Local zoning · Bakersfield

Bakersfield — Nonconforming Uses

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

Last reviewed: July 3, 2026

Overview

This page explains how the City of Bakersfield treats legal nonconforming uses, nonconforming structures, and nonconforming lots under Title 17 (Zoning). It synthesizes the city's rules for continuation, repair, rebuilding, abandonment, expansion, annexation effects, and the process for any permitted changes — all grounded in the Bakersfield Municipal Code. Key deadlines and decision points are highlighted so property owners and applicants can verify next steps with the Planning Department. Relevant cross-topics like parking, setbacks/development standards, and design review are linked to Bakersfield reference pages when they are first mentioned below.

What the ordinance says (core rules)

Purpose: Chapter 17.68 governs the life-span and limits of legal nonconforming situations; it aims to prevent unchecked expansion of nonconformities while protecting property owners’ rights. See § 17.68.010 .
Continued use of structures: A legal nonconforming structure may generally be continued, repaired, altered and even restored after involuntary damage up to its pre‑damage size and placement, subject to current code requirements and time limits for permits and completion. See § 17.68.020(A)–(F) .
Continued use of nonconforming uses: A legal nonconforming use may continue without change in intensity, and ownership or tenancy changes do not, by themselves, terminate status — but there are abandonment and repair rules. See § 17.68.030(A)–(H) .
Expansion/changes: Expansion or a change to another nonconforming use is not automatic — the Planning Commission or City Council may allow changes or enlargements, using the conditional use permit procedures and special findings. See § 17.68.040(A)–(E) .
Nonconforming lots: A lot that was lawful when created may be used even if it no longer meets present dimensional requirements, but the City will not permit permits for lots that were illegally created. See § 17.68.050(A)–(B) .
Under-construction protections: If a building permit was issued and remains valid when an ordinance makes the use/structure nonconforming, completion deadlines apply: one year for uses and two years to complete structures. See § 17.68.060(A)–(B) .
Annexation: Uses, structures or lots that were lawful under Kern County but become nonconforming by annexation are treated as legal nonconforming. See § 17.68.070 .
Burden of proof: The property owner/applicant bears the burden of proving a use or structure is a lawful nonconforming condition. See § 17.68.080 .
Illegal nonconformities: The chapter does not legalize uses or structures that were unlawful when established; those are subject to abatement. See § 17.68.090 .
Signs, parking and landscaping: Nonconforming signs, parking and landscaping are handled in their own chapters (signs: Chapter 17.60; parking: Chapter 17.58; landscaping: Chapter 17.61) — the nonconforming chapter specifically defers to those chapters. See § 17.68.100 .

(When the ordinance refers to the “most recent city adopted Building Code” for repair/reconstruction standards, verify building-permit requirements against the city's building-code pages and Title 24.) The city ties reconstruction and repair work to the current building code (§ 17.68.020(C),(E),(F)) .

District-by-district reference (how nonconforming rules interact with each Bakersfield zone)

Below are common zone summaries (purpose, typical permitted uses, key dimensional standards). These summaries are intended to help you interpret how nonconforming rules operate in that specific district — the nonconforming rules themselves live in Chapter 17.68 (see citations above).

Note: for more on dimensional standards and front/side/rear setbacks, see the city's development standards link; for parking requirements see the parking link; for design review requirements see the design review link.

R-1 (Single-Unit Dwelling Zone)

Purpose: Low-density single-family residential (default for unzoned/annexed property) § 17.06.040–.050 .
Typical permitted uses: Single-family dwellings, accessory structures, home occupations (see Table 17.10‑1). See § 17.10.020—Table 17.10‑1 .
Key dimensional standards: Minimum lot areas and setbacks set in Table 17.10‑2 and related residential standards; front setbacks to living space and garage rules appear in the residential standards § 17.10.030 and Table 17.10‑2 (see pages describing front/side/rear/minimum lot area) .
Where it applies: Citywide residential neighborhoods; note: R‑1 is the default for unzoned annexations § 17.06.040–.050 .
Nonconforming interaction: Nonconforming single-family structures can be repaired or rebuilt per § 17.68.020; nonconforming uses (for example, home business beyond allowed intensity) are limited by § 17.68.030 .

R-2 / R-3 / R-4 / R-5 / R-6 (Small-lot to high-density multi‑unit zones)

Purpose: Gradations of multi‑unit residential density; additional objective standards for R-4, R-5, R-6 and MX zones are in § 17.14.040 .
Typical uses: Multi‑unit dwellings, some low‑intensity commercial/service uses in specified zones (see Table 17.10‑1). See § 17.10.020 .
Key dimensional standards: Table 17.10‑2 (setbacks, height, parcel area per dwelling) and the text under § 17.10.030 and related subsections; e.g., side/rear setback adjustments for multi‑unit adjacency § 17.10.030–.040 .
Nonconforming interaction: Additions to nonconforming structures must comply with Title and the adopted Building Code; expansion of a nonconforming use requires the conditional‑use findings in § 17.68.040 .

