Local zoning · Madera County

Madera County — Nonconforming Uses

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

Last reviewed: July 6, 2026

Overview

This page explains how Madera County’s zoning ordinance treats nonconforming uses, structures, and lots in the unincorporated areas. It synthesizes the operative rules in Title 18 – Zoning, shows how they apply across the County’s base and overlay districts, and flags practical thresholds that commonly trigger loss or modification of nonconforming status. For general context on how zoning fits together locally, see the County’s high‑level zoning & planning overview and the map of base zoning.

The single most important rule: a lawful use that became nonconforming when the code changed may continue, but it cannot be altered, intensified, or expanded unless the ordinance specifically allows it, you obtain prior administrative approval, or you secure a conditional use permit.

What “nonconforming” means in unincorporated Madera County

The ordinance defines a nonconforming structure as one lawfully existing when Title 18 (or an amendment) took effect but which no longer conforms to one or more zoning regulations. See § 18.04.530 . “Structural alterations” are any changes to supporting members, roof structure, or exterior walls (a key term used in change‑of‑use rules). See § 18.04.520 .
County‑wide applicability: “Regulations in any district are as provided in Chapter 18.86, nonconforming uses.” See § 18.94.070 .

Operative rules (Title 18 – Chapter 18.86)

Continuation. A lawful use that becomes nonconforming “may be continued” even if it no longer conforms. However, it “shall not be altered, changed in use or occupation, increased or otherwise expanded except by conditional use permit.” See § 18.86.010 .
Changes between nonconforming uses. If no structural alterations are made, a nonconforming use may, with prior approval of the zoning administrator, be changed to another nonconforming use of the same or a more restricted classification; after such a change, it may not be changed back to a less‑restricted use. See § 18.86.020 .
Discontinuance. If a nonconforming use is discontinued for six consecutive months, any future use must conform to the underlying district, except when the nonconforming use is agricultural. See § 18.86.030 .
Damage and restoration. If a nonconforming use structure is damaged more than 75% of its local assessed value (as of the ordinance date), it may not be restored except in conformance. Total structural repairs/alterations to a nonconforming structure shall not exceed 15% of the local assessed value in any one‑year period unless the use is permanently changed to a conforming use; other repairs/alterations may be permitted only with a conditional use permit. See § 18.86.040 .
Conditional use status. Existing nonconforming uses may petition for conditional use status; the zoning agency may grant a CUP if specified public health/safety and compatibility findings are met, with hearing procedures referenced in §§ 18.108.050–18.108.100. See § 18.86.050 .
Prior permits (vested rights). Projects with issued permits and substantial start within six months are not forced to change their approved plans, but if the resulting land use does not conform, it thereafter becomes a nonconforming use. See § 18.86.060 .

Nonconforming lots

Recorded undersized lots may be used for any purpose permitted in the zoning district, but multi‑family residences are not allowed on such lots. Setbacks/open space may not be reduced except by written approval of the zoning administrator. See § 18.100.010(E) .

District-by-district: how nonconforming use rules meet the districts

The nonconforming rules above apply “in any district” (see § 18.94.070), but dimensional limits and permitted use lists still matter when you evaluate if and how a nonconforming use can change or rebuild. For base districts and overlays in unincorporated areas, these are the most decision‑relevant touchpoints:

CUM — Commercial, Urban, Median

Purpose/setting. Commercial mixed retail/office environments in urbanized areas. Not explicitly stated; infer from permitted uses in code. Not found in retrieved materials.
Typical permitted uses. Retail sales, customer service, restricted retail sales, and professional offices by right; one single‑family dwelling allowed with a zoning permit; a long list of commercial/light industrial‑type activities with a CUP (e.g., auto service, contractor yards, machine shops, nurseries, outdoor theaters). See § 18.32.010(A)–(C) .
Key dimensional standards. Not found in retrieved materials.
Where it applies. Urban commercial corridors/centers in the unincorporated County. Verify with the jurisdiction.

CUR — Commercial, Urban, Restricted

Purpose/setting. Neighborhood‑scale commercial and residential mix. Not found in retrieved materials.
Typical permitted uses. Restricted retail, professional office, multifamily dwelling, and one single‑family dwelling or manufactured home on permanent foundation; emergency shelters also listed. Additional uses by CUP (e.g., establishments serving liquor; churches; labs; communications towers). See § 18.36.010 .
Key dimensional standards. Front setback 10 ft; side/rear offsets referenced globally in §§ 18.98.010–.090 via district chapter; height and lot standards follow the general height and lot dimension framework unless otherwise specified. See § 18.36.020 and §§ 18.98.100–.130; 18.100.010 .
Where it applies. Urbanizing nodes and corridors in unincorporated areas. Verify with the jurisdiction.

