Fairfield — Nonconforming Uses

Last reviewed: July 2, 2026

Overview

Fairfield’s rules for nonconforming uses, structures, and lots live in the Zoning Ordinance under Section 25.46 and related specific-plan sections. The ordinance preserves certain legally established pre-existing uses and buildings while limiting enlargement, repair, or re‑establishment and setting abandonment rules so that nonconformities phase out over time (purpose: § 25.46.1) .

When reading this page keep in mind: “nonconforming” means the use/structure/lot was lawful when created but no longer would be allowed under current zoning; rights and limits are set by § 25.46.2 (restrictions) and § 25.46.3 (loss/abandonment) . Special areas such as the Train Station Specific Plan and the Heart of Fairfield have different rules; see the district subsections below and the Train Station provisions (interim use permit rules) for annexation situations (Train Station references in the code: § 25.28.7.K and related Train Station text) .

Before you alter a nonconforming building or use, confirm development standards like parking, setbacks, or design-review requirements; permitted exceptions interact with those rules and with the California Building Standards Code for permits and safety work (see first mentions of related topics below): parking (/us/california/fairfield/parking), development/setback standards (/us/california/fairfield/development-standards), design review (/us/california/fairfield/design-review), overlay districts (/us/california/fairfield/overlay-districts), ADUs (/us/california/fairfield/adu), and the California Building Standards Code (/us/california/building-codes).

How the ordinance regulates nonconformities (quick legal anchors)

• The Zoning Ordinance establishes the intent and baseline rules: § 25.46.1 (Purpose) and § 25.46.2 (Restrictions on nonconforming structures and uses) .
• Limits on enlargement, replacement and repairs (including monetary thresholds) are set within § 25.46.2 and implemented in several subsections (repair after calamity, replacement limits, maintenance caps) .
• Abandonment/loss-of-status clock and exceptions (Train Station Specific Plan; Heart of Fairfield) are in § 25.46.3 and the Train Station provisions (specific-plan text) .

District-by-district breakdown (what’s relevant to nonconforming status)

Below are the Fairfield zoning districts and plan areas that commonly house nonconforming conditions. For each district I identify the ordinance references that control permitted uses or development standards; do not treat numeric dimensional standards as exhaustive here — many actual setbacks, coverage, FAR and parking numbers are in the ordinance tables cited and must be checked per parcel.

Note: permitted-use tables and dimensional tables are called out repeatedly in the code (for example Table 25-1, Table 25-3, Table 25-4, Table 25-5, Table 25-6, Table 25-10, Table 25-12, Table 25-13) — consult those tables for the precise permitted uses and the district numeric standards; the nonconforming rules then overlay on those base district rules (see § 25.46.2 and the various plan-area references) .

Residential: RL, RLM, RM, RH, RVH, and small-lot variants

• Purpose / typical uses: household residential (single-family and multifamily as allowed by density) and accessory uses; the code points back to Table 25-1 and multifamily development tables for allowed uses in each residential designation .
• How nonconforming rules apply: residential structures that predate an ordinance change may be repaired or rebuilt under controlled conditions (single‑family may be rebuilt after calamity if a building permit is issued within 180 days; multifamily repair/rebuild is allowed up to certain monetary thresholds) — see § 25.46.2.C.1.a–b .
• Key dimensional references: development standards are in the multifamily, small‑lot, and single‑family tables (e.g., Tables 25‑3, 25‑4, 25‑5). For alternative multifamily reconstruction provisions consult § 25.20.3.3 (Alternative Multifamily Development Regulations) which explicitly deals with reconstruction of legally nonconforming multifamily buildings .
• Where it applies physically: citywide where these zones are mapped; specific plan areas (Train Station, Heart of Fairfield) may have tailored nonconforming rules (see below) .