C-1 (Neighborhood Commercial) and C-2 (Regional Commercial)

Purpose: Local-serving retail/services (C‑1) vs. broader commercial (C‑2). See Chapter 17.22 (C‑1) and Chapter 17.24 (C‑2); permitted uses and additional conditions appear in those chapters and Table 17.XX for commercial zones § 17.22.010; § 17.24 .
Key dimensional standards: Commercial chapters and general development standards (setbacks, parking) — front yard rules vary by commercial zone; parking standards are in Chapter 17.58. See § 17.20.060–.110 (C‑O example) for how front/side/rear yards are set in office/commercial contexts .
Nonconforming interaction: Nonconforming commercial uses are subject to the same continuation, abandonment, and expansion rules in Chapter 17.68; changes to a nonconforming commercial use that expand intensity require the § 17.68.040 findings and use of conditional‑use procedures .

C-B (Central Business) and C-C (Commercial Center)

Purpose & uses: Downtown-scale commercial and central business district uses; uses subject to director review or conditional use (see § 17.25.030–.050 and § 17.26.030–.050) .
Dimensional standards and additional site requirements (site plan review, landscaping, parking) are referenced in each chapter and by cross‑reference to Chapters 17.58/17.61 and site‑plan rules § 17.25.050 .
Nonconforming interaction: Same Chapter 17.68 rules apply; downtown properties with nonconforming features may have additional design‑review obligations — see design review link for procedural triggers.

M-1 / M-2 / M-3 (Industrial)

Purpose: Light to heavy industrial uses; setbacks and yard requirements depend on adjacency to residential zones; see § 17.28.050–.090 (M‑1) and Chapter 17.30 (M‑2) for specifics on front/side/rear yard rules and minimum lot area .
Nonconforming interaction: Industrial buildings damaged by involuntary events may be rebuilt to pre‑damage size per § 17.68.020(A),(H) but must comply with current regulations and obtain permits within the stated timeframes .

MH (Mobile Home Zone)

Purpose: Regulates mobile home parks and mobile home subdivisions; permitted uses and park standards are in Chapter 17.50 § 17.50.010–.080 .
Nonconforming interaction: Uses lawful before rezoning/annexation remain legal nonconforming per § 17.68.070; replacement or repair of nonconforming mobile‑home park structures follows Chapter 17.68 rules with plan/permit timelines in § 17.68.020 .

MX‑1 / MX‑2 (Mixed-Use Zones)

Purpose: Allow combinations of residential and nonresidential uses with mixed‑use development standards in § 17.12.030 and Table 17.12‑2 (density, site and structure rules) .
Nonconforming interaction: Mixed‑use sites with preexisting nonconforming uses or structures follow Chapter 17.68 for continuation, repair and possible conditional approvals for expansions § 17.68.040 .

TT (Travel Trailer Park Zone) and R‑H (Residential Holding)

TT: Park design and permitted uses in § 17.48.010–.050; nonconforming uses within the TT zone are subject to Chapter 17.68 protections and limitations § 17.68.020–.030 .
R‑H: Holds land for future urbanization; described in general zone definitions and the R‑zone chapters; nonconforming rules apply on a case‑by‑case basis (e.g., agricultural uses that are fallow) § 17.10.020 and the agricultural/fallow exception in § 17.68.030(C) .

Quick decision‑relevant table (high‑value points)

What it controls	Rule / standard	Code reference
Abandonment period that ends nonconforming status	1 year continuous cessation (except certain agricultural fallow up to 3 years) — nonconforming use lost if abandoned 1 year	§ 17.68.030(C)
Rebuilding after involuntary destruction	Restore up to pre‑damage size/placement; building permit obtained within 2 years and completed within 3 years	§ 17.68.020(A)
Uses/structures under valid permit when ordinance changed	Uses: commence within 1 year; Structures: complete within 2 years	§ 17.68.060(A)–(B)
Expansion or change of nonconforming use	May be allowed by Planning Commission/City Council using conditional use permit procedures and specific findings	§ 17.68.040(A)–(E)
Legal nonconforming lot	Lawfully created lot may be developed if conforming to zone regulations; illegal subdivisions receive no permit	§ 17.68.050(A)–(B)
Burden of proof who proves status	Owner/applicant must prove lawful, continuing existence	§ 17.68.080
Signs/parking/landscaping nonconforming rules	Not regulated in Chapter 17.68 — see sign, parking, landscaping chapters	§ 17.68.100

