Zoning Affidavit Form. This is a California form and can be use in Department Of Alcoholic Beverage Control Statewide.
Tags: Zoning Affidavit, ABC-255, California Statewide, Department Of Alcoholic Beverage Control
Department of Alcoholic Beverage Control ZONING AFFIDAVIT1.APPLICANT(S) NAME (Last, first, middle) 2.PREMISES ADDRESS (Street number and name, city, zip code) 3.PARCEL NUMBER OF PROPERTY (Obtain fromCounty Assessor's Office)4.TYPE OF LICENSE APPLIED FOR5.UPGRADE OF LICENSED PRIVILEGES6.CURRENT LICENSE TYPE AT THIS LOCATION, IF ANYYesNo7.TYPE OF BUSINESS (i.e., restaurant, mini-mart, gas station, etc.)8.ARE THE PREMISES INSIDE THE CITY LIMITS?YesNo9.HOW ARE APPLICANT PREMISES ZONED? STATE TYPE (i.e., "C" commercial, "R" residential, etc.)10.DOES ZONING PERMIT INTENDED USE?11.IS A CONDITIONAL USE PERMIT (C.U.P.) NEEDED?12.IF YES, DATE YOU FILED APPLICATION FOR C.U.P.(If yes, please attach copy of receipt or C.U.P.)YesNoYesNo13.NAME OF PLANNER CONTACTED AT PLANNING DEPARTMENT14.PLANNER'S PHONE NUMBER15.APPLICANT'S SIGNATURE (One signature will suffice)16.DATE SIGNEDFOR DEPARTMENT USE ONLYIF APPROVED, EFFECTIVE DATEFILE NUMBERC.U.P. ApprovedDATE DENIEDC.U.P. DeniedGENERAL INFORMATIONABC-255 (rev. 01/1) State of California Gavin Newsom, Governor Under the penalty of perjury, I declare the information in this affidavit is true to the best of my 225Section 23790 of the Business and Professions Code says that ABC may not issue a retail license contrary to a valid zoning ordinance. This form will help us determine whether your proposed business is properly zoned for alcoholic beverage sales. 225A conditional use permit (CUP) (Item 11) is a specialzoning permit granted after an individual review of proposedland-use has been made. CUP's are used in situations wherethe proposed use may create hardships or hazards toneighbors and other community members who are likely tobe affected by the proposed use. The ABC district office willnot make a final recommendation on your license applicationuntil after the local CUP review process has been completed.If the local government denies the CUP, ABC must denyyour license application. 23790. Zoning ordinances. No retail license shall be issued for any premises which are located in any territory where the exercise of the rights and privileges conferred by the license is contrary to a valid zoning ordinance of any county or city. Premises which had been used in the exercise of those rights and privileges at a time prior to the effective date of the zoning ordinance may continue operation under the following conditions: (a)The premises retain the same type of retail liquorlicense within a license classification.(b)The licensed premises are operated continuouslywithout substantial change in mode or character ofoperation.For purposes of this subdivision, a break incontinuous operation does not include:(1)A closure for not more than 30 days for purposesof repair, if that repair does not change the nature ofthe licensed premises and does not increase the squarefootage of the business used for the sale of alcoholicbeverages.(2)The closure for restoration of premises renderedtotally or partially inaccessible by an act of God or atoxic accident, if the restoration does not increase thesquare footage of the business used for the sale ofalcoholic beverages. For answers to Questions 8 - 14, contact your local city OR county planning department (if inside the city limits, contact city planning; if outside, contact county planning. Instructions to the Applicant: Complete Items 1 - 14. Sign and date the form and submit it to ABC. American LegalNet, Inc. www.FormsWorkFlow.com