Barstow — Nonconforming Uses

Last reviewed: July 3, 2026

Overview

The City of Barstow treats nonconforming uses and structures as temporary, lawful-but-outdated conditions that may continue in place but are tightly limited so they cannot expand or be indefinitely rebuilt. The rules that control continuation, repair, changes of use, abandonment, and restoration after damage live in Chapter 19.38 of the Barstow Zoning Ordinance; key cross-references appear through the residential (Chapter 19.10), commercial (Chapter 19.16), diverse-use (Chapter 19.12) and industrial (Chapter 19.18) chapters. See the local Zoning overview for context on district boundaries and mapping. § 19.38.010 defines purpose and § 19.38.020–130 set specific rules.

How Barstow's nonconforming regime works (plain structure of rules)

• A nonconforming use is a use lawfully established under prior rules that today would not be allowed in that zoning district. § 19.38.010 lays out that purpose: allow continuation but phase-out over time.
• A nonconforming structure is a lawfully-built structure that today violates development standards such as lot coverage, setbacks, or height. The definition and policy are in § 19.38.010.
• Continuation and routine maintenance of nonconforming uses/structures are permitted, but enlargement, movement, or alterations that increase the nonconformity are prohibited except in tightly defined circumstances. See § 19.38.020–040.
• Special rules apply for changes of use, abandonment, repair after damage, signs, annexed parcels and ADU conversions — each is addressed by a specific subsection of Chapter 19.38.

District-by-district breakdown

Below are the Barstow districts most commonly implicated by nonconforming situations. For each district I summarize: purpose, typical permitted uses, key dimensional/development standards you’ll need to check when determining whether a building or use is nonconforming, and where the district chapter appears in the code.

Note: the ordinance uses short district codes; I bold the district names and the controlling numeric standards so you can scan quickly. Where a later rule in Chapter 19.38 controls the nonconforming treatment I cite that § as well.

ER (Estate Residential) — (§ 19.10.010)

• Purpose: lowest-density residential (estate lots); retains large front and rear yards. See the residential lot table at § 19.10.010.
• Typical permitted uses: single-family residences and accessory uses that are allowed in single‑family zones. See Chapter 19.10 and the ADU rules.
• Key dimensional standards: front setback 25 ft (or 15 ft street side), side 10 ft, rear 25 ft, garage/carport 25 ft, max stories three (see table at § 19.10.010). These standards are what a previously built structure can conflict with and therefore become a nonconforming structure under § 19.38.010.

LDR (Low Density Residential) — (§ 19.10.010)

• Purpose: conventional single-family lots at suburban densities.
• Typical permitted uses: single-family dwellings, accessory uses subject to ADU rules.
• Key dimensional standards: front 25 ft, side 10 ft, rear 25 ft, garage 25 ft, max stories three. Any structure built before these rules but that violates them is a nonconforming structure covered by Chapter 19.38.

SFR (Single‑Family Residential) — (§ 19.10.010 & § 19.10.040)

• Purpose: typical single-family district.
• Typical permitted uses: single-family dwellings and accessory uses; ADUs allowed under local ADU rules (special nonconforming note below).
• Key dimensional standards: front 10 ft, side 5 ft, rear 5 ft, garage 24 ft, maximum lot coverage 45%, two stories. If an existing home violates these standards it is a nonconforming structure and Chapter 19.38 limits enlargement and restoration.

Special ADU note: Barstow’s ADU rules state that “Notwithstanding the provisions of chapter 19.38, if the existing primary residence is a legal nonconforming unit, an accessory dwelling may be constructed only if the nonconformity is not expanded and the ADU meets current standards.” See § 19.10.070(i). That creates a narrow path to add an ADU where the primary structure is nonconforming — do not assume automatic denial.

(Link to the city ADU summary is provided in the text: see Barstow ADUs.)

MDR (Medium‑Density Residential) — (§ 19.10.040 et seq.)

• Purpose: multiple‑family housing and higher-density residential development.
• Typical permitted uses: multiple‑family dwellings, boarding houses, lodging, apartments, and other uses listed at § 19.10.040; some uses are allowed with conditional use permits.
• Key dimensional standards: varied setbacks; outdoor living area requirements (15% or alternate 5% with landscaping); consult § 19.10; nonconforming apartments are governed by Chapter 19.38 for repairs and rebuilds.

