Kings County Municipal Code Div. 1 Generally

As used in this article, the following terms shall have the respective meanings ascribed to them:

Board: The board of supervisors of the county.

Building setback lines: Lines as determined by the zoning ordinance [Appendix A of this Code], and measured from specific plan lines such distance as required by the zoning ordinance for the respective zone classifications.

Planning commission: The planning commission of the county.

Specific plan lines: Lines as indicated on a map of a specific section of a street or highway, the distance between said lines indicating the right-of-way width as proposed for such street or highway.

Zoning ordinance: The zoning ordinance of the county and ordinances amendatory thereto [Appendix A of this Code].

(Ord. No. 259, § 2, 10-9-62)

In order to conserve and promote the public health, safety and general welfare, and to make provisions for essential transportation highways, a specific plan of streets and highways is adopted to regulate the location of buildings and other improvements with respect to existing or planned rights-of-way. For the purposes of convenience and practical requirements and limitations, such specific plan will be developed progressively by the addition from time to time, in the manner prescribed by law, of detailed plans for certain streets or highways and when such detailed plans have been prepared, processed and adopted as aforesaid, they shall become a part of the specific plan of streets and highways. Said specific plan of streets and highways is adopted in accordance with the planning law of the state (Government Code Sections 65000 et seq.) and acts amendatory thereto, and is based on the adopted general plan of the county.

(Ord. No. 259, § 1, 10-9-62)

The provisions of this article and all additions or amendments thereto, shall be applicable to any property, building, structure or other improvement situated within the county which is owned, leased, controlled, operated or occupied by any person, firm, partnership, corporation, association or any public or quasi-public district, agency, corporation or association.

(Ord. No. 259, § 22, 10-9-62)

(a) The specific plan for streets and highways shall designate by maps of specific sections of the adopted general plan of the county, which with appropriate notations, information and data appearing thereon, shall set forth in detail all pertinent features necessary to assure compliance with and enforcement of the provisions and requirements of said specific plan, the location and proposed widths of rights-of-way, building setback lines and may show the location of buildings and other improvements with respect to existing or planned rights-of-way and the recommended treatment of such streets and highways.

(b) The planning commission is charged with the responsibility of preparing the specific plan of streets and highways and required resolutions and maps with respect thereto, and shall prepare and maintain for public inspection a map of the county of which each part of said specific plan shall be shown. The planning commission shall also prepare, or cause to be prepared, detailed maps of each part of said specific plan, and said detailed maps shall be of such scale as will permit the showing thereon of all dimensions and other data necessary to completely show the requirements imposed by the adoption of such specific plan. The county-wide map showing the comprehensive specific plan of streets and highways, or such portions thereof as may be adopted, shall show upon its face proper notations identifying the particular ordinance and the corresponding detailed larger scale map pertaining to such portion of the comprehensive specific plan referred to by each such notation.

(c) Such ordinances, maps, and amendments are on file in the county planning office, and are continued in force.

(Ord. No. 259, § 3, 10-9-62)

(a) Any person violating any of the provisions of this article or any additions or amendments to the specific plans, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in section 1-8. A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this article or any addition or amendment to the specific plans, is committed, continued or permitted and shall be punishable as herein provided.

(b) Any building, structure, excavation, well, subsurface structure, or other improvement not within the exceptions set forth in section 20-24, erected, constructed, replaced, moved, located, installed, altered, enlarged or maintained contrary to the provisions of this article or any addition or amendment to the specific plans shall be and is declared to be unlawful and a public nuisance, and the district attorney is authorized to institute the necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary to accomplish these ends.

(c) All remedies provided herein shall be cumulative and not exclusive.

(Ord. No. 259, § 24, 10-9-62)

Additions or amendments to the specific plan of streets and highways shall be adopted by ordinance in accordance with the provisions of the planning law of the state, (Government Code Section 65000 et seq.) and acts amendatory thereto, except that notices of the time and place of all public hearings shall also be given, by first class mail, to each property owner, as shown on the last assessment roll of the county, whose property is within or abuts a proposed specific plan line. Each such ordinance adding to or amending said specific plan shall designate the added or amended part of said specific plan by the number "20-24" followed by a decimal fraction thereof. Each addition and amendment shall contain, as a part thereof, a map of the street or highway which is the subject of such addition or amendment and such map shall be a detailed map as required by section 20-19 herein. Each such addition or amendment and the map which is a part thereof shall have the title of "Specific Plan Lines for (name of street or highway)". Each map shall have a number which shall be the same number as is used to designate the addition or amendment to the ordinance as set forth above.

