Local zoning · Hanford

Hanford — Nonconforming Uses

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

Last reviewed: July 2, 2026

Overview

This page explains how the City of Hanford treats nonconforming uses, nonconforming structures, and nonconforming lots under Title 17 (Zoning). It is a plain‑English, Hanford‑specific summary of the rules that allow legally existing but now‑noncompliant uses, buildings, and parcels to continue, the limits on repairs/expansions, and the discretionary paths (conditional use permits) to re‑establish or change those uses. For development rules referenced below (setbacks, lot coverage, height) see the city’s Hanford Development Standards page; for parking impacts see Hanford Parking.

Chapter 17.90 of the Hanford Zoning Ordinance is the controlling chapter for nonconforming items; the ordinance repeatedly states the intent to let preexisting lawful conditions continue but not to encourage expansion. See § 17.90.010 and the specific rules summarized below.


Core Hanford rules (what the code actually says)

  • Applicability: the nonconforming chapter applies where a use, structure, or lot was lawfully started or created but no longer meets one or more provisions of Title 17. Nonconforming signs are handled separately (Chapter 17.56) — § 17.90.020 .

  • Definition — Nonconforming use/structure/lot: a use, structure or lot that complied with law when established but now violates the zoning code is nonconforming. See the definitions and § 17.90.030 / § 17.90.040 / § 17.90.050 and definitions in the code glossary .

  • Abandonment / discontinuance: if a nonconforming use is abandoned, discontinued or changed to a conforming use for a continuous period of six months, it may not be reestablished and the site must thereafter comply with the current zoning — § 17.90.060(A) . Two exceptions protect certain agricultural and animal‑raising uses tied to annexation — § 17.90.060(B–C) .

  • Limited expansion and re‑establishment: a nonconforming use may be expanded one time by up to 10% of existing floor area only if the City grants a conditional use permit under Chapter 17.80. A nonconforming use discontinued more than six months but less than 18 months may be reestablished only with a conditional use permit — § 17.90.070 .

  • Repairs vs. enlargements: routine maintenance and repairs on a nonconforming structure are allowed, but moving, altering or enlarging a nonconforming structure so as to increase floor area or increase the degree of nonconformity (coverage, setbacks, height, spacing) is prohibited unless the change brings the structure into compliance or is required by law — § 17.90.040(B–D) .

  • Damage or destruction: if a nonconforming structure is damaged to 75% or more of its structural mass (determined by the Building Official) or voluntarily razed, it may not be restored except in full compliance with the current zoning. If damage is less than 75%, reconstruction and reuse in nonconforming status is allowed. There is a one‑year window in which certain reconstructions may be approved via a conditional use permit: residential nonconforming structures in residential zones, and commercial nonconforming structures in commercial or industrial zones — § 17.90.080(A–C) .

  • Nonconforming lots: a lot legally created before the code that no longer meets lot‑size or dimension standards is a nonconforming lot. A nonconforming lot may be used for any use allowed in its zone, and a conforming structure may be built on a nonconforming lot — § 17.90.050(A–D) . Subdividing or adjusting lot lines is not allowed unless the change makes the lot conforming or reduces the nonconformity and does not create a new nonconforming use/structure — § 17.90.050(B) .

  • Removal / minor nonconformities: the code authorizes removal of certain small or hazardous nonconforming uses on notice (30 days unless otherwise specified); for example, a nonconforming use that does not occupy a structure or uses a structure with assessed value under $1,000 must be discontinued or converted to conforming use — § 17.90.090(B) .

  • Eminent domain: if a lot or setback is reduced by eminent domain the rules for nonconforming lots/structures apply, but the use is not automatically treated as nonconforming solely because of eminent‑domain loss of parking — § 17.90.100(A–C) .

  • Change from one nonconforming use to another: permitted only via a conditional use permit and only if the approving authority finds the new use will not alter the character of the zone, increase traffic, create more nuisances (noise, odor, glare, etc.), or be detrimental to public health and safety — § 17.90.110(A–B) .


District‑by‑district implications (how the nonconforming rules apply across Hanford’s zones)

Below are the most decision‑relevant Hanford zone districts where nonconforming status commonly appears. Each subsection gives the district purpose, typical permitted uses (high level), key dimensional standards that commonly create nonconformance, and where the district is applied in the city (refer to the zoning map). For full permitted‑use tables see Table 17.08.020 and the listed district chapters.

Note: the code contains many district chapters. The examples below cite the district chapters that appear in the ordinance text and are likely to be relevant to nonconforming situations.

