Local zoning · Alturas

Alturas — Nonconforming Uses

Q: What can I build on an R-1 lot in Alturas?

In R-1 you can build or keep a single-family detached dwelling and normal accessory structures subject to the R‑1 development standards in Table 28.41.020 and the Land Use Matrix § 28.22.020 ; if the existing building is nonconforming you may repair or restore it per § 28.62.030 (and must meet the current Building Code for structural work). For exact setbacks and lot-size minima consult Table 28.41.020 .

Q: What are Alturas' setback requirements for my lot?

Setback and other dimensional standards are given in Table 28.41.020 and are applied to each Primary Zone (see § 28.41.020 ). The nonconforming rules require nonconforming lots to still meet zone development standards for any new work ( § 28.62.060 ). The code text points to the table for numeric values; the ordinance transcribes the matrix as a table image. Not found in retrieved materials as plain-text numbers—verify the table or contact Planning.

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

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Last reviewed: July 3, 2026

Overview

Alturas' Zoning Ordinance (Chapter 28) preserves "grandfathered" rights for uses, structures, and lots lawfully established before the current code. The ordinance lays out what nonconforming uses may continue, when they lose status, how nonconforming structures and lots may be repaired or built, and how expansions or changes are processed—with specific findings for the Planning Commission and Council. See the ordinance's Nonconforming Uses division for the controlling rules (the "Grandfathering Rights" provisions) at § 28.62.010–§ 28.62.090.

Notes up front:

When the code refers to development standards (setbacks, heights, lot sizes), those numeric standards are given in Table 28.41.020 and the Land Use Matrix Table 28.22.020; the ordinance instructs that the development standards of each Primary Zone apply except where the nonconforming rules provide otherwise. For the matrix and development table references see § 28.22.020 and § 28.41.020.
For building-code compliance the ordinance defers to the most recently adopted City Building Code / California Building Standards; nonconforming repair work must meet those code requirements (see § 28.62.030, below). Verify structural work with the Building Division and the California Building Standards Code. California Building Standards Code

What the Alturas ordinance actually requires (section-by-section)

Grandfathering scope — § 28.62.010: The “Grandfathering Rights” section applies to uses/structures lawfully established prior to adoption/amendment of the chapter; it frames the whole nonconforming regime.
Continuation, transfer, sale — § 28.62.020: Change of ownership, tenancy or management does not by itself terminate legal nonconforming status so long as the use and intensity remain the same.
Legal nonconforming structures — § 28.62.030:
- A nonconforming structure may continue and may be converted to any use that conforms to the zone and that complies with the most recent City-adopted Building Code (so repair or reuse must meet current building code).
- Structural repairs and even increases in area/volume are allowed provided the addition complies with the chapter and the adopted Building Code.
- Restoration after involuntary damage is allowed up to predamage size if the damage is not “Substantial Damage” (Article VIII definition) and repairs are completed within three years.
Legal nonconforming uses — § 28.62.040:
- No increase in intensity is allowed except as expressly provided in § 28.62.050.
- Automatic loss of status occurs when the nonconforming use has been discontinued/abandoned for six months (with stated agricultural exceptions for crop production and certain animal keeping).
- Repairs/alterations are allowed but cumulative increases in area devoted to the nonconforming use are limited (see 20% limit below). Involuntary damage can be resumed if not Substantial Damage and repairs within three years.
Repairs, cumulative increase cap — § 28.62.040(F): Structural alterations and increases are allowed for structures containing legal nonconforming uses so long as the total of all alterations (over time) do not increase the area available to the legal nonconforming use by more than 20% of its original area; all work must meet the current Building Code.
Changes/expansions by permit — § 28.62.050: The Commission may permit changes/expansion to legal nonconforming uses using the Use Permit procedures (Article V) but only after required findings: (a) the change/expansion is essential/desirable to public convenience or welfare, (b) it will not negatively impact surrounding conforming uses, (c) other conforming properties are unavailable physically/economically, and (d) no other remedies exist to bring the use into conformance. Substitution to a same-or-less intensive nonconforming use is allowed; time-extensions may be granted for unusual hardship.
Legal nonconforming lots — § 28.62.060: Existing legal lots that don't meet current lot area/dimension standards may be developed with uses allowed in the zone, but all zone development standards (including setbacks) still apply to any development on the lot.
Structures/uses under construction at ordinance effective date — § 28.62.070: For nonconforming uses construction must commence within six months of the ordinance effective date; for nonconforming structures construction must commence within six months and be completed within two years of the ordinance effective date. (This is a transitional rule tied to ordinance adoption dates.)
Burden of proof — § 28.62.080:
- If the City asserts a lot or structure is or is not a legal nonconforming lot/structure, the City bears the burden of proof. If the City asserts a nonconforming use exists, the City bears that burden; but if the City asserts a use has terminated by lapse or replacement, the operator must prove it did not terminate.
Nuisance rule — § 28.62.090: Nonconforming status does not protect operations that constitute a public or private nuisance or a risk to public health and safety.

