Local zoning · Chowchilla

Chowchilla — Nonconforming Uses

Q: What counts as a nonconforming use in Chowchilla?

A nonconforming use is any use lawfully started before the current zoning rules but that no longer fits the land‑use regulations; exceptions exist for parking shortages alone. See § 18.90.030 for the definition and scope.

Q: Can I expand my nonconforming business building in Chowchilla?

Only limitedly — a nonconforming use may be expanded by up to 10% of existing floor area one time and only with an approved conditional use permit under Chapter 18.80 . See § 18.90.070(A) .

Q: If my nonconforming building is damaged, can I rebuild it as it was?

It depends on damage: if destruction is 50% or more of the structural mass, you generally may not restore it in its nonconforming form and must comply with current zoning; if under 50% , you may rebuild and keep the nonconforming status. The building official determines percentage destroyed. § 18.90.080(A–B) .

Q: What happens if I stop using a nonconforming use temporarily?

If the nonconforming use is abandoned, discontinued, or changed to a conforming use for 6 continuous months , it cannot be reestablished; there are limited exceptions for agricultural crop production and animal‑raising (different intensity rules apply). § 18.90.060 .

Q: Can I change from one nonconforming use to a different nonconforming use?

Yes, but only with a conditional use permit and only if four findings are met (no greater impacts on district character, traffic, odors/noise/unsightliness, and not detrimental to public health/welfare). See § 18.90.110 .

Q: Are parking shortages treated as making a use nonconforming?

No — if the only code provision not being met is the minimum required on‑site parking or loading area, the use is not deemed nonconforming. § 18.90.030(C) .

Q: Does a nonconforming lot prevent building something conforming?

No — a structure that conforms to code may be built on a nonconforming lot; however, a nonconforming lot may not be subdivided unless subdivision reduces nonconformity and does not create a new nonconforming use or structure. § 18.90.050(C–D, B) .

Q: If eminent domain reduces my lot, what rules apply to my nonconforming structures?

If lot area is reduced by eminent domain, the nonconforming lot and structure provisions apply but nonconforming use provisions do not. Reduction of a required yard by eminent domain can create a nonconforming structure but limited structural alterations that comply with other district requirements may be allowed. § 18.90.100 .

Q: Do the nonconforming rules apply to signs?

No — nonconforming signs are governed by Chapter 18.56 , not Chapter 18.90 . § 18.90.020 .

Q: Will adding an ADU be blocked by a nonconforming zoning condition?

Local ADU rules and state ADU law limit a jurisdiction’s ability to deny ADU permits due to nonconforming zoning conditions; local code does not fully restate those state protections in Chapter 18.90. Verify ADU-specific rules with planning staff and the local ADU chapter. Not all interactions are contained within Chapter 18.90 — verify with the jurisdiction.

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

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Last reviewed: July 1, 2026

Overview

This page summarizes Chowchilla's local rules for nonconforming uses, structures, and lots (what the code calls preexisting lawful uses or buildings that no longer meet current zoning rules). The controlling local rules are in the Zoning Ordinance’s Chapter titled Chapter 18.90 — NONCONFORMING USES, STRUCTURES, AND LOTS; read together these rules control abandonment, limited expansion, reconstruction after damage, and required removal. See the Chowchilla Zoning overview for broader context.

Important cross-topics: the rules interact with the city's development standards, parking rules, and discretionary processes such as design review and conditional use permits reviewed under the city's Chowchilla Zoning rules.

What the code requires (chapter summary, with the controlling sections)

