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Bishop — Nonconforming Uses

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

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Last reviewed: July 1, 2026

Overview

This page distills how the City of Bishop’s Title 17 Zoning handles nonconforming uses, structures, and lots, and how those rules interact with district standards and select overlays. For broader context on how zoning, land use, and development fit together locally, see the Bishop zoning & planning overview, Bishop Zoning, Bishop Land Use, and Bishop Development Standards. Where a project implicates parking, signage, design review, overlays, or ADUs, also see Bishop Parking, Bishop Signage, Bishop Design Review, Bishop Overlay Districts, and Bishop ADUs.

What “nonconforming” means in Bishop

  • Definition. A nonconforming use is a “use that does not conform to the regulations for the district in which it is situated.”
  • Continuation limits. Nonconforming buildings or structures “shall not be enlarged, extended, reconstructed or structurally altered” unless the work brings the improvement into full compliance for its district. There is a specific carve‑out for residential structures that are substantially damaged or destroyed by a natural disaster or unintentional event; those may be reconstructed to the same footprint, total floor area, and height as before. Nonresidential nonconforming buildings may be maintained, repaired, or have portions replaced. See §17.80.010 and the parallel §17.04.080(A) language.
  • Discontinuance and loss of status. If a nonconforming use is discontinued or abandoned for a six‑month period, any subsequent use must conform. A nonconforming use of a building may be changed to another use of the same or more restrictive classification if a use permit is secured. See §17.80.020.
  • Permits. A land use permit is required for buildings/structures erected, altered, repaired, or moved, and for any change in character of land use. No building permit issues until the land use permit portion is completed and any necessary use permit/variance issued. See §17.80.030–.040.

Key nonconforming rules that frequently arise

  • Rebuilding after disaster (residential only). If an otherwise legal nonconforming residence is substantially damaged/destroyed by a natural disaster or unintentional event (e.g., fire, flood, storm, earthquake), it may be repaired or reconstructed to the same total floor area, footprint, and height. See §17.80.010 and §17.04.080(A).
  • Changing a nonconforming use. Allowed to another use of the same or more restrictive classification only with a use permit. See §17.80.020.
  • ADUs and nonconforming conditions. Bishop’s ADU chapter explicitly forbids the City from conditioning ADU approval on correcting nonconforming zoning conditions and bars denial based on existing nonconforming zoning conditions (and certain building issues) unless there’s a health/safety threat affected by the ADU work. See §17.75.020(D–E) and §17.75.100(E).
  • Parking when altering existing buildings. When an existing building is altered, enlarged, or intensified, additional off‑street parking is required to meet standards for the added portion; if pre‑existing parking was short, the added portion must meet the current standard. See §17.76.060(A–B).
  • Downtown Mixed‑Use Overlay (MUO‑DT) parking. In the MUO‑DT, a change of use in an existing building does not require additional parking, even if existing parking is nonconforming; additions that add new habitable/leasable floor area must meet overlay parking for the new area. See §17.46.150(C).

District-by-district implications for nonconforming uses

Bishop establishes districts in §17.04.040 and applies them via the adopted Zoning Map in §17.04.050. Use and dimensional standards define what is “nonconforming” on a site and what it would take to come into compliance. Always confirm a parcel’s mapped zone and any overlays before planning work.

A‑R Low Density Residential

  • Purpose/typical uses: Low‑density single‑family residential; certain home occupations and related residential uses per §17.16.020.
  • Key standards: 10,000 sf min lot area; 70 ft width; 100 ft depth; 25 ft front and rear setbacks; 5 ft side setbacks; accessory building siting rules in §17.16.060. Height citywide residential cap is 2 stories/26 ft (global rule used across residential chapters). See §§17.16.040–.060.
  • Nonconforming takeaways: Existing smaller lots or setback encroachments are nonconforming; enlargements must meet today’s A‑R standards unless the residential disaster rebuild allowance in §17.80.010 applies.

R‑1 Single‑Family Residential

  • Purpose/typical uses: Detached single‑family; limited accessory and home‑based uses (see §17.20.020 for enumerations including bed‑and‑breakfast standards).
  • Key standards: Base min lot area 5,000 sf (with density suffixes R‑1‑5,000, R‑1‑8,000, R‑1‑10,000, R‑1‑15,000); setbacks 15 ft front, 5 ft sides, 15 ft rear; height cap 2 stories/26 ft per residential rule. See §§17.20.040–.060.
  • Nonconforming takeaways: Front yard averaging and key‑lot exceptions in §17.20.050(D–E) can help reduce conformity gaps for new work; otherwise, additions must meet today’s standards, and discontinued nonconforming uses lose status after six months under §17.80.020.

