Local zoning · Citrus Heights

Citrus Heights — Nonconforming Uses

Q: What happens if my business stopped operating for over a year in Citrus Heights?

If a lawful use is discontinued for more than 12 consecutive months , the entitlement is considered lapsed and the City may treat the use as ended — this lapse rule is in § 106.64.050 . Evidence of intermittent operation matters; document operations if you need to preserve rights.

Q: Where are "nonconforming uses/structures/parcels" rules located in the Citrus Heights Code?

The Code locates nonconforming rules in Chapter 106.70 (Nonconforming Uses, Structures, and Parcels) and cross‑references that chapter from the applicability and development requirement sections (for example § 106.10.040 and § 106.22.040 ). Verify the exact Chapter 106.70 text with the City because the Code refers to it frequently.

Q: If my parcel is now in an overlay that prohibits my use, can I keep operating?

Overlays (for example COR or SMP ) often explicitly allow existing legally established uses to continue, including transfers of ownership, but they limit enlargements and require compliance with the overlay’s expansion standards (Use Permit + Design Review in many cases). See § 106.28.040–050 and the SMP/COR overlay language.

Q: Who decides whether a proposed new use is "similar and compatible" with an existing nonconforming use?

The Director may make a determination that a proposed use is similar and compatible; the Director can refer the question to the Planning Commission for decision. Such determinations and the right to appeal are covered by the permit rules and appeals chapter (see § 106.62.050 and Chapter 106.72). ---

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

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Last reviewed: July 1, 2026

Overview

This page summarizes how the City of Citrus Heights treats nonconforming uses, structures, and parcels under the Citrus Heights Zoning Code (Title 106). The Zoning Code places nonconforming rules in a dedicated chapter (the Code refers to Chapter 106.70 — Nonconforming Uses, Structures, and Parcels) and cross-references those rules in development, permitting, and district chapters; practical enforcement points (for example, lapse after inactivity) appear elsewhere in the Code and are quoted below with their controlling sections. For related approvals see the city's zoning & planning overview and the chapters on design review, parking, development standards, overlay districts, and variances and exceptions.

Note: the raw Zoning Code text lives in the file supplied; this page synthesizes the Citrus Heights-specific rules visible in the retrieved materials and cites the controlling § numbers where the code text provides them. Where the Code names a chapter but the detail is not present in the retrieved excerpts, I note that explicitly and flag "Verify with the jurisdiction."

How Citrus Heights organizes nonconforming rules (what the Code says)

The Zoning Code makes nonconforming rules a distinct topic: the Code repeatedly points to Chapter 106.70 (Nonconforming Uses, Structures, and Parcels) as the place that governs how previously lawful but now non‑conforming development is handled after a code change or rezoning; see § 106.10.040 and § 106.22.040 for the cross-references to that chapter.
Practical enforcement actions that affect nonconforming status are found in other Chapters:
- A lawful planning entitlement or use that is discontinued for more than 12 consecutive months is treated as lapsed (i.e., loss of entitlement / nonconforming status consequences): § 106.64.050.
- Permit time limits and expiration rules that interact with continuance/exercise of rights are in § 106.64.070 (three-year default permit exercise rule and extensions).
- Appeal routes for discretionary determinations (including appeals of nonconforming determinations) use Chapter 106.72 (Appeals) (the Code refers to Chapter 106.72 in multiple places).
Definitions: the Code defines "Nonconforming Parcel," "Nonconforming Structure," and "Nonconforming Use" in its glossary/definitions. The Code also points users to the land‑use tables and glossary in Article 2/Article 8 for use definitions and permit levels (see § 106.22.030).
Where the Code authorizes continued operation of existing uses that would now be prohibited, it repeatedly instructs that continuations are subject to the nonconforming rules (Chapter 106.70), applicable development standards, and any permit conditions (e.g., design review or performance bonds) — see § 106.10.040, § 106.22.040, and § 106.26.040.

Because the Code centralizes definitions and the process in Chapter 106.70, but some operative enforcement items appear in other sections (for example, lapse at 12 months), applicants and owners must read both the nonconforming chapter and the scattered cross-references.

