Delano — Nonconforming Uses

Last reviewed: July 2, 2026

Overview

This page explains how the City of Delano treats nonconforming uses, nonconforming structures, and nonconforming lots under the Delano zoning ordinance. The operative rules are in § 20.2.120 (nonconforming uses/structures) and related zone- and use-specific sections (for example, adult‑oriented uses in § 20.11.30) — see the citations for the controlling text and tables. § 20.2.120 defines what counts as nonconforming, sets time limits for re‑establishment, limits enlargement and alteration, and establishes restoration rules after damage.

(Where the page discusses development details you may need to consult the city's Delano Zoning pages, the Delano Development Standards tables, or the city's rules on parking.)

Key city rules, in plain terms

• A use, structure, or lot that was lawful when created but no longer complies because the code changed is "nonconforming." § 20.2.120 defines applicability and terms.
• If a nonconforming use is discontinued for 180 days or more, it cannot be re-established (with a specific exception for single‑family dwellings in districts that allow them). § 20.2.120.3
• Nonconforming structures and uses may be continued and maintained, but enlargement/alteration that increases the nonconformity is prohibited. § 20.2.120.4–6
• Repair/restoration after damage is allowed only if damage does not exceed 50% of the structure’s value; above 50% the structure must be rebuilt to current standards. § 20.2.120.6
• The code includes special amortization and extension rules for certain uses (for example, adult‑oriented businesses under § 20.11.30).

Below you’ll find a district‑by‑district breakdown (what each district is for, typical permitted uses, and the key dimensional standards that matter when something is nonconforming). For development‑level details consult the Delano Development Standards tables and the zone use tables embedded in the code.

R-A (Rural/Agricultural)

Purpose: preserve agricultural/rural lots while allowing very low‑density residential uses. R-A primarily allows agricultural uses and low‑density residences. Table of uses and development standards for R-A appear in Table 4.B.

Typical permitted uses: commercial agriculture, single‑family residences (P), accessory structures, some community facilities. See Table 4.A / 4.B for use and dimensional rules.

Key dimensional standards (summary from Table 4.B): minimum lot area 108,900 sq ft, generous setbacks (front 40 ft typical), maximum height often 50 ft in R‑A. Nonconforming buildings that predate a standard may remain but may not be enlarged if enlargement would increase the discrepancy. § 20.2.120 and Table 4.B.

Where it applies: rural edges and large‑lot residential areas shown in Table 2.A consistency table.

R-1 (Single‑Family Residential)

Purpose: conventional single family residential neighborhoods. R-1 allows single‑family homes, accessory dwelling units (ADUs), home occupations. See Table 4.A and Table 4.B.

Typical permitted uses: single‑family dwellings (P), Accessory Dwelling Units (ADUs) (see the Delano ADU rules and state ADU law), small home occupations.

Key dimensional standards (Table 4.B highlights): minimum lot area generally 6,000–6,500 sq ft, front setback 15 ft (varies), side yards 5 ft (typical), maximum height 35 ft. Nonconforming setbacks and lot‑area situations are treated as nonconforming structures and may be maintained but not altered to increase the nonconformity; single‑family dwellings have a limited discontinuance exception. § 20.2.120.3–4

Practical note: the code specifically says the city shall not require correction of nonconforming zoning conditions as a condition to approve an ADU application. For ADU specifics see the Delano ADUs page and the ADU provisions in the code.

R-2 and R-3 (Medium / Multi‑Family Residential)

Purpose: support duplexes, small apartment buildings (R‑2, R‑3), with density and setback standards in Table 4.B.

Typical permitted uses: multi‑family units (P in R‑2/R‑3 where allowed), accessory residential uses, small institutional. Key standards (from Table 4.B): minimum lot area 9,000 / 12,000 sq ft, side setbacks often 5–10 ft, heights typically 35 ft, lot coverage caps 40–60% depending on district. Nonconforming structures may be maintained but cannot be expanded to worsen the variance from these standards. § 20.2.120.4–5

GC / NC / DC (General Commercial / Neighborhood Commercial / Downtown Commercial)

Purpose: provide locations for retail, offices and services in different intensities. Use table is Table 5.A; it lists permitted/conditional uses per district (for example, automotive dealerships are permitted in GC but limited elsewhere).

Typical permitted uses: administrative offices, retail shops, personal services, restaurants (subject to CUP in some districts). Some uses (adult‑oriented businesses) are expressly prohibited in certain commercial districts — see § 20.11.30 for adult‑oriented business rules and amortization provisions.

Key dimensional standards: commercial setbacks, lot coverage, and parking requirements are district dependent (see Table 5.A and the parking chapter). Nonconforming commercial uses may continue but cannot expand into additional space they did not occupy at the time they became nonconforming. § 20.2.120.5

CRC (Community Retail Commercial) and I (Industrial)

Purpose: CRC is for larger retail, light manufacturing and distribution; I is for industrial/manufacturing uses. Uses are listed in Table 6.A.

Typical permitted uses: CRC supports warehousing, food processing, light manufacturing (P or CUP depending on exact use); I allows a broader set of manufacturing and heavy uses. Nonconforming industrial uses have special maintenance timeframes. § 20.2.120.4.b provides that commercial/office nonconforming uses may be maintained for 30 years, industrial uses for 40 years after they become nonconforming.

