Local zoning · Farmersville

Farmersville — Nonconforming Uses

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

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Last reviewed: July 2, 2026

Overview

This page explains how the City of Farmersville treats nonconforming uses, nonconforming buildings/structures, and nonconforming lots under the local zoning ordinance. The code defines the terms, permits limited maintenance and restoration, restricts enlargement or relocation, and starts a vacancy clock that can force conformance; the controlling local rules live in § 17.68.080 and the local definitions at § 17.08.296 and § 17.08.300.

Note: this page stays focused on zoning/planning rules only (not Title 24 building-code compliance). If you plan physical work, also check the city’s rules on development standards, parking, and design review.

What the code says (short synthesis)

  • The ordinance defines a nonconforming building and a nonconforming use as any lawful building/use that was legal when made but does not meet current Title 17 standards (§ 17.08.296, § 17.08.300).
  • The primary nonconforming rules sit in § 17.68.080: continued use is allowed in place, limited maintenance/repair is allowed, enlargement/extension/relocation is restricted, restoration after damage is allowed up to a 50% market-value threshold, and a continuous 90‑day vacancy discontinues the nonconforming right.
  • Nonconforming signs are handled separately (see Chapter 17.84 as referenced in § 17.68.080).

District-by-district breakdown

Below are the Farmersville districts most often implicated when property owners or prospective buyers encounter nonconforming conditions. Each district entry shows purpose, typical permitted uses, key dimensional standards (that nonconforming buildings may not meet), and where that district applies in practice.

R-1 — Single-Family Residential

  • Purpose: Provide single-family neighborhoods and typical low-density housing (see Chapter 17.24).
  • Typical permitted uses: single-family dwellings, accessory structures, ADUs (subject to § 17.24.060).
  • Key dimensional standards (decision‑relevant): Front yard: 25 ft, Interior side: 5 ft (one story), Rear yard: 10 ft, Minimum lot area: 6,000 sq ft (exceptions for legally created substandard lots). These figures are found at § 17.24.040.
  • Where it matters for nonconformance: many older houses sit inside smaller lots or closer to property lines than current R-1 standards; such structures can remain as nonconforming buildings but may not be enlarged or moved in ways that increase the nonconformity without bringing the whole building into conformance. See § 17.68.080.

R-M / R-MULTIPLE FAMILY — Multi‑Family Residential

  • Purpose: Allow higher-density housing (two base zones RM‑2.5 and RM‑4.0).
  • Typical permitted uses: apartments, duplexes, ADUs/JADUs (subject to the ADU rules at § 17.24.060), limited community facilities.
  • Key dimensional standards: Height: 3 stories / 30 ft (general limit), Front yard: 15 ft, minimum lot widths and density rules are in § 17.32.030–040.
  • Where it matters for nonconformance: older multiunit buildings with lot coverage, setbacks, or yard separations below today's RM standards retain nonconforming status but cannot be enlarged or re‑used after extended vacancy except to conform. See § 17.68.080.

C-G — General Commercial (and C-C Central Commercial / C-H Highway Commercial)

  • Purpose: Accommodate general retail, offices and neighborhood-serving commercial uses (see Chapters 17.44, 17.42, 17.46).
  • Typical permitted uses: retail stores, services, offices, limited auto uses (see land‑use tables). Specific tables and qualifiers are in the commercial chapters and Table 2 (Chapter 17.56).
  • Key dimensional/performance rules: some commercial zones have no rear yard requirement, specific front-yard parking setbacks (e.g., 8 ft in certain industrial/commercial zones), and performance rules (screening, noise limits). See § 17.44.050–060 and related tables.
  • Where it matters for nonconformance: the re‑occupancy of some commercial buildings is subject to the zoning administrator’s approval per the commercial/industrial sections — check § 17.60.070 and related zone-specific rules.

