Local zoning · Kings County

Kings County — Nonconforming Uses

Nonconforming Uses under the Kings County local zoning and planning code, with the controlling citations.

Ask a question free See coverage

Last reviewed: July 3, 2026

Overview

This page summarizes what the Kings County Development Code (the County zoning rules that apply in unincorporated areas only) says about nonconforming sites, structures, and uses and how the County treats them when you propose changes. The rules are in Article 12 (Pre‑Existing Uses and Nonconforming Sites, Structures and Uses) of the Development Code; key provisions include definitions, continued maintenance, limits on enlargement, abandonment rules, reconstruction after damage, and the procedure to change a nonconforming use (§ 1201–1211) . Practical items you will encounter (setbacks and other development rules, parking, design review, overlays, ADU rules, and variances) are handled in other articles and cross‑referenced below — link callouts in this page point to those topics where County guidance lives.

  • First‑use links in this page: development standards (see Kings County Development Standards), parking, design review, overlay districts, ADUs, California Building Standards Code, and variances are linked to the County menu pages referenced at the end of this page.

Key takeaways up front:

  • A nonconforming use or structure that was lawful when established may continue but may not be enlarged in most cases and may be lost if abandoned for a defined period (§ 1205) .
  • Changes from one nonconforming use to another require Planning Commission approval and must meet the findings required for a Conditional Use Permit (§ 1206) .
  • Restoration after damage is allowed only in limited cases (damage ≤ 50% and restoration begun within 12 months); destruction >50% or voluntary demolition generally requires full compliance with current district rules (§ 1204.4) .

How to read the rules (short)

  • The nonconforming rules are Article 12: § 1201 through § 1211 (purpose, definitions, nonconforming sites, structures, uses, change procedures, lapse, extension, revocation, and new application rules) .
  • Whenever the code requires a hearing, the Planning Commission is the decision body (with Board of Supervisors review/appeal rights) and public‑notice and hearing procedures are set out in the Development Code (e.g., § 1206 and cross references to Article 19) .

District‑by‑district (where nonconforming rules matter)

Below are the principal zoning districts in the Kings County Development Code with the short, practical, nonconforming implications you will see in each district. For each district I give the district purpose, typical permitted uses (short form), key dimensional standards you will commonly check when comparing an existing condition to current rules, and where the district primarily applies. These district descriptions are pulled from the corresponding Articles and tables in the Development Code (see citations).

Note: All district rules below apply only to unincorporated Kings County.

AL‑10, AG‑20, AG‑40, AX (Agricultural zoning districts)

  • Purpose: Preserve agricultural lands and allow farm operations while regulating expansions and conversions; special rules for dairies and confined animal feeding operations (§ 413–417) .
  • Typical permitted uses: Row crops, orchards, farm support uses; dairies and large animal operations are allowed where specifically listed but expansions usually require a Conditional Use Permit or Site Plan Review depending on district and history (§ 413–414) .
  • Key dimensional standards (examples): Minimum parcel areas and setbacks are set in Tables 4‑2 / 4‑3 (see Article 4; development standards table references) — agricultural parcels and farm structures may be treated as legal nonconforming sites if established before the code; some agricultural uses may be dormant up to two years and re‑open without a new permit in specified agricultural districts (§ 413.B) .
  • Where it applies: Rural unincorporated agricultural areas across the county; see Article 4 ( §§ 401–419 ) and Table 4‑1 for the permitted use matrix and notes .

RR, R‑1, RM and related (Residential zoning districts)

  • Purpose: Provide for low‑density (RR/R‑1) to medium‑density (RM) residential development while protecting neighborhood character (Article 5) (§ 501–508) .
  • Typical permitted uses: single‑family dwellings, accessory structures, limited home occupations, family day care (see Table 5‑1) — multi‑family and mobile home parks are treated under special rules and may require Site Plan Review or Conditional Use Permits (§ Table 5‑1 notes) .
  • Key dimensional standards: front/side/rear setbacks, maximum lot coverage, maximum building height by district; ADU/JADU specific setback exceptions are noted in Table 5‑2 and the ADU cross references (see Sec. 507 reference in tables) .
  • Nonconforming notes: Nonconforming residential structures may be allowed to be reconstructed in certain commercial/industrial rezoning situations per § 1204.B (residential exceptions) .

