Local zoning · Cloverdale

Cloverdale — Nonconforming Uses

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

Last reviewed: July 1, 2026

Overview

This page summarizes what the City of Cloverdale zoning ordinance says about nonconforming uses, nonconforming structures, nonconforming lots, and nonconforming signs — who may continue them, when they must stop, and when repairs/expansions are allowed. The controlling local rule is § 18.02.090 (Nonconforming uses, structures, lots and signs) and the related definitions in § 18.14.030; specific district rules that affect nonconformities are in the district chapters referenced below (residential: § 18.04.040 / § 18.04.050, commercial: § 18.05.030 / § 18.05.040, industrial: § 18.06.030 / § 18.06.040) .

Important: this page interprets Cloverdale’s zoning ordinance text. Verify parcel‑specific constraints with the Planning Department before spending on plans or permits.

What the Cloverdale code says (citywide rules)

The right to continue a use that was lawful when established but later made inconsistent with the zoning rules attaches to the land and survives changes in ownership or tenancy — so long as there is no expansion, substitution of use, substantial alteration, or abandonment beyond the allowed time frames. See § 18.02.090(B).1 for the baseline rule .
If a nonconforming use is discontinued or changed to a conforming use for a continuous period of one hundred eighty (180) days, the nonconforming use cannot be reestablished; thereafter the site must be used in conformity with the current zone standards (discontinuation rule in § 18.02.090(B).4) .
Nonconforming structures (lawfully built but not meeting current setbacks, lot coverage, height, FAR, or building separation) may be maintained and repaired, but may not be altered or enlarged in a way that increases the degree of nonconformity (§ 18.02.090(C).2–3) .
Restoration after damage:
- Single‑family residences that are nonconforming may be restored if rebuilding begins within one year and restoration does not increase square footage or other nonconforming elements (§ 18.02.090(C).4.a) .
- Other structures: restoration is allowed only if cost to replace/restore is 50% or less of the pre‑damage value; if destruction exceeds 50% of value (or the structure is voluntarily razed), it cannot be rebuilt in its nonconforming form (§ 18.02.090(C).4.b.i–ii) .
Nonconforming lots that were lawfully created but do not meet current size/dimensional rules may still be used as building sites provided they are on an approved recorded map or are, or are eligible for, a certificate of compliance or conditional certificate of compliance (§ 18.02.090(D)) .
Nonconforming signs are specifically regulated: they may be maintained, but alteration/enlargement/relocation that increases nonconformance is prohibited; repair/reconstruction after damage that reduces fair market value by 75% or more must result in removal or bring the sign into compliance (§ 18.02.090(E)) .
Definitions: "nonconforming use," "nonconforming structure," and "nonconforming lot" are defined in § 18.14.030; the ordinance treats nonconformity as the product of a change in the code (adoption/amendment/annexation) rather than a retroactive penalty on previously lawful development .

Practical note — the city’s enforcement and penalty framework that can apply to nonconforming situations (e.g., nuisance abatement) is set out in § 18.02.080 and related enforcement chapters; consult that chapter for remedies the city may use if the nonconforming condition poses threats to health/safety or is otherwise in violation .

District-by-district breakdown (decision-relevant excerpts)

Below are the Cloverdale zoning districts that most commonly interact with nonconforming situations and the local references you will need when assessing a nonconformity on a given parcel. For each district I list the ordinance reference, the district label used in the code (bolded), typical permitted uses (from the use tables), key dimensional standards (from the development standards tables), and where the district applies in the code.

Note: these summaries synthesize the city’s use/standards tables; see the cited local sections for complete use lists and exceptions.

R-R (Rural Residential)

Ordinance reference: § 18.04.040 / § 18.04.050 (residential uses and site development standards) .
Purpose / typical uses: rural single‑family, orchards/vineyards, accessory uses, limited livestock per table rules (see Table 18.04.040‑A) .
Key dimensional/standards: Front setback 35 ft; side/rear large; max height 35 ft or 2 stories; FAR 0.35–0.40 (see Table 18.04.050‑A) — these standards determine whether a structure is "nonconforming" for coverage/setbacks/height purposes § 18.04.050 .
Where it applies: rural residential areas mapped in Chapter 18.04.

R-1 (Single‑Family Residential)

Ordinance reference: § 18.04.040 / § 18.04.050 (use and site standards) .
Typical permitted uses: Single‑family detached (standard lots), Accessory dwelling units allowed (see § 18.09.180), home occupations, residential care (6 or fewer) — see Table 18.04.040‑A .
Key dimensional standards: Front setback 20 ft; side setbacks 5 ft (1‑story) / 10 ft (2nd story); rear 20 ft (one‑story)/20 ft (two‑story); building height max 35 ft; FAR 0.35–0.40 per Table 18.04.050‑A § 18.04.050 .
Why it matters for nonconformities: single‑family dwellings that predate a rezoning into R‑1 may be nonconforming for setbacks or coverage; the single‑family restoration/repair rule in § 18.02.090(C).4.a applies to SFRs in any district .