17.60 / I — Industrial and I-L Light Industrial

  • Purpose: Provide for light industrial and more intensive commercial uses; I-L chapter sets purpose and a permitted‑use table (§ 17.64.010–020).
  • Typical permitted uses: light manufacturing, warehousing, equipment service, with conditional use requirements where the use abuts residential zones.
  • Key dimensional/performance rules: Front yard: 8 ft in some industrial zones, no rear yard in some industrial districts but special yard rules apply when abutting residential zones; performance standards include screening, parking setbacks, noise and dust rules (see § 17.60.050–060).
  • Where it matters for nonconformance: when industrial buildings that predate current rules are damaged or vacated, the 50% restoration threshold and 90‑day vacancy rule in § 17.68.080 control whether reconnection as a nonconforming use can continue.

U-R — Urban Reserve

  • Purpose: Preserve land for future development and limit premature conversion (see § 17.16.010–040).
  • Typical permitted uses and standards: residential uses per the residential table, lot area: 2.5 acres, front setback: 35 ft, side/rear setbacks and lot width enumerated at § 17.16.040.
  • Where it matters for nonconformance: agricultural or older uses within U‑R that predate annexation or rezoning can remain as nonconforming uses but are subject to the same limitations in § 17.68.080.

Quick decision table — nonconforming rules (most used at intake)

Issue Rule / Effect Code Reference
Definition: nonconforming building A lawful pre‑existing building that does not meet current Title 17 standards § 17.08.296
Definition: nonconforming use A lawful pre‑existing use that does not comply with current Title 17 uses § 17.08.300
Continue existing use Allowed to continue in place (subject to limitations below) § 17.68.080(A)
Maintenance / repair Routine maintenance allowed; no structural alterations except as required by building inspector § 17.68.080(B)(1)
Additions / enlargements Not allowed unless the entire structure and use are made to conform § 17.68.080(B)(2)
Relocation Not permitted unless building will conform after move § 17.68.080(B)(3)
Restoration after damage Repairs allowed if damage ≤ 50% of market value and restoration starts within 90 days and is diligently pursued; if >50% then must conform § 17.68.080(B)(4)
Vacancy Continuous vacancy/unoccupancy > 90 days ends nonconforming right — subsequent occupancy must conform § 17.68.080(D)
Extension of nonconforming use May not be extended to other parts of building unless authorized by zoning administrator § 17.68.080(C)(1)
Nonconforming signs Addressed separately in Chapter 17.84 (see § 17.68.080(A)) § 17.68.080(A)

Practical guidance for common scenarios

  • If you own a building closer to the public right‑of‑way or with smaller yards than current limits, you likely hold a nonconforming building — you can continue occupancy and perform maintenance, but you generally cannot enlarge the footprint or add new nonconforming elements without bringing the whole structure into compliance (§ 17.68.080(B)(2)). Verify any enlargement plan with the zoning administrator.
  • If a pre‑existing commercial tenant leaves, track the 90‑day vacancy clock; after 90 days the building cannot be re‑occupied by the former nonconforming use unless it conforms to current zoning (§ 17.68.080(D)). Re‑occupancy for commercial/industrial buildings may also require zoning administrator approval under the relevant zone chapter.
  • If a structure is substantially damaged, obtain an independent valuation to determine whether the damage exceeds 50% of market value; if it does, reconstruction must meet current standards (§ 17.68.080(B)(4)). Start restoration work within 90 days to preserve the right when damage ≤50%.

Remember to check design and site requirements early: development standards, design review, and parking rules may still apply to projects that affect the exterior or operation of a nonconforming use.