R‑2 Low Density Multiple Residential

  • Purpose/typical uses: Duplexes or two detached dwellings; R‑1 uses also allowed. See §17.24.010–.020.
  • Key standards: min lot area “two single‑family units or one duplex per 5,000 sf”; setbacks 15/5/15 ft (front/side/rear); residential height cap 2 stories/26 ft. See §§17.24.040–.060.
  • Nonconforming takeaways: Older duplexes on substandard parcels or with reduced yards are nonconforming; expansions must comply. Corner‑lot yard and averaging rules in §17.76.040 and §17.24.050(F) may aid site planning to avoid perpetuating nonconformities.

R‑2000 Medium High Density Residential

  • Purpose/typical uses: Medium‑high density apartments and multifamily forms (see chapter standards).
  • Key standards: 5,000 sf min lot; 50 ft width; 100 ft depth; density min 2,000 sf of land per dwelling; yards 10/5/10 ft; residential height cap 2 stories/26 ft. See §§17.28.040–.060.
  • Nonconforming takeaways: Older multifamily that exceed today’s density or encroach into yards are nonconforming; intensification triggers today’s parking rules for the added portion per §17.76.060.

R‑M Residential Mobile Home

  • Purpose/typical uses: One single‑family mobile home per lot; accessory structures and home occupations per §17.44.020.
  • Key standards: 4,000 sf min lot; 40 ft width; 80 ft depth; yards 10/5/10 ft; residential height cap 2 stories/26 ft. See §§17.44.040–.060.
  • Nonconforming takeaways: Existing coach locations/setbacks that don’t meet today’s yards are nonconforming; maintenance is allowed, but expansions must meet current chapter standards per §17.80.010.

R‑2000‑P and R‑3‑P (Residential with Professional/Administrative Offices)

  • Purpose/typical uses: Residential districts that also allow professional/administrative offices; the City may establish conditions to protect adjacent residences. See similar framework in §17.40.020–.030 (Multiple Residential and/or Professional and Administrative Offices).
  • Key standards: Representative metrics include 5,000 sf min lot, 50 ft width, 100 ft depth, and 1,250 sf of land per dwelling; yards 10/5/10 ft; residential height cap 2 stories/26 ft. See §§17.40.040–.060.
  • Nonconforming takeaways: Nonresidential office uses lawfully established under prior rules may be nonconforming today; any change of use must be to the same or more restrictive classification with a use permit per §17.80.020.

C‑1 Commercial and Retail / C‑2 General Commercial

  • Purpose/typical uses: Broad retail/service mixes; detailed permitted lists in §17.52.020 (C‑1/C‑2) plus later amendments for tobacco/vaping.
  • Key standards: Min lot size 1,500 sf with 30 ft frontage for C‑1/C‑2; commercial height cap 2 stories/30 ft. See §§17.52.040–.050.
  • Nonconforming takeaways: Existing sites under 1,500 sf or with constrained frontage are nonconforming lots. A change of tenant/use that intensifies parking may require additional spaces for the added floor area per §17.76.060, unless inside the MUO‑DT where change of use in an existing building does not require additional parking per §17.46.150(C).

C‑H Commercial Highway

  • Purpose/typical uses: Auto‑oriented commercial such as motels and sales/repair uses per §17.56.020.
  • Key standards: Yards 15 ft front, 10 ft rear, 0 ft sides; height cap 2 stories/30 ft; min site 10,000 sf, 75 ft width. See §§17.56.040–.060.
  • Nonconforming takeaways: Older highway parcels with reduced front setbacks or undersized lots are nonconforming; signage and parking must meet current chapters when altered. See §17.52.060 (signs in commercial districts) and §17.76.060 (parking when altered).

M‑1 Light Industrial

  • Purpose/typical uses: Manufacturing, warehousing, and processing with performance standards to avoid pollution; permitted uses listed in §17.60.030 with parking at §17.60.070.
  • Key standards: Industrial height norm follows the 30 ft commercial cap unless otherwise specified; district requires adequate parking (e.g., one space per 400 sf GFA or 1 per 2 employees, whichever larger). See §17.60.070(A).
  • Nonconforming takeaways: Legacy industrial uses with outdoor impacts or insufficient parking are common nonconformities; expansions must comply with today’s M‑1 standards and parking rules for the added portion. See §17.76.060.

O‑P Office and Professional

  • Purpose/typical uses: Professional/medical offices and public/quasi‑public offices per §17.68.020.
  • Key standards: Max height 2 stories/30 ft; min parcel 7,500 sf, 60 ft width; front setback 15 ft; no rear yard; side yards only when abutting an R district. See §17.68.040.
  • Nonconforming takeaways: Sites with shallower front yards or smaller lots are nonconforming; changes that increase intensity can trigger parking at one space per 300 sf of usable floor area under §17.68.060 for the new/expanded area.

