Kingsburg — Nonconforming Uses

Last reviewed: July 2, 2026

Overview

This page summarizes what the Kingsburg Municipal Code (Title 17) requires for non-conforming uses, non-conforming structures, and non-conforming lots inside the City of Kingsburg. It interprets the maintenance, alteration, restoration, abandonment, and change-of-use rules found in the code and ties them to the districts where they most commonly appear under the local zoning rules. § 17.60.080 is the controlling local regulation; quoted requirements below are synthesized from that section and related district chapters.

Note: for procedural topics you will see links to the city pages for related topics (e.g., parking, design review, ADUs, development standards) so you can jump from policy to the operational pages quickly: see Kingsburg Zoning, Kingsburg Development Standards, Kingsburg Parking, Kingsburg Design Review, Kingsburg ADUs.

• First-time link list used in this page: Kingsburg Zoning, Kingsburg Development Standards, Kingsburg Parking, Kingsburg Design Review, Kingsburg ADUs, Kingsburg Overlay Districts, Kingsburg Land Use, California Building Standards Code.

What the code says — core rules

• Definition and purpose: A non-conforming use is a use lawfully established before current zoning rules but that no longer matches the rules of its district; a non-conforming structure is a structure lawfully erected prior to the zoning change but now failing to meet coverage, yard, height, or separation standards. The ordinance is explicit that these are allowed to continue but the code seeks to limit and eliminate them over time. § 17.60.080.

• Continuation and maintenance: Lawful non-conforming uses and structures may be continued and maintained; routine maintenance and repairs are allowed. § 17.60.080 B.

• Alterations / enlargement: No moving, alteration, or enlargement that increases the nonconformity is permitted, except when an alteration will eliminate the nonconforming status or when a Conditional Use Permit is granted under Chapter 17.68. Modest expansion of a non-conforming use by CUP is capped at 25% of the existing floor area (or assessed value in some CUP-related provisions) — see § 17.60.080 C–D.

• Abandonment: If a non-conforming use is abandoned or changed to a conforming use for a continuous period of one (1) year, the non-conforming use cannot be re-established; the site must thereafter conform to the zoning regulations for the district. § 17.60.080 E.

• Damage and restoration: If a non-conforming structure is damaged to less than 60% of its square footage, it may be restored and the non-conforming use resumed provided restoration is started within six (6) months and diligently pursued. If damage equals or exceeds 60%, the structure generally may not be restored except in full conformity — but there is a stated exception for non-conforming residential and accessory structures in the Central Commercial and Resource Conservation & Open Space districts. § 17.60.080 F.

• Mandatory elimination list: Certain non-conforming uses or structures must be removed or converted to conforming status within five (5) years after the effective date of the ordinance — e.g., non-conforming uses not occupying a structure, non-conforming uses in structures with an assessed valuation under $200, and outdoor advertising structures. § 17.60.080 G.

• Records and owner notification: The Planning Department must compile a list of properties that became non-conforming because of a zone or regulation change within 180 days and must notify owners in writing within one year. § 17.60.080 I.

• Change of non-conforming use: A change from one non-conforming use to another is allowed only with Planning Commission approval after public hearing and findings that the new use is in a more restricted category, will not more adversely affect the district, and will not increase traffic impacts beyond the established use. § 17.60.080 K.

• Enforcement priorities: The code lists enforcement priorities and gives the Planning Department authority to require removal or conversion following the timelines above. § 17.60.080 A (priorities) and I (notification/records).

District-by-district guidance (how nonconformance plays out in each zone)

Below are the Kingsburg zoning districts most relevant to nonconforming issues. Each district subsection shows the district intent, typical permitted uses, the code provisions you will rely on when assessing a nonconforming situation, and where that district applies (code citations included).

RA — Residential Acreage (Chapter 17.24)

• Purpose: low-density single-family living with limited hobby agriculture; supports larger lots and animal-keeping. § 17.24.010.
• Typical permitted uses: one-family dwellings, small-scale horticulture, limited livestock per lot-size rules, accessory structures, and ADUs allowed under separate ADU provisions. § 17.24.020–17.24.030.
• Key dimensional standards: minimum lot sizes vary by subdistrict; accessory uses/structures and setbacks are regulated elsewhere in Title 17 (see Chapters on accessory structures and development standards). When a structure in RA becomes nonconforming, the general nonconforming rules apply (restoration, abandonment, CUP options). § 17.24.010; § 17.60.080.