DU (Diverse Use) — (§ 19.12.010–030)

• Purpose: encourage mixing of residential, office and commercial uses; allows interplay of SFR/MDR/C district uses in one place.
• Typical permitted uses: any use allowed in SFR, MDR, and many C uses (subject to conditional permits for some). See § 19.12.020–030.
• Key dimensional standards: front/street side 15 ft, interior side 5 ft, rear 5 ft, minimum lot 6,000 sq ft, lot coverage and FAR rules in § 19.12.040–070. Nonconforming structures in DU are still limited by Chapter 19.38 (no expansions that increase nonconformity).

C (Commercial District) — (§ 19.16.020–120)

• Purpose: general commercial goods and services along arterial corridors and shopping centers.
• Typical permitted uses: broad retail, services, restaurants, hotels, and certain conditional uses such as adult businesses and gas stations (see list in § 19.16.020–030).
• Key dimensional standards: lot area minimum 8,000 sq ft, front/rear yards 15 ft when abutting residential, side yard 10 ft when abutting residential, building height limits that step down adjacent to single-family (35 ft adjacent to single-family; 45 ft on arterial). Nonconforming commercial uses with only parking or yard deficiencies may be enlarged provided the addition itself is fully conforming; see § 19.38.090.

(Link to Barstow Zoning and Barstow Parking are provided in the text.)

I (Industrial District) — (§ 19.18.010–170)

• Purpose: accommodate industrial and manufacturing uses that may be incompatible with residential uses; includes controls on nuisances, setbacks and screening.
• Typical permitted uses: manufacturing, warehousing, freight, vehicle repair centers (with standards), and similar industrial activities listed in § 19.18.020.
• Key dimensional standards: front setbacks 10 ft (local)/50 ft (arterial), rear/side yards 10 ft (but 50 ft where adjoining residential), max coverage 50%, max heights 35 ft adjacent to residential / 55 ft otherwise. A structure or use that predates those standards becomes a nonconforming structure/use and is limited by Chapter 19.38 (e.g., no enlargement that increases the nonconformity).

O (Open Space) and MZ (Military Zone) — (§ 19.20.010, 19.20.020)

• Purpose and permitted uses are narrowly tailored (parks, flood control, military uses). Nonconforming structures that come into the city via annexation or change in rules are subject to Chapter 19.38; see § 19.20.010 and § 19.20.020.

Quick reference: decision‑relevant nonconforming rules (table)

Practical guidance and plain-English interpretation (strategic)

• If you own a building or business that no longer meets today's setbacks, lot coverage, height, or allowed uses, you normally may keep operating but you generally cannot expand the building or extend the nonconforming use into additional area or into new buildings. (See § 19.38.030–040.)
• Small repairs and ordinary maintenance are safe; structural remodeling, adding square footage, or moving walls that increase the nonconformity almost always triggers the need to bring the changed part into full compliance or to eliminate the nonconformity. (See § 19.38.080–110.)
• If a nonconforming building is more than half destroyed (by fire, flood, etc.), you cannot rebuild it as it was — the rebuilt portion must conform to the current rules (the 50% valuation test applies). Start repairs within one year and pursue them diligently to preserve rights when damage is ≤50%. (See § 19.38.070.)
• For commercial properties with only a parking or yard deficiency, limited enlargements are permitted provided the new addition is fully conforming (so you cannot compound the nonconformity). (See § 19.38.090.)
• For residential owners wanting an ADU: the code allows ADUs where the main dwelling is a legal nonconforming unit only if the nonconformity is not expanded and the ADU meets current standards (see § 19.10.070(i)), and ADU-specific state law also impacts approvals. Verify with the city whether the existing nonconforming condition will block the ADU.

(For context on parking and development dimensions that are used to judge nonconforming status, see the city’s development standards and parking sections linked in the page — e.g., Barstow Development Standards and Barstow Parking.)

Checklist — what an applicant (owner) must satisfy or expect

• Confirm whether the use and structure were lawfully established prior to the ordinance change (document chain: business licenses, building permits, dated photos, prior site approvals). See § 19.38.010.
• Determine the nature of the nonconformity (use vs. structure vs. sign vs. parking) and whether the applicant seeks only maintenance or a change that would enlarge/alter the nonconformity. See § 19.38.020–040.
• For repairs after damage, prepare a cost estimate vs. replacement valuation to apply the 50% threshold and plan timeline so reconstruction begins within one year if you want to preserve restoration rights. See § 19.38.070.
• If proposing any enlargement or conversion (including ADU), show the new work will be fully conforming or that the work would eliminate the nonconforming condition (otherwise it may be disallowed). See § 19.38.030, § 19.38.040, § 19.38.090–100.
• If the property was annexed after the effective date, expect Chapter 19.38 to apply to the nonconformity and to require compliance for additions. See § 19.38.120.
• For signs, confirm abandonment periods (90 days) and abatement schedules before changing or expanding sign messages. See § 19.38.130 and sign rules in § 19.06.060.