Checklist

  • Confirm whether the building/use was lawful at the time it became nonconforming (establish historic permit/occupancy). See § 17.08.296 / § 17.08.300.
  • Determine whether proposed work is routine maintenance/repair or a structural alteration (repairs allowed; structural alterations limited) — consult § 17.68.080(B)(1).
  • If proposing enlargement/addition, plan to bring the entire building/use into conformance; otherwise the addition will be denied (§ 17.68.080(B)(2)).
  • If building was damaged, obtain market‑value damage estimate and confirm whether damage exceeds 50% threshold and whether restoration can start within 90 days (§ 17.68.080(B)(4)).
  • If property has been vacant, check continuous vacancy period; vacancy > 90 days ends the nonconforming use (§ 17.68.080(D)).
  • For requests to extend a nonconforming use within a building, apply to the zoning administrator for authorization (§ 17.68.080(C)(1)).
  • Check zone‑specific re‑occupancy/plot plan/design review rules in the applicable district chapter (for example § 17.24.040, § 17.32.040, § 17.60.070).

Risks & Ambiguities

Issue Why it matters What to verify
Vacancy clock (continuous 90 days) If a nonconforming use is left vacant > 90 days, you lose the right to resume it — costly if tenant turnover occurs. Confirm exact dates of vacancy, any interim uses, and whether the zoning administrator made determinations under § 17.68.080(D).
Damage valuation ("50% of market value") Different appraisals produce different thresholds which determine whether rebuilding must conform. Obtain a professional appraisal and confirm the city’s method; note § 17.68.080(B)(4) sets the rule but not the valuation method.
What counts as "structural alteration" Repairs are allowed but structural alterations are typically not; disputes can block needed work. Ask the building inspector/zoning administrator to confirm whether proposed work is repair (per § 17.68.080(B)(1)). Verify with the jurisdiction.
Extension within a building The code allows extension only if authorized — risky for expanding a nonconforming use. File an application with the zoning administrator and confirm criteria used for authorization (§ 17.68.080(C)(1)).
Interaction with ADU rules State ADU law limits how local nonconforming zoning conditions are treated; Farmersville's ADU rules (§ 17.24.060) include local standards. Review § 17.24.060 for ADU ministerial rules, and if applicable check state ADU law — verify with planning staff.
Applicability across districts Some zone chapters require re‑occupancy approval by the zoning administrator for commercial/industrial buildings (extra discretionary step). Confirm district‑specific re‑occupancy language (e.g., § 17.60.070(B)) and whether your parcel is in that district.

Plain-English Summary

If your building or use in Farmersville was legal when it was created but no longer meets today's zoning rules, you can usually keep occupying it — but you can only do limited repairs, you usually cannot add on or move it, and if it's vacant more than 90 days or damaged beyond half its market value, the city can require it to meet current rules before it can be used again; see § 17.68.080 and the local definitions in § 17.08.296 and § 17.08.300.

Information Gaps

  • The Farmersville excerpts provide the 50% damage threshold and 90‑day vacancy rule, but they do not specify the city’s precise appraisal methodology for determining “market value” when damage occurs. Not found in retrieved materials.
  • The ordinance text in § 17.68.080 references Chapter 17.84 for nonconforming signs, but the retrieved materials did not include the full Chapter 17.84 text in the search results shown. Verify with the jurisdiction.
  • The code grants discretion to the zoning administrator for some authorizations (e.g., extension of use, re‑occupancy) but the exact administrative standards and appeal record requirements for those determinations are not fully detailed in the returned snippets. Verify with the jurisdiction.

Source References

  • Farmersville Municipal Code, § 17.68.080 (Nonconforming uses): full nonconforming rules (maintenance, additions, relocation, restoration, vacancy).
  • Farmersville Municipal Code, § 17.08.296 (Nonconforming building) and § 17.08.300 (Nonconforming use): definitions.
  • Farmersville Municipal Code, § 17.24.040 (R‑1 area, lot width, yard requirements — front yard 25 ft, side yards, rear yard, lot area).
  • Farmersville Municipal Code, § 17.32.030–040 (R‑M height and area/density/yard requirements).
  • Farmersville Municipal Code, § 17.16.040 (U‑R lot area and setbacks).
  • Farmersville Municipal Code, § 17.60.050–070 (I and industrial zone setbacks, performance standards, re‑occupancy rules).
  • Farmersville Municipal Code, Chapter 17.64 (I‑L Light Industrial zone purpose and Table of permitted uses).
  • Farmersville Municipal Code, Chapter 17.44 / 17.48 (commercial zone performance and re‑occupancy clauses).
  • Farmersville Municipal Code, § 17.24.060 (Accessory Dwelling Units — local ADU rules updated 2024).
  • For state ADU context (how state ADU law interacts with local nonconforming zoning conditions): 2025 California ADU Handbook (HCD).