Checklist — what an applicant must provide (typical)

Demonstrate the use or structure was lawfully established (historic permits, business licenses, tax records, dated photographs). Burden of proof per § 17.68.080 .
If proposing expansion/change to a nonconforming use, submit conditional use permit materials and make the findings required in § 17.68.040(E); follow Chapter 17.64 CUP procedures .
For reconstruction after involuntary damage, apply for building permits within the 2‑year window and complete work within 3 years where required; coordinate with building inspection and the city's adopted Building Code link (Title 24) § 17.68.020(A) .
If the use ceased, confirm whether the cessation is less than 1 year (or up to 3 years for managed agricultural fallow) to avoid loss of status § 17.68.030(C) .
If the property was annexed from Kern County, document lawful status under county rules to claim legal nonconforming under § 17.68.070 .
Check related chapters for nonconforming signs, parking, and landscaping (Chapters 17.60, 17.58 and 17.61) rather than Chapter 17.68 § 17.68.100 .
Confirm any repairs or additions meet the most recent City‑adopted Building Code and obtain building permits § 17.68.020(C),(E) .
When in doubt, consult Planning Director/Planning Commission — appeals and determinations follow the procedures in Chapters 17.64 and 16.52 where noted.

(Links: see Bakersfield Development Standards for setbacks and the Bakersfield Parking page for parking rules; see Bakersfield Design Review for design triggers.)

Risks & Ambiguities

Issue	Why it matters	What to verify
Is the use “legal nonconforming” or illegal?	Illegal nonconforming uses are not protected and must be abated § 17.68.090	Gather historical permits/business records and prepare to meet burden of proof per § 17.68.080
Abandonment vs. short temporary closure	A one‑year continuous cessation ends nonconforming status; agricultural fallow has special allowance up to 3 years § 17.68.030(C)	Document continuity (leases, maintenance, cropping plans for ag). Verify whether cessation was continuous and exceeds 1 year.
Rebuilding timeframes after damage	Missing the 2‑year permit/ 3‑year completion window can forfeit rights to restore § 17.68.020(A)	Confirm permit date and track timelines with Building Department.
Expansion is discretionary	Expansion/change of nonconforming use requires CUP findings; not automatic § 17.68.040	Expect public hearing and findings (public convenience/welfare, consistency with ordinance intent). Prepare evidence of economic necessity and lack of alternative conforming property.
Signs / Parking / Landscaping	Chapter 17.68 excludes these; separate rules apply § 17.68.100	Consult Chapter 17.60 (signs), 17.58 (parking), 17.61 (landscaping) and confirm if nonconforming features there have different amortization or removal rules.
Annexation history	If the use was legal under Kern County, it becomes legal nonconforming on annexation § 17.68.070	Obtain County records that prove lawful establishment prior to annexation.
ADUs and nonconformance	State ADU law interacts with local nonconforming conditions — but specific local cross‑rules are not spelled out in Chapter 17.68	Verify with the Planning Department and the city's ADU page; see California ADU law for state constraints. If local code does not address, note: Not found in retrieved materials.

Plain‑English summary

Bakersfield’s zoning code lets a use or building that was legal when established continue even if later rules make it “nonconforming,” but there are limits: owners must prove the prior legality, cannot increase intensity except by conditional permit and findings, must avoid abandonment (generally 1 year) or lose protection, and must meet building‑code and permit deadlines for repairs or rebuilding (see § 17.68.020–.060) .

Source References

Bakersfield Municipal Code, Title 17 — Chapter 17.68 Nonconforming Uses, Structures and Lots (see § 17.68.010 – § 17.68.100) § 17.68.010; § 17.68.020; § 17.68.030; § 17.68.040; § 17.68.050; § 17.68.060; § 17.68.070; § 17.68.080; § 17.68.090; § 17.68.100
Residential zones and development standards (Table 17.10‑1; Table 17.10‑2; § 17.10.020–.030) — used to summarize R‑zone dimensional context § 17.10.020; § 17.10.030
Mixed‑use and objective standards for higher‑density zones (§ 17.12.030; § 17.14.040)
C‑B (Central Business) rules and permitted uses (§ 17.25.030–.050)
C‑C (Commercial Center) rules (§ 17.26.030–.050)
M‑1 front/side/rear yard requirements (§ 17.28.050–.090) and M‑2 chapter (Chapter 17.30)
MH mobile home zone and use list (Chapter 17.50)
Nonconforming signs, parking, landscaping cross‑references: Chapters 17.60 (signs), 17.58 (parking) and 17.61 (landscaping) — see § 17.68.100
Bakersfield Zoning and related pages (for procedural, development‑standards, parking, design review, overlays and ADU references) — internal site navigation links used above: Bakersfield zoning & planning overview (/us/california/bakersfield), Bakersfield Zoning (/us/california/bakersfield/zoning), Bakersfield Land Use (/us/california/bakersfield/land-use), Bakersfield Development Standards (/us/california/bakersfield/development-standards), Bakersfield Parking (/us/california/bakersfield/parking), Bakersfield Design Review (/us/california/bakersfield/design-review), Bakersfield Overlay Districts (/us/california/bakersfield/overlay-districts), Bakersfield ADUs (/us/california/bakersfield/adu), California Building Standards Code (/us/california/building-codes) — use these pages to follow up on parking, setbacks, design review, overlays, and building‑code interactions.