R-2 / R-3 (Two‑Family / Multi‑Family Residential)

Ordinance reference: § 18.04.040 / § 18.04.050 .
Typical uses: R-2 allows some multi‑family and attached units; R-3 allows higher density multi‑family uses; accessory units and residential care subject to the table entries in § 18.04.040 .
Key dimensional standards (Table 18.04.050‑A): Front setback 20 ft (R‑2/R‑3); side setbacks 5 ft for single story; rear setback varies (R‑3 rear 10–20 ft depending on story); building height and FAR per table — these standards control whether an existing building is a nonconforming structure under § 18.02.090(C) .

DTC, TOD, O-R, G‑C, S‑C (Commercial districts in Chapter 18.05)

Ordinance reference: § 18.05.020 – § 18.05.050; uses: Table 18.05.030‑A; site standards: § 18.05.040 / Table 18.05.040‑A .
Typical permitted uses: a mix of pedestrian retail, general retail, offices, restaurants, multifamily above ground floor depending on the commercial district (DTC, TOD, O‑R, G‑C, S‑C) — see Table 18.05.030‑A for specifics and whether plot plan or CUP is required .
Key dimensional standards: commercial site standards are in § 18.05.040 (height adjustments, projections, setback modifications) and the commercial site table; nonconforming commercial buildings are subject to the same repair/alteration/restoration limits in § 18.02.090(C) .
Where it applies: downtown, transit‑oriented, office/residential and general commercial zoning maps described in Chapter 18.05.

M‑1 / M‑P (Industrial zoning districts)

Ordinance reference: § 18.06.020 – § 18.06.040; uses: Table 18.06.030‑A; standards in § 18.06.040 .
Typical permitted uses: manufacturing (light/medium), warehousing, contractor shops (regulated), indoor RV storage, self‑storage, recycling uses — see Table 18.06.030‑A for permitted status and conditional requirements .
Key dimensional standards: industrial site development standards are in § 18.06.040; nonconforming industrial buildings follow the general § 18.02.090(C) alteration and restoration rules (50% cost threshold for replacement) .

PI (Public Institutional) and PD / SP (Planned Development / Specific Plan)

Ordinance reference: § 18.07.010 – § 18.08.030 (see chapter listings) for purpose and special standards; specific allowed uses and development standards are found in the district chapters listed in the code table of contents .
Practical point: PD and SP areas are governed by adopted precise plans; where those plans exist they establish the baseline for conformity. If a structure was legal under an adopting site plan, it is treated as conforming per the PD adoption language in § 18.08.020 (see P‑D/11–P‑D/16 examples) .

Quick reference table — decision‑relevant nonconforming rules

Topic	Rule (plain)	Code reference
Right to continue a nonconforming use	Use may continue and attaches to the land unless expanded, substituted, substantially altered, or abandoned beyond allowed time	§ 18.02.090(B).1
Discontinuation / abandonment	Nonconforming use discontinued for 180 days cannot be reestablished	§ 18.02.090(B).4
Single‑family dwelling repair/rebuild after damage	May be restored if rebuilding starts within 1 year, does not increase original square footage or increase nonconformity	§ 18.02.090(C).4.a
Other structures—repair/rebuild threshold	May restore only if replacement cost ≤ 50% of pre‑damage value; >50% prevents restoration in nonconforming form	§ 18.02.090(C).4.b.i–ii
Alterations / enlargements	Alterations that would increase discrepancy with front/side/rear setbacks, height, FAR or parking are prohibited	§ 18.02.090(C).3
Nonconforming lots	Lot may be used as a building site if recorded on map or eligible for a certificate of compliance	§ 18.02.090(D)
Nonconforming signs	No enlargement/relocation increasing nonconformity; repair required if damage reduces value ≥ 75%	§ 18.02.090(E)
Where nonconformity definitions live	Formal definitions for "nonconforming use/structure/lot"	§ 18.14.030

How this interacts with other Cloverdale rules (practical hooks)

