Local zoning · Marysville

Marysville — Nonconforming Uses

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

Ask a question free See coverage

Last reviewed: July 2, 2026

Overview

This page explains how the City of Marysville treats nonconforming uses, structures, and lots under the local zoning code (Title 18). It synthesizes the city's rules on continuing, altering, expanding, repairing, abandoning, or replacing nonconforming uses and structures and ties those rules to the development standards that apply in each district. For the citywide zoning framework see Marysville Zoning. § 18.68.010–.100 .

Note: this page interprets the Marysville ordinance; verify parcel‑specific facts with the planning department. Verify with the jurisdiction.

Core Marysville rules (plain-English with code references)

  • Continued lawful nonconforming uses/structures: If a use, building, or structure was lawful when the zoning amendment made it nonconforming, it may be continued, provided it was not originally established in violation of prior zoning and it is not a nuisance. § 18.68.020 .

  • Change from permitted-to-use‑permit: If a use was permitted before a zoning amendment but now requires a use permit, it remains a nonconforming use until a use permit is obtained. § 18.68.030 .

  • No enlargement or structural alteration that increases nonconformance: Buildings existing when a code change rendered them nonconforming may not be enlarged, reconstructed, or structurally altered unless the use is changed to a use permitted in the district or as otherwise allowed in the code. A nonconforming use in a conforming building may not be extended into other portions of the building. § 18.68.040 .

  • Reduction or extension by use permit only: The Planning Commission may allow a nonconforming use to be reduced or extended by use permit where the modification reduces conflict with district standards, improves parking/traffic impacts, or is less detrimental to neighbors. Criteria are in § 18.68.050. § 18.68.050 .

  • Abandonment / cessation rule: A nonconforming use that ceases for a continuous period of six months is considered abandoned and may only be used in conformity with the current zoning regulations thereafter. § 18.68.060 .

  • Parking nonconformities tied to changes: Single‑family and duplex units may not be enlarged or modified if the change would reduce off‑street parking below current code requirements; garages cannot be converted in a way that reduces required parking unless the property is brought into compliance. Multi‑family uses are exempt from adding parking for historic shortfalls unless units are added/expanded. § 18.68.070 . See the city's rules on Marysville Parking for related standards.

  • Replacement after major damage: A nonconforming structure damaged more than 60% of its then‑appraised value (exclusive of foundations) may not be restored to its prior nonconforming configuration; if less than 60% is damaged above the foundation it may be restored, but reconstruction must commence within six months. Single‑family or two‑family dwellings that are 100% destroyed may be reconstructed and used as before. § 18.68.080 .

  • Repairs and limited alterations: Routine repairs and maintenance are allowed. Nonconforming single‑family and duplex structures that predate the change may be altered subject to limits:

    • First‑story expansions must not reduce existing first‑story side yard setbacks below the existing dimensions for that structure (even if those setbacks are smaller than the district standard).
    • Second‑story expansions must meet the chapter's setback requirements. § 18.68.090 .

  • Relocation: A nonconforming structure may not be moved unless it will conform at the new location. § 18.68.090(c) .

  • Annexation: Property annexed from Yuba County that was lawfully established under county permit remains a legal nonconforming use if conditions of the county permit are followed; inhabited residential uses made nonconforming by annexation may be continued indefinitely and repaired/altered/enlarged in accordance with the nonconforming chapter. § 18.68.100 . See Marysville Overlay Districts for map/process matters.

District-by-district practical breakdown

The nonconforming rules above apply across the city's zones; the practical effect differs by district because permitted uses and dimensional standards differ. Below are the key district rules and the most relevant development standards that control whether a continued or altered use is acceptable. When I mention minimum setbacks and lot coverage, see Marysville Development Standards for full tables.

Note: the city’s district names are the ones used in the code (for example R-1, R-2, R-3, R-4, C-1, C-2, C-3, C-H, M-1, M-2, M-L, PD, OS‑1, OS‑2) § 18.12.030 .

R-1 (Single‑family residence district)

  • Purpose / where it applies: Low‑density single family neighborhoods. § 18.12.030 .
  • Typical permitted uses: Single‑family residence (P), with accessory uses and ADUs allowed per Chapter 18.90. Table of allowed uses: § 18.16.020. § 18.16.020 .
  • Key dimensional standards: Minimum lot size 6,000 sq ft (7,000 for corner lots); front yard 20 ft, interior side 5 ft, rear 15 ft, max height 2.5 stories / 35 ft; max lot coverage 45% single‑story (see Table 18.16.030). § 18.16.030 .
  • Nonconforming consequence: Residential nonconformities may be continued indefinitely; repairs/alterations allowed per § 18.68.090 provided existing first‑story setbacks are not reduced and second‑story setbacks meet chapter standards. § 18.68.090 .