Residential — R-L-5, R-L-8, R-L-12, R-M, R-H

  • Purpose / typical uses: intended for single‑family and various multifamily densities; allowed uses are set by Table 17.08.020 and district chapters such as Chapter 17.10§ 17.10.010–020 .
  • Key dimensional standards that commonly drive nonconformity: minimum lot area (R-L-5: 5,000 sf with limited small‑lot exceptions), front setbacks (15 ft for livable space; 20 ft for garages in R‑L zones), rear setbacks (15–20 ft depending on walls/easements), side setbacks (interior 5 ft; street side 10 ft), maximum height 35 ft, and maximum lot coverage rules (e.g., R‑L‑12 = 50% coverage) — § 17.10.030; § 17.10.070; § 17.10.090; § 17.10.060 .
  • Where applied and practical note: because repairs/residence rebuild rules differ for residential zones (see § 17.90.080(C)(1)) a damaged nonconforming home in a residential district may be reconstructed by CUP within one year — § 17.90.080(C)(1) .

Corridor Mixed Use — MX‑C, Mixed Use Neighborhood MX‑N, Downtown Mixed Use MX‑D

  • Purpose / typical uses: mix of retail, services, and housing to encourage pedestrian activity; uses and standards in Table 17.08.020 and Chapters 17.24 (MX‑N), 17.26 (MX‑C) and zone text — § 17.24.010; § 17.26.010 .
  • Key dimensional standards: front setback commonly 15 ft, minimum site area often 5,000 sf, zero or reduced side setbacks when not abutting residential, and maximum lot coverage determined by combined setbacks/parking/open space rules — § 17.24.060; § 17.24.050 .
  • Practical note: commercial uses located in MX zones with preexisting nonconformance (setbacks, coverage) are subject to the general nonconforming limitations (no enlargement except by CUP per § 17.90.070) — § 17.90.070 .

Commercial — C‑S, C‑H, C‑R, C‑N

  • Purpose / typical uses: service, highway‑oriented retail, regional retail — permitted uses vary by district and are listed in Table 17.08.020 and district chapters. Special rules exist for certain businesses (e.g., commercial hemp uses are limited by district) — § 17.67.030 .
  • Key dimensional standards: front setbacks generally 15 ft for many commercial districts; parking requirements in Chapter 17.54 often drive nonconforming status (but note a use whose only nonconformance is parking is not deemed nonconforming) — § 17.30.060; § 17.90.030(C) .
  • Practical note: damaged commercial nonconforming structures in commercial or industrial zones may be reconstructed via CUP within one year — § 17.90.080(C)(2) .

Office — O

  • Purpose / typical uses: office uses, small professional services; Chapter 17.32 sets minimum site and setbacks (e.g., front setback 15 ft, max height 50 ft) — § 17.32.030–080 .
  • Practical note: rules regarding alterations and allowed expansions of nonconforming structures apply the same (see § 17.90.040) and zone setbacks are enforced when considering reconstruction or expansion — § 17.90.040(B) .

Industrial — I‑L, I‑H

  • Purpose / uses: light and heavy industrial uses (manufacturing, distribution). Some uses may be conditional in other districts and permitted in industrial zones. Industrial standards (setbacks, screening, and lot coverage) are in district chapters and development standards; nonconforming industrial buildings follow the same repair/expansion limitations — § 17.90.040; § 17.90.080 .

Quick decision table — most relevant code excerpts

Issue / Standard Rule in plain English Code Reference
What counts as nonconforming A use/structure/lot lawful when created but now violating Title 17 (signs excluded) § 17.90.020
Nonconforming use (definition) Lawful prior use that now violates use regulations § 17.90.030
Nonconforming structure (limits on change) Repairs OK; increases in floor area or increased nonconformity not allowed unless bringing into compliance § 17.90.040(B–D)
Discontinuance threshold Abandonment or continuous discontinuance of 6 months → cannot reestablish § 17.90.060(A)
Reestablish after 6–18 months May reestablish only with CUP (Chapter 17.80) § 17.90.070(B)
One‑time expansion Up to 10% of floor area with CUP (only one time) § 17.90.070(A)
Destruction threshold 75% or more structural mass destroyed → no restoration except in full compliance; <75% may be rebuilt § 17.90.080(A–B)
Nonconforming lots May be used for any use allowed in zone; conforming structure may be built; no subdivision unless conformance improves § 17.90.050(C–D)
Change of nonconforming use to another Allowed by CUP only if findings (no worse impacts) are made § 17.90.110(A–B)

Checklist (what an applicant must satisfy to request expansion/rebuild/re‑establishment)