Parking: nonconforming parking layouts are treated as nonconforming physical features; changes that increase the degree of nonconformity are controlled under § 18.02.090(C).3. For the city's parking formulas and exceptions consult the parking chapter when evaluating a change to parking on a nonconforming site parking .
Design review: alterations or changes that would appear substantial may trigger the city's design review process; see the development review and design review chapters before proposing exterior changes design review .
Overlays and PD/SP districts: special zoning overlays or Planned Development approvals may treat previously nonconforming structures as conforming if they were built under an adopting site plan — check the specific overlay or PD language in Chapter 18.08 overlay districts .
ADUs: Cloverdale allows accessory dwelling units under § 18.09.180; the interplay between state ADU rules and local nonconforming conditions is complex — state ADU law restricts denial of ADUs based on certain nonconforming zoning conditions (see the ADU guidance in the uploaded materials) ADUs California ADU law .
Building code / Title 24: nonconforming zoning status is separate from compliance with the California Building Standards Code; an existing nonconforming structure may still need to meet building‑code repairs or construction standards if work is performed California Building Standards Code .
Variances / minor exceptions: if strict application of dimensional rules would impose a hardship or practical difficulty, a variance or minor exception process may be available under Chapter 18.03; check findings required and the approval body variances and exceptions .

(Links above are the city menu pages you will need when assembling a submittal. Use them to find forms, checklists, and staff contacts.)

Checklist — what an applicant must demonstrate for a nonconforming situation

Confirm the nonconforming condition was lawfully established (recorded map, prior permit, or eligibility for a certificate of compliance) — § 18.02.090(D) .
If the issue is a nonconforming lot, produce the recorded map or a certificate of compliance (or show eligibility) — § 18.02.090(D) .
For restoration after damage, provide documentation of damage and valuation to determine whether the 50% (structures) or 75% (signs) thresholds apply; for SFRs show restoration begins within 1 year and will not enlarge original square footage — § 18.02.090(C).4 .
For proposed alterations, show by site plans and calculations that changes will not increase the degree of nonconformity with setbacks, height, FAR, or parking — § 18.02.090(C).3 .
If the nonconforming use lacks a prior entitlement (was lawful only because entitlements didn’t exist at the time), secure the required entitlement (for example, a conditional use permit) before expanding the area occupied — § 18.02.090(B).2 .
Check for required plot plan review, design review, or variances depending on the district and scope of work; include complete package to avoid delays — see Chapter 18.03 and the district chapters (residential/commercial/industrial) .
Where applicable, reconcile ADU proposals with state ADU rules (the state limits denial for certain nonconforming zoning conditions) and include necessary documentation — see statewide ADU guidance in the uploaded materials .

Risks & Ambiguities

Issue	Why it matters	What to verify
How "50% of value" for restoration is measured	The code bars restoration when damage exceeds 50% of pre‑damage value for non‑SFRs; valuation method affects whether rebuild is allowed (§ 18.02.090(C).4.b)	Verify accepted valuation methodology with Planning/Building and get a formal cost‑estimate or appraisal before assuming reconstruction is allowed.
"Substantial alteration" is not precisely quantified	The term determines whether an alteration converts a use or increases nonconformity; discretionary interpretation may trigger denial	Obtain a pre‑application consultation; provide plans showing no increase in nonconformity and cite § 18.02.090(C).3 for supporting rationale .
Interaction with ADU approvals	State ADU law limits the city’s ability to withhold ADU permits due to certain nonconforming zoning conditions; local code does not fully spell out the interplay	Verify with Planning and reference state ADU guidance in the uploaded ADU handbook; consider submitting both zoning and building permit packages contemporaneously .
Whether a prior building permit "lapsed"	§ 18.02.090(C).1 preserves the right to continue an activity if a permit issued before adoption did not lapse — proof may be required	Confirm permit history; if the permit lapsed, the protection may be lost; obtain records from the Building Division .
Nonconforming signs—value threshold and repair scope	A sign that is 75%+ destroyed must be removed or made compliant; calculating fair market value and scope of "repair" affects compliance	Confirm the city's process for fair market valuation and get a sign contractor estimate before planning reconstruction (§ 18.02.090(E)) .

Plain‑English summary

If your Cloverdale property was legal when built but no longer meets today's zoning rules, you can generally keep using and maintaining it — but you cannot expand it in ways that make its nonconformity worse, you must rebuild within short deadlines after major damage (and usually not beyond original size), and if the nonconforming use stops for more than 180 days it cannot be restarted; find the specific rules in § 18.02.090 and the district rules for your zone .

Source References

Cloverdale Municipal Code — § 18.02.090. Nonconforming uses, structures, lots and signs.
Cloverdale Municipal Code — § 18.14.030. Definitions (definitions for "nonconforming use/structure/lot")
Cloverdale Municipal Code — § 18.02.080. Violations and enforcement (enforcement context)
Cloverdale Municipal Code — Chapter 18.04. Residential Zoning Districts (use table § 18.04.040 and site development standards § 18.04.050)
Cloverdale Municipal Code — Chapter 18.05. Commercial Zoning Districts (use table § 18.05.030 and site standards § 18.05.040)
Cloverdale Municipal Code — Chapter 18.06. Industrial Zoning Districts (use table § 18.06.030 and site standards § 18.06.040)
Cloverdale Municipal Code — Chapter 18.03. Land Use Permits and Approvals (development review, variances, minor exceptions)
Cloverdale nonconforming sign rules referenced in § 18.02.090(E); sign compliance and permit program in Chapter 18.12 (see ordinance table of contents)
2025 California ADU handbook (uploaded guidance on state ADU law and interaction with nonconforming zoning conditions)