Sources

Retrieved passages

Bakersfield Zoning Code (Chapter 17.64) High relevance
CBC § 4 (chapter specifies) High relevance
CBC § 26 (Title 17) High relevance
Bakersfield Zoning Code (§ 27) High relevance
CBC § 1 (§ 1) High relevance
CBC § 1 (Title 17) High relevance
Bakersfield Zoning Code (§ 3) High relevance
Bakersfield Zoning Code (§ 4) High relevance
Bakersfield Zoning Code (Title 17) Medium relevance
Bakersfield Zoning Code (Title 17) Medium relevance
Bakersfield Zoning Code (§ 3) Medium relevance
Bakersfield Zoning Code (§ 1) Medium relevance
Bakersfield Zoning Code (§ 4) Medium relevance
Bakersfield Zoning Code (Section Freestanding) Medium relevance
Bakersfield Zoning Code (Section Government) Medium relevance
Bakersfield Zoning Code (Title 17) Medium relevance

Cited sections

Official Bakersfield code library

Frequently asked questions

What does Bakersfield define as a “legal nonconforming use”?

A “legal nonconforming use” is a use that complied with the zoning ordinance in effect when it was established but no longer conforms to current zoning. The definition and basic approach are in § 17.04.476 and Chapter 17.68 sets how such uses may continue or be altered § 17.68.010–.030 .

How long can a nonconforming commercial use be left vacant before losing its status?

If a legal nonconforming use ceases or is abandoned for a continuous period of one year, it loses nonconforming status; there is a specific agriculture exception for fallow managed agricultural land (up to three years) § 17.68.030(C) .

If a nonconforming building burns down, can I rebuild it?

Yes — a nonconforming structure involuntarily damaged may be restored up to its pre‑damage size and placement, but building permits must be applied for within two years and completed within three years of the damage § 17.68.020(A) . All reconstruction must meet current adopted building‑code standards.

Can I expand a nonconforming use (for example, increase floor area or intensity)?

Expansion is not automatic. The Planning Commission or City Council can allow enlargement or a change to another nonconforming use through conditional use permit procedures, but they must make specific findings (public convenience/welfare, consistency with ordinance intent, positive area impact, lack of alternative conforming property, etc.) § 17.68.040(A)–(E) .

Are nonconforming signs and parking covered by Chapter 17.68?

No. Chapter 17.68 explicitly excludes nonconforming signs, parking, and landscaping; those are regulated in Chapters 17.60 (signs), 17.58 (parking), and 17.61 (landscaping) respectively § 17.68.100 .

If my property became part of the City by annexation and no longer conforms, is it protected?

Yes. Any use, structure, or lot lawfully established under Kern County that becomes nonconforming by annexation is treated as legal nonconforming under City code § 17.68.070 .

Who has to prove that a use or structure is legally nonconforming?

The property owner or the party claiming the right to continue the nonconforming use has the burden of proof to establish lawful and continuing existence § 17.68.080 .

If I voluntarily demolish a portion of a nonconforming structure, can it be rebuilt later?

Voluntarily destroying or removing a portion of a nonconforming structure causes loss of nonconforming status for the affected part; it generally may not be reconstructed as nonconforming § 17.68.020(B) .

Are there special timelines if I had a building permit when the ordinance changed?

Yes. If a structure or use was under valid construction with a city building permit when the ordinance rendered it nonconforming, completion deadlines apply: uses must commence within one year, structures completed within two years of the ordinance effective date, per § 17.68.060 .

How do Bakersfield’s residential setbacks affect nonconforming home repairs or additions?

Residential dimensional rules are in the R‑zone development standards (Table 17.10‑2 and § 17.10.030). Repairs and additions to a legal nonconforming structure must meet Title 17 and the Building Code — some additions are allowed only if they comply with current standards § 17.68.020(C),(E) . ---

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