District-by-district practical breakdown (Primary Zones)

Below are the Primary Zones used by Alturas and the parts of the ordinance that describe them. For each I list purpose, typical permitted uses (high-level), where the rules apply, and how the nonconforming rules interact.

Note: specific numeric setbacks, lot area, lot width, and height values are in Table 28.41.020 (the development standards matrix) and the Land Use Matrix Table 28.22.020; those numeric entries are shown in the ordinance tables (images in the published code). Where the text below requires a numeric value, the ordinance references Table 28.41.020—the image/graphic containing the numbers is not transcribed in the retrieved text. See § 28.22.020 and § 28.41.020 for the official matrix references.

AG (Agricultural)

Purpose: Preserve agricultural production and accessory farm uses; priorities are farming and related structures. See the Land Use Matrix § 28.22.020 for specific permissibility.
Typical permitted uses: crop production, animal raising/keeping (subject to Article III animal rules), accessory farm buildings.
Key dimensional standards: See Table 28.41.020 for minimum lot size/width and setbacks; nonconforming lots still must follow zone development standards (see § 28.62.060).
Where it applies: City zoning map — Primary Zone AG. For animal exceptions to automatic loss of nonconforming status see § 28.62.040(B)(2).

RR (Rural Residential)

Purpose: Low-intensity residential on larger lots; often a transition between agriculture and denser residential. See § 28.22.020.
Typical permitted uses: Single-family detached residences and accessory uses; limited home occupations with rules in Article III.
Key dimensional standards: See Table 28.41.020; nonconforming structures can be repaired per § 28.62.030, and nonconforming uses lose status after six months vacancy unless agricultural exception applies.

R-1 (Single-Family Residential)

Purpose: Protect single-family neighborhoods (R1 = "Single family Residential" as defined in Article VIII).
Typical permitted uses: Single-family detached homes, accessory structures, guest houses and certain accessory residential uses (see Article III/§ 28.38.050–.060).
Key dimensional standards: See Table 28.41.020 for setbacks and lot-size minima. Nonconforming dwellings can be repaired or restored; conversion to a conforming use is allowed under § 28.62.030(A) if meeting Building Code.

R-2 (Low/Medium Density Multi-family)

Purpose and typical uses: Allows some multi-family (see the Land Use Matrix); R2 is denser than R1 and permits attached units where the matrix indicates. See § 28.22.020.
Nonconforming interactions: If an existing nonconforming multi-unit use sits in R2, repairs and limited expansion follow the 20% area cap and the Commission's Use Permit findings where expansion is sought.

R-3 (Higher-density / Mixed residential)

Purpose: Higher density residential; may include limited low-intensity commercial uses as transitional uses between residential and commercial/industrial. See § 28.21.030 (note on R3 transitional role).
Typical permitted uses: Multi-family, some attached single-family, limited commercial by permit. See Land Use Matrix § 28.22.020.