P Public Facilities; O‑S Open Space

  • Purpose/typical uses and key standards: Not found in retrieved materials. Verify with the jurisdiction.
  • Nonconforming takeaways: Apply the citywide nonconforming rules in §§17.80.010–.020 and general §17.04.080(A); check specific chapter standards when available.

Overlays affecting nonconformities

  • MUO‑DT Mixed Use Overlay (Downtown). Encourages active ground floors on Main/Line Streets and sets its own standards. Of note for nonconformities: no extra parking is required for change of use in an existing building, “even where the existing parking may be nonconforming.” New floor area must meet overlay parking for that new area. See §§17.46.050, 17.46.150(C).
  • BP Business Park Combining District. Can be combined with M‑1, C‑2, or C‑H and sets its own yard/landscaping minimums; combining may complicate whether a use is nonconforming as to yards or site design. See §§17.62.020–.060.

Practical table — what you can and can’t do with a nonconformity in Bishop

Action or condition Allowed? Key limits Code Reference
Continue a lawful nonconforming use Yes Use may continue unless discontinued for 6 months §17.80.020
Enlarge or structurally alter a nonconforming building Only if brought into full compliance Expansions/alterations must meet current district standards §17.80.010
Rebuild a destroyed nonconforming residence Yes Must match same footprint, total floor area, and height §17.80.010; §17.04.080(A)
Change a nonconforming use to another use Conditional Only to same or more restrictive classification; requires use permit §17.80.020; §17.80.030–.040
Maintain/repair a nonconforming nonresidential building Yes Portions may be replaced; no enlargement unless conforming §17.80.010
Approve an ADU on a site with nonconforming zoning conditions Yes (ministerial) City cannot require correction of nonconforming zoning conditions as a condition of approval §17.75.020(D–E); §17.75.100(E)
Require more parking when you add floor area to an existing building Yes Additional parking required for the added portion; fractional spaces round up §17.76.060(A–C)
Require more parking for a change of use in an existing downtown MUO building No No extra parking for change of use; additions must park the new area §17.46.150(C)

Checklist

  • Confirm the site’s base district and any overlays on the Zoning Map in §17.04.050 and MUO map context.
  • Document that the nonconforming use/structure was lawfully established and when it began.
  • Verify no discontinuance of the nonconforming use for more than six months (otherwise status is lost).
  • Scope of work: determine if it is maintenance/repair (generally allowed) versus enlargement/structural alteration (must meet current standards or use the residential disaster rebuild rule).
  • If changing use, confirm the new use is of the same or more restrictive classification and obtain a use permit as required.
  • Check parking: additions typically must park the added area; MUO change‑of‑use exception may apply downtown.
  • If proposing an ADU, do not plan to “fix” unrelated nonconforming zoning conditions; the City cannot condition ADU approval on that correction.
  • Coordinate any signage changes with commercial/office sign rules and the citywide sign chapter.
  • When in doubt, seek written confirmation from the Planning Department. Verify with the jurisdiction.

Risks & Ambiguities

Issue Why it matters What to verify
Proving lawful nonconforming status Burden is on the applicant; without proof, the City may treat the use as illegal Chain of permits, business licenses, assessor records, and dated photos; confirm with Planning
6‑month discontinuance clock Status is lost after 6 months; re‑establishing requires full conformance Dates of closure, utility shutoffs, vacancy, or change of tenant; any tolling due to disasters
“Same or more restrictive” classification A change of use is permitted only to a use not more intensive How the City classifies both the existing and proposed use in practice; use permit scope (§17.80.020)
Residential rebuild after disaster Allowed to same footprint, floor area, and height only Whether the event qualifies (natural/unintentional), and that the proposed plans match the prior metrics (§17.80.010; §17.04.080(A))
Parking with alterations Added area usually must be parked; rounding rules apply Whether MUO‑DT exception for change of use applies; how fractional spaces are rounded up (§17.76.060)
ADUs on nonconforming sites City cannot condition ADU approval on fixing nonconforming zoning conditions That the ADU proposal is ministerial and not creating a health/safety issue affected by the ADU work (§17.75.020(D–E), §17.75.100(E))

Plain-English Summary

If your property or use in Bishop doesn’t meet today’s zoning rules, you can usually keep using it, but you generally can’t enlarge it unless the addition meets current standards. If a nonconforming house is wrecked by a disaster or unintentional event, you can rebuild it the same size and height. Stop a nonconforming use for six months and you lose that status. Changing a nonconforming use requires a use permit and must be to something equally or more restrictive. ADUs are a special case: the City can’t make you fix unrelated nonconforming zoning conditions just to get an ADU approved.