Purpose: the ordinance intends to allow lawful preexisting uses to continue but not encourage expansion; it also protects work already permitted at the time an ordinance took effect. § 18.90.010 explains this policy.
Applicability & scope: the chapter applies to uses, structures and lots lawful when started but now noncompliant. Nonconforming signs are handled separately (Chapter 18.56). § 18.90.020.
What is a nonconforming use, structure, or lot:
- Nonconforming use: a use lawfully commenced but now not allowed under current use regulations. § 18.90.030.
- Nonconforming structure: a structure lawfully erected but not meeting current structural or dimensional provisions. § 18.90.040.
- Nonconforming lot: a lot lawfully created under the Subdivision Map Act that does not meet current lot-area/frontage/dimension requirements. § 18.90.050.
Abandonment / discontinuance: if a nonconforming use is abandoned, discontinued, or changed to a conforming use for six continuous months, it cannot be reestablished. There are special rules for agricultural crop production and animal-raising uses. § 18.90.060.
Limited expansion or reestablishment by approval: a nonconforming use may be expanded up to 10% of existing floor area or reestablished after abandonment (if abandonment was >6 months but <18 months) only with an approved conditional use permit under Chapter 18.80; expansion allowed only one time per use. § 18.90.070.
Repair / restoration after damage: if destroyed to an extent of 50% or more of its structural mass (or voluntarily razed or required by law to be razed), it may not be restored to its nonconforming form except by complying fully with current zoning; if damage is less than 50%, it may be rebuilt and reused in its nonconforming status; the building official determines percent destroyed. § 18.90.080.
Removal of certain nonconforming uses: upon violation notice certain nonconforming uses must be removed within 30 days (unless a different deadline is specified); a use occupying no structure or using a structure with assessed value under $1,000 must be discontinued and removed or converted to conforming status. § 18.90.090.
Effect of eminent domain: if lot area is reduced by eminent domain, nonconforming lot/structure provisions apply but not nonconforming use provisions; reductions in required yards may create nonconforming structures but limited alterations are allowed if they comply with other district requirements. § 18.90.100.
Changing between nonconforming uses: you may change from one nonconforming use to another only by conditional use permit and only when strict findings are met (no greater traffic/noise/impact, not altering the district character, not detrimental to public welfare). § 18.90.110.

Table — quick, decision-relevant code references (short form)

Issue / Decision point	Rule (plain)	Code Reference
When chapter applies	Applies to uses, structures, lots lawful when started but now noncompliant; excludes nonconforming signs	§ 18.90.020
Abandonment period	Nonconforming use abandoned/discontinued for 6 months → cannot be reestablished	§ 18.90.060(A)
Limited expansion	Up to 10% floor area expansion allowed by CUP (one-time only)	§ 18.90.070(A)
Damage/rebuild threshold	50% of structural mass destroyed → cannot restore as nonconforming	§ 18.90.080(A–B)
Rebuild after destruction (residential/commercial)	Rebuilding within 1 year may be allowed by CUP for certain categories	§ 18.90.080(C)
Removal on violation	Must remove in 30 days after certain violation notices	§ 18.90.090(A–B)

District-by-district breakdown (purpose, typical permitted uses, key dimensional standards, where it applies)

Note: the city's land use table lists permitted uses for each district in Section 18.08.020 / 18.08.030 and the chapters below set dimensional standards for each district. Verify parcel-specific zoning and map location with the city.

R-L (Residential Low)

Purpose: the low-density single-family residential district. See the land use table for allowed residential uses. R-L appears across the code as the base single-family district.
Typical permitted uses: single-family dwellings, accessory uses like Accessory Dwelling Units (ADUs) (administrative; see local ADU rules). § 18.08.020 / 18.60.030 references in land use table.
Key dimensional standards: residential development standards are in Chapter 18.16 (setbacks, accessory structure dimensions, parking minimum dimensions, mechanical-equipment setbacks). Examples: mechanical equipment setback minimum 5 ft, driveway widening limits, accessory structure plate/ridge height rules. § 18.16.120–130.
Where it applies: city zoning map (verify with the jurisdiction). Verify specific setbacks and lot-area standards against Chapter 18.16 for a parcel. Verify with the City for parcel-specific zone boundary. Verify with the jurisdiction.

R-M-5 (Residential Medium — 5 units/acre)

Purpose: medium-density residential; consult land use table for permitted multi-family forms. R-M-5 appears in the land use table as a residential district.
Typical permitted uses: duplexes, small multi-family, accessory uses including ADUs. See land use table and Section 18.60 for accessory rules.
Key dimensional standards: follow Chapter 18.16 residential standards (setbacks, parking dimensions, accessory structure rules). For special elements (fences, screening) see Chapter 18.50. § 18.16.120–130; 18.50.110–120.
Where it applies: check the official zoning map (verify with the jurisdiction).