UR — Urban Reserve (Chapter 17.20)

• Purpose: hold lands for future urban expansion; allowed agricultural and low-density residential uses until services are in place. § 17.20.010.
• Typical permitted uses: grazing, field crops, certain one-family dwellings if consistent with General Plan; accessory uses. § 17.20.020.
• Nonconforming implications: if a UR parcel is rezoned, preexisting uses/structures there become nonconforming and are subject to timelines in § 17.60.080 for maintenance, restoration, or removal. § 17.60.080 H–I.

R — Residential (R-1-7, R-1-10, R-1-20) (Chapter 17.28)

• Purpose: single-family neighborhoods with different minimum lot areas (7,000 / 10,000 / 20,000 sq ft) and dimensional rules. § 17.28.050 lists property development standards.
• Typical permitted uses: single-family dwellings, accessory structures, ADUs, home occupations (subject to limits). § 17.28.040–050.
• Nonconforming implications: structural non-conformance (setbacks, lot coverage) can continue but may not be enlarged to increase discrepancy; accessory structure rules (sizes and setbacks) are at § 17.08/17.28 and subject to nonconforming rules in § 17.60.080 D–F.

CC — Central Commercial / Downtown (Chapter 17.42 and 17.40 references)

• Purpose: downtown main-street character and mixed commercial/residential uses; a Form-Based Code area (FBC) applies in parts. § 17.42.010 and FBC tables describe building placement, lot coverage, heights, and façade requirements.
• Typical permitted uses: ground-floor commercial retail, civic uses, upper-floor housing; off-street parking obligations are relaxed downtown in some circumstances—see local parking rules. § 17.42; § 17.52.
• Nonconforming implications: the ordinance makes a narrow exception allowing the full restoration of non-conforming residential and accessory structures in the Central Commercial Zone even when damage exceeds 60%, provided the owner on the date of destruction exercises the exception and the restoration complies with applicable code requirements (setbacks, lot coverage, parking). § 17.60.080 F.2.

**RCO — Resource Conservation & Open Space (Chapter 17.16)

• Purpose: preserve open space, agricultural lands and areas under Williamson Act contracts. § 17.16.010–020.
• Typical permitted uses: agriculture, flood control and water-resources uses, limited accessory uses; residential uses are limited. § 17.16.020.
• Nonconforming implications: like CC, the RCO district has an exception allowing restoration of non-conforming residential and accessory structures even when damage exceeds the 60% threshold, subject to compliance with code requirements and owner standing at time of destruction. § 17.60.080 F.2.

C / Commercial (Chapter 17.40)

• Purpose and typical uses: broader commercial uses, services, and retail outside the downtown form-based area; most commercial activity must be within an enclosed structure except in specified circumstances. § 17.40.050–060.
• Nonconforming implications: commercial uses that fall into residential zones (and vice versa) are addressed in the elimination rules; a non-conforming commercial use that is abandoned for six (6) months or longer (if it crosses RA/R/RM vs C/I district boundaries) must be converted to conforming status. § 17.60.080 G.3.

IL / IH — Light / Heavy Industrial (industrial chapters)

• Purpose: allow appropriate industrial activities with screening and yard rules; adult entertainment establishments are restricted to light industrial with distance limits. § 17.86 and industrial standards govern use and screening.
• Nonconforming implications: industrial uses made nonconforming by rezoning must follow the same restoration/abandonment rules; special distance and screening requirements for permitted adult-entertainment uses remain in effect and nonconforming structures/signs follow the general § 17.60.080 limitations. § 17.60.080; § 17.86.

Quick decision table (most-used rules for applicants)

Checklist — what an applicant must demonstrate (typical items)

• Evidence the use/structure was lawfully established before the zoning change (deed, dated permits, business licenses, historic photos). § 17.60.080 A–B.
• If seeking restoration after damage, provide a damage estimate and cost-to-restore vs. replacement so the building official can calculate the % damaged; propose a restoration schedule that starts within 6 months if <60% damage. § 17.60.080 F.
• If proposing enlargement or remodeling beyond routine maintenance, show how the project does not increase nonconformity or prepare a Conditional Use Permit (CUP) application demonstrating compliance with Chapter 17.68; note 25% modest expansion cap for CUPs. § 17.60.080 D; Chapter 17.68.
• If changing the nonconforming use to another nonconforming use, file a Planning Commission application with findings demonstrating the new use is no more detrimental. § 17.60.080 K.
• For signs or outdoor advertising that are nonconforming, confirm whether the sign type is on the elimination list (subject to the 5-year removal rule). § 17.60.080 G.
• Confirm applicable Development Standards and parking requirements for the district (these can affect restoration conditions); see local Development Standards and Parking pages. § 17.60.080 F note; Chapter 17.52.

