Local zoning · Martinez

Martinez — Nonconforming Uses

Q: How does Martinez define a nonconforming use or structure?

Martinez defines a nonconforming use as a use lawfully established before adoption of the current Title 22 that no longer conforms to present use regulations; a nonconforming structure is a lawfully erected building that no longer meets current coverage, yard, height, or separation standards. These definitions and the Chapter purpose are in § 22.38.010 .

Q: What happens if my nonconforming building is burned or destroyed?

If damage is 50% or less (by the code’s cost ratio test) you can restore and resume the nonconforming use if restoration is started within one year and diligently pursued. If damage exceeds 50% , or the building is voluntarily razed or required to be razed, restoration is only allowed if the rebuild fully conforms to current district regulations. § 22.38.080 covers this.

Q: Can I get approval to start a new nonconforming use in an existing building?

Yes, but only via the Board of Adjustments by conditional use permit and only if the building has useful remaining life, the new use needs no major exterior/interior alterations, and the use is compatible with the neighborhood; conditions (painting, landscaping, repairs) may be imposed. § 22.38.070 .

Q: Are animal keeping rules treated as nonconforming uses?

Generally no, but there is a specific treatment in RR (Rural Residential) districts: keeping up to five horses or split‑hoofed animals is considered a nonconforming use. See § 22.38.120 .

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

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Last reviewed: July 2, 2026

Overview

This page summarizes how Martinez treats nonconforming uses, nonconforming structures, and non‑conforming lots under the local zoning code (Title 22). It explains how a lawful pre‑existing use or building becomes nonconforming, what maintenance, changes, or restorations are allowed, how abandonment and elimination work, and the process for creating or enlarging non‑conforming lots. For code text and hearing routes see the City Title 22 rules on nonconforming uses.

Note: this page covers only Martinez zoning rules (Title 22). For building code standards consult the California Building Standards Code and for design/parking rules see Martinez Development Standards, parking, and design‑review pages. Martinez Zoning is the starting point for district definitions. California Building Standards Code is the building‑code reference.

Chapter controlling nonconforming rules: Chapter 22.38 — Nonconforming Uses, Structures and Lots. Key definitions and rules are found at § 22.38.010 through § 22.38.140.

Core rules (plain-English, code anchors)

What is a nonconforming use/structure/lot: defined in § 22.38.010 (nonconforming use; nonconforming structure; non‑conforming lot).
When a use or building is nonconforming: the use or structure lawfully on the land on the effective date of this Title or amendments that no longer complies with current district rules is deemed nonconforming and may continue only as allowed by the Chapter. § 22.38.020.
Routine maintenance: routine maintenance and repairs are permitted on nonconforming uses and on nonconforming structures. § 22.38.020(C).
Alterations / enlargements: moving, altering, enlarging a structure with a nonconforming use is generally prohibited unless required by law or the change eliminates the nonconforming use; limited exception for residential uses in R and PA districts (no increase in dwelling units). § 22.38.030.
No increase in nonconformity: a nonconforming structure may not be moved, altered, enlarged or reconstructed so as to increase the discrepancy with coverage, yards, height or building separation rules for the district. § 22.38.040.
Change to another nonconforming use: prohibited without prior Planning Commission approval. § 22.38.050.
Abandonment / discontinuance: if a nonconforming use is abandoned, discontinued, or changed to a conforming use for a continuous period of one year, the nonconforming use cannot be reestablished without Planning Commission approval. § 22.38.060.
New nonconforming uses in existing structures: the Board of Adjustments can approve a new nonconforming use by conditional use permit if (1) the structure has useful remaining life, (2) the new use needs no major exterior/interior alterations, and (3) it will be compatible and not a neighborhood burden; the Board may add conditions (landscaping, painting, repairs). § 22.38.070.
Restoration after damage: a damaged nonconforming structure may be restored and the use resumed only when damage is 50% or less of value and restoration starts within one year and proceeds diligently; if damage exceeds 50%, voluntary razing, or required razing, the structure cannot be restored except in full conformity. The Building Inspector reviews cost estimates for this calc. § 22.38.080.
Amortization / elimination: certain nonconforming uses and low‑value structures had to be removed within three years from the effective date of the Title: nonconforming uses not occupying a structure and nonconforming uses in structures with assessed valuation less than $500. (Historical amortization language) § 22.38.090 — § 22.38.100.
Timing after rezoning: when a change in district boundaries or regulations creates a nonconformity, timing for removal/ elimination in §§ 22.38.090–100 is computed from the effective date of the change. § 22.38.110.
Animals: keeping livestock generally not considered nonconforming—exception: in RR (Rural Residential) districts keeping up to five horses or split‑hoofed animals is considered a nonconforming use. § 22.38.120.
Non‑conforming lots: a non‑conforming lot (legal when created but now below district minima) may be used for permitted uses subject to all district regulations; one single‑family dwelling plus customary accessory building may be allowed on any non‑conforming lot where single‑family dwellings are permitted, but the dwelling must conform to the district's design/regulations. Consolidation may be required for lots that never met legal creation standards. § 22.38.130.
Enlargement of non‑conforming lots: allowed by lot line adjustment or subdivision if the Planning Commission grants a use permit even when slope‑density rules aren’t met (requires Chapter 22.40 use permit). § 22.38.140.