District-by-district breakdown (where nonconforming issues commonly arise)

Below are Citrus Heights zoning districts that frequently intersect with nonconforming issues. Each subsection lists the district name in bold, its purpose in the Code, typical permitted use types, key dimensional standards from the Code tables, where the district usually applies, and the specific code references you will need when evaluating a nonconforming situation.

RD-1 / RD-2 / RD-3 / RD-4 (Very Low Density Residential)

Purpose: applied to large‑lot detached single dwellings, hobby farming, and similar uses. See § 106.24.020(A).
Typical permitted uses: single‑family homes, public/quasi‑public uses identified in Table 2‑2 (see § 106.24.030).
Key dimensional standards (from TABLE 2‑4): Front setback 20 ft, Side interior 5 ft, Rear (RD‑1/RD‑2) 25 ft, Max lot coverage 30%, Max height 30 ft — see TABLE 2‑4 and the Residential chapter § 106.24.
Where it applies: low‑density neighborhoods across the city (see TABLE 2‑1).
Nonconforming note: the Code expressly allows an addition to a structure with an existing legal nonconforming side yard in RD‑1/2/3/4 to maintain the nonconforming setback for that addition with the Director’s approval (see Sec. on setbacks/projections). § 106.30.100 (setback rules; Director approval).

RD-10 / RD-15 (Medium‑Density Residential) — example: RD‑15

Purpose: medium-density housing (varied housing types). See § 106.24.020(C) and the RD‑15 special planning area rules.
Typical permitted uses: small‑lot single dwellings, duplexes, multiunit housing — per Table 2‑2; RD‑15 also contains Community SPA exceptions (see § 106.50.090 which references RD‑15 uses).
Key dimensional standards: see TABLE 2‑4 (RD‑10, RD‑15 column): typical front setbacks, lot coverage 50%, FAR 0.50, height limits up to 40 ft (table). § 106.24 / Table 2‑4.
Where it applies: medium‑density residential neighborhoods and certain Special Planning Areas (SPAs). See § 106.24.030 and RD‑15 SPA rules in § 106.50.090.

AC (Auto Commercial), CR (Commercial Recreation), MP (Industrial/Office Park)

Purpose: Commercial / industrial uses (Chapter 106.26 establishes these districts). § 106.26.010 / § 106.26.040.
Typical permitted uses: retail, auto/vehicle sales and service (AC), parks/recreation uses (CR), office/industrial (MP). See the use tables (Tables 2‑5 / 2‑6) and the district chapters.
Key dimensional standards (TABLE 2‑7): AC front setback 20 ft; CR front setback 50 ft; MP front setback 25 ft; FAR (AC 0.60; CR 0.10; MP 0.50); height (AC 24 ft if within 100 ft of residential, 40 ft elsewhere; MP 50 ft). See § 106.26.040 / Table 2‑7.
Where it applies: major commercial corridors and employment areas as mapped in Table 2‑1.
Nonconforming note: existing commercial uses that are now prohibited in an overlay are allowed to continue only subject to the Code’s nonconforming rules (see Corridor/SMP overlay language referencing Chapter 106.70): see § 106.28.050 and related overlay rules.

COR (Corridor) Overlay and SMP (Sunrise MarketPlace) Overlay

Purpose: the overlays modify allowable uses and establish special rules for redevelopment and existing uses; see § 106.28.040–050 (COR) and § 106.28.050 (SMP). Overlays explicitly authorize existing uses to continue but require compliance with the nonconforming chapter (106.70) and with special expansion rules.
Typical outcomes for nonconforming uses: the overlays often allow legally existing (but now‑prohibited) uses to continue, but expansions or enlargements of prohibited uses typically require a Use Permit and Design Review, and must comply with underlying district standards and any overlay-specific conditions (see § 106.28.050 and related overlay subsections).