Risks & Ambiguities

Plain-English Summary

If your building or business in Kingsburg was legal before zoning changed, you can usually keep it — do basic repairs — but you generally cannot expand the part that breaks the rules. If you stop using it for a year, it loses the special status. If it's badly damaged, the city uses a 60% damage threshold to decide whether you can rebuild the old (nonconforming) thing or must build something that follows current rules. § 17.60.080.

Source References

• Kingsburg Municipal Code, Title 17 — § 17.60.080 (Maintenance and elimination of non-conforming sites, uses, and structures).
• Kingsburg Municipal Code — Chapter 17.24 (RA — Residential Acreage District) (purposes and permitted uses). § 17.24.010–020.
• Kingsburg Municipal Code — Chapter 17.20 (UR — Urban Reserve District). § 17.20.010–020.
• Kingsburg Municipal Code — Chapter 17.28 (R districts; development standards e.g., 17.28.050).
• Kingsburg Municipal Code — Chapter 17.42 (Form Based Code; downtown FBC standards).
• Kingsburg Municipal Code — Chapters on parking and development standards (e.g., Chapter 17.52 for parking; § 17.52.060–080 on location and existing uses).
• Kingsburg Municipal Code — Chapter 17.16 (RCO — Resource Conservation & Open Space District). § 17.16.010–020.

Retrieved passages

• Kingsburg Zoning Code (§ 1) High relevance show source text
• Kingsburg Zoning Code (section shall) High relevance show source text
• Kingsburg Zoning Code (Section 17.08.030) High relevance show source text
• Kingsburg Zoning Code (section for) High relevance show source text
• Kingsburg Zoning Code (Chapter 17.68.) High relevance show source text
• Kingsburg Zoning Code (Section 17.56.040) High relevance show source text
• Kingsburg Zoning Code (Chapter 17.68) High relevance show source text
• Kingsburg Zoning Code (Chapter 17.96) Medium relevance show source text
• Kingsburg Zoning Code (Section 17.56.040) High relevance show source text
• Kingsburg Zoning Code (Chapter 17.56.) Medium relevance show source text
• CBC § 66314 (§ 66314) Medium relevance show source text
• Kingsburg Zoning Code (§ 1) Medium relevance show source text
• Kingsburg Zoning Code (section shall) Medium relevance show source text
• Kingsburg Zoning Code (Section 17.42.070) Medium relevance show source text
• Kingsburg Zoning Code (§ 1) Medium relevance show source text
• Kingsburg Zoning Code (Chapter 17.60.) Medium relevance show source text
• Kingsburg Zoning Code (title shall) Medium relevance show source text
• Kingsburg Zoning Code (§ 1) Medium relevance show source text
• Kingsburg Zoning Code (§ 1) Medium relevance show source text
• Kingsburg Zoning Code (§ 2) Medium relevance show source text
• Kingsburg Zoning Code (Title 17) Medium relevance show source text

Cited sections

• Kingsburg Municipal Code, Title 17 — **§ 17.60.080** (Maintenance and elimination of non-conforming sites, uses, and structures). (Title 17)
• Kingsburg Municipal Code — **Chapter 17.24 (RA — Residential Acreage District)** (purposes and permitted uses). **§ 17.24.010–020.** (Chapter 17.24)
• Kingsburg Municipal Code — **Chapter 17.20 (UR — Urban Reserve District)**. **§ 17.20.010–020.** (Chapter 17.20)
• Kingsburg Municipal Code — **Chapter 17.28 (R districts; development standards e.g., 17.28.050)**. (Chapter 17.28)
• Kingsburg Municipal Code — **Chapter 17.42 (Form Based Code; downtown FBC standards)**. (Chapter 17.42)
• Kingsburg Municipal Code — **Chapters on parking and development standards** (e.g., **Chapter 17.52** for parking; **§ 17.52.060–080** on location and existing uses). (Chapter 17.52)
• Kingsburg Municipal Code — **Chapter 17.16 (RCO — Resource Conservation & Open Space District)**. **§ 17.16.010–020.** (Chapter 17.16)
• Kingsburg_ZoningCode.md

• Official Kingsburg code library