Lemoore — Nonconforming Uses

Last reviewed: July 2, 2026

Overview

This page explains how the City of Lemoore treats nonconforming uses, nonconforming structures, and nonconforming properties under the Lemoore Zoning Code (Title 9). It summarizes the definitions, what may be continued or repaired, what is prohibited (expansions, moving, or re‑establishing after abandonment), how restoration after damage works, and where to look for district‑level development standards that interact with nonconforming status. All requirements below are taken from the Lemoore Zoning Code and cited to the controlling local code sections.

What the code says (key points)

• Definitions: Nonconforming use, nonconforming structure, and nonconforming property are defined in § 9-2C-2; a thing is "legally nonconforming" only if it was lawfully established before the ordinance change that made it nonconforming. § 9-2C-2.

• Continuation: A legal nonconforming use may continue, be sold, or be transferred, but it may not be enlarged, intensified, or occupy a larger area than it did when it became nonconforming. § 9-2C-3(A).

• Nonconforming structures: A structure that lawfully existed but does not meet current coverage, setback, yard, or separation standards may be used and maintained, subject to limits in the nonconforming article. § 9-2C-3(B).

• Maintenance allowed: Routine maintenance and repairs are allowed; seismic retrofitting and building‑code compliance work is explicitly permitted. § 9-2C-4. Note: building‑code compliance work also implicates state construction standards; see the California Building Standards Code for code compliance matters.

• No enlargement or intensification: Nonconforming uses cannot be modified to increase their nonconformity; nonconforming structures cannot be altered or enlarged so as to worsen the discrepancy with required standards; moving the structure requires the new location to conform. § 9-2C-5.

• Abandonment / discontinuance: If a nonconforming use is abandoned or discontinued for 12 continuous months, it may not be reestablished (except a similar type use may replace it within the 12‑month window). The city requires evidence of both intent and action to determine abandonment. § 9-2C-6(A).

• Extension / reestablishment after 12 months: A legal nonconforming use that has been discontinued for more than 12 months may be reestablished only upon approval of a conditional use permit and is likely to be conditioned on physical improvements to bring the property closer to conformance. § 9-2C-6(C); see § 9-2B-14 (Conditional Use Permit procedures).

• Temporary extensions: The 12‑month limit may be extended by a temporary use permit under the temporary uses article; the city may limit the extension (not more than 24 months) and require public‑right‑of‑way or streetscape improvements as a condition. § 9-4C-4 (extension standards) and § 9-4C-4(C).

• Restoration after damage: If a nonconforming structure is damaged, the building official determines the percent damage (repair cost vs replacement cost). If damage is less than 75%, restoration and resumption of the nonconforming use is allowed if work is started within one year and diligently pursued. If damage is 75% or more, the structure may not be restored except in full conformity with current district regulations. § 9-2C-7(A)–(B).

• Nonconforming signs: Treated separately; see the sign rules cross‑reference in § 9-2C-8, which defers to the sign chapter. § 9-2C-8.

• Evidence & enforcement: The code lists examples of evidence showing abandonment (removed equipment, disconnected utilities, no business records) and clarifies that a business license alone does not prove continuation. Enforcement tools include notices, correction periods, and permit revocation if nonconforming status is lost. § 9-2C-6 and enforcement provisions in § 9-1-4 and related sections.

District-by-district interaction (how nonconforming rules play out by district)

Below are the Lemoore zoning districts (as established in Title 9) where nonconforming issues are most commonly encountered, with the code references and the district development standards that matter for nonconforming status. For district development standards and allowed uses see the referenced tables and chapters; those standards determine when a structure or use is "nonconforming."

Note: for district development standards and allowed uses the Zoning Code tables are the controlling source; see Table 9-4B-2 (allowed uses) and the development standards tables in Chapter 5 and Chapter 6. The city also has downtown subdistricts and overlays that change standards in specific areas.