C-1 (Retail/Office Commercial)

Purpose: The C1 zone is intended for low-intensity, pedestrian-oriented retail, offices and compatible mixed-use development; it is the recommended Primary Zone for the Downtown Historic District. See § 28.21.030(A).
Typical permitted uses: Small retail, personal services, offices; residential as limited mixed-use (residential not permitted on first floor in some circumstances—see Table notes). See § 28.22.020 and Land Use Restrictions.
Where nonconforming rules matter: The Downtown Historic (-DH) overlay may change setback/lot rules (zero set‑backs along Main Street) but nonconforming uses in C1 remain subject to the § 28.62 nonconforming rules. See the -DH overlay rules in § 28.23.050. Alturas Overlay Districts

C-2 (General Commercial)

Purpose: A broader, more auto-oriented commercial zone than C1, for larger retail, automobile sales/services, and destination commercial. See § 28.21.030(B).
Typical permitted uses: Larger retail, auto uses, some light manufacturing-related sales. Nonconforming commercial operations are limited by the same continuation/abandonment rules; expansion beyond existing footprints requires the Commission findings under § 28.62.050.

M-1 / M-2 (Light and Heavy Industrial)

Purpose: M1 buffers light industrial uses near less-intensive uses; M2 is for heavy industrial operations placed away from sensitive uses. See § 28.21.030(C)–(D).
Typical permitted uses: Manufacturing, warehousing, equipment yards (subject to Article III restrictions). Nonconforming industrial uses follow the same abandonment/repair/20% rules; environmental and nuisance provisions still apply (see § 28.62.090).

RC (Recreation) and OS (Open Space)

Purpose: Public and private recreation, parks, and resource-protecting open space. See Article II sections for RC/OS use guidance.
Typical permitted uses: Parks, campgrounds, recreation facilities; special handling for animal keeping and resource protections. Nonconforming uses allowed to continue but must satisfy the nonconforming provisions; care must be taken that nonconforming uses do not interfere with resource protections.

Quick table — Most decision-relevant nonconforming rules (for applicants)

Topic	What the ordinance requires	Code Reference
Continuation after sale/transfer	Ownership/tenancy change does not terminate nonconforming status if use and intensity are unchanged.	§ 28.62.020
Maximum increase in area for nonconforming use	Over time, area devoted to a legal nonconforming use may not be increased by more than 20% (cumulative) without Commission approval.	§ 28.62.040(F)
Automatic loss of nonconforming use	Continuous cessation/abandonment of six months results in automatic loss (agricultural exceptions apply).	§ 28.62.040(B)
Expansion/change of nonconforming use	Expansion/substitution allowed only after Use Permit with required findings by Planning Commission.	§ 28.62.050
Nonconforming lots	Uses allowed on the zone are allowed on a legal nonconforming lot, but all zone development standards still apply.	§ 28.62.060
Repairs & restoration after damage	Restoration allowed up to predamage size if not "Substantial Damage"; repairs within 3 years.	§ 28.62.030(C)
Burden of proof on status	City generally has burden to prove an item is nonconforming; owner must prove continued use when City says use terminated.	§ 28.62.080
Nuisance limitation	Nonconforming rights do not allow operation that creates a public/private nuisance.	§ 28.62.090

Checklist — what an applicant must satisfy when dealing with a nonconforming use/structure

Establish that the use/structure was lawfully established prior to the code change (document title history / permits / occupancy). Burden-sharing rules in § 28.62.080 apply.
If proposing repairs or rebuilding after damage, confirm whether damage is "Substantial Damage" (Article VIII definition) and schedule repairs to be completed within three years if allowable under § 28.62.030(C).
If proposing expansion/increase of intensity beyond existing footprint or more than 20% area increase: prepare a Use Permit application and findings per § 28.62.050 and Article V procedures.
Confirm development standards (setbacks, heights, lot coverage) from Table 28.41.020 and show compliance or seek Variance (where allowed); nonconforming lots must still meet these standards for new development (see § 28.62.060 and § 28.41.020). Alturas Development Standards
If the site is in an Overlay Zone (for example -DH Downtown Historic), confirm overlay exceptions/requirements (zero setbacks, sign rules) and how they affect nonconforming restoration/expansion. Alturas Overlay Districts
Demonstrate compliance with the current Building Code for any structural work and obtain required permits; reference California Building Standards Code.
Check parking impacts and the Alturas Parking standards if the use change would affect parking demand.