Commercial: CN, CM, HDC (Historic Downtown/Community commercial)

• Purpose / typical uses: neighborhood and community retail, service, and mixed use; permitted uses are listed in Table 25‑9 or Table 25‑10 depending on the area and specific plan text .
• How nonconforming rules apply: a commercial nonconforming use may continue but cannot be enlarged beyond its lawful pre‑existing footprint; replacement with a similar nonconforming use is allowed under the requirements of § 25.46.2.B (including repair limits and occupancy/alteration rules) .
• Dimensional references: check Tables 25‑10 and design guidelines; parking and signage requirements remain applicable when change occurs (see parking /us/california/fairfield/parking and signage /us/california/fairfield/signage) .

Industrial: IL, IG

• Purpose / typical uses: light and general industrial uses as enumerated in the industrial tables (Table 25‑12) .
• How nonconforming rules apply: similar to commercial — existing legally nonconforming industrial operations may continue, may be eligible for relocation or limited interim uses in specific-plan contexts (see Train Station provisions permitting relocation to Planning Area 6 under certain conditions) .
• Dimensional references: see Table 25‑12 and Specific Plan text for additional buffering and setback requirements.

Public / Recreation / Facilities: REC, PF

• Purpose / typical uses: parks, recreation, public facilities per Table 25‑13 and related PF standards; nonconforming site improvements can be adjusted if changes reduce nonconformity § 25.46.2.D .
• Where it applies: city parks, school and civic sites; replacement rules for housing removed by public acquisition are specifically addressed in § 25.46.2.C.2 (replacement allowed up to the removed floor area subject to review) .

Train Station Specific Plan and Heart of Fairfield (special-plan districts)

• The Train Station Specific Plan contains its own nonconforming/annexation rules that may override or supplement citywide rules. A use legally established under Solano County that existed at annexation may become a legal nonconforming use (or an interim use) subject to the Train Station Specific Plan procedures; interim use permits are available with strict application and termination conditions (Train Station text, cross-referencing requirements and § 25.46 for structure/use provisions) .
• The Heart of Fairfield Plan Area short‑circuits the normal abandonment clock: nonconforming uses are presumed abandoned after 90 days of discontinuance in Heart of Fairfield (instead of the citywide 365 days) — see § 25.46.3.C .

Quick reference table — decision‑relevant nonconforming rules

Practical guidance / interpretation (plain-English synthesis)

• If a use or building on your property existed lawfully before the current zoning (or before annexation), it may be a legal nonconforming use or structure and therefore you generally may continue operation but cannot expand its footprint or intensity without meeting current standards or obtaining the required permits; see § 25.46.2.A .
• Small repairs and maintenance are generally allowed, but major repairs, rebuilding, or conversions trigger monetary caps (25% or 60% of assessed value depending on the building/use and circumstances) and may require compliance with current zoning and building codes; see § 25.46.2.C and § 25.46.2.B .
• If you stop a nonconforming use for longer than the abandonment period (citywide 365 days, 90 days in Heart of Fairfield, or different rules in the Train Station area), the City treats the use as abandoned and the site must thereafter conform to the current zoning rules (§ 25.46.3) .
• For annexed properties (Train Station Specific Plan), there are specific interim-use and relocation pathways and filing deadlines that can change rights when a parcel moves from Solano County jurisdiction into the City — check the Specific Plan provisions and interim permit timelines carefully (Train Station provisions and § 25.46) .

Checklist (what an applicant must satisfy)

• Confirm whether the use/structure was lawfully established before the zoning change or annexation (document permits, approvals, dates) — verify against city records (Director interpretations can be appealed) § 25.46.1–.2 .
• If proposing repairs/replacement, calculate repair cost as a percent of the Assessor’s last recorded value and compare to the caps (25% or 60%) in § 25.46.2.B–C .
• If damaged by calamity, secure a building permit within 180 days if you want to rely on the calamity repair allowance (§ 25.46.2.C.1.a–c) .
• If the use has been inactive, confirm the continuous discontinuance period (365 days citywide; 90 days in Heart of Fairfield; 2 years in special CUP-change situations) to avoid presumption of abandonment (§ 25.46.3) .
• For annexed properties in the Train Station area, check interim-use permit timelines and requirements (filing within one year of specified ordinance effective dates; see Train Station Specific Plan text and interim permit rules) .
• Check interaction with development standards — parking, setbacks, design review, overlays, ADU rules — before changing the use or the structure (consult the tables referenced in the zoning ordinance and related sections; use the City’s design-review and development-standards pages) /us/california/fairfield/parking /us/california/fairfield/development-standards /us/california/fairfield/design-review /us/california/fairfield/overlay-districts /us/california/fairfield/adu .

