Kings County Zoning Code § 1204 Nonconforming Structures

A. Nonconforming Structures.

1. A nonconforming structure is a structure which was lawfully erected prior to the adoption of this Development Code but which, under this Development Code, does not conform with the development standards of the zoning in which the structure is located. While permitting the use and maintenance of nonconforming structures, this Section is intended to limit the number and extent and duration of nonconforming nonresidential structures and to encourage their gradual elimination by:

   • a. Prohibiting their being moved, altered or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed in this Development Code; and

   • b. Prohibiting their restoration after destruction. Residential structures which are located in a Commercial of Industrial zoning district as a result of a zoning district boundary change may be reconstructed if damaged or destroyed as detailed in Subsection B below.

2. Continuation and Maintenance:

• a. A structure lawfully occupying a site on the effective date of this Development Code or of amendments thereto which does not conform with the standards prescribed in the regulations for the District in which the structure is located relating to coverage, front yard, side yards, rear yard, height of structures or distances between structures shall be deemed to be a nonconforming structure and may be used and maintained as provided in this Section.

• b. Legal nonconforming structures may be continued and maintained in compliance with the requirements of this article unless deemed to be a public nuisance because of health or safety conditions.

• c. Routine maintenance and repairs may be performed on a nonconforming structure, a structure containing a nonconforming use, or on a nonconforming site.

3. Alterations and Additions to Nonconforming Structures:

• a. Alterations and additions to nonconforming structures shall be permitted, provided that there is no increase in the inconsistency with current standards of coverage, front yard, side yards, rear yard, height of structures or distances between structures as established in the relevant zoning district regulations.

• b. A structure housing a nonconforming residential use may be moved, altered or enlarged, provided that the number of dwelling units are not increased in excess of Government Code Sections 65852.2 & 65852.22.

4. Restoration of a Damaged Structure:

• a. Whenever a nonconforming structure or a structure housing a nonconforming use is destroyed by fire or other calamity, or by an act of God or by the public enemy to the extent of 50% or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within 12 months of destruction of the structure and is diligently pursued to completion.

• b. Whenever a nonconforming structure or a structure housing a nonconforming use is:

  • (1) Destroyed by fire or other calamity, or by act of God or by the public enemy to a greater extent than 50%, or

  • (2) Voluntarily demolished, or

• (3) Required by law to be demolished, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed.

• c. For the purposes of this Subsection, the extent of damage to any structure shall be determined by the Building Official.

Pre-Existing Uses and Nonconforming Sites, Structures and Uses

Art. 12 Page 12 - 3

DEVELOPMENT CODE

• B. Nonconforming Residential Structures in a Commercial or Industrial Zoning District.

  1. For the purposes of reconstruction, previously approved single or multifamily residential structures shall not be considered nonconforming due to:

     • a. An amendment to this Development Code which changes the zoning to Commercial or Industrial zoning, or

     • b. The taking or dedication of additional street right-of-way which changes the standards of coverage, front yard setbacks, side yard setbacks, rear yard setbacks or distances between structures prescribed by this Development Code for the district in which the structure is located.

  2. If a single or multifamily residential structure in a Commercial or Industrial zoning district is destroyed by fire or other calamity, or by act of God or by the public enemy to a greater extent than 50%, or shall be required by law to be demolished, the structure may be reconstructed provided that:

  - a. The structure was legally established in the appropriate zoning district in compliance with the Zoning Ordinance or Development Code in place at the time of construction.

  - b. The single-family residence was legally occupied by the owner of the property at the time of the demolition. A single-family residence used as a rental unit shall not be reconstructed in the Commercial of Industrial zoning district.

  - c. The number and size of the off-street parking spaces located on the property before the disaster shall not be diminished.

  3. The property owner has nine months from the date of destruction to apply for building permits for any new single or multifamily residential structure and three months from the date of issuance of the building permit to begin construction. If the permit is not secured within the time limit specified, the use shall be considered discontinued and abandoned.

• (Ord. No. 668-1-17, §56, 3/28/17)