Before issuing a building permit, the building inspector shall require that the proposal be approved as to zoning by the planning commission. "Approved as to zoning" means an official notation by the planning commission or authorized deputy, upon a building permit or license, certifying that the proposed building or use is in conformance with the regulations of this title, subject to the conditions, if any, included in the notation.
(Ord. 943 § 4, 1994)
Whenever there is doubt as to the district classification of a use not listed in this title, the planning commission department shall make such investigations as are necessary to compare the characteristics of the use in question with those of the listed uses in the various districts. If the use is found to be, in all essentials pertinent to the intent of this title, of the same character as a permitted, or as a conditional use in any district or districts, the department shall so determine. The determination shall be a public record and the planning commission shall be informed of such determination.
(Ord. 943 § 4, 1994)
Any interested person alleging error in any order, requirement or determination made by any employee of the county in the administration of this title may appeal in writing to the planning commission within fifteen calendar days of the date thereof. The decision of the planning commission in such matters shall be final unless a notice of appeal to the county board of supervisors is filed within fifteen calendar days after the date of such decision. Such appeal is subject to an application fee payable to the clerk of the board.
(Ord. 943 § 4, 1994)
Upon application in proper form, the terms of this title may be modified, and such variances granted as will not be contrary to its general intent or the public interest, where due to special conditions or exceptional characteristics of the property or its location or surroundings, a literal enforcement would result in practical difficulties or unnecessary hardships.
(Ord. 943 § 4, 1994)
The planning commission shall receive, consider and take action upon every application which is concurrent with an application for a conditional use on the same property, and upon all other variances where a public hearing is required.
(Ord. 943 § 4, 1994)
A variance shall be granted, in whole or in part, only upon affirmative findings as hereinafter set forth, and otherwise it shall be denied. The following findings are required:
A. 
That there are exceptional circumstances applicable to the property involved, or to the intended use, which do not generally apply to other property in the same district;
B. 
That the result would not be detrimental to the public welfare, or injurious to property in the vicinity;
C. 
That the strict application of the regulation sought to be modified would result in practical difficulties or hardships inconsistent with, and not necessary for the attainment of, the general purpose of this title.
(Ord. 943 § 4, 1994)
In granting any variance, the character and extent thereof shall be specified, and the variance shall be made subject to such written conditions as may be necessary to secure the intent of the grant. A variance may be made valid only for a specified term. Unless a different period of time is specified, the authorization of any variance shall lapse and be void unless the variance has been used within one year after the date of its approval. Once any portion of a variance is utilized, all of its conditions and limitations shall be operative, and the violation of any part shall constitute a violation of the variance and this title. The planning commission may, without a hearing, extend the life of any variance issued for one year, for an additional year only, upon application filed before the expiration of the first year.
(Ord. 943 § 4, 1994)
The order granting or denying a variance shall become effective ten days after the date of the order, unless a written notice of appeal is filed within such period of fifteen days.
(Ord. 943 § 4, 1994)
Certain uses, referred to in this title as conditional uses, are declared to possess characteristics which require special appraisal by the planning commission in each instance, to determine whether or not the use is necessary or desirable and will be properly related to other uses and to transportation and service facilities in the vicinity, and whether or not the use would, under all the circumstances of the particular case, affect adversely the health or safety of persons living or working in the vicinity or be materially detrimental to the public welfare.
(Ord. 943 § 4, 1994)
Any use of property which is listed as or specified in this title to be a conditional use shall be approved or disapproved as to zoning only upon filing an application in proper form and in accordance with the procedure hereinafter set forth.
(Ord. 943 § 4, 1994)
The planning commission shall receive, hear and decide every application for a conditional use, and after the hearing may authorize approval as to zoning if it finds that the use is properly located as specified and otherwise it shall disapprove the same. Notice of the hearing shall be given pursuant to the requirements for hearings.
(Ord. 943 § 4, 1994)
A. 