Short table — most decision-relevant nonconforming rules and where to find them

Rule or decision point	What it means (plain)	Code reference
Lapse/discontinuance of a use	A land use or permit that is not operated for more than 12 consecutive months is considered lapsed (loss of entitlement).	§ 106.64.050
Permit time limits (exercise of approvals)	Planning permits expire if not exercised within 3 years unless extended.	§ 106.64.070
Nonconforming chapter location	The Zoning Code points to Chapter 106.70 as the controlling chapter for nonconforming uses/structures/parcels.	§ 106.10.040 and § 106.22.040 (referencing Chapter 106.70)
Definitions & where to look	Use definitions and the permit matrix (Tables 2‑2 / 2‑5); definitions live in the Code glossary and Article 8; use tables define permit type.	§ 106.22.030 (land use tables and Article 8)
District standards that affect whether a change is allowed	Setbacks, heights, FAR, lot coverage in Tables 2‑4 (Residential) and 2‑7 (AC/CR/MP) — those standards control allowed expansions and must be met unless Chapter 106.70 provides exception.	TABLE 2‑4 / TABLE 2‑7 and § 106.26.040 / § 106.24
Director discretion for “similar and compatible” uses	The Director may approve determinations about similar/compatible uses and refer to the Commission; appeals go to Chapter 106.72.	§ 106.62.050 (permit requirements / Director authority) and Chapter 106.72 references

Checklist — what an applicant (owner or consultant) should prepare when dealing with a nonconforming situation

Documentation that the existing use/structure/parcel was lawfully established prior to the change (deeds, permits, certificates of occupancy, business licenses) — see definition cross‑references in § 106.22.030.
Record of continuous operation (to show it has not lapsed); if a site or structure was inactive, prepare evidence of occupancy within the last 12 months to avoid the 12‑month lapse rule (§ 106.64.050).
A site plan showing present setbacks, lot coverage, height, parking, landscaping so staff can determine whether any proposed work expands the nonconformity or can be treated as a repair/maintenance (compare to Tables 2‑4 / 2‑7 and § 106.30 standards).
If proposing enlargement, change of use, or rebuilding, identify the exact approvals required (Zoning Clearance, Minor Use Permit, Use Permit, Design Review) per the permit tables — see § 106.22.030 and § 106.62.050.
For additions in RD‑1/2/3/4 that rely on retaining a nonconforming setback, prepare an application for Director approval (the Code allows the Director to permit an expansion to maintain existing legal nonconforming side yard setbacks in those zones) — see § 106.30.100 (setback rules).
For overlays (e.g., COR, SMP), show how the proposal complies with overlay restrictions and any special expansion standards (many overlays permit continuation but require Use Permit + Design Review for enlargement) — see § 106.28.040–050.
If applicable, be ready to show compliance with parking and landscaping chapters when resolving a nonconforming expansion (see parking and § 106.36 / § 106.34).
Prepare for appeals: decisions by the Director or Commission can be appealed per Chapter 106.72.

Risks & Ambiguities

Issue	Why it matters	What to verify
Exact substantive rules inside Chapter 106.70	The Code repeatedly points to Chapter 106.70 as the controlling nonconforming chapter, but the full chapter text was not present in the retrieved excerpts. You need the chapter text to confirm limits on repairs, reconstruction after damage, or permitted expansions.	Verify full Chapter 106.70 text with City staff or the online municipal code — "Not found in retrieved materials."
Rebuilding after damage (how much reconstruction is allowed before loss of nonconforming status)	Many cities limit reconstruction of a damaged nonconforming building to a percentage of value or to a fixed time period. Missing rule will change risk for insurers/developers.	Verify whether Chapter 106.70 includes a damage/reconstruction cap and any required permits. If not in the Code, confirm policy with the Community Development Director. "Not found in retrieved materials."
ADUs and nonconforming zoning conditions	State ADU law limits local agencies' ability to require correction of nonconforming zoning conditions for ADU approvals. Citrus Heights references state rules in its ADU/Accessory Dwelling Unit cross‑references.	For ADUs, consult the city's ADU page and state ADU law. See the ADU guidance in the materials and confirm with the City’s ADU intake staff and § 106.22.040 exemptions.
Whether maintaining a nonconforming setback for additions applies beyond RD‑1–4	The Code explicitly permits Director approval to maintain nonconforming side yard setbacks in RD‑1, RD‑2, RD‑3, and RD‑4; applicability in other zones is ambiguous.	Rely on § 106.30.100 language for RD‑1–4; for other zones, verify whether Chapter 106.70 or other district rules allow similar treatment.
Overlays that list prohibited uses but allow "existing uses to continue"	Overlays (COR, SMP) can continue prohibited existing uses, but expansion standards, health‑risk assessment requirements, or the need for Use Permits are overlay‑specific.	Review § 106.28.040–050 (COR / SMP) and confirm whether the proposed change is treated as an enlargement requiring a Use Permit + Design Review.