See the Martinez pages for related processes: Martinez Development Standards, Martinez Design Review, and rules about parking and overlay districts that commonly interact with nonconforming situations.

District-by-district practical breakdown

Below are district subsections covering only districts explicitly referenced in Chapter 22.38 and other Martinez code snippets retrieved. For district-specific dimensional numbers (setbacks, lot coverage, FAR, parking counts) the Martinez zoning tables and Development Standards must be consulted; those numerics are not fully contained in the retrieved Chapter 22 nonconforming text. Verify with the jurisdiction for parcel‑specific application.

R (residential / single‑family general reference)

Purpose: standard single‑family residential zones used throughout Martinez; Chapter 22 references R when allowing limited alterations to nonconforming residential structures. § 22.38.030.
Typical permitted uses: single‑family dwelling, accessory structures, customary residential accessory uses (see primary zoning tables in Title 22). Not listed in Chapter 22.38 text. Not found in retrieved materials for exact permitted use list.
Nonconforming rules that matter here: a nonconforming residential structure in R may be moved, altered or enlarged provided the number of dwelling units is not increased. § 22.38.030.
Where it applies: citywide R zones—see Martinez Zoning for the map and district boundaries.

PA (public/administrative reference)

Purpose: public, administrative or institutional district (PA appears in the nonconforming text as a parallel to R for residential exceptions).
Typical permitted uses: public buildings, institutional facilities — exact list not in Chapter 22.38. Not found in retrieved materials for PA permitted uses.
Nonconforming rule: same limited allowance as R — a nonconforming residential structure in PA may be moved/altered/enlarged so long as dwelling unit count does not increase. § 22.38.030.
Where it applies: PA district boundaries are on the Martinez zoning map. See Martinez Land Use.

RR (Rural Residential)

Purpose: Rural residential uses on larger lots; Chapter 22 explicitly references animals here. § 22.38.120.
Typical permitted uses: residential and limited agricultural/animal keeping consistent with an RR district (full list in the zoning use charts; not all contained in Chapter 22.38). Not found in retrieved materials.
Nonconforming rule of note: the keeping of up to five horses or split‑hoofed animals in RR may be treated as a nonconforming use (an explicit exception). § 22.38.120.
Where it applies: see zoning map. Verify animal rules and other development standards with Martinez Development Standards.

R‑1.5, R‑2.5, R‑3.5 (density‑named residential districts)

Purpose: these labels (for example R‑1.5, R‑2.5, R‑3.5) appear in Martinez code discussion concerning historical scattered multiple‑family development and relief mechanisms; they are residential density zones.
Typical permitted uses: single‑family and multi‑family as defined in the zoning use tables (not reproduced in Chapter 22.38). Not found in retrieved materials for specific permitted uses per district.
Nonconforming context: Chapter 22 provides a mechanism for conditional use permits to address transitions between existing nonconforming multiple residential densities and planned densities (see discussion in § 22.12.090 excerpt referencing these districts).
Where it applies: consult the Martinez zoning map and zoning use tables at Martinez Zoning.

If you need a district table with specific setbacks, coverage, height, and parking minimums, consult the Martinez zoning use and standards charts and the city’s Martinez Development Standards. The nonconforming Chapter controls how pre‑existing buildings/uses interact with those standards; it does not restate numeric standards for every district. Not found in retrieved materials: the full dimensional table for each district.