R-2 (Two‑family residence district)

  • Purpose / uses: Allows two‑family dwellings and similar residential uses; ADUs allowed. § 18.16.020 .
  • Dimensional standards: Similar baseline setbacks and lot sizes to R‑1 but with differences in coverage/density; see Table 18.16.040. § 18.16.040 .
  • Nonconforming consequence: Same chapter rules; parking nonconformance rules in § 18.68.070 are important when converting garages or adding units. § 18.68.070 .

R-3 / R-4 (Neighborhood & General apartment districts)

  • Purpose / uses: Allow multifamily and higher density residential uses; see Table 18.16.020 for permitted multi‑family uses and density rules. § 18.16.020 .
  • Dimensional standards: R‑3 and R‑4 have specific lot size, yard and height rules (Tables 18.16.050 & 18.16.060). Examples: R‑3 lot size exceptions and maximum lot coverage differ from R‑1. § 18.16.050–.060 .
  • Nonconforming consequence: For multifamily properties that are nonconforming with setbacks or parking, nonconforming parking rules allow historic shortfalls to remain unless units are added/expanded. § 18.68.070 .

C-1, C-2, C-3, C‑H (Commercial districts)

  • Purpose / uses: Ranging from neighborhood shopping (C‑1) to community (C‑2) to general commercial (C‑3) and highway service (C‑H). § 18.12.030; allowed use tables in Chapter 18.24. § 18.12.030 ; § 18.24.020 .
  • Dimensional standards: Example: C‑2 front yard 5 ft (15 ft where 25 ft from an R district), height allowances up to 8 stories in some settings; development standards in Tables 18.24.040–.050. § 18.24.040–.050 .
  • Nonconforming consequence: Commercial nonconformities may continue; expansions are restricted per § 18.68.040 and reduction/extension requires a use permit with findings in § 18.68.050. Signage nonconformities interact with the sign chapter—see Marysville Signage. § 18.68.040–.050 .

M‑1, M‑2, M‑L (Industrial / light industrial)

  • Purpose / uses: Industrial and light industrial uses; allowed uses and performance rules in Chapter 18.34. § 18.34.020 .
  • Dimensional standards and performance standards: See Chapter 18.34 and special performance standards in Chapter 18.96 (e.g., cargo container, drive‑through rules interact with nonconforming regulations). § 18.34.020; § 18.96.020–.030 .
  • Nonconforming consequence: Nonconforming industrial installations (for example cargo containers) have specific compliance and removal deadlines or screening standards; older installations may be required to conform or be removed. § 18.96.020(d) .

PD (Planned Development)

  • Purpose / uses: Site‑specific planned developments permitted by use permit; the PD district can permit uses allowed in R, C, or M districts subject to PD regulations. § 18.46.040 .
  • Nonconforming consequence: Because PD projects are governed by approved development plans and use permits, treating nonconformities often requires review under the PD's conditions and the Planning Commission's use permit authority. § 18.46.030–.040 .

OS‑1 / OS‑2 (Open space)

  • Purpose / uses: Primary and secondary open space districts; few development rights, so nonconforming uses are typically closely constrained by the general nonconforming chapter. § 18.12.030 .

Quick reference table — Most decision‑relevant nonconforming standards

Rule Quick effect Code reference
Continue lawful nonconforming use/structure May be continued unless it was illegally established or is a nuisance § 18.68.020
Use becomes use‑permit after amendment Remains nonconforming until a use permit is obtained § 18.68.030
Enlargement/structural alteration Prohibited if it increases nonconformance (exceptions limited) § 18.68.040
Reduce/extend a nonconforming use Possible by Planning Commission use permit; criteria in code § 18.68.050
Abandonment 6 months continuous cessation → considered abandoned § 18.68.060
Parking shortfalls Single/double family: cannot modify if parking drops below current requirement; multifamily: historic shortfall stays unless units added/expanded § 18.68.070
Major damage replacement >60% appraised value (exc. foundations) → cannot restore as before; <60% may be rebuilt if started within 6 months; SF/duplex 100% destroyed may be rebuilt § 18.68.080
Repairs / alterations (SF/duplex) Repairs allowed; first‑story expansions must not reduce existing first‑story side setbacks; 2nd story must meet setbacks § 18.68.090

Checklist (what an applicant must satisfy when dealing with a nonconforming situation)