Sources

Retrieved passages

Cloverdale Zoning Code (title shall) High relevance
Cloverdale Zoning Code (title are) High relevance
Cloverdale Zoning Code (§ 18.02.090) High relevance
Cloverdale Zoning Code (§ 18.02.090) High relevance
Cloverdale Zoning Code (§ 18.14.030) High relevance
Cloverdale Zoning Code (§ 18.02.090) High relevance
Cloverdale Zoning Code (Section 18001.8) High relevance
Cloverdale Zoning Code (§ 18.02.080.) Medium relevance
Cloverdale Zoning Code (§ 18.05.030) Medium relevance
Cloverdale Zoning Code (§ 66314) Medium relevance
Cloverdale Zoning Code (§ 18.03.120.) Medium relevance
Cloverdale Zoning Code (§ 18.05.030) Medium relevance
Cloverdale Zoning Code (§ 66333) Medium relevance
Cloverdale Zoning Code (§ 18.05.030) Medium relevance

Cited sections

Official Cloverdale code library

Frequently asked questions

What happens if my nonconforming business stops operating for 200 days in Cloverdale?

If a nonconforming use is discontinued for a continuous period of one hundred eighty (180) days or more, the nonconforming use may not be reestablished and the site must thereafter be used in conformity with the zoning district; see § 18.02.090(B).4 .

Can I expand a nonconforming building to add more square footage?

No—Cloverdale prohibits altering or enlarging a nonconforming structure in a way that increases the degree of nonconformity with setbacks, height, floor area ratio, or parking. Any enlargement that increases discrepancy with current standards is disallowed under § 18.02.090(C).3 .

If my nonconforming single‑family house is destroyed by fire, can I rebuild it exactly as it was?

Yes, for single‑family residences: the structure may be restored and the nonconforming use resumed provided restoration begins within one year, is diligently pursued to completion, and the restored structure does not exceed the original square footage or otherwise increase nonconformity (§ 18.02.090(C).4.a) .

For other (non‑SFR) buildings, when is rebuilding allowed after major damage?

Other nonconforming structures may be restored only if the cost to replace or restore the entire structure is 50% or less of the structure’s value immediately prior to destruction; if destruction exceeds 50% of value (or the building is voluntarily razed), it may not be restored in nonconforming form (§ 18.02.090(C).4.b) .

Does Cloverdale allow a nonconforming lot to be used for new construction?

Yes. A lot that was lawfully created but does not meet current lot size/dimensional rules may be used as a building site if it is shown on a duly approved recorded tract or parcel map or is (or is eligible for) issuance of a certificate of compliance or conditional certificate of compliance (§ 18.02.090(D)) .

Can I change the use of a property that is nonconforming because it never had required entitlements?

If a use is nonconforming only due to absence of required entitlements (i.e., the use existed when permits were not required), the use may not be expanded to occupy a greater land area without first securing the required entitlement (for example, a conditional use permit); upon securing the entitlement the use becomes conforming (§ 18.02.090(B).2) .

Are nonconforming signs allowed to be changed or have new copy installed?

Nonconforming signs may be maintained and the text/face can be changed under permit, but they may not be altered, enlarged, relocated, or reconstructed in a way that increases nonconformity; if a sign’s fair market value is reduced by 75% or more by damage it must be removed or brought into compliance (§ 18.02.090(E)) .

If my building predates the current code and had a permit before the current Title 18, am I protected?

Yes—nothing in the title requires changes to plans, construction, or designated use for any building for which a building permit was issued prior to the effective date of the ordinance, provided that permit did not lapse; see § 18.02.090(C).1 .

Do I need a variance to keep an existing nonconforming condition?

Cloverdale’s nonconforming rules generally allow continuation and limited maintenance without a variance, but any proposed enlargement or change that would increase nonconformity is disallowed; if strict enforcement would create practical difficulty you may pursue a variance or minor exception under Chapter 18.03 — see the variance/minor exception procedures and required findings in Chapter 18.03 (see § 18.03.020–§ 18.03.040) .

How do state ADU rules affect a nonconforming property in Cloverdale?

State ADU law can limit a local agency’s ability to deny an ADU based on correcting nonconforming zoning conditions. Cloverdale’s code does not override those state constraints — consult state ADU guidance and discuss with Planning for the precise application to your parcel (state guidance in the uploaded ADU handbook) . ---

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