Risks & Ambiguities

Issue	Why it matters	What to verify
Exact numeric setbacks, heights, lot-size minima	The ordinance's numeric dimensions are presented in Table 28.41.020, which is the operative source for development standards. Without using the table you risk noncompliance.	Look up Table 28.41.020 in the official code or ask Planning staff; the ordinance repeatedly refers applicants to that table (§ 28.41.020). Not found in retrieved materials for numeric transcription.
Whether damage is "Substantial Damage"	If damage is Substantial (Article VIII definition), restoration rights are restricted. This determines whether you can rebuild to predamage size.	Obtain structural/building evaluation and compare repair cost to pre-damage market value; see § 28.62.030(C) and Article VIII definition of "Substantial Damage." Verify with Building Division.
Cumulative alterations over time	The 20% cap is cumulative—past undocumented work could already have used up allowable increase.	Verify original area calculations and historic permits before proposing further alteration; show compliance with § 28.62.040(F).
Whether use has been “abandoned”	Automatic loss after 6 months vacancy makes timing critical—intent and evidence matter.	Collect occupancy records, utility bills, lease/advertising history; the code’s abandonment rule is § 28.62.040(B). If in agriculture, check crop/animal exceptions.
Overlay complications (e.g., -DH)	Overlay zones may relax or tighten development standards (zero setbacks, sign rules).	Confirm whether parcel lies in an overlay and apply overlay exceptions in § 28.23.050; consult Alturas Overlay Districts.
Conflicting historical approvals	Older Use Permits or recorded conditions may run with the land and interact with nonconforming rights.	Check recorded Use Permits, maintenance agreements and County Recorder filings; see § 28.54.030–.050 about permits running with land.

Plain-English summary

If your building or business in Alturas was legal when it was built or started but no longer meets today's zoning rules, the city's zoning code lets you keep operating in most cases — but you generally cannot expand the nonconforming part by more than 20% without special approval, you lose the right if the use stops for six months, repairs must meet current building codes, and any expansion requires findings by the Planning Commission. Key controlling rules appear at § 28.62.010–§ 28.62.090.

Source References

City of Alturas Zoning Ordinance, Chapter 28 — Nonconforming Uses (Article VI, Division 3): § 28.62.010 – § 28.62.090.
City of Alturas Zoning Ordinance — Land Use Matrix and Primary Zones: § 28.22.020 (Land Use Matrix).
City of Alturas Zoning Ordinance — General Development Standards, Table 28.41.020 and § 28.41.020 (development standards matrix). Numeric table content: image/table in ordinance.
City of Alturas Zoning Ordinance — Commercial/Industrial zone descriptions (C1, C2, M1, M2): § 28.21.030.
City of Alturas Zoning Ordinance — Overlay Districts (Downtown Historic -DH): § 28.23.050. Alturas Overlay Districts

If you need the exact numeric setbacks, lot sizes, or the Land Use Matrix cells for a specific parcel, consult the official Chapter 28 tables in the City's code or contact the Planning Department—those numbers are given in Table 28.41.020 and Table 28.22.020 (images/tables). Not found in retrieved materials as transcribed numeric tables.

Sources

Retrieved passages

Alturas Zoning Code (Article V) High relevance
CBC § 28.31.020 (chapter and) High relevance
CBC § 503 (Article VIII) High relevance
Alturas Zoning Code (Article VIII) High relevance
CBC § 503 (Article I) High relevance
CBC § 28.31.020 (Article VIII) High relevance
Alturas Zoning Code (Article VIII) High relevance
Alturas Zoning Code (Section 28.52.090) Medium relevance
Alturas Zoning Code (Article VI) Medium relevance
Alturas Zoning Code (Section 28.52.090) Medium relevance
Alturas Zoning Code (Article III) Medium relevance
Alturas Zoning Code (Article II) Medium relevance
Alturas Zoning Code (Article VIII) Medium relevance
Alturas Zoning Code (Article IV) Medium relevance
Alturas Zoning Code (CHAPTER 28.) Medium relevance
Alturas Zoning Code (Article V) Medium relevance
Alturas Zoning Code (Article II) Medium relevance
Alturas Zoning Code (Article III.) Medium relevance
Alturas Zoning Code Medium relevance
California Residential Code Medium relevance
CRC § 115 Medium relevance
California Residential Code Medium relevance
CRC § 115 Medium relevance
CRC § 106 Medium relevance
Alturas Zoning Code (Chapter 28) Medium relevance