R-M-6 (Residential Medium — 6 units/acre)

Purpose & uses: similar to R-M-5 but higher density allowances per the land-use table. R-M-6 listed in the land use table.
Key dimensional standards: same Chapter 18.16 references; parking and setbacks per residential standards. § 18.16.
Where: verify on zoning map with the City.

R-MH (Residential Mobilehome)

Purpose: mobilehome-residential district. Permitted and conditional mobilehome/multi-family uses are listed in the land use table and specific mobilehome provisions are in 18.60.100 / 18.60.130 for manufactured/mobilehome regulations.
Key dimensional standards: see Chapter 18.16 and the mobilehome-specific sections in 18.60.
Where: verify on zoning map.

R-H (Residential High)

Purpose: higher-density residential (multifamily), as reflected in land use table entries and special standards for multifamily signs and design. R-H is used consistently in the code.
Typical permitted uses: multi-family dwellings, supportive/transitional housing (per land use table). § 18.60.240 noted for supportive housing policies.
Key dimensional standards: follow Chapter 18.16; signage and fencing rules for R-H appear in Chapters 18.56 and 18.50. § 18.16; 18.56.
Where: check zoning map.

C-N (Neighborhood Commercial) — § 18.20

Purpose: provide commercial uses and services that serve adjacent neighborhoods. § 18.20.010.
Typical permitted uses: all uses listed in the land use table for C-N (retail, personal services, some restaurants, etc.). See Section 18.08.030 land use table.
Key dimensional standards (examples):
- Minimum site area: 2 acres (existing smaller sites allowed per exceptions). § 18.20.030.
- Minimum lot frontage: 40 ft (unless reciprocal parking/access agreement). § 18.20.040.
- Minimum front setback: 15 ft; rear/side setbacks vary where adjacent to residential districts (see § 18.20.060). § 18.20.060.
- Height: maximum 35 ft (exceptions via CUP). § 18.20.080.
Where it applies: all C‑N areas shown on the zoning map. Verify site-specific standards with the Director or planning staff.

MX‑D (Downtown Mixed Use Commercial) — § 18.26

Purpose: create a dynamic mix of uses downtown. § 18.26.010.
Permitted uses: see land use table for MX‑D; design-intent favors front-lotline construction and pedestrian orientation.
Key dimensional standards:
- Minimum site area: 5,000 sq ft (smaller allowed via CUP). § 18.26.030.
- Front setback: new buildings generally constructed at front lot line; rear and side setbacks may be 0 ft except where abutting residential zones where 15 ft is required. § 18.26.060.
- Maximum height typically 50 ft except where rear abuts residential (then 35 ft). § 18.26.080.
Where: downtown zoning map — verify with City.

I‑H (Heavy Industrial) — § 18.34

Purpose: heavy manufacturing, storage, and wholesale with controls so adjacent uses are not harmed. § 18.34.010.
Typical permitted uses: industrial, manufacturing, and associated uses listed in the land use table and § 18.34.020.
Dimensional and performance standards: fencing/screening, noise/odor limitations, and other protections for adjacent residential areas (see Chapter 18.50 general provisions and 18.32‑18.34). § 18.32.150; 18.34.010–020.
Where: industrial districts per the zoning map.

PF (Public Facilities) — § 18.36

Purpose: public and institutional uses (parks, schools, airport, etc.) § 18.36.010.
Typical uses: community facilities, parks, public safety, fairgrounds and airport facilities. § 18.36.010–020.
Dimensional standards: no minimum lot area, lot frontage minimum 40 ft, front setback 15 ft, rear/side setbacks vary and may be larger next to residential (rear setback 25 ft where abutting residential). § 18.36.030–080.