Risks & Ambiguities

Plain-English Summary

If your Barstow building or business predates current zoning and doesn't meet today's rules, you usually may keep operating and do routine repairs — but you cannot expand or re‑establish the same nonconforming condition after long abandonment or after catastrophic damage above a 50% rebuilding threshold. For ADUs and small additions there are narrow exceptions; always confirm with the Community Development Department before you start. See Chapter 19.38 for the rules.

Source References

• Barstow Municipal Code — Chapter 19.38. Nonconforming Uses (definitions, continuation, alterations, abandonment, restoration, signs): § 19.38.010–130.
• Barstow Municipal Code — Chapter 19.10. Residential Districts (ER, LDR, SFR, MDR lot and setback table): § 19.10.010 and related subsections.
• Barstow Municipal Code — Chapter 19.12. DU Diverse Use (purpose, uses, development standards): § 19.12.010–030.
• Barstow Municipal Code — Chapter 19.16. Commercial District (permitted uses, setbacks, height): § 19.16.020–120.
• Barstow Municipal Code — Chapter 19.18. Industrial District (uses, setbacks, heights): § 19.18.010–170.
• Barstow Municipal Code — Accessory Dwelling Units: § 19.10.070(i) (nonconforming unit / ADU interaction).
• Barstow Municipal Code — Off‑street parking: § 19.06.050 (how parking deficiencies interact with nonconforming uses).

(Internal topic links used in the page: Barstow Zoning & Planning overview, Barstow Zoning, Barstow Land Use, Barstow Development Standards, Barstow Parking, Barstow Design Review, Barstow Overlay Districts, Barstow ADUs, California Building Standards Code — see their first inline occurrences above.)

Retrieved passages

• CBC § 19.38.040 (§ 19.38.040) High relevance show source text
• Barstow Zoning Code (§ 19.36.020) High relevance show source text
• Barstow Zoning Code (title or) High relevance show source text
• Barstow Zoning Code (§ 19.38.090) High relevance show source text
• Barstow Zoning Code (§ 19.38.020) High relevance show source text
• Barstow Zoning Code (chapter is) High relevance show source text
• CBC § 19.38.070 (§ 19.38.070) High relevance show source text
• Barstow Zoning Code (title within) High relevance show source text
• Barstow Zoning Code (chapter 19.30) Medium relevance show source text
• Barstow Zoning Code (section are) Medium relevance show source text
• Barstow Zoning Code (§ 19.30.020) Medium relevance show source text
• Barstow Zoning Code (Title 19) Medium relevance show source text
• Barstow Zoning Code (§ 19.28.090) Medium relevance show source text
• Barstow Zoning Code (§ 119300) Medium relevance show source text
• Barstow Zoning Code (chapter 19.30) Medium relevance show source text
• Barstow Zoning Code (§ 1) Medium relevance show source text
• Barstow Zoning Code (title 19) Medium relevance show source text
• Barstow Zoning Code (§ 1) Medium relevance show source text
• Barstow Zoning Code (chapter 19.26) Medium relevance show source text
• CGBSC § 19.06.090 (section 106.6) Medium relevance show source text
• Barstow Zoning Code Medium relevance show source text
• Barstow Zoning Code (§ 2) Medium relevance show source text

Cited sections

• Barstow Municipal Code — **Chapter 19.38. Nonconforming Uses** (definitions, continuation, alterations, abandonment, restoration, signs): **§ 19.38.010–130**. (Chapter 19.38.)
• Barstow Municipal Code — **Chapter 19.10. Residential Districts** (ER, LDR, **SFR**, **MDR** lot and setback table): **§ 19.10.010** and related subsections. (Chapter 19.10.)
• Barstow Municipal Code — **Chapter 19.12. DU Diverse Use** (purpose, uses, development standards): **§ 19.12.010–030**. (Chapter 19.12.)
• Barstow Municipal Code — **Chapter 19.16. Commercial District** (permitted uses, setbacks, height): **§ 19.16.020–120**. (Chapter 19.16.)
• Barstow Municipal Code — **Chapter 19.18. Industrial District** (uses, setbacks, heights): **§ 19.18.010–170**. (Chapter 19.18.)
• Barstow Municipal Code — **Accessory Dwelling Units**: **§ 19.10.070(i)** (nonconforming unit / ADU interaction). (§ 19.10.070)
• Barstow Municipal Code — **Off‑street parking**: **§ 19.06.050** (how parking deficiencies interact with nonconforming uses). (§ 19.06.050)
• Barstow_ZoningCode.md

• Official Barstow code library