Cited sections

Official Alturas code library

Frequently asked questions

What can I build on an R-1 lot in Alturas?

In R-1 you can build or keep a single-family detached dwelling and normal accessory structures subject to the R‑1 development standards in Table 28.41.020 and the Land Use Matrix § 28.22.020; if the existing building is nonconforming you may repair or restore it per § 28.62.030 (and must meet the current Building Code for structural work). For exact setbacks and lot-size minima consult Table 28.41.020.

What are Alturas' setback requirements for my lot?

Setback and other dimensional standards are given in Table 28.41.020 and are applied to each Primary Zone (see § 28.41.020). The nonconforming rules require nonconforming lots to still meet zone development standards for any new work (§ 28.62.060). The code text points to the table for numeric values; the ordinance transcribes the matrix as a table image. Not found in retrieved materials as plain-text numbers—verify the table or contact Planning.

If a business in Alturas stopped for 6 months, does it lose nonconforming status?

Yes. A legal nonconforming use that has ceased or been abandoned for a continuous period of six months or more automatically loses its nonconforming status under § 28.62.040(B) (with exceptions for certain agricultural operations). Keep proof of continuous operation if you expect to contest abandonment.

Can I expand a nonconforming use (add floor area or extra seats)?

Minor repairs are allowed, but any enlargement or increase in intensity is tightly controlled. Structural increases that result in more than a 20% increase in area devoted to the nonconforming use (cumulative over time) are not allowed without Commission approval; expansions or substitutions generally require a Use Permit and the findings in § 28.62.050.

Do I need design review or site plan review for work on a nonconforming building?

Site Plan or Site Plan Review is required for most high-density residential, commercial, and industrial projects as described in Article IV; if you propose an expansion that triggers discretionary review you will follow the Use Permit / Site Plan process (Articles IV–V). For minor repairs to single-family properties some reviews are waived. See § 28.42.010 and related Site Plan rules; consult the Alturas Design Review info.

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

You may restore a nonconforming structure up to its predamage size and placement if the damage is not “Substantial Damage” (Article VIII definition) and repairs are completed within three years; see § 28.62.030(C). If the damage is Substantial you will likely face limits on rebuilding—verify with the Building Division.

Will nonconforming status excuse code or nuisance violations?

No. The nonconforming provisions explicitly say they do not permit operation in a way that constitutes a public or private nuisance or danger to public health and safety (§ 28.62.090). Nonconforming status is not a defense to regulatory violations.

Can a nonconforming lot be developed even if it’s smaller than today’s minimum lot size?

Yes: a legally created nonconforming lot may be developed with uses allowed in its zone, but any new development still must comply with the zone’s development standards (setbacks, etc.) per § 28.62.060; you may need Variances for dimensional relief.

How does Alturas treat nonconforming ADUs and accessory dwellings?

Alturas’ nonconforming rules require Building Code compliance for repairs and restoration and the nonconforming-use limits apply. At the same time, state ADU law imposes constraints on local denial practices — for ADU-specific nonconforming questions consult Alturas ADU rules and state guidance; see Alturas ADUs and California ADU law. The local nonconforming rules (20% cap, six‑month lapse, repair rules) remain relevant; verify with Planning.

Who decides whether a nonconforming use can expand?

The Planning Commission (subject to appeal to City Council) is the decision body for changes/expansions under § 28.62.050, following Use Permit procedures and the required findings in that section.

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