I‑L — Industrial, Urban or Rural, Light

Purpose/setting. Light industrial and supporting commercial. Not found in retrieved materials.
Typical permitted uses. Light industrial, general commercial, customer service, office, motel, certain wireless communications facilities, and emergency shelters by right; single‑family dwelling and mini‑storage by zoning permit; various activities by CUP (e.g., retail sales, labs, cemeteries, airstrips). See § 18.42.010(A)–(C) .
Key dimensional standards. Not found in retrieved materials.
Where it applies. Industrially planned areas in unincorporated regions. Verify with the jurisdiction.

ARE‑20 — Agricultural, Rural, Exclusive (20‑acre designation)

Purpose/setting. Accommodate a wide range of agricultural uses on agricultural lands. See § 18.56.010(A) .
Typical permitted uses. Agricultural activities; specific use lists not included in retrieved excerpts. Not found in retrieved materials.
Key dimensional standards. County indicates this designation “requires minimum eighteen‑acre parcels.” See § 18.56.010(B) .
Where it applies. Working agricultural lands in the valley/foothill areas outside cities. Verify with the jurisdiction.

ARE‑40 — Agricultural, Rural, Exclusive (40‑acre designation)

Purpose/setting. Same agricultural purpose framework. See § 18.58.010(A) .
Typical permitted uses. Agricultural activities; specific use lists not included in retrieved excerpts. Not found in retrieved materials.
Key dimensional standards. County indicates this designation “requires minimum thirty‑six‑acre parcels.” See § 18.58.010(B) .
Where it applies. Larger agricultural holdings in unincorporated areas. Verify with the jurisdiction.

ARE‑80–640 — Agricultural, Rural, Exclusive (80–640‑acre designations)

Purpose/setting. Accommodate agricultural uses; 80‑acre minimums primarily for grazing lands. See § 18.60.010(A)–(B) .
Typical permitted uses. Agricultural activities; specific use lists not included in retrieved excerpts. Not found in retrieved materials.
Key dimensional standards. “Minimum eighty‑acre parcels” (for ARE‑80 through ARE‑640 tiers). See § 18.60.010(B) .
Where it applies. Extensive rangeland and resource areas. Verify with the jurisdiction.

ARF — Agricultural, Rural, Foothill

Purpose/setting. “Accommodate a wide variety of uses including but not limited to all types of agricultural uses on a smaller scale,” with a “two and one‑half‑acre minimum.” See Chapter 18.64, purpose .
Typical permitted uses. Agricultural and rural‑residential accessory uses; detailed lists not included in retrieved excerpts. Not found in retrieved materials.
Key dimensional standards. Not found in retrieved materials.
Where it applies. Foothill tracts in unincorporated areas. Verify with the jurisdiction.

AAO — Airport/Airspace Overlay

Purpose/setting. Protect airport operations; applies in mapped airspace surfaces. See § 18.78.010 .
Typical permitted uses. Any underlying use except those that create interference (glare, smoke/dust, electrical interference) or exceed mapped height limits. See § 18.78.010(A) .
Key dimensional standards. Prohibits residential structures within 100 ft of the projected centerline of an instrumented runway for one mile and imposes mapped height limits for structures/trees. See §§ 18.78.020–.030 .
Where it applies. Mapped airport influence/airspace areas in the County.

VCO — Village Core Overlay

Purpose/setting. Enable mixed‑use, compact, pedestrian‑oriented centers with more flexible use mixes than base zones allow. See § 18.69.000 .
Typical permitted uses. Through a design review permit: general commercial, residential, retail (including restricted retail), and customer service. See § 18.69.010(A) . Required mix targets apply (e.g., minimum 10% mixed‑use core, 20% residential, 10% public). See § 18.69.010(B) .
Key dimensional standards. Not found in retrieved materials.
Where it applies. Mapped “urban village” areas designated by the County.

For other mapped districts (e.g., RUS, RRS families, RUM, RRM, CUG/CRG/CRM/CRR/CRH, I‑H, QMD, IA, OSS/POS, TPZ, PRD/PSC/PIP/PIA), see the County’s district list in § 18.08.010 and confirm site‑specific standards and any overlay constraints before acting on a nonconforming situation. See § 18.08.010 and the County’s land use and development standards pages for context .