Application notes & how the nonconforming rules interact with other rules

The nonconforming chapter is a zoning rule; it does not replace building code requirements (see the California Building Standards Code). If a nonconforming structure is to be structurally altered or rebuilt, building permits and code compliance may also be required. Verify with the jurisdiction; the Zoning chapter requires the building official to calculate percent destruction for rebuild decisions. § 18.90.080.
Many district chapters require site plan review in commercial/industrial districts for alterations that affect a nonconforming structure (for example, increasing floor area of a nonconforming building triggers site plan review). See the site plan review rules (Chapter 18.72) for triggers and the committee’s role.
Nonconforming parking shortages alone do not create a nonconforming use (a lawful use is not rendered nonconforming simply because it lacks required on‑site parking). § 18.90.030(C).
The ADU rules (state and local) create limited protections when a property is nonconforming; check local ADU rules and state law. See the local ADU page and consult state ADU law for additional protections. Not all interactions are fully described in the nonconforming chapter — verify with planning staff.

Checklist (what an applicant must satisfy when dealing with a nonconforming situation)

Confirm the use/structure/lot was lawfully established before the applicable ordinance change (provide evidence: permits, County records, assessor data). § 18.90.020–030.
If proposing expansion, prepare a Conditional Use Permit (CUP) showing proposed increase ≤ 10% of existing floor area and meet CUP findings. § 18.90.070.
If structure was damaged, obtain a building official determination of percent structural mass destroyed and follow § 18.90.080 requirements (repair vs. full compliance).
If changing from one nonconforming use to another, document that the new use will not increase off-site impacts (traffic, noise, odors) and prepare a CUP for the change. § 18.90.110.
If property is nonconforming due to lot dimensions and you propose subdivision/lot line adjustment, show that the subdivision will bring lot into conformance or reduce nonconformity and not create a new nonconformance. § 18.90.050(B).
Coordinate site changes with required parking, landscaping, and any applicable overlay districts standards.

Risks & Ambiguities

Issue	Why it matters	What to verify
Abandonment clock (6 months)	If a use is unused for 6 months it is lost and cannot be reestablished (strict rule). § 18.90.060(A)	Verify continuous use records, utility bills, leases, or enforcement history with the Planning Division.
Damage threshold	Damage ≥50% prevents restoring nonconforming status; <50% allows rebuild. Building official determines percentage. § 18.90.080(A–B)	Obtain a building official determination and structural assessment before preparing plans.
One-time 10% expansion	Expansion allowance is strictly one time per use and limited to 10%; later expansions are not permitted. § 18.90.070(A)	Confirm prior expansions (may have already used the one-time allowance).
Nonconforming lots & subdivision	Subdividing a nonconforming lot can eliminate the ability to use it as before if it doesn't reduce nonconformity. § 18.90.050(B)	Verify map/parcel history and consult City on acceptable lot line adjustments.
Interaction with ADU approvals	State ADU law and local ADU rules can limit local denial based solely on zoning nonconformance. The nonconforming chapter doesn't override state ADU protections. Not fully described in Chapter 18.90.	Confirm with City planning staff and reference ADU rules and state law. Not found in retrieved materials for local cross-reference — verify with the jurisdiction and local ADU chapter.

Plain-English Summary

Chowchilla lets legally established but now-out-of-date uses, buildings, and lots continue — but with limits: if a use stops for six months it's gone; you can only expand a nonconforming use once and only up to 10% by floor area (with a CUP); if a building is more than half destroyed you generally must rebuild to today's zoning rules. The controlling rules are in Chapter 18.90 of the zoning ordinance. § 18.90.010–110.

Source References

Chowchilla Municipal Code — Chapter 18.90, NONCONFORMING USES, STRUCTURES, AND LOTS, § 18.90.010–18.90.110 (purpose, applicability, definitions, abandonment, expansion, restoration, removal, eminent domain, change of nonconforming uses).
Chowchilla Zoning — land use table and district use lists (referenced in § 18.08.020 / 18.08.030).
Neighborhood Commercial District, § 18.20.010–080 (setbacks, height, site area standards).
Downtown Mixed Use Commercial (MX‑D), § 18.26.010–080 (front-lotline build, height limits, setbacks).
Public Facilities (PF), § 18.36.010–080 (purpose, setbacks, heights).
Heavy Industrial (I‑H) district purpose and use listings (§ 18.34.010–020).
Residential development standards and accessory rules, Chapter 18.16 (mechanical equipment setbacks, accessory heights, parking dimensions).
Site plan review triggers (impacts to nonconforming buildings), Chapter 18.72 (site plan review and committee).
Land use definitions and definitions of "nonconforming" terms (various definitions in § 18.40.030, land use table).