CN, CS, CT, CH, CR (Commercial zoning districts)

  • Purpose: Retail/service corridors, neighborhood commercial, highway commercial, and general commercial uses; commercial development standards in Article 6 (§§ 601–606) and Table 6‑2 govern setbacks, heights, and distances .
  • Typical permitted uses: Small retail, offices, restaurants, service uses — some uses are allowed only with Site Plan Review or Conditional Use Permit per Table 6‑1 .
  • Key dimensional standards: Commercial setbacks often show “No Limitation” except when adjacent to residential (special 10‑ft buffers shown in the development standards table) and maximum structure heights subject to notes (Table 6‑2) .
  • Nonconforming notes: A residential structure that becomes located in a commercial zone through rezoning may have reconstruction rights under § 1204.B subject to conditions (occupancy by owner, parking not reduced) .

MU, MU‑D (Mixed Use districts)

  • Purpose: Allow combinations of commercial and residential uses downtown or in mixed‑use corridors (Article 7) and regulate the proportion and placement of residential elements (e.g., residential capped at a percent of gross floor or land area) .
  • Typical permitted uses: Ground‑floor commercial with incidental residential over or to the rear; accessory uses as in Table 7‑1 .
  • Key dimensional standards: Sidewalk and street frontage standards vary by community plan; development tables set setbacks and distances (Table 7‑2) .
  • Nonconforming notes: Nonconforming commercial/residential relationships are evaluated with Article 12 rules when restoration, enlargement, or change is proposed (§ 1204–1206) .

IL, IH (Industrial zoning districts)

  • Purpose: Provide space for light and heavy industrial activities with use lists and conditional‑use requirements in Table 8‑1 and development standards in Table 8‑2 (§§ 801–805) .
  • Typical permitted uses: Manufacturing, processing, warehousing, utilities; heavier or noxious uses usually require Conditional Use Permits in IH and are limited in IL per Table 8‑1 notes .
  • Key dimensional standards: Industrial setbacks, distance between structures, and height limits are in Table 8‑2; proximity to residential triggers additional setback rules and limits on some uses .
  • Nonconforming notes: Nonconforming industrial uses are governed by Article 12; enlargements are generally prohibited for nonresidential nonconforming uses (§ 1204.A and § 1205.B.2) .

PF (Public Facilities)

  • Purpose: Sites for public buildings and utilities; uses and development standards are in Article 9 ( §§ 901–905 ) and specialized tables (Table 9‑1, Table 9‑2) .
  • Typical permitted uses: Schools, government buildings, public utilities, parks when designated; site standards respond to public safety and accessibility requirements.
  • Nonconforming notes: Public facility structures and equipment are explicitly exempted from forced elimination due to nonconformance where necessary for continued service; see § 1201.B for the rule that public utility buildings and facilities are not required to be terminated solely because of nonconformity .

Overlay districts (airport compatibility, multifamily overlays, etc.)

  • Purpose: Overlay zones layer additional development conditions on top of base zoning (Article 10, §§ 1001–1010); for example, airport overlays limit certain high‑sensitivity uses and require avigation easements in places near the airport (Table 10‑1) .
  • Typical permitted uses and restrictions: The overlay may restrict schools, hospitals, or large assemblages, and require deed notices or noise‑level mitigation as conditions of approval; consult the specific overlay table for permitted/conditionally permitted uses and prohibited uses (Table 10‑1) .
  • Nonconforming notes: Overlays do not automatically eliminate lawful preexisting uses, but any enlargement, restoration after major destruction, or conversion is evaluated against overlay and base district standards (§ 1204–1206) .