DMX‑1, DMX‑2, DMX‑3 (Downtown Mixed Use districts)

• Purpose: Downtown mixed‑use core and transition zones for pedestrian‑oriented and auto‑oriented downtown development. See § 9-6-2 for base downtown development standards.
• Typical permitted uses: retail, office, mixed residential/retail; consult Table 9-4B-2 for specifics by use.
• Key dimensional standards (examples from downtown base standards): front setback typically 0 ft (DMX‑1/DMX‑2) and 15 ft (DMX‑3); structure height ranges by subdistrict (e.g., DMX‑1 16'–40' max, DMX‑2 16'–25'). Exact values in table 9-6-2-B1 and table 9-6-2-A1. Nonconforming impact: a downtown building that predates DMX standards may be nonconforming for setbacks or height but may be maintained per § 9-2C-3(B) and repaired under § 9-2C-4, while enlargement that increases nonconformity is prohibited under § 9-2C-5.

(When discussing downtown matters you may also need site plan and architectural review rules; see the city's design review procedures.) Lemoore Design Review

NC, RC, PO, ML, MH (Neighborhood/Community/Office/Industrial categories)

• Purpose: These columns contain the city's principal office, commercial, and industrial zoning districts (e.g., NC, RC, PO, ML, MH) and the code lists development standards in the table for these districts. Nonconforming issues commonly arise where older industrial buildings or commercial frontages predate current lot‑coverage, setback, or parking standards. § 9-5B and the development standards tables list setbacks, lot coverage, FAR, and height by district.
• Typical permitted uses: See Table 9-4B-2; uses are labeled P, A, C, or N by district (Permitted, Administrative permit, Conditional, Not allowed). A nonconforming use is one that would now be N but was legal when established. § 9-4A-3 and Table 9-4B-2.
• Key dimensional standards (representative): front yard minimums vary (some commercial allow 0' front yard), interior side yards often 0' except when adjacent to residential districts (then is often 10'); lot coverage up to 65–80% in many commercial districts; height limits shown per district. Consult the development standards table for the exact numbers that determine whether an existing building is nonconforming. § 9-5B development standards tables.

If the property is within an overlay (for example the Naval Air Station Lemoore (NASL) overlay) additional rules apply to development and can affect the ability to reestablish or expand uses. Lemoore Overlay Districts

Residential base districts (AR, R‑LD, R‑MD, RM, etc.)

• Purpose and permitted uses: standard single‑family and multi‑family residential uses; detailed uses and whether ADUs are allowed are shown in Table 9-4B-2. ADU rules are also governed by state law; see the City ADU page for local implementation. Lemoore ADUs
• Typical dimensional standards: front/rear/side setbacks, garage setbacks, lot sizes, and lot coverage are contained in Chapter 5 and in special tract tables where planned unit developments use modified setbacks. Where a residential dwelling predates new residential standards it may be a nonconforming structure/property and may be maintained or repaired per § 9-2C-4; replacement after heavy damage follows § 9-2C-7. Planned unit developments may have special setbacks listed in table 9-9B-4-1 (examples: tract‑specific front setbacks of 18'–25').

For district permitted uses and to confirm whether a particular use is allowed or nonconforming consult Table 9-4B-2 in Chapter 4.

Quick reference table — Decision‑relevant nonconforming standards

Checklist (what an applicant must prepare / expect)

• Document the prior lawful use/structure date and proof that it was legally established (deeds, maps, permits, business records, photos). § 9-2C-3.
• Confirm the current zoning and the specific district development standards (setbacks, lot coverage, height) that create the nonconformity; consult Table 9-4B-2 and the applicable district development standards.
• If the use was discontinued >12 months, be prepared to apply for a conditional use permit and proposed conforming physical improvements. § 9-2C-6(C).
• If restoration after damage is needed, obtain the building official’s damage percentage determination; if <75%, plan to begin reconstruction within 1 year. § 9-2C-7.
• If seeking an extension of nonconforming status or a temporary re‑occupation, prepare a temporary use permit application and public‑improvement commitments; maximum extension normally not more than 24 months. § 9-4C-4(C).
• Expect enforcement review and potential need for zoning clearance, site plan/design review, and compliance with parking and other standards (see Lemoore Parking and Lemoore Development Standards).