Quick reference table — decision‑relevant rules

Rule / action	What the code requires or allows	Code reference
Definition: nonconforming use/structure/lot	Defined and purpose described (limits on enlargement, reestablishment after abandonment, and restoration).	§ 22.38.010
When a use/structure is nonconforming	Lawful on effective date but now violates current district regs; routine maintenance allowed.	§ 22.38.020
Alterations to nonconforming uses	Generally prohibited unless change eliminates nonconformity; limited residential exception in R and PA (no added units).	§ 22.38.030
Alterations to nonconforming structures	May not increase discrepancy with coverage, yards, height, distances.	§ 22.38.040
Change from one nonconforming use to another	Requires Planning Commission approval.	§ 22.38.050
Abandonment	Continuous 1 year abandonment or conversion to conforming use bars re‑establishment without Planning Commission approval.	§ 22.38.060
Restoration after damage	Restore & resume if damage ≤ 50% and work begins within 1 year; >50% must be rebuilt to current standards.	§ 22.38.080
Elimination / amortization (historical)	Nonconforming uses not in structures and low‑value structures (< $500 assessed) were to be removed within 3 years from effective date.	§ 22.38.090–100
Non‑conforming lots	Permitted uses subject to district regs; allows one SFD on a non‑conforming lot where SFDs are permitted; consolidation required where lot never legally conformed.	§ 22.38.130
Enlarging a non‑conforming lot	Allowed with lot line adjustment or subdivision and a Planning Commission use permit (Chapter 22.40).	§ 22.38.140

Checklist — what an applicant must satisfy (practical steps)

Confirm whether the use/structure/lot was lawful on the Title 22 effective date or when zoning changed (establish pre‑existing status). See § 22.38.010–020.
For any proposed change that would create more nonconformity (setback/coverage/height), prepare a diagram showing existing vs. required standards; remember increases of discrepancy are prohibited under § 22.38.040.
If changing to another nonconforming use, prepare a Planning Commission application / findings; § 22.38.050 requires prior Planning Commission approval.
If proposing a new nonconforming use in an existing building, prepare a conditional‑use justification addressing useful remaining life, lack of major alterations, and neighborhood compatibility for Board of Adjustments review per § 22.38.070.
If the building was damaged, get a Building Inspector estimate of repair vs. replacement cost (for the 50% test) before submitting restoration permits—§ 22.38.080.
For a non‑conforming lot, document recorded maps/deeds proving legal creation and check whether consolidation is required; if enlarging, prepare a use permit under Chapter 22.40 per § 22.38.130–140.
Coordinate review with design review and parking requirements as applicable; the zoning chapter does not repeat those numeric standards. Verify dimensional standards at Martinez Development Standards.
Expect conditions (landscaping, painting, repair bonds) when the Board of Adjustments or Planning Commission authorizes a nonconforming use (see § 22.38.070).

Risks & Ambiguities

Issue	Why it matters	What to verify
Increasing a nonconformity (setback/coverage/height)	Code bars enlargements or actions that make the structure more nonconforming (§ 22.38.040).	Confirm whether proposed changes increase the discrepancy; obtain accurate existing condition survey; check if an elimination to conformity is required.
Damage threshold for restoration (>50% test)	If damage > 50% you must rebuild to current standards and cannot resume the nonconforming use (§ 22.38.080).	Get Building Inspector or approved cost estimates and document repair vs. replacement math per the code.
Abandonment vs. temporary closure	A 1‑year continuous discontinuance prevents reestablishment without PC approval (§ 22.38.060).	Document continuous operations or periods of inactivity; secure written communications showing intent to resume if needed.
Historical amortization language (assessed value thresholds)	The $500 assessed valuation and 3‑year removal timeline appear in the code but reflect prior effective‑date amortization; applicability to current situations may be limited (§ 22.38.090–100).	Confirm current applicability with Planning staff; historical amortization provisions may be superseded by later amendments or case law.
District numeric standards (setbacks, lot coverage, parking)	Chapter 22.38 limits changes relative to district numeric standards but does not list those numbers.	Verify numeric setbacks, coverage, height, and parking minimums using Martinez Development Standards and the zoning district tables at Martinez Zoning. Not found in retrieved materials.
Non‑conforming lot legal origin	Chapter allows use of lots that were legal when recorded but made non‑conforming later; some lots that were never legal cannot be used unless consolidated (§ 22.38.130(C)).	Pull recorded subdivision maps, deeds, and chain of title; check for easements that decrease usable area.