(Ord. No. 259, § 4, 10-9-62)

In the event of the introduction of a proposed addition or amendment to this article for the purpose of adopting a specific plan for any street or highway, as provided herein, at a duly constituted meeting of the board or planning commission, no permit shall be issued for the erection, construction, replacement, moving, location or installation of any building; structure; excavation; well, whether for water, oil or other hydrocarbon products; subsurface structure; or other improvement within the proposed specific plan lines than the building setback lines as determined by this article; provided such prohibition shall not apply to those structures and improvements which are excepted from the prohibitions of section 20-24. In the event said addition or amendment is not adopted, such permits may be issued immediately upon rejection of said proposed amendment or addition by the board, provided all conditions imposed by law for the issuance of said permits have been complied with.

(Ord. No. 259, § 5, 10-9-62)

All building setback lines as designated by the zoning ordinance [Appendix A of this Code], shall be measured from the specific plan lines as set forth on maps thereof, on and after the effective date of said maps. Building setback lines shall be that distance from the specific plan lines as designated for the respective zoning classifications in the zoning ordinance.

(Ord. No. 259, § 6, 10-9-62)

No building; structure; excavation; well, whether for water, oil or other hydrocarbon products; subsurface structure; or other improvement shall be erected, constructed, replaced, moved, located or installed within the specific plan lines of streets and highways as adopted by this article or any additions or amendments thereto, or closer to said specific plan lines than the building setback lines as determined by this article, and no permit or approval therefor shall be issued by any official or employee of the county; provided such prohibition shall not apply to trees, agricultural crops, open fences or public utilities installed under authority of law; and provided further such prohibition shall not apply to installations of metal poles to support signs or single or cluster lamps for floodlighting the premises upon which such installation is made, provided installations of such poles shall be made subject to the following conditions:

(1) That such installation shall be removed at no expense to the county or state in connection with a future widening of the street or highway.

(2) That a sign, illuminated or unilluminated, and having an area of not more than 36 square feet on each of two sides, and pertaining only to the business or establishment located on the same premises, may be attached to one such pole on each site.

(3) Any light or lights or any sign installed on such pole shall be placed not less than 12 feet above the ground level.

(4) Flood lights on such poles shall be equipped with shields so adjusted as to deflect direct rays from public roadways.

(5) Illuminated signs shall be nonflashing and shall not be so located that any green, yellow or red light thereon will materially or practically tend to interfere with an approaching driver readily distinguishing a traffic signal in the same approximate line of vision.

(Ord. No. 259, § 7, 10-9-62)

(a) If any building; structure; excavation; well, whether for water, oil or other hydrocarbon products; subsurface structure; or other improvements not within the exceptions set forth in section 20-24, existed within the specific plan lines of any street or highway as established by this article or any addition or amendment thereof, on the effective date thereof, or closer to the specific plan lines than the building setback lines as determined by this article, on the effective date thereof, or closer to the specific plan lines than the building setback lines as determined by this article, on the effective date thereof, such nonconforming buildings, structures, excavations, wells, subsurface structures or other improvements may continue with reasonable maintenance; provided however, no such nonconforming building, structure, excavation, well, subsurface structure or other improvement shall be altered, enlarged, added to, or reconstructed.

(b) A nonconforming structure destroyed by fire or other calamity, or by an act of God or by the public enemy to the extent of 50 percent or less, may be restored provided that restoration is started within one year and diligently pursued to completion. The extent of damage to any structure shall be determined by the building official.

(c) A nonconforming structure destroyed by fire or other calamity, or by act of God or by the public enemy to a greater extent than 50 percent or voluntarily razed or required to be razed, shall not be restored except in full conformity with the regulations for the district in which it is located.

(Ord. No. 259, § 8, 10-9-62)

The street and highway design of any subdivision of land falling under the provisions of the Subdivision Map Act of the state, and other subdivision laws as are now or may subsequently be adopted by the county, shall be based on specific plan lines as adopted by this article or any additions or amendments thereof.

(Ord. No. 259, § 9, 10-9-62)

State Law reference— Subdivision Map Act codified as § 1500 et seq., Bus. & Prof. C.

The clerk of the board of supervisors shall cause to be recorded in the office of the county recorder a full, true and correct copy, duly attested, of all maps of the specific plan lines which are herein adopted or hereafter added by amendment or addition.

(Ord. No. 259, § 10, 10-9-62)