The approval of a conditional use may be made valid only for a specified term. The approval may be made contingent upon the written acceptance and continued observance of specified conditions, including, but not limited to, any of the following:
1. 
Substantial conformity to approved plans and drawings;
2. 
Time period within which the use authorized shall be brought into existence, failing which the approval shall lapse and be void;
3. 
Guarantees as to compliance with the terms of approval;
4. 
Dedication of and improvement of streets and other public facilities;
5. 
Special yards, planting, fences or walls;
6. 
Limitations on signs;
7. 
Limitations as to the time of day during which specified activities may be conducted.
B. 
Once a conditional use is established, all of the conditions specified in the approval shall become operative, and the violation of any of them shall constitute a violation of this title.
(Ord. 943 § 4, 1994)
Unless a different period of time is specified among the conditions of approval, the authorization of a conditional use shall lapse and be void unless the use is established or construction necessary and incident to its establishment is started within one year of the date of its approval. Once any portion of the conditional use is utilized, all of its conditions and limitations shall be operative, and the violation of any part shall constitute a violation of the conditional use permit and this title. The planning commission may, without a hearing, extend the life of any conditional use permit for additional one-year periods upon application filed prior to expiration of the permit. In the event approval of a conditional use permit is conditioned upon the filing of a map pursuant to Title 16 of this code (the Inyo County subdivision ordinance), the expiration date of the use permit shall be concurrent with that of the map.
(Ord. 943 § 4, 1994)
The planning commission director shall establish the form and scope of all applications and appeals required by this title, and may specify the accompanying data to be furnished to assure the proper consideration of the matter involved and for the permanent record.
(Ord. 943 § 4, 1994)
Every such application shall include a verification by at least one owner of the property affected by the holder of a contract to purchase the same or by a duly authorized agent, attesting to the truth and correctness of all the facts and drawings presented.
(Ord. 943 § 4, 1994)
No application shall be accepted unless it is in full compliance with all requirements of this title and accompanied by filing fees as established in Chapter 3.60, planning department service fee schedule. No part of any required fee shall be returnable and every such fee shall be deposited with the county treasurer.
(Ord. 943 § 4, 1994)
Applications for conditional use permits, variances or zone reclassifications, for a use or uses which are presently illegally in operation or under construction, shall require a fee of double the amount normally charged for the application.
(Ord. 943 § 4, 1994)
The requirements of a fee to accompany an application or an appeal may be waived in the following cases:
A. 
When the application or appeal is filed by a public agency of the county, a city or of the state or the federal government, subject to determination by the planning commission or board of supervisors.
B. 
When the application is for a variance to permit the relocation of a building on the same lot, if such relocation is necessary solely because of the condemnation for a public use or the sale to a public agency of a portion of such lot.
(Ord. 943 § 4, 1994)
No application for a variance, a conditional use, or a change in the district boundaries which has been denied shall be resubmitted within one year from the date of the final order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the planning commission.
(Ord. 943 § 4, 1994)
Every application upon which a public hearing is required by this title shall be accompanied by a verified list of the names and addresses of the owners of all property within three hundred feet of the exterior boundaries of the property affected as shown on the last adopted tax role of the county.
(Ord. 943 § 4, 1994)
Upon receipt in proper form of any application filed pursuant to this title upon which a public hearing is required, the date for such public hearing shall be set by the planning department. Notice shall be given to the time and place of such public hearing by at least one publication in a newspaper of general circulation in the county. The applicant, and the appellant in the case of appeal, shall be notified in writing of the time and place of the hearing.
(Ord. 943 § 4, 1994)
When the public hearing is held on an application for a conditional use or for the proposed reclassification of any property by a change in the zoning map, notice of the time and place of the hearing shall be given not less than ten days prior to the date thereof, by mailing such notice to all the persons whose names and addresses appear on the list of property owners submitted, and further notice as provided by law.