Plain-English Summary

If your property or business in Martinez was lawful under older zoning but no longer meets current rules, Title 22 lets it continue in limited ways: you can maintain it, but you generally can't expand the part that violates the rules, you can't switch to a different nonconforming use without prior approval, and if the building is badly damaged (more than 50% of its value) you must rebuild to current standards. Abandonment for one year typically stops your right to return to the old use without Planning Commission approval. §§ 22.38.010–140 set these rules.

Source References

Martinez Municipal Code, Title 22 — Chapter 22.38, "Nonconforming Uses, Structures and Lots," including § 22.38.010 through § 22.38.140. Downloaded from Martinez code compilation (ecode360).
- Source locator: https://ecode360.com/MA6944 (Martinez Municipal Code collection).
Martinez zoning map and district tables: consult Martinez Zoning and the Martinez Development Standards for numeric dimensional standards and parking. (Numeric district standards are not reproduced in Chapter 22.38; verify with those pages). Not found in retrieved materials: full dimensional tables.

Sources

Retrieved passages

Martinez Zoning Code (§ 10) High relevance
Martinez Zoning Code (§ 10) High relevance
Martinez Zoning Code (§ 22.38.110.) High relevance
Martinez Zoning Code (Title which) High relevance
Martinez Zoning Code (§ 22.37.140.) High relevance
Martinez Zoning Code (§ 10) High relevance
Martinez Zoning Code (Chapter 22.38) High relevance
Martinez Zoning Code (§ 10) High relevance

Cited sections

Official Martinez code library

Frequently asked questions

How does Martinez define a nonconforming use or structure?

Martinez defines a nonconforming use as a use lawfully established before adoption of the current Title 22 that no longer conforms to present use regulations; a nonconforming structure is a lawfully erected building that no longer meets current coverage, yard, height, or separation standards. These definitions and the Chapter purpose are in § 22.38.010.

Can I add an addition to a nonconforming single‑family house in Martinez?

Generally no — additions that increase the discrepancy with the district’s standards are prohibited. Exception: a nonconforming residential structure in R or PA districts may be moved, altered or enlarged provided the number of dwelling units is not increased. See § 22.38.030 and § 22.38.040.

If my nonconforming business stopped operations, can I reopen later?

If the business (a nonconforming use) is discontinued or abandoned for a continuous period of one year, the nonconforming use cannot be reestablished without Planning Commission approval, per § 22.38.060. Document your intent to resume operations to avoid the one‑year bar.

What happens if my nonconforming building is burned or destroyed?

If damage is 50% or less (by the code’s cost ratio test) you can restore and resume the nonconforming use if restoration is started within one year and diligently pursued. If damage exceeds 50%, or the building is voluntarily razed or required to be razed, restoration is only allowed if the rebuild fully conforms to current district regulations. § 22.38.080 covers this.

Can I change a nonconforming use to another nonconforming use?

No — changing from one nonconforming use to another requires prior Planning Commission approval. See § 22.38.050.

What can I do with a non‑conforming lot (smaller than current minimums)?

A non‑conforming lot shown on an approved recorded map or deed when created can be used for any permitted use subject to district regulations; you may generally place a single‑family dwelling (and customary accessory building) where SFDs are allowed, provided design/regulatory compliance. Some lots that never legally conformed must be consolidated. See § 22.38.130.

Can I get approval to start a new nonconforming use in an existing building?

Yes, but only via the Board of Adjustments by conditional use permit and only if the building has useful remaining life, the new use needs no major exterior/interior alterations, and the use is compatible with the neighborhood; conditions (painting, landscaping, repairs) may be imposed. § 22.38.070.

Do the nonconforming rules tell me setback/coverage/parking numbers?

No. Chapter 22.38 tells you how pre‑existing conditions relate to current district standards but does not restate numeric setbacks, lot coverage, heights, or parking minimums. For those numbers consult the Martinez zoning tables and Martinez Development Standards and Martinez Parking. Not found in retrieved materials.

Are animal keeping rules treated as nonconforming uses?

Generally no, but there is a specific treatment in RR (Rural Residential) districts: keeping up to five horses or split‑hoofed animals is considered a nonconforming use. See § 22.38.120.

If my lot is substandard, can I enlarge it?

Yes — a non‑conforming lot can be enlarged by lot line adjustment or subdivision even if slope‑density rules are not met, but only if the Planning Commission grants a use permit under Chapter 22.40. § 22.38.140.

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