(If you need the ordinance PDF or a parcel-specific interpretation, request the file or a Planning Department pre‑application meeting. Verify with the jurisdiction on any ambiguous or parcel‑specific interpretation.)

Sources

Retrieved passages

Chowchilla Zoning Code (Chapter 18.80.) High relevance
Chowchilla Zoning Code (§ 2) High relevance
Chowchilla Zoning Code (title may) High relevance
Chowchilla Zoning Code (Section 18.90.070.) High relevance
Chowchilla Zoning Code (§ 2) High relevance
Chowchilla Zoning Code (§ 2) High relevance
Chowchilla Zoning Code (§ 2) High relevance
Chowchilla Zoning Code (Chapter 18.80.) Medium relevance
CBC § 2 (chapter shall) Medium relevance
CBC § 2 (§ 2) Medium relevance
CBC § 2 (§ 2) Medium relevance
Chowchilla Zoning Code (Chapter 18.02) Medium relevance
CBC § 2 (chapter shall) Medium relevance
Chowchilla Zoning Code (§ 2) Medium relevance
Chowchilla Zoning Code (§ 2) Medium relevance

Cited sections

Official Chowchilla code library

Frequently asked questions

What counts as a nonconforming use in Chowchilla?

A nonconforming use is any use lawfully started before the current zoning rules but that no longer fits the land‑use regulations; exceptions exist for parking shortages alone. See § 18.90.030 for the definition and scope.

Can I expand my nonconforming business building in Chowchilla?

Only limitedly — a nonconforming use may be expanded by up to 10% of existing floor area one time and only with an approved conditional use permit under Chapter 18.80. See § 18.90.070(A).

If my nonconforming building is damaged, can I rebuild it as it was?

It depends on damage: if destruction is 50% or more of the structural mass, you generally may not restore it in its nonconforming form and must comply with current zoning; if under 50%, you may rebuild and keep the nonconforming status. The building official determines percentage destroyed. § 18.90.080(A–B).

What happens if I stop using a nonconforming use temporarily?

If the nonconforming use is abandoned, discontinued, or changed to a conforming use for 6 continuous months, it cannot be reestablished; there are limited exceptions for agricultural crop production and animal‑raising (different intensity rules apply). § 18.90.060.

Can I change from one nonconforming use to a different nonconforming use?

Yes, but only with a conditional use permit and only if four findings are met (no greater impacts on district character, traffic, odors/noise/unsightliness, and not detrimental to public health/welfare). See § 18.90.110.

Are parking shortages treated as making a use nonconforming?

No — if the only code provision not being met is the minimum required on‑site parking or loading area, the use is not deemed nonconforming. § 18.90.030(C).

Does a nonconforming lot prevent building something conforming?

No — a structure that conforms to code may be built on a nonconforming lot; however, a nonconforming lot may not be subdivided unless subdivision reduces nonconformity and does not create a new nonconforming use or structure. § 18.90.050(C–D, B).

If eminent domain reduces my lot, what rules apply to my nonconforming structures?

If lot area is reduced by eminent domain, the nonconforming lot and structure provisions apply but nonconforming use provisions do not. Reduction of a required yard by eminent domain can create a nonconforming structure but limited structural alterations that comply with other district requirements may be allowed. § 18.90.100.

Do the nonconforming rules apply to signs?

No — nonconforming signs are governed by Chapter 18.56, not Chapter 18.90. § 18.90.020.

Will adding an ADU be blocked by a nonconforming zoning condition?

Local ADU rules and state ADU law limit a jurisdiction’s ability to deny ADU permits due to nonconforming zoning conditions; local code does not fully restate those state protections in Chapter 18.90. Verify ADU-specific rules with planning staff and the local ADU chapter. Not all interactions are contained within Chapter 18.90 — verify with the jurisdiction.

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