(Ord. 943 § 4, 1994)
Any failure to give notice as required by this title or any irregularity in connection therewith or in any procedure required by this title shall not invalidate the proceedings if there shall have been compliance with minimum requirements of California state law.
(Ord. 943 § 4, 1994)
At any public hearing held pursuant to this title, the planning commission may order the hearing to be continued by publicly announcing the time and place of continuance, and no further notice thereof shall be required.
(Ord. 943 § 4, 1994)
An appeal may be taken to the county planning commission as a result of a planning department decision, or to the county board of supervisors within fifteen calendar days as a result of a planning commission decision after the date of action by either the planning department or the planning commission on any application filed pursuant to this title. The appeal may be taken by any person aggrieved, or by any public officer, board or agency affected, by filing with the county clerk a written notice specifying the grounds for the appeal. Any member of the county supervisors may within the same period call for a review of any such action by notice to the county clerk and such notice shall have the same effect as an appeal, but shall require no fee. Filing of an appeal shall stay all proceedings in furtherance of the action appealed.
(Ord. 943 § 4, 1994)
Upon notice by the county clerk that an appeal has been filed, the planning commission shall make available for the board of supervisors all documents constituting the record upon which the action appealed was taken. The commission shall be represented at the hearing on the appeal, in order to make known the reasons for its decision.
(Ord. 943 § 4, 1994)
The county planning commission or board of supervisors shall give notice of the time and place at which the hearing will be held on any appeal filed pursuant to this title to the applicant, to the appellant, to the planning commission and to any other person requesting such notice and depositing with the county clerk a self-addressed, stamped envelope for that purpose, in addition to the requirements of state law. Any such public hearing will be subject to public notification as defined by Sections 18.81.230 through 18.81.260, inclusive, of this chapter.
(Ord. 943 § 4, 1994)
The planning commission or board of supervisors, at the conclusion of the hearing on any appeal filed pursuant to this title, may sustain, modify or overrule the action of the planning director or planning commission in the matter, or may refer any such matter back to the planning director or planning commission. The final order of the board of supervisors on any such appeal shall be effective forthwith.
(Ord. 943 § 4, 1994)
Whenever the county board of supervisors deems it to be for the public interest, this title may be amended by changing the boundaries of the districts or by changing any of its provisions.
(Ord. 943 § 4, 1994)
An amendment may be initiated by a resolution of the county board of supervisors or of the planning commission, or, in the case of a change in the district boundaries, by an application of one or more property owners.
(Ord. 943 § 4, 1994)
Upon passage of a resolution or upon receipt of an application in proper form for a change in district boundaries, the proposal shall be set for public hearing before the planning commission. Notice of the time and place of the hearing shall be given as required by the law of the state. The notice shall make known the nature and the extent of the proposed amendment.
(Ord. 943 § 4, 1994)
Upon receipt of the report of the planning commission on a proposed amendment, the board shall set the matter for public hearing after notice thereof is given as required by law. After the conclusion of the hearing, the board may adopt the amendment proposed, or any part thereof, in such form as the board may deem to be in the public interest.
(Ord. 943 § 4, 1994)
It is the duty of the county planning commission to assure the proper administration of this title, and the commission shall have the power to establish such policies, rules and regulations not in conflict with the state law as are necessary for that purpose.
(Ord. 943 § 4, 1994)
Upon written complaint, the planning director shall process violations as specified in Title 22. It is the direction of the board that the enforcement philosophy for this title shall be to achieve voluntary compliance from the property owner(s) as the primary objective. Although "letter of the law" enforcement may become necessary from time to time, the board prefers that a commitment to the "intent of the law" be the prevailing zoning enforcement posture in the county.
(Ord. 943 § 4, 1994; Ord. 1192 § 18, 2015)
The "Zoning Map of the County of Inyo" referred to in Section 18.03.070 is adopted and is incorporated by reference in this title and it assumes full force and effect on May 20, 1970.
(Ord. 943 § 4, 1994; Ord. 1128 § 9, 2007)