Risks & Ambiguities

Plain‑English summary

If your building or business in Lemoore predates a zoning change that now prohibits or limits it, the code generally lets you keep operating and maintain or repair the property — but you cannot expand, intensify, or move the nonconforming condition; if you stop operating for 12 months you lose the right to continue; heavy damage (75% or more) means you must rebuild to current rules. The rules and required approvals are in the Lemoore Zoning Code (Title 9). §§ 9-2C-2 – 9-2C-7.

Source References

• Lemoore Zoning Code, Title 9 — Article C: Nonconforming Uses, Structures, and Properties: § 9-2C-1 through § 9-2C-8.
• Lemoore Zoning Code — Continuation, Maintenance, Modification, Abandonment, and Restoration provisions: § 9-2C-3, § 9-2C-4, § 9-2C-5, § 9-2C-6, § 9-2C-7.
• Lemoore Zoning Code — Temporary Uses and extensions (temporary use permit and extension of nonconforming period): § 9-4C-4.
• Lemoore Zoning Code — Allowed uses table and zoning districts (Table 9‑4B‑2) and development standards tables. Table 9‑4B‑2 and development standards tables in Chapters 5–6.
• Planned unit development tract standards (table 9‑9B‑4‑1).

For local pages that explain related review processes and standards:

• Lemoore Zoning (city zoning overview)
• Lemoore Development Standards (site and dimensional standards)
• Lemoore Design Review (site plan/architectural review for remodels/new construction)
• Lemoore Parking (parking requirements that affect re‑use)
• Lemoore Overlay Districts (includes NASL overlay)
• Lemoore ADUs (ADU policy and how state ADU rules interact with local nonconforming zoning)
• California Building Standards Code (state building code — relevant when repairing or retrofitting).

Retrieved passages

• Lemoore Zoning Code (article establishes) High relevance show source text
• Lemoore Zoning Code (section to) High relevance show source text
• CBC § 2013 High relevance show source text
• Lemoore Zoning Code (section to) High relevance show source text
• Lemoore Zoning Code (chapter 2) High relevance show source text
• CBC § 2013 (title that) High relevance show source text
• Lemoore Zoning Code (section 65913.4) High relevance show source text
• Lemoore Zoning Code (section 50093.) High relevance show source text
• Lemoore Zoning Code (chapter shall) Medium relevance show source text
• Lemoore Zoning Code (article C) Medium relevance show source text
• Lemoore Zoning Code (section and) Medium relevance show source text
• Lemoore Zoning Code (section 9-2B-7) Medium relevance show source text
• Lemoore Zoning Code (chapter 7) Medium relevance show source text
• Lemoore Zoning Code Medium relevance show source text
• Lemoore Zoning Code Medium relevance show source text

Cited sections

• Lemoore Zoning Code, Title 9 — Article C: Nonconforming Uses, Structures, and Properties: **§ 9-2C-1** through **§ 9-2C-8**. (Title 9)
• Lemoore Zoning Code — Continuation, Maintenance, Modification, Abandonment, and Restoration provisions: **§ 9-2C-3**, **§ 9-2C-4**, **§ 9-2C-5**, **§ 9-2C-6**, **§ 9-2C-7**. (§ 9-2C-3)
• Lemoore Zoning Code — Temporary Uses and extensions (temporary use permit and extension of nonconforming period): **§ 9-4C-4**. (§ 9-4C-4)
• Lemoore Zoning Code — Allowed uses table and zoning districts (Table 9‑4B‑2) and development standards tables. **Table 9‑4B‑2** and development standards tables in Chapters 5–6.
• Planned unit development tract standards (table 9‑9B‑4‑1).
• Lemoore Zoning (city zoning overview)
• Lemoore Development Standards (site and dimensional standards)
• Lemoore Design Review (site plan/architectural review for remodels/new construction)
• Lemoore Parking (parking requirements that affect re‑use)
• Lemoore Overlay Districts (includes NASL overlay)
• Lemoore ADUs (ADU policy and how state ADU rules interact with local nonconforming zoning)
• California Building Standards Code (state building code — relevant when repairing or retrofitting).
• Lemoore_ZoningCode.md

• Official Lemoore code library