  • Demonstrate the use/structure was lawfully established under the zoning in effect at that time (evidence: permits, dated photos, tax records). § 18.68.020 .
  • Confirm the nonconforming use is not a nuisance (code enforcement/complaints history). § 18.68.020 .
  • If proposing an extension or reduction of a nonconforming use, prepare a use permit application addressing the criteria in § 18.68.050. § 18.68.050 .
  • For repairs/alterations to single‑family or duplex structures, show that first‑story side setbacks will not be reduced below existing dimensions and second‑stories will meet setback rules; include dimensioned plans. § 18.68.090 . Refer to Marysville Development Standards for exact setbacks and lot coverage.
  • If units are being added or expanded, verify parking will meet current Marysville Parking standards or add required new spaces. § 18.68.070 .
  • If the structure was damaged, obtain an appraisal and confirm whether damage exceeds the 60% threshold before proposing full reconstruction; if rebuilding, note the six‑month start requirement. § 18.68.080 .
  • If property was annexed from Yuba County, assemble county permit conditions and show compliance to continue the nonconforming use. § 18.68.100 .
  • Verify whether design review or PD/use permit approvals are required for the specific zone; coordinate with Marysville Design Review where applicable. § 18.87.x (design review chapters referenced throughout) .

Risks & Ambiguities

Issue Why it matters What to verify
“Cessation” meaning (6‑month rule) A short vacancy could permanently end nonconforming rights Confirm continuous operation records and date of last lawful operation; § 18.68.060
60% damage threshold calculation Determines whether rebuilding to the prior nonconforming form is allowed Obtain a current appraised value for tax purposes and written assessment of damage; § 18.68.080
Whether a prior use was “lawful” Illegal pre‑existing work generally cannot be protected as nonconforming Provide original permits/records; if no record, planning‑director interpretation and appeals may be necessary (see § 18.08.110). § 18.68.020; § 18.08.110
Parking shortfalls after conversions Could trigger denial or requirement to add spaces when adding units Confirm current required parking per Chapter 18.60 and whether proposed change increases unit count; § 18.68.070
Interplay with ADU law (state) State ADU law limits local denial based on nonconforming zoning conditions Review State ADU requirements and Marysville ADU chapter; see Marysville ADUs and the state ADU guidance. Local code references ADUs in Chapter 18.90 and nonconformance interplay is subject to state law — verify with planner. § 18.90; state law (not fully detailed in retrieved materials)
Annexation conditions (county permits) County permit conditions may carry forward; violating those can void nonconforming status Obtain county permit records and list of conditions; § 18.68.100(a)

Plain‑English summary

If your building or use in Marysville existed lawfully before a zoning change made it nonconforming, you can generally keep using it — but you usually cannot enlarge it or make changes that increase how out‑of‑line it is with current rules. If you stop using it for six continuous months, you lose the nonconforming right. Big damage (over 60% of appraised value) also prevents full restoration to the prior nonconforming state. See the nonconforming chapter for the exact rules: § 18.68.010–.100. § 18.68.010–.100 .

Source References

  • Marysville Zoning Code, Chapter 18.68, NONCONFORMING USES AND STRUCTURES — §§ 18.68.010 through 18.68.100 (purpose; continuing uses; use permits; enlargement; reduction/extension; cessation; parking; replacement; repairs/relocation; annexation). § 18.68.010–.100
  • Marysville Zoning Code, Chapter 18.16, Residential district tables — § 18.16.020, § 18.16.030, § 18.16.050–.060 (allowed uses; R‑1/R‑2/R‑3/R‑4 standards). § 18.16.020; § 18.16.030; § 18.16.050–.060
  • Marysville Zoning Code, Chapter 18.24, Commercial district tables (C‑1, C‑2, C‑3, C‑H). § 18.24.x
  • Marysville Zoning Code, Chapter 18.34, Industrial district tables (M‑1, M‑2, M‑L). § 18.34.020
  • Marysville Zoning Code, Chapter 18.46, PD district rules (planned development process/use permit). § 18.46.020–.040
  • Marysville Zoning Code, Chapter 18.96, Special performance standards (cargo containers, drive‑throughs) — examples of zone‑specific nonconforming regulation. § 18.96.020–.030
  • Marysville Design Review (for projects that trigger design review): Marysville Design Review
  • State ADU and related guidance referenced by the local code (context for ADU‑nonconforming interplay): 2025 California ADU handbook (summary excerpts) — see Government Code citations included in booklet for state rules.

Internal pages referenced on this guide:

  • Marysville Zoning (/us/california/marysville/zoning) — first mention linked above.
  • Marysville Parking (/us/california/marysville/parking) — linked where parking rules discussed.
  • Marysville Development Standards (/us/california/marysville/development-standards) — linked where setbacks/coverage are discussed.
  • Marysville Design Review (/us/california/marysville/design-review) — linked re: design review.
  • Marysville Overlay Districts (/us/california/marysville/overlay-districts) — linked for annexation/map items.
  • Marysville ADUs (/us/california/marysville/adu) — linked for ADU interplay.
  • California Building Standards Code (/us/california/building-codes) — linked noting that repairs/restoration must meet building code requirements.