Plain-English Summary

If your use, building, or lot was legal when established but no longer meets the current rules, the City's nonconforming rules (see Chapter 106.70) control whether you may continue, repair, or expand it; a use that sits idle over 12 months is generally considered lapsed, and most expansions or significant changes will trigger the normal permit path (Zoning Clearance, Use Permit, and/or Design Review) and must comply with the underlying district rules (for example, setbacks, parking, and height in Tables 2‑4 and 2‑7). Always confirm Chapter 106.70 and the exact district table that applies to your parcel with the City because the Code refers to cross‑chapter requirements in multiple sections.

Source References

Citrus Heights Zoning Code — applicability and nonconforming cross‑references: § 106.10.040 and § 106.22.040.
Lapse of use / permits to run with the land: § 106.64.050 and § 106.64.070.
Permit types, Director authority, and appeal references: § 106.62.050; appeals referenced to Chapter 106.72.
Residential standards (TABLE 2‑4 and purpose of residential districts): § 106.24.020 and the Residential tables (TABLE 2‑4).
Commercial/Industrial district development standards (TABLE 2‑7): § 106.26.040 and Table 2‑7 (AC / CR / MP).
Overlay provisions (COR, SMP) and existing use continuation rules: § 106.28.040–050.
Setback measurement, projections, and the special allowance to maintain existing legal nonconforming side setbacks in RD‑1–4 with Director approval: § 106.30.100 and related subsections.
Tables and district lists (Table 2‑1 zoning districts and district-specific tables): Table 2‑1, Table 2‑4, Table 2‑7 (in Chapters 106.24 and 106.26).
State ADU guidance (nonconforming zoning condition interaction): California ADU handbook (state guidance referenced by local code), and the Code’s exemptions referencing Chapter 106.70 and state law where relevant. (ADU guidance file included in materials.)

Sources

Retrieved passages

Citrus Heights Zoning Code High relevance
Citrus Heights Zoning Code (§ 65000) Medium relevance
Citrus Heights Zoning Code (Chapter 106.76) Medium relevance
Citrus Heights Zoning Code (Chapter 106.72) Medium relevance
Citrus Heights Zoning Code (§ 3) Medium relevance
Citrus Heights Zoning Code (Chapter 106.72) Medium relevance
CBC § 3 (Section 106.62.040) Medium relevance
Citrus Heights Zoning Code (Title 17) Medium relevance
Citrus Heights Zoning Code (§ 111362.1) Medium relevance
Citrus Heights Zoning Code (Article 2) Medium relevance
Citrus Heights Zoning Code (§ 66314) Medium relevance
CBC § 66314 (§ 66314) Medium relevance
CBC § 106.36.080 (Chapter shall) Medium relevance
Citrus Heights Zoning Code (Section are) Medium relevance
Citrus Heights Zoning Code (Chapter 106.36) Medium relevance
Citrus Heights Zoning Code (Article 8) Medium relevance
Citrus Heights Zoning Code (Title 106) Medium relevance
Citrus Heights Zoning Code (Article may) Medium relevance
Citrus Heights Zoning Code (Article 3) Medium relevance
Citrus Heights Zoning Code (Chapter describes) Medium relevance
Citrus Heights Zoning Code (§ 1) Medium relevance
Citrus Heights Zoning Code (Section 106.42.200) Medium relevance
Citrus Heights Zoning Code (Section 106.42.200) Medium relevance
Citrus Heights Zoning Code Medium relevance
Citrus Heights Zoning Code (Chapter lists) Medium relevance
Citrus Heights Zoning Code (CHAPTER 106.26) Medium relevance
Citrus Heights Zoning Code Medium relevance
Citrus Heights Zoning Code Medium relevance