Quick reference table — core nonconforming rules (decision‑relevant)

Rule What it means in practice Code reference
Definition of nonconforming use/structure/site Lawful pre‑existing use or structure that does not meet current Development Code standards may be continued but is regulated § 1205; § 1204.A
Continuation and maintenance Existing lawful use/structure may continue; routine maintenance allowed § 1205.B.1
Enlargement prohibited (nonresidential) Nonconforming uses (except nonconforming residential uses) may not be enlarged or extended § 1205.B.2
Abandonment / discontinuance If a nonconforming use is discontinued, abandoned, or converted to conforming use for 180 continuous days, it cannot be re‑established § 1205.C
Change of nonconforming use May change to another nonconforming use only with Planning Commission approval after public hearing and findings (treated like CUP findings) § 1206 (procedure + findings)
Restoration after damage If damaged ≤50% by calamity, restoration allowed if begun within 12 months; damage >50% or voluntary demolition requires full compliance § 1204.4.a–b
Residential exceptions Residential units located in Commercial/Industrial districts because of rezoning have limited reconstruction rights and specific occupancy/parking conditions § 1204.B
Lapse and extension of change permit A granted change of nonconforming use lapses after 180 days unless a building permit and construction commence; extensions for additional 180 days available § 1208, § 1209
Revocation and appeals Noncompliance can lead to revocation after notice and hearing; appeal to Board of Supervisors allowed within 8 days § 1210 (revocation) and Article 19 procedures

Practical guidance and synthesis

  • Document the original lawful establishment: To claim nonconforming rights you will need proof (permit, tax record, dated photographs). The Code presumes lawfulness but actions that followed must be verifiable when a change or restoration is proposed (§ 1201–1206) .
  • Small repairs vs. enlargement: Routine maintenance and routine repairs are allowed; adding floor area to a nonconforming commercial use or increasing the nonconformity (bigger coverage or reduced setbacks) is generally prohibited unless the use is residential and Government Code ADU exceptions apply (§ 1204.3; § 1205.B.2) .
  • Damage/destruction test is critical: The Building Official will determine percentage damage for restoration rules; if >50% the structure must be rebuilt to current standards (§ 1204.4.c) .
  • Changing to another nonconforming use: Must be reviewed like a Conditional Use Permit and the Commission must make findings that the new use is in a more restricted category and will not be more detrimental (§ 1206.D) .
  • Time limits on permitted changes: A granted change of nonconforming use can lapse in 180 days unless you show building permits and construction commenced; ask for an extension under § 1209 if needed .
  • ADUs and nonconforming conditions: State ADU law limits a local agency’s ability to condition ADU permits on correcting nonconforming zoning conditions. See the County ADU notes and the state ADU handbook for interaction with nonconforming zoning (local code references ADU setbacks and cross‑references in Article 5; state guidance in the ADU handbook) — verify with the County planner for parcel‑specific application (§ 507 referenced in tables; state ADU guidance) file.

(If you need help confirming whether the nonconforming status applies to a specific parcel, contact the Kings County Planning Division — verify with the jurisdiction for parcel‑specific interpretations.)

Checklist

  • Establish lawful pre‑existing status (permit, dated evidence) to be covered by Article 12 (§ 1201–1205)
  • Confirm whether the use has been abandoned/discontinued for 180+ days (§ 1205.C)
  • If proposing a change of nonconforming use, prepare a full application for the Planning Commission (site plan, statement of existing and proposed uses) and expect a public hearing (§ 1206.A–B)
  • If restoration after damage is required, confirm Building Official’s damage determination and start restoration within 12 months if ≤50% (§ 1204.4.a–c)
  • If seeking enlargement of a nonconforming nonresidential use, expect denial unless the enlargement fits an expressly allowed exception (§ 1205.B.2)
  • If the change of nonconforming use is approved, schedule building permit/zoning clearance promptly to avoid lapse (180 days) or seek extension (§ 1208–1209)
  • Check overlay and district tables (Article 4–10) for additional constraints (airport overlays, dairy element rules, etc.) and cross‑check off‑street parking and development standards requirements where they may be triggered by the proposed change (see Tables 4‑1, 5‑1, 6‑2, 8‑1) file

(Links: see County pages for the cross topics listed at the bottom of this page.)