Sources

Retrieved passages

  • Farmersville Zoning Code (§ 1) High relevance
  • CBC § 1 (§ 1) High relevance
  • Farmersville Zoning Code (§ 1) High relevance
  • Farmersville Zoning Code (Title 25) High relevance
  • Farmersville Zoning Code (§ 14) Medium relevance
  • CBC § 66321 (§ 66321) Medium relevance
  • Farmersville Zoning Code (title shall) Medium relevance
  • Farmersville Zoning Code (§ 1) Medium relevance
  • Farmersville Zoning Code (§ 66314) Medium relevance
  • Farmersville Zoning Code (§ 66333) Medium relevance
  • Farmersville Zoning Code Medium relevance
  • CBC § 66314 (§ 66314) Medium relevance
  • CBC § 1207.4 (section shall) Medium relevance
  • California Building Code (section and) Medium relevance
  • CBC § 1 (Section G.4.) Medium relevance

Cited sections

Frequently asked questions

What is a nonconforming use in Farmersville?

A nonconforming use is a use that was lawfully established but does not comply with current Title 17 zoning rules; local definitions are at § 17.08.300, and the rules governing continued use are at § 17.68.080.

Can I repair a nonconforming building in Farmersville?

Yes — routine maintenance and repairs are allowed to keep the structure in sound condition, but structural alterations are generally prohibited except as required by the building inspector; see § 17.68.080(B)(1).

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

If damage is ≤ 50% of the building’s market value and restoration is started within 90 days and diligently pursued, the building may be restored and the use resumed; if damage exceeds 50%, reconstruction must conform to current zoning (§ 17.68.080(B)(4)).

How long can a nonconforming commercial space sit empty before it loses its status?

A continuous vacancy or unoccupancy period of more than 90 days ends the nonconforming right; after that the building or land must be used in a manner conforming to the current zone (§ 17.68.080(D)).

Can I add an addition to a nonconforming house in Farmersville?

No — additions or enlargements to a nonconforming building are not permitted unless the entire building and the addition are made to conform to the current zone regulations (§ 17.68.080(B)(2)).

Does Farmersville treat nonconforming signs differently?

Yes — § 17.68.080(A) states that nonconforming signs are governed by Chapter 17.84, which contains the sign‑specific rules. The nonconforming‑use section defers to that chapter for signs.

If I want to resume an old commercial use, do I need permission?

Often yes: certain commercial/industrial re‑occupancies are explicitly subject to approval by the zoning administrator (see zone chapters, e.g., § 17.60.070(B)). Confirm the district rules that apply to your parcel.

Do ADU permits have special rules when the property has nonconforming elements?

Farmersville’s ADU rules (local § 17.24.060) implement ministerial ADU permitting and include parking and setback standards; state ADU law also limits conditioning ADU approvals on correcting nonconforming zoning conditions — check both § 17.24.060 and state ADU guidance. Verify with planning staff.

Who is the appeal board for zoning administrator decisions about nonconforming uses?

The planning commission is the appeal board for staff or zoning administrator decisions; the city council is the appeal board for planning commission decisions per § 17.08.020.

If I want to move a nonconforming building onto my lot, is that allowed?

A nonconforming building may not be moved to another lot or another portion of the same lot unless after the move the building will conform to the zone regulations where it will be located (§ 17.68.080(B)(3)).

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