(Where a specific procedural form, fee schedule, or planning staff interpretation is required, those items were Not found in retrieved materials — verify with the planning department.)

Sources

Retrieved passages

  • Marysville Zoning Code (§ 1) High relevance
  • Marysville Zoning Code (title for) High relevance
  • Marysville Zoning Code (§ 18.67.120.) High relevance
  • Marysville Zoning Code (§ 2) High relevance
  • Marysville Zoning Code (§ 1) High relevance
  • Marysville Zoning Code (title but) High relevance
  • Marysville Zoning Code (chapter are) Medium relevance
  • Marysville Zoning Code (§ 2) Medium relevance
  • Marysville Zoning Code (§ 66314) Medium relevance
  • CFC § 1 (title as) Medium relevance
  • CBC § 66321 (§ 66321) Medium relevance
  • Marysville Zoning Code (§ 4) Medium relevance
  • Marysville Zoning Code (§ 5) Medium relevance
  • Marysville Zoning Code Medium relevance
  • Marysville Zoning Code (section 21064.3) Medium relevance

Cited sections

Frequently asked questions

What is a nonconforming use in Marysville?

A nonconforming use is a building, structure, or land use that was lawfully established before a change in the zoning code made it no longer conform to current rules. Such uses may continue under the nonconforming chapter so long as they were lawful originally and are not a nuisance. § 18.68.020

How long can I stop operating before I lose my nonconforming rights?

If a nonconforming use ceases for a continuous period of six months, Marysville treats it as abandoned and the property may only be used under the current zoning regulations. § 18.68.060

Can I enlarge a nonconforming building or expand a nonconforming use?

Generally no. Enlargement, reconstruction, or structural alterations that increase the nonconformance are prohibited unless the use is changed to one permitted in the district or another code exception applies. Some limited extensions or reductions may be allowed via a Planning Commission use permit under criteria in § 18.68.050. § 18.68.040; § 18.68.050

What happens if my nonconforming building is heavily damaged?

If damage exceeds 60% of the building’s then‑appraised value (found on tax roll, foundations excluded), the structure may not be restored and used as before; if damage is less than 60% it may be reconstructed but work must commence within six months. Single‑family and two‑family dwellings that are 100% destroyed may be rebuilt and used as before. § 18.68.080

Can I convert my garage into living space if it causes a parking shortfall?

For single‑family or duplex properties, you may not modify or enlarge the unit if the change reduces off‑street parking to less than what this code requires; garages can’t be converted in a way that removes required parking unless the property is brought into compliance. Multi‑family buildings with historic parking shortfalls don’t need extra parking unless units are added or expanded. § 18.68.070

Does annexation by Marysville change nonconforming status?

If your property was lawfully developed under Yuba County permit prior to annexation, the county permit conditions must be complied with to continue the use as nonconforming; residential uses made nonconforming by annexation are treated as legal nonconforming uses and may continue subject to Chapter 18.68. § 18.68.100

If I add an ADU, can the city force me to fix unrelated nonconforming zoning conditions?

Marysville’s code references ADU rules (Chapter 18.90) and the city must comply with state ADU law. State law limits denial of ADU permits based solely on nonconforming zoning conditions unless there is a public health or safety threat; verify with the planning department and Marysville ADUs. Local code cites ADU chapter and state guidance — verify with planner. § 18.90; State ADU guidance

Can I move a nonconforming building to another lot?

A nonconforming structure shall not be moved unless, after relocation, it conforms to the standards of the district at its new location. § 18.68.090(c)

Are there different nonconforming rules for commercial vs. residential zones?

The nonconforming chapter is citywide, but its practical effect differs: commercial and industrial uses have additional performance and sign rules (Chapters 18.64, 18.92, 18.96) that can affect whether a nonconforming use may be repaired or continued. See the specific district development and performance standards in the relevant chapters. § 18.68.x; Chapters 18.64, 18.92, 18.96

Who interprets ambiguous nonconforming code language?

The city planner interprets the zoning code; planning commission and council appeal procedures are available. Written interpretation requests may be responded to in writing and become part of the city file. § 18.08.110–.120

More in Marysville code

Ask about any Marysville property

Get a cited, plain-English answer on Marysville zoning, setbacks, FAR, ADUs and permits — for any address.

Start Free Trial

More Marysville zoning topics

Marysville Zoning

Marysville Land Use

Marysville Development Standards

Marysville Parking

Marysville Design Review

Marysville Overlay Districts

Marysville Historic Preservation

Marysville Signage

Marysville Variances and Exceptions

Marysville Landscaping and Screening

Marysville overview