Risks & Ambiguities

Plain-English Summary

If your use or building in Fairfield was legal when it was established but no longer meets the current zoning, it may continue for a time as a legal nonconforming use or structure, but you generally cannot expand it and there are strict caps and time limits on repairs, replacements, and re‑establishment; check the rules in § 25.46.2–.3 and any special-plan language that applies to your parcel, and get the required building permits promptly if you rely on calamity‑repair allowances .

Source References

• Fairfield Zoning Ordinance — SECTION 25.46: NONCONFORMING USES AND STRUCTURES (Purpose; Restrictions; Loss of Nonconforming Status): § 25.46.1, § 25.46.2, § 25.46.3 .
• Train Station Specific Plan provisions addressing nonconforming uses, annexation, and interim use permits (Train Station text E & F; references to interim use permit procedures and filing requirements) — see Train Station language in the zoning file (cross‑references to § 25.46) .
• Alternative multifamily reconstruction rules and interaction with nonconforming multifamily buildings: § 25.20.3.3 (Alternative Multifamily Development Regulations) .
• Development‑table references and plan‑area standards (Tables 25‑1, 25‑3, 25‑4, 25‑5, 25‑6, 25‑10, 25‑12, 25‑13; specific plan map references appear across the ordinance text) — see the referenced tables and plan-area sections in the Zoning Ordinance file .
• Note: The city code file provided is the Fairfield Zoning Code excerpt current through Ordinances noted in the file; for final legal reliance contact the City Clerk or the Department of Community Development for official text and table lookups (the ordinance file itself contains the official § citations used above) .

Retrieved passages

• Fairfield Zoning Code (Section 25.46) High relevance show source text
• CFC § 25.46.3 (section shall) High relevance show source text
• Fairfield Zoning Code (Section 25.44) High relevance show source text
• Fairfield Zoning Code (section shall) High relevance show source text
• Fairfield Zoning Code (Section 12.4) High relevance show source text
• CFC § 25.46.3 (Section 25.46.3) High relevance show source text
• Fairfield Zoning Code (Chapter 25) High relevance show source text
• Fairfield Zoning Code (Section F) High relevance show source text

Cited sections

• Fairfield Zoning Ordinance — **SECTION 25.46: NONCONFORMING USES AND STRUCTURES** (Purpose; Restrictions; Loss of Nonconforming Status): **§ 25.46.1, § 25.46.2, § 25.46.3** . (SECTION 25.46)
• Train Station Specific Plan provisions addressing nonconforming uses, annexation, and interim use permits (Train Station text E & F; references to interim use permit procedures and filing requirements) — see Train Station language in the zoning file (cross‑references to **§ 25.46**) . (§ 25.46)
• Alternative multifamily reconstruction rules and interaction with nonconforming multifamily buildings: **§ 25.20.3.3** (Alternative Multifamily Development Regulations) . (§ 25.20.3.3)
• Development‑table references and plan‑area standards (Tables 25‑1, 25‑3, 25‑4, 25‑5, 25‑6, 25‑10, 25‑12, 25‑13; specific plan map references appear across the ordinance text) — see the referenced tables and plan-area sections in the Zoning Ordinance file .
• Note: The city code file provided is the Fairfield Zoning Code excerpt current through Ordinances noted in the file; for final legal reliance contact the City Clerk or the Department of Community Development for official text and table lookups (the ordinance file itself contains the official § citations used above) . (§ citations)
• Fairfield_ZoningCode.md

• Official Fairfield code library