Key dimensional standards: site plan review, parking, buffering, and screening are emphasized in industrial zones; expansions that increase the nonconformity are restricted. See site plan/review and buffering sections and Delano Design Review rules.

CF (Community Facilities), PA (Parks), DI (Drilling Island) and other special zones

Purpose and permitted uses for community/institutional districts are in Table 3.A and related chapters (public buildings, schools, hospitals). DI is narrowly for oil/gas activities. Nonconforming uses in these districts follow the same core nonconforming rules: continuation allowed, but not enlargement that increases the departure from standards; see § 20.2.120 and the specific CF / DI use tables.

Most decision‑relevant rules (quick reference table)

Checklist — permit / review items an applicant should prepare

• Confirm whether the use/structure/lot was lawfully established prior to the zoning change (title report, old permits). Verify with the jurisdiction. § 20.2.120.2
• For uses: document any discontinuance dates (to check the 180‑day rule). § 20.2.120.3
• For proposed repairs or reconstruction after damage: obtain an estimate of restoration cost vs replacement cost to apply the 50% test and get Building Official review. § 20.2.120.6.b
• If seeking enlargement or relocation: show the proposal eliminates the nonconformity or obtain discretionary permits (variance/CUP) and site plan review. § 20.2.120.5 and Site Plan Review provisions § 20.2.65
• If proposing an ADU, read the ADU rules — the city will not require correction of nonconforming zoning conditions as a condition for ADU approval. Check the Delano ADUs page and the ADU section in the code.
• Prepare parking justification referencing Delano Parking standards when the use intensity changes.
• If relying on amortization extension (e.g., adult‑oriented uses), prepare the investment proof and file within the time windows required. § 20.11.30.11

Risks & Ambiguities

Plain‑English summary

If your building, lot, or business in Delano was legal when it was built but doesn't meet today’s zoning, it is probably a “nonconforming” use or structure and can generally continue — but you cannot expand it, you risk losing the status if it stays unused for more than 180 days, and if it’s more than 50% destroyed you must rebuild to meet current rules. The detailed rules are in § 20.2.120 and the use‑ and district‑specific tables.

Source References

• § 20.2.120 — Nonconforming use and structures provisions (applicability, discontinuation, maintenance, enlargement, restoration)
• § 20.11.30 — Adult‑oriented businesses: nonconforming recognition, amortization, extension procedures
• Table 4.A / Table 4.B — Uses permitted within residential districts and residential site development standards (R‑A, R‑1, R‑2, R‑3)
• Table 5.A — Uses permitted within commercial districts (GC, NC, DC)
• Table 6.A and Chapter 20.6 — Employment districts ( CRC, I ) uses and intent; industrial vs. commercial distinctions matter for maintenance timeframes.
• § 20.2.65 — Site Plan Review (applicability and process relevant when modifying nonconforming sites)
• ADU provisions in the Delano code (city will not require correction of nonconforming zoning conditions as a condition of ADU approval)

Retrieved passages

• Delano Zoning Code (Chapter shall) High relevance show source text
• Delano Zoning Code (Section is) High relevance show source text
• Delano Zoning Code (Chapter 20.14) High relevance show source text
• Delano Zoning Code (Section 20.2.180) High relevance show source text
• Delano Zoning Code (Title became) High relevance show source text
• CBC § 1 (Chapter 20.2.120) High relevance show source text
• CBC § 125 (Chapter 20.14) Medium relevance show source text
• Delano Zoning Code (Title or) Medium relevance show source text
• Delano Zoning Code (Section is) Medium relevance show source text
• Delano Zoning Code (§ 66314) Medium relevance show source text
• CBC § 66314 (§ 66314) Medium relevance show source text
• Delano Zoning Code Medium relevance show source text
• CBC § 66321 (§ 66321) Medium relevance show source text
• CBC § 202 (section 202) Medium relevance show source text
• Delano Zoning Code (Section is) Medium relevance show source text
• Delano Zoning Code (§ 66333) Medium relevance show source text
• Delano Zoning Code (Chapter 3) Medium relevance show source text

Cited sections

• **§ 20.2.120** — Nonconforming use and structures provisions (applicability, discontinuation, maintenance, enlargement, restoration) (§ 20.2.120)
• **§ 20.11.30** — Adult‑oriented businesses: nonconforming recognition, amortization, extension procedures (§ 20.11.30)
• Table 4.A / Table 4.B — Uses permitted within residential districts and residential site development standards (R‑A, **R‑1**, **R‑2**, **R‑3**)
• Table 5.A — Uses permitted within commercial districts (**GC**, **NC**, **DC**)
• Table 6.A and Chapter 20.6 — Employment districts ( **CRC**, **I** ) uses and intent; industrial vs. commercial distinctions matter for maintenance timeframes. (Chapter 20.6)
• **§ 20.2.65** — Site Plan Review (applicability and process relevant when modifying nonconforming sites) (§ 20.2.65)
• ADU provisions in the Delano code (city will not require correction of nonconforming zoning conditions as a condition of ADU approval)
• Delano_ZoningCode.md

• Official Delano code library