Kings County Zoning Code § 1203 Nonconforming Sites

A. Use of Nonconforming Sites.

1. Except as otherwise provided in this Section, a site having an area, frontage, width or depth less than the minimum prescribed for the district in which the site is located may be used for any permitted use, provided that:

   • a. The site is shown on a duly approved and recorded parcel or subdivision map;

Pre-Existing Uses and Nonconforming Sites, Structures and Uses

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DEVELOPMENT CODE

• b. A deed or valid contract of sale was of record prior to the adoption of this Development Code or amendments thereto;

• c. The site has a legal area, frontage, width and depth at the time that the parcel or subdivision map, deed or contract of sale was recorded; and

• d. The site complies with all other regulations for the district in which it is located.

2. Two or more adjoining vacant sites may be treated as if the sites constituted a single parcel of real property subject to all regulation for the district in which the sites are located, including minimum area, width and frontage requirements, provided that:

   • a. Each vacant site has a width or frontage less than the minimum prescribed for the district in which the sites are located; and

   • b. The sites are under common ownership as of the date of adoption of the Development Code.

3. Notwithstanding the foregoing provisions of Paragraph 2 of this Subsection A, in the R-1-6, R-1-8 and MU Districts, sites shown on a duly approved and recorded parcel or subdivision map as having a width less than that required for such district under the provisions of this Development Code may be divided as indicated on the recorded parcel or subdivision map, provided that:

   • a. In no case shall such subdivided sites be less than 50 feet in width; and

   • b. These are no structures or improvements on the site that would require their continued combination for compliance with the provisions of this Development Code or other development regulations of the county.

4. For the purpose of this Section, the term “vacant site” shall mean that the site is not developed with a building or structure for which a permit has been issued pursuant to the provisions of Chapter 5 of the Kings County Code of Ordinances.

B. Adjustment of Nonconforming Sites, Site Area.

1. The property line(s) between two or more contiguous parcels, where at least one of the parcels contain less than the minimum parcel area required for that zoning district, may be adjusted so that territory may be transferred between parcels if all of the following findings can be made by the Kings County Advisory Agency for subdivisions and parcel maps:

   • a. No additional nonconforming parcels will result from the adjustment.

   • b. Where individual water supply or individual sewage waste disposal systems are to be utilized on the sites, the smallest parcel shall not be diminished to less than one acre in area.

   • c. No other health or safety problems are likely to occur from the transfer.

• d. The transfer of the territory from one parcel to another parcel is accomplished pursuant to Article 23 of this Development Code and the Subdivision Map Act (beginning at Section 66410 of the California Government Code).

  • e. If one or more of the parcels are within an agricultural preserve and subject to a California Land Conservation (Williamson) Act of 1965 contract, the resulting restricted parcels will still comply with the provisions of the Williamson Act or Farmland Security Zone contract.

a

Pre-Existing Uses and Nonconforming Sites, Structures and Uses

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DEVELOPMENT CODE