Cited sections

Official Citrus Heights code library

Frequently asked questions

What happens if my business stopped operating for over a year in Citrus Heights?

If a lawful use is discontinued for more than 12 consecutive months, the entitlement is considered lapsed and the City may treat the use as ended — this lapse rule is in § 106.64.050. Evidence of intermittent operation matters; document operations if you need to preserve rights.

Where are "nonconforming uses/structures/parcels" rules located in the Citrus Heights Code?

The Code locates nonconforming rules in Chapter 106.70 (Nonconforming Uses, Structures, and Parcels) and cross‑references that chapter from the applicability and development requirement sections (for example § 106.10.040 and § 106.22.040). Verify the exact Chapter 106.70 text with the City because the Code refers to it frequently.

Can I enlarge a building that is nonconforming to current setbacks?

That depends. The Code permits certain limited actions: for example, additions to structures with existing legal nonconforming side yard setbacks in RD‑1, RD‑2, RD‑3, and RD‑4 may maintain that nonconforming setback for the expansion with Director approval (see § 106.30.100 and related setback rules). For other zones or larger expansions, a Use Permit/Design Review may be required; check Chapter 106.70 and the applicable district standards.

If my parcel is now in an overlay that prohibits my use, can I keep operating?

Overlays (for example COR or SMP) often explicitly allow existing legally established uses to continue, including transfers of ownership, but they limit enlargements and require compliance with the overlay’s expansion standards (Use Permit + Design Review in many cases). See § 106.28.040–050 and the SMP/COR overlay language.

Do parking and landscaping rules still apply to a nonconforming expansion?

Yes — the Code cross‑references that development standards (setbacks, height, parking, landscaping) must be considered. Any expansion that increases impacts will be evaluated against parking and landscaping chapters; see Chapter 106.36 (Parking) and Chapter 106.34 (Landscaping Standards) and the general development standards in § 106.22.020 / § 106.26.040.

Can the City force correction of a nonconforming zoning condition to allow an ADU?

State ADU law limits a permitting agency’s ability to require correction of certain nonconforming zoning conditions when reviewing ADU applications. The City references state ADU guidance and its own exemptions; consult the city's ADU procedures and state ADU law for specifics and confirm with the City’s ADU intake staff. (Local ADU guidance and state ADU handbook are in the provided materials.)

If my structure was damaged by fire, can I rebuild it to the same nonconforming footprint?

The Code often sets reconstruction limits for nonconforming structures, but the precise rebuilding rule was not visible in the retrieved excerpts for Chapter 106.70. Verify the reconstruction/damage sections in Chapter 106.70 or with City staff before proceeding. "Not found in retrieved materials."

How do I appeal a Director decision about a nonconforming determination?

Decisions by the Director and the Commission (including determinations about similar and compatible uses) may be appealed under the Code’s appeals chapter: Chapter 106.72. See the appeal references in § 106.62.050 and Chapter 106.72 for the procedure and timelines.

Where do I find the numeric standards (setbacks, height) I will be held to?

Numeric development standards are in the district development tables (e.g., TABLE 2‑4 for Residential districts and TABLE 2‑7 for AC/CR/MP). See § 106.24 (Residential) and § 106.26.040 (Commercial/Industrial standards).

Who decides whether a proposed new use is "similar and compatible" with an existing nonconforming use?

The Director may make a determination that a proposed use is similar and compatible; the Director can refer the question to the Planning Commission for decision. Such determinations and the right to appeal are covered by the permit rules and appeals chapter (see § 106.62.050 and Chapter 106.72). ---

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