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Kern County Unincorporated
City Zoning Code

CHAPTER 19

104 - CONDITIONAL USE PERMITS

19.104.010 - Purpose and application.

The purpose of this chapter is to establish procedures and general standards for the review and approval of conditional use permits authorized by various sections of this title. Whenever a use is listed in any section of this title as a use permitted subject to securing a conditional use permit, it shall be approved only if it is consistent with the county general plan and meets all requirements of this title and subject to any conditions deemed appropriate by the decision-making authority.

(Prior code § 7286.01)

19.104.020 - Application contents.

An application for a conditional use permit shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of the property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

A site development plan drawn at the scale specified by the planning director, which includes the following information:

1.

Location of all existing buildings, structures and improvements on the property,

2.

Location of all proposed buildings, structures and improvements on the property,

3.

Existing and proposed streets and highways bordering and within the boundaries of the property,

4.

Location of existing and proposed parking areas,

5.

Proposed landscaping,

6.

North arrow;

F.

Elevations of proposed buildings or structures related to the conditional use permit;

G.

A narrative description of the proposed use or development including:

1.

Description of the nature of the proposed use or development,

2.

Identification of the applicable zoning district or districts and the section of this chapter under which the conditional use permit is requested,

3.

Reasons which the applicant feels justify the granting of the conditional use permit;

H.

Signatures or letter of consent from all property owners unless county initiated.

(Ord. G-6077 § 359, 1994; Ord. G-4832 § 178, 1988; Prior code § 7286.02)

19.104.030 - Review and approval procedures.

The application for a conditional use permit shall be reviewed and approved, conditionally approved, or denied by the decision-making authority in accordance with the procedures set out in Chapter 19.102 of this title. The time periods for approval or disapproval of an application for approval of a conditional use permit for any adult entertainment, adult bookstore, or adult movie theater business shall be as contained in Government Code Section 65950.

(Ord. G-5685 § 5, 1991: Prior code § 7286.03)

19.104.040 - Basis for approval.

The decision-making authority may approve or conditionally approve an application for a conditional use permit if it finds all of the following:

A.

The proposed use is consistent with the goals and policies of the applicable general or specific plan.

B.

The proposed use is consistent with the purpose of the applicable district or districts.

C.

The proposed use is listed as a use subject to a conditional use permit in the applicable zoning district or districts or a use determined to be similar to a listed conditional use in accordance with the procedures set out in Sections 19.08.030 through 19.08.080 of this title.

D.

The proposed use meets the minimum requirements of this title applicable to the use.

E.

The proposed use will not be materially detrimental to the health, safety and welfare of the public or to property and residents in the vicinity.

(Ord. G-6864 § 88, 2002; Ord. G-6551 § 120, 1998: Prior code § 7286.04)

19.104.050 - Terms and conditions.

A.

Any conditional use permit may include such terms and conditions deemed appropriate or necessary by the decision-making authority to make the findings specified in Section 19.104.040 of this chapter. If no terms or conditions are specified, the use permit shall be considered unconditional and valid for an indefinite period.

B.

If the development for which a conditional use permit has been approved pursuant to this article has not commenced, or permits for such development have not been issued, within one (1) year of the granting of the use permit or if the conditional use permit has been unused, abandoned, discontinued or has ceased for a period of one (1) year, the use permit shall become null and void and of no effect, unless an extension has been granted by the decision-making authority upon written request for an extension before the expiration of the one (1) year period. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.

C.

All conditions of approval shall be final, and a request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless such conditions are appealed pursuant to Section 19.102.170 of this title.

(Ord. G-5684 § 108, 109, 1991; Ord. G-4832 § 179, 1988; Prior code § 7286.05)

19.104.060 - Permit revocation and modification.

Any conditional use permit issued pursuant to this chapter may be revoked or modified pursuant to Section 19.102.020 of this title.

(Prior code § 7286.06)