  • Confirm the property’s nonconforming status (was lawfully established prior to the code/name change) — verify applicable historic permit or county history where annexed (see § 17.90.030(B)) .
  • Determine whether the requested action is routine maintenance (allowed) or an enlargement/alteration (likely not allowed without CUP) — consult § 17.90.040 and the Building Official.
  • If seeking reestablishment after abandonment or re‑establishment within 6–18 months, prepare a conditional use permit application consistent with Chapter 17.80 and the required findings in § 17.90.070 .
  • If proposing any expansion (≤10% one‑time cap), show current floor area, proposed increase, and operational impacts (traffic, odor, noise) per § 17.90.070 .
  • If rebuilding after damage, document extent of structural loss and coordinate with the Building Official for the 75% determination; if >75% propose full compliance or if ≤75% document reconstruction scope per § 17.90.080 .
  • Check development standards that most commonly cause nonconformance (setbacks, height, lot coverage) on the Hanford Development Standards page and confirm whether the proposed work reduces or increases nonconformity.
  • Address parking impacts early (see Hanford Parking), but note the code says a use is not nonconforming solely because of parking shortage in some circumstances — § 17.90.030(C) .
  • If a change to another nonconforming use is requested, prepare evidence addressing the four findings in § 17.90.110(B) .
  • Coordinate with Planning staff early about whether design review or historic permits are required; design review rules are in the Hanford Design Review materials and historic resource rules may affect nonconforming historic buildings (see historic chapters) .
  • For any variance relief required to allow reconstruction or change, follow the Hanford Variances and Exceptions procedures and show hardship consistent with Chapter 17.70/17.84.

Risks & Ambiguities

Issue Why it matters What to verify
Whether a use is truly “lawful when established” The entire nonconforming protection depends on lawful establishment; if earlier work lacked permits it may not qualify Verify historical permits/records and, if annexed, whether the use was lawful under Kings County before annexation — § 17.90.030(B)
Whether a proposed change “increases the difference” from standards The code forbids enlargements that increase the nonconformity; ambiguous renovation scopes can be treated as enlargement Confirm proposed measurable metrics (floor area, coverage, setbacks, height) with the Community Development Department and the Building Official — § 17.90.040(B)
Extent of damage (≤ or > 75%) The 75% threshold controls whether restoration in nonconforming status is allowed Building Official will determine percentage of structural mass; get an early inspection and written determination — § 17.90.080(A–B)
Parking vs. nonconforming use The code says if parking is the only provision not met, a use is not a nonconforming use — but practical enforcement varies Verify whether parking shortage can be corrected or whether the City treats the use as nonconforming in your case — § 17.90.030(C)
Subdivision or lot line changes for nonconforming lots Lot line changes are limited unless they make the lot conforming and don't create new nonconformities Confirm with Planning and Public Works before preparing a map or lot line adjustment — § 17.90.050(B)
Interplay with overlays or specific plans Overlay districts (airport, historic) can add separate restrictions that alter recovery/rebuild options Check the applicable overlay (e.g., Airport Overlay Chapter 17.44) and specific plan provisions which may control over Title 17 — § 17.02.070 and § 17.90.100(D) (airport overlay references)

Plain‑English summary

If your building, lot, or business in Hanford was legal when it started but now violates a zoning rule, the city will usually let it continue — but you generally cannot expand it beyond small, limited exceptions (one 10% floor‑area increase by CUP), and if it’s abandoned for six months it loses protection; big damage (75%+) typically forces full compliance with current zoning. See the nonconforming chapter for the details: § 17.90.020–§ 17.90.110 .


Source References

  • Hanford Zoning Ordinance, Chapter 17.90, Nonconforming Uses, Structures and Lots — § 17.90.010–§ 17.90.110 .
  • Specific nonconforming rules cited: § 17.90.020, § 17.90.030, § 17.90.040, § 17.90.050, § 17.90.060, § 17.90.070, § 17.90.080, § 17.90.090, § 17.90.100, § 17.90.110 .
  • District and standards references used above: Chapters 17.10 (R‑L zones) — § 17.10.010–§ 17.10.100 ; Chapter 17.24 (MX‑N) — § 17.24.060 ; Chapter 17.26 (MX‑C) — § 17.26.010–§ 17.26.050 ; Chapter 17.32 (Office zone) — § 17.32.030–§ 17.32.080 ; Commercial hemp location rules (example of district‑specific use limits) — § 17.67.030 .
  • Definitions and glossary references: definitions for “nonconforming lot/structure/use” — 17.04/definitions and glossary entries .
  • Note: this page interprets and synthesizes the Hanford Zoning code excerpts retrieved from the uploaded ordinance document; verify parcel‑specific applications with the Community Development Department. If you need contacts or the zoning map, check the city’s Hanford Zoning or Hanford — zoning & planning overview pages.