Risks & Ambiguities

Issue Why it matters What to verify
Abandonment timing (180 days) A nonconforming right is lost after 180 continuous days of discontinuance; intermittent operation records matter Verify continuous operation records, utility bills, tax records; check § 1205.C for the 180‑day rule
Damage percentage (>50% test) If damage >50% the structure typically cannot be restored as nonconforming and must meet current standards Ask the Building Official to make the damage percentage determination; rules at § 1204.4.b–c apply
Enlargement vs. repair Enlargement of nonresidential nonconforming uses is prohibited; “repairs” vs “increase in nonconformity” are judged by the County Document work scope; see § 1205.B.2 and § 1204.3 for limits on alterations and additions file
Residential reconstructions in C/I zones Residential units rezoned into commercial/industrial have limited reconstruction rights — occupancy/parking conditions apply Confirm owner‑occupancy and parking conditions of § 1204.B before planning reconstruction
Parcel splits creating nonconforming sites Subdividing can create new nonconforming parcels that remove nonconforming protections If parcel lines are adjusted, check Article 23 and the nonconforming site rules (Sec. 1203 notes) — Verify with the County
Intersect with state ADU law State ADU law may prohibit denial of ADUs solely on nonconforming zoning conditions Consult the County planner and the ADU handbook (state guidance) — the County table notes reference ADU setbacks and cross‑references (see Sec. 507 note) file

Plain‑English summary

If your use or building in unincorporated Kings County was legal when it was built but no longer complies with today’s zoning, you can usually keep using and maintaining it, but you cannot make most nonresidential nonconforming uses bigger, and if you stop operating it for long enough (180 days) or destroy it more than halfway, you lose the right to resume — to change to another nonconforming use you must get Planning Commission approval and meet conditional‑use findings (§ 1201–1211) file.

Source References

  • Kings County Development Code — Article 12, “Pre‑Existing Uses and Nonconforming Sites, Structures and Uses,” § 1201–§ 1211 (purpose; nonconforming sites/structures/uses; change procedure; lapses; extensions; revocation) .
  • Kings County Development Code — § 1204 Nonconforming Structures and § 1205 Nonconforming Uses (continuation, alterations, abandonment, restoration rules) file.
  • Kings County Development Code — § 1206 Procedure for a Change of Nonconforming Use (application, public hearing, required findings) .
  • Kings County Development Code — § 1207–1209, § 1210–1211 (zoning clearance/building permit, lapse/extension/revocation/new application) file.
  • Kings County Development Code — Agricultural districts and dairy/CAFO provisions (Article 4, Table 4‑1; §§ 413–417) file.
  • Kings County Development Code — Residential districts and development standards (Article 5, Table 5‑1 & Table 5‑2) and ADU cross references (Sec. 507 note) file.
  • Kings County Development Code — Commercial and Industrial use tables and development standards (Article 6 Table 6‑2; Article 8 Table 8‑1 & Table 8‑2) file.
  • Kings County Development Code — Overlay zones (Article 10 Table 10‑1, airport overlay notes) .
  • 2025 California ADU handbook (uploaded guidance used for ADU / nonconforming interaction) .

Sources

Retrieved passages

  • Kings County Zoning Code (Section is) High relevance
  • Kings County Zoning Code (Article 12.) High relevance
  • Kings County Zoning Code (Section shall) High relevance
  • Kings County Zoning Code (§56) High relevance
  • Kings County Zoning Code (§55) High relevance
  • Kings County Zoning Code High relevance
  • Kings County Zoning Code (Section is) High relevance
  • Kings County Zoning Code (Section 1206) High relevance
  • Kings County Zoning Code (Section No.) Medium relevance
  • Kings County Zoning Code Medium relevance
  • Kings County Zoning Code (Article 25_) Medium relevance
  • Kings County Zoning Code (Article 25_) Medium relevance
  • Kings County Zoning Code (Article 11) Medium relevance
  • Kings County Zoning Code Medium relevance
  • Kings County Zoning Code (Article 16) Medium relevance
  • Kings County Zoning Code Medium relevance

Cited sections

Frequently asked questions

What is a nonconforming use in unincorporated Kings County?