Decision table — core nonconforming thresholds

Topic	County rule (plain English)	Code Reference
Continuation of lawful nonconforming use	May continue, but no alteration/expansion unless by CUP	§ 18.86.010
Change to another nonconforming use	Allowed if no structural alterations and zoning administrator approves; only to same or more restricted class	§ 18.86.020; “structural alterations” defined in § 18.04.520
Discontinuance period	6 consecutive months; agricultural nonconforming uses exempt from loss	§ 18.86.030
Damage threshold for rebuild	>75% of assessed value → must rebuild conforming	§ 18.86.040
Annual repair cap	≤15% of assessed value in any 1‑year period unless converted to a conforming use; other repairs may be allowed by CUP	§ 18.86.040
CUP path to legitimize an existing nonconformity	Zoning agency may grant conditional use status after public hearing per cited procedures	§ 18.86.050
Prior permits vested	Substantially started work within 6 months preserves approved plans; resulting use becomes nonconforming thereafter	§ 18.86.060
Undersized recorded lots	May be used for permitted uses; no multifamily; no setback/open space reduction without written admin approval	§ 18.100.010(E)
Parking retrofit trigger on rebuild	If building is destroyed/damaged as in § 18.86.040, parking must meet current standards when rebuilt	Parking chapter cross‑references § 18.86.040; see § 18.102.040 (notes)
Nonconforming signs	Subject to amortization/removal schedules; special rules for off‑premises signs in res/ag areas	§ 18.90.080–.090 (excerpts)

Process intersections to plan for

If you propose any change in use or limited repair to a nonconforming use, expect a zoning administrator review and potentially a conditional use permit. See § 18.86.020–.050 and CUP procedures in Chapter 18.92 (referenced in § 18.86.050) . Related design considerations may trigger design review for projects in overlays or special districts.
If constraints are dimensional (e.g., setbacks on a nonconforming lot), a narrowly tailored variance may be the right tool if findings in § 18.106.040 can be met .
Construction is still subject to the California Building Standards Code (Title 24); zoning approval does not waive life‑safety compliance.

Checklist

Confirm the parcel is in the unincorporated area and identify its base zone and any overlays using the official zoning maps and § 18.08.010 district list .
Document lawful establishment of the use/structure (permits, approvals, dates) to show it was legal when created (supports § 18.86.010 status) .
Determine if the nonconforming use has been discontinued for 6+ consecutive months; if so, confirm whether the agricultural exception applies (§ 18.86.030) .
If damaged, obtain the local assessed value and a qualified damage estimate to evaluate the 75% threshold and the 15% annual repair cap (§ 18.86.040) .
If proposing a change in use without structural alterations, prepare an operational statement for zoning administrator review (§ 18.86.020) .
If seeking “conditional use status,” prepare a CUP application consistent with § 18.86.050 and the County’s CUP hearing procedures (referenced §§ 18.108.050–.100) .
For undersized recorded lots, confirm multifamily is prohibited and that any setback relief has written administrator approval (§ 18.100.010(E)) .
Check related standards that may be triggered on rebuild or change of use (e.g., parking upgrades per § 18.102.040 notes; landscaping and screening, signage) .

Risks & Ambiguities

Issue	Why it matters	What to verify
“More restricted” vs. “less restricted” class in § 18.86.020	Determines whether a lateral change to another nonconforming use is permissible without structural work	Ask the zoning administrator which use classifications apply and whether your proposed use is “more restricted” in the County’s hierarchy
Measuring the 6‑month discontinuance window	A gap can permanently end nonconforming rights (except agricultural)	Establish continuous operation with records; obtain the County’s interpretation on “discontinued” for seasonal/partial operations (§ 18.86.030)
75% damage threshold and 15% annual repair cap	Crossing either threshold can force full conformance	Confirm the “local assessed value” date basis and the valuation method the County accepts (§ 18.86.040)
Parking retrofit on rebuild	A rebuild may trigger full parking compliance	Scope your site plan to current Chapter 18.102 standards; see the cross‑reference to § 18.86.040 in the parking chapter notes
Undersized recorded lots	Use may be allowed, but multifamily barred	Confirm recorded date and obtain any needed administrator approvals for setback/open‑space relief (§ 18.100.010(E))
Overlays (AAO, VCO, etc.)	Overlay limits can block otherwise “grandfathered” reconstructions	Check mapped overlays and their added standards before designing a rebuild (§§ 18.78.010–.030; 18.69.000–.010)
Signs	Nonconforming signs are amortized and can be ordered removed	Check sign status and amortization timelines; off‑premises signs in ag/res areas face additional state‑law constraints (§ 18.90.080–.090)

Plain-English Summary

If your use or building in the unincorporated areas was legal when built but no longer matches today’s zoning, you can usually keep it as‑is. But if you stop using it for six months (except farm uses), try to expand it, or it’s more than 75% destroyed, you’ll likely have to comply with current rules—or pursue a conditional use permit. For recorded undersized lots, you can still build permitted uses (not multifamily), but you’ll need written approval for any setback relief.