Sources

Retrieved passages

  • Hanford Zoning Code (§ 17.90.020.) High relevance
  • Hanford Zoning Code (title may) High relevance
  • Hanford Zoning Code (§ 17.90.050.) High relevance
  • Hanford Zoning Code (§ 17.90.080.) High relevance
  • Hanford Zoning Code (§ 17.88.070.) High relevance
  • Hanford Zoning Code (§ 17.90.090.) High relevance
  • Hanford Zoning Code (§ 17.90.110.) High relevance
  • CFC § 17.68.030 (§ 17.68.030.) High relevance
  • Hanford Zoning Code (§ 17.68.030.) Medium relevance
  • CBC § 66314 (§ 66314) Medium relevance
  • Hanford Zoning Code (§ 17.62.100.) Medium relevance
  • CBC § 17.30.190 (§ 17.30.190.) Medium relevance
  • Hanford Zoning Code (Chapter 17.69.) Medium relevance
  • CBC § 17.24.030 (§ 17.24.030.) Medium relevance
  • Hanford Zoning Code (§ 3) Medium relevance
  • Hanford Zoning Code (Section 17021.5) Medium relevance

Cited sections

Frequently asked questions

What makes a use nonconforming in Hanford?

A use is nonconforming if it was lawfully begun before the current Title 17 rules or while under Kings County jurisdiction and now does not comply with the use regulations; parking‑only shortfalls are excluded from making a use nonconforming. See § 17.90.030 .

Can I expand a nonconforming business or building?

You may expand a nonconforming use only once and only up to 10% of the existing floor area with an approved conditional use permit (Chapter 17.80) — otherwise the code prohibits enlarging the nonconformity — § 17.90.070; § 17.90.040(B) .

If my nonconforming use was closed for six months, can I go back to it?

No — if a nonconforming use is abandoned, discontinued or converted to a conforming use for a continuous period of six months, it may not be reestablished; if it’s discontinued for more than six months but less than 18 months, reestablishment may be possible only with a conditional use permit — § 17.90.060; § 17.90.070(B) .

My nonconforming house was damaged in a fire — can I rebuild?

If damage is less than 75% of the structural mass you may rebuild and reuse it in its nonconforming status; if 75% or more was destroyed, you cannot restore it except by bringing the structure into full compliance with current zoning. The Building Official determines the percentage — § 17.90.080(A–B) .

Can I build an ADU on a nonconforming lot or to a nonconforming structure?

The Hanford code allows a nonconforming lot to be used for any use allowed in the zone and allows a structure conforming to Title 17 to be constructed on a nonconforming lot; whether an ADU fits that description depends on the zone and development standards. See § 17.90.050(C–D) and consult the local ADU page Hanford ADUs and City staff for parcel‑specific direction — § 17.90.050(D) .

If my lot is nonconforming, can I change the lot lines?

A nonconforming lot shall not be subdivided or have its lot lines adjusted unless the subdivision or lot line adjustment brings the lot into conformance or reduces the nonconformity and does not create a new nonconforming use or structure — § 17.90.050(B) .

Does a lack of required parking automatically make my use nonconforming?

No — the code states a use shall not be deemed nonconforming if the only provision not being met is the minimum amount of on‑site parking or loading area. However, parking requirements still affect approvals and site plans; coordinate with staff and see Hanford Parking§ 17.90.030(C) .

Can I switch from one nonconforming use to a different nonconforming use?

Yes, but only by obtaining a conditional use permit and only if the approving authority finds the proposed use will not worsen the zone’s character (traffic, noise, odor, safety, etc.) — § 17.90.110(A–B) .

Does eminent domain automatically create a nonconforming use or structure?

If eminent domain reduces lot area, the nonconforming lot/structure rules apply but nonconforming use rules do not automatically apply; if a required yard or setback area is reduced, a building may be deemed nonconforming but may be structurally altered provided the alterations comply with other zone requirements — § 17.90.100(A–B) .

Do wireless antennas/towers count as expansions of a nonconforming use if installed on a nonconforming site?

Towers and antennas installed under the WCF chapter and its exemptions are not treated as expansion of a nonconforming use/structure; WCFs have their own permit rules by zone (many residential zones prohibit WCFs) — see § 17.68.050 and WCF permitting rules in § 17.68.090–100 .

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