A nonconforming use is a use of land or a structure that was lawfully established before the current Development Code but no longer complies with the present zoning rules. The Development Code treats these as allowed to continue under limits designed to encourage gradual elimination; see § 1205 for the definition and limits on enlargement, abandonment, and maintenance .

Can I repair or expand a nonconforming commercial building?

You can perform routine maintenance and repairs, but you generally cannot enlarge or extend a nonconforming nonresidential use. Alterations are allowed only if they do not increase the degree of nonconformity with current development standards (§ 1205.B.2; § 1204.3) file.

If my nonconforming building is damaged in a fire, can I rebuild?

If the structure is damaged to 50% or less, you may restore it and resume the nonconforming use provided restoration is started within 12 months and diligently pursued. If damage is greater than 50%, or the structure is voluntarily demolished, it must be rebuilt to current standards and the prior nonconforming use cannot be resumed (§ 1204.4) .

What happens if a nonconforming use stops operating?

If the nonconforming use is abandoned, discontinued or changed to a conforming use for a continuous period of 180 days or more, the nonconforming right is lost and the site must be used in conformance with current district regulations (§ 1205.C) .

Can I change a nonconforming use to a different nonconforming use?

Yes, but only with Planning Commission approval through the change‑of‑nonconforming‑use procedure. The Commission must hold a public hearing and make the Conditional Use Permit‑type findings listed in § 1206 (the proposed use must generally be more restricted and not more detrimental) .

Is there a time limit to act after the County approves a change of nonconforming use?

Yes. A granted change of nonconforming use will lapse 180 days after it becomes effective unless construction has commenced under a building permit; you can apply for an extension under § 1209 if more time is needed (§ 1208–1209) .

Can an existing dairy or CAFO expand if it’s nonconforming?

Dairies and CAFOs established prior to the Development Code may continue; expansions in some agricultural districts (e.g., AL‑10) require a Conditional Use Permit or Site Plan Review and must comply with Dairy Element technical requirements (see § 413–414 and Table 4‑1) .

How do state ADU rules affect nonconforming zoning conditions in Kings County?

State ADU law limits a local agency’s ability to deny ADU permits because of preexisting nonconforming zoning conditions in many circumstances. County tables reference ADU setbacks and cross‑references; consult the County planner and the state ADU guidance for parcel‑specific application (County tables and ADU cross notes; state ADU handbook) file.

If I get a Planning Commission approval, can it be revoked?

Yes. If permit conditions or Development Code provisions are not complied with, the Zoning Administrator will notify the permit holder and the Planning Commission may hold a revocation hearing; decisions may be appealed to the Board of Supervisors (see § 1210 for revocation procedures) .

Who makes the final decision on borderline nonconforming questions?

The Zoning Administrator makes initial determinations and processes applications; the Planning Commission hears change‑of‑use requests and may be reviewed by the Board of Supervisors on appeal (see § 1206 and cross‑references to Article 19 and Article 17 procedures) — verify with the County for parcel‑specific rulings file. ---

More in Kings County code

Ask about any Kings County property

Get a cited, plain-English answer on Kings County zoning, setbacks, FAR, ADUs and permits — for any address.

Start Free Trial

More Kings County zoning topics

Kings County Zoning

Kings County Land Use

Kings County Development Standards

Kings County Parking

Kings County Design Review

Kings County Overlay Districts

Kings County Historic Preservation

Kings County Signage

Kings County Variances and Exceptions

Kings County Landscaping and Screening

Kings County overview