Source References

Madera County Zoning Ordinance (Title 18): definitions and nonconforming use provisions: §§ 18.04.520; 18.04.530; 18.86.010–.060; 18.94.070
Districts established: § 18.08.010 (district list)
Selected district standards and overlays: §§ 18.32.010 (CUM); 18.36.010–.020 (CUR); 18.42.010 (I‑L); 18.56.010 (ARE‑20); 18.58.010 (ARE‑40); 18.60.010 (ARE‑80–640); 18.64.010 (ARF); 18.69.000–.010 (VCO); 18.78.010–.030 (AAO)
Lot dimensions/open areas (nonconforming lot rule): § 18.100.010(E)
Parking interactions with nonconforming rebuilds: Chapter 18.102 notes (Existing Parking Lots) referencing § 18.86.040
Nonconforming signs and violations: Chapter 18.90 excerpts (including amortization references)
State ADU law limits on denying ADUs due to nonconforming zoning conditions: HCD 2025 ADU Handbook summary (Gov. Code §§ 66322–66323)

Information Gaps

District‑specific dimensional standards and full permitted‑use lists for several base districts (e.g., RUS/RRS/RUM/RRM, CUG/CRG/CRM/CRR/CRH, I‑H, QMD, IA, OSS/POS, TPZ, PRD/PSC/PIP/PIA) were not found in the retrieved materials. Verify with the jurisdiction.
Explicit “purpose” statements for commercial/industrial districts (other than those cited) were not found in the retrieved materials.
Exact amortization timelines for all nonconforming sign types in Chapter 18.90 were only partially retrieved; confirm with the planning department.

Sources

Retrieved passages

Madera County Zoning Code (§ 1) High relevance
Madera County Zoning Code (§ 1) High relevance
Madera County Zoning Code (§ 1) Medium relevance
Madera County Zoning Code (Section 6.04.290) Medium relevance
CBC § 66314 (§ 66314) Medium relevance
Madera County Zoning Code (Section 18.108.050) Medium relevance
Madera County Zoning Code (Section 18.102.120.) Medium relevance
CBC § 66321 (§ 66321) Medium relevance
Madera County Zoning Code (§ 1) Medium relevance
Madera County Zoning Code (§ 1) Medium relevance
Madera County Zoning Code (§ 1) Medium relevance
Madera County Zoning Code (§ 11) Medium relevance
Madera County Zoning Code (Title 18) Medium relevance
Madera County Zoning Code (§ 1) Medium relevance
Madera County Zoning Code (Title 18) Medium relevance
Madera County Zoning Code (chapter shall) Medium relevance
Madera County Zoning Code (§ 1) Medium relevance
Madera County Zoning Code (§ 1) Medium relevance
Madera County Zoning Code (§ 1) Medium relevance

Cited sections

Official Madera County code library

Frequently asked questions

Does a nonconforming use in unincorporated Madera County end if it sits idle for a while?

Yes. If it’s discontinued for six consecutive months, you lose the right to resume it, and any new use must comply with current zoning. Agricultural nonconforming uses are exempt from this loss rule. See § 18.86.030 .

Can I switch a nonconforming use (e.g., an old shop) to a different nonconforming use?

Possibly. If you make no structural alterations, the zoning administrator can approve a change to a nonconforming use in the same or a more restricted classification. Once you move “up” the restriction scale (or to a conforming use), you can’t switch back to a less‑restricted use. See § 18.86.020 and the definition of “structural alterations” in § 18.04.520 .

What happens if my nonconforming building is damaged by fire or storms?

If damage exceeds 75% of the building’s local assessed value (as of the ordinance date), you cannot restore it except in full conformity with current zoning. There’s also a 15% per‑year cap on structural repairs unless you convert to a conforming use or obtain a CUP. See § 18.86.040 .

I have a recorded undersized lot in the County; can I build?

Usually yes, for uses permitted in your zone. However, multifamily is not allowed on such lots, and you can’t reduce setbacks/open space below standards without written approval from the zoning administrator. See § 18.100.010(E) .

If I rebuild after a loss, will my parking lot be “grandfathered”?

Existing nonconforming parking lots can continue, but if your building is destroyed/damaged as described in § 18.86.040, the replacement must meet current parking standards. Plan for a full parking upgrade at rebuild. See § 18.102.040 notes and § 18.86.040 .

Do airport overlay limits affect nonconforming rebuilds?

Yes. Even if your use is grandfathered, AAO overlay limits on height and location still apply to any reconstruction. Check mapped surfaces and the 100‑foot runway centerline buffer in § 18.78.020–.030 before designing a rebuild. See § 18.78.010–.030 .

Can I get a permit to “legalize” a long‑standing nonconforming operation?

You can petition for conditional use status. The zoning agency may grant a CUP if findings are met and after a public hearing conducted per the procedures referenced in § 18.108.050–.100. See § 18.86.050 .

Will nonconforming issues block an ADU on my lot?

Generally no. State ADU law limits denial due to existing nonconforming zoning conditions unless they pose a health/safety threat affected by the ADU project. See HCD’s ADU summary (Gov. Code §§ 66322–66323) and the County’s ADU resources.

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