Source References

  • Title 17 Zoning — districts list and map: §17.04.040; §17.04.050; rules of application §17.04.080(A)
  • Definitions — Nonconforming use: §17.08.250
  • Nonconforming provisions — existing, discontinued, permits: §17.80.010; §17.80.020; §17.80.030–.040
  • General regulations — parking with alterations: §17.76.060; corner‑lot yards: §17.76.040
  • ADUs and nonconforming conditions: §17.75.020(D–E); §17.75.100(E)
  • MUO‑DT overlay — process, parking: §17.46.050; §17.46.150(C)
  • A‑R standards: §17.16.040–.060
  • R‑1 standards: §17.20.040–.060; selected uses §17.20.020
  • R‑2 standards: §17.24.040–.060; purpose/uses §17.24.010–.020
  • R‑2000 standards: §17.28.040–.060
  • R‑M standards: §17.44.040–.060; uses §17.44.020
  • C‑1/C‑2 standards and signs: §17.52.040–.060; permitted uses §17.52.020
  • C‑H standards and uses: §17.56.020; §17.56.040–.060
  • M‑1 uses and parking: §17.60.030; §17.60.070(A)
  • O‑P uses and standards: §17.68.020; §17.68.040–.060
  • BP Combining District: §17.62.020–.060

Sources

Retrieved passages

  • Bishop Zoning Code (chapter may) High relevance
  • Bishop Zoning Code (§ 2) High relevance
  • Bishop Zoning Code (§ 17.08.240) Medium relevance
  • Bishop Zoning Code (section 18.12.150.K.2.a.i) Medium relevance
  • CFC § 66323 (§ 66323) Medium relevance
  • Bishop Zoning Code (§ 2) Medium relevance
  • Bishop Zoning Code (title as) Medium relevance
  • Bishop Zoning Code (§ 17.80.100) Medium relevance
  • Bishop Zoning Code (§ 17.36.020) Medium relevance
  • CBC § 17960 (Article 1) Medium relevance
  • Bishop Zoning Code (section and) Medium relevance
  • CBC § 66314 (§ 66314) Medium relevance
  • Bishop Zoning Code (§ 17.24.030) Medium relevance
  • Bishop Zoning Code (§ 17.79.030) Medium relevance
  • Bishop Zoning Code (section 17.28.020) Medium relevance
  • Bishop Zoning Code (section is) Medium relevance
  • Bishop Zoning Code (§ 17.40.110) Medium relevance
  • Bishop Zoning Code (chapter 17.78) Medium relevance

Cited sections

Frequently asked questions

How long can I pause a nonconforming use in Bishop?

No more than six months. If a nonconforming use is discontinued or abandoned for a six‑month period, any subsequent use must conform to the district’s current regulations. See §17.80.020.

Can I rebuild my nonconforming house after a fire or flood?

Yes, if the structure was used solely for residential purposes and was substantially damaged or destroyed by a natural disaster or unintentional event, you may rebuild to the same footprint, floor area, and height. See §17.80.010 and the parallel language in §17.04.080(A).

Can I expand a nonconforming commercial building?

Not unless the expansion complies with today’s zoning standards. Bishop allows maintenance and repair of nonresidential nonconforming buildings, but enlargement or structural alteration must meet current regulations. See §17.80.010.

Do I have to fix nonconforming setbacks or parking to get an ADU?

No. The City cannot condition ADU approval on correcting nonconforming zoning conditions and cannot deny an ADU due to such conditions unless there’s a health/safety threat affected by the ADU work. See §17.75.020(D–E) and §17.75.100(E).

I want to change a nonconforming use to a different use. Is that allowed?

Only to a use of the same or more restrictive classification, and you must obtain a use permit. You’ll also need a land use permit for the change in character of use. See §17.80.020 and §17.80.030.

Will a downtown change of use trigger new parking?

Not in the MUO‑DT. A change of use in an existing MUO building does not require additional parking, even if existing parking is nonconforming. Additions that create new floor area must park that new area. See §17.46.150(C).

What can I build on an R‑1 lot in Bishop?

Single‑family dwellings with associated residential uses are typical. R‑1 lots have minimum areas ranging from 5,000 to 15,000 square feet depending on the density suffix; front/side/rear setbacks are 15/5/15 feet, and the residential height cap is two stories/26 feet. See §17.20.040–.060.

What are R‑2 setback requirements?

R‑2 yards are 15 feet front, 5 feet side, and 15 feet rear; the residential height cap is two stories/26 feet. Additional units may be allowed on larger lots per §17.24.010–.050.

Do I need design review for projects in the Mixed‑Use Overlay?

Plans in the MUO‑DT are reviewed with building permit submittals, and “major project review” applies to projects with building area greater than 15,000 square feet. See §17.46.050.

How is parking handled if I add floor area to an existing building outside the MUO?

Additional off‑street parking is required to meet the standard for the portion you add or enlarge. Fractional parking counts round up to the next whole space. See §17.76.060(A–C).

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