kings County Zoning Code § 1803 Variance Application and Fee

• A. Application for a Variance shall be made to the Zoning Administrator on the “Application for Variance” form, available on-line at www.countyofkings.com/planning or from the Community Development Agency, and shall include the following data:

  1. Applicant Certification : Name, address, phone numbers, and signature of the applicant. Signatures shall be notarized when filing is done by mail or otherwise not witnessed by a representative of the Community Development Agency (“Planning Division”).

  2. Property Owner Certification : If the applicant is not the property owner or an agency with the power of eminent domain, the property owner(s) as shown on the latest equalized assessment roll must provide their name(s), address(es), phone number(s) and signature(s) indicating that the applicant is authorized to make an application on that property. The owner’s signature(s) shall be notarized when filing is done by mail or otherwise not witnessed by a representative of the Planning Division.

  3. A public utility company or other agency with powers of eminent domain may make an application without the

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Variances

DEVELOPMENT CODE

owner’s authorization.

4. General Parcel Information: Site address and the Assessor's Parcel Number (APN) of the property.

5. Statement of the precise nature of the Variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code which would result from a strict or literal interpretation and enforcement of a specified regulation of this Development Code, together with any other data pertinent to the findings prerequisite to the granting of a Variance prescribed in Section 1807 below.

• B. The application shall be accompanied by an accurate scale drawing of the site and any adjacent property affected, showing all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.

• C. Application fees:

  1. The application shall be accompanied by a fee set by resolution of the Board of Supervisors sufficient to cover the cost of handling the application as prescribed in this article.

  2. If, pursuant to Section 112 of Article 1, the County determines that a project may incur extraordinary costs, the County may require the applicant to reimburse the County for extraordinary costs associated with processing such permits and entitlements and/or to indemnify the County from legal challenges to its action.

Sec. 1804. Investigation and Report: The Zoning Administrator shall make an investigation of the application and shall prepare a report thereon which shall be sent to the applicant. The Zoning Administrator’s investigation shall include documentation of the results of consultation with representatives of the following agencies as appropriate:

Kings County Public Works Department

Kings County Building Official/Code Compliance Division

Kings County Environmental Health Division

Kings County Fire Department

Kings County Assessor

Sec. 1805. Public Hearing Notice: The Zoning Administrator shall hold a public hearing on an application for a Variance. Such hearing shall be held within 45 days of the date when the application is complete. Notice of the hearing shall be given as set forth in Article 19, Section 1903 of this Development Code.

Sec. 1806. Public Hearing Procedure: At a public hearing, the Zoning Administrator shall review the application and the statements and drawing submitted therewith and shall receive pertinent evidence concerning the Variance, particularly with respect to the findings prescribed in Section 1807 below.