McFarland — Nonconforming Uses

Last reviewed: July 6, 2026

Overview

McFarland regulates nonconforming uses, structures, lots, setbacks, and signs in Title 17 Zoning, primarily in Chapter 17.137. In plain terms, a nonconformity is something that was lawful when established but does not meet today’s zoning rules. The city treats nonconformities as incompatible with current zoning and limits enlargement or reestablishment, with a few targeted exceptions and processes to determine legal status and, in narrow cases, to authorize limited expansion. See the purpose statement in § 17.137.010.

Key rule in plain English: If your use or building doesn’t meet today’s zoning but was legal when created, you can usually keep it as-is, but you generally can’t expand it, and if it stops for long enough, you lose the right to resume it. See § 17.137.010, § 17.137.020, § 17.137.030, and § 17.137.040.

What counts as “nonconforming” in McFarland

• The city declares nonconforming structures, uses, lots, and signs “incompatible” with permitted uses; no enlargement, expansion, or extension is allowed except as this title provides. See § 17.137.010.
• When you change a nonconforming situation to a conforming one, you cannot later revert to a nonconformity. See § 17.137.030(B).

Nonconforming structures (buildings)

• May continue with normal maintenance/repair, but no enlargement in area, space, or volume. See § 17.137.020(A)–(B).
• Loss of nonconforming use rights if a nonconforming structure stands vacant for 1 year or more (no re-occupation for a nonconforming use). See § 17.137.020(C).
• Rebuild after damage by fire/earthquake/Act of God allowed if reconstruction/repair expense does not exceed 150% of the building’s actual cash value at the time of damage, with no expansion of area; work must start within 1 year. See § 17.137.020(D).
• If front-yard standards changed after original construction, you can reconstruct in the same location with no greater nonconformity. See § 17.137.020(E).
• For legally built structures rendered nonconforming by later yard/setback changes, the community development director may authorize up to a 50% expansion if four findings are met and all adopted building and fire code requirements are met. See § 17.137.020(G). For broader context on submittals and review, see McFarland Design Review.

Nonconforming uses of structures

• May be maintained and continued but not increased in area, space, or volume, except as the chapter allows. See § 17.137.030(A).
• If discontinued or abandoned for 1 year (or 2 years when the assessor’s assessed value of improvements exceeds $50,000), the nonconforming use of a structure may not be reestablished. See § 17.137.030(C).
• A nonconforming use in a building can be changed to a similar or less intense nonconforming use if only minor structural alterations are required. See § 17.137.030(D).

Nonconforming uses of land (no building)

• Expansion, extension, or intensification is prohibited unless the planning commission authorizes it after a public hearing with mailed notice to owners within 300 ft and findings that: (1) no significant adverse impacts, and (2) the only remedy to achieve conformance would require a general plan amendment. Newspaper publication is not required unless the community development director calls for it. See § 17.137.040(A) (hearing notice per § 17.148.090). For process context, see McFarland Zoning.
• Cannot change a nonconforming land use to any use other than a conforming use in the district. See § 17.137.040(B).
• If discontinued/abandoned for 1 year (or 2 years if assessed improvements exceed $50,000), reestablishment is prohibited. See § 17.137.040(C).
• A legal nonconforming dwelling in any zone may be replaced with community development director approval if all other applicable requirements of this title (other than density or CUP) are met. See § 17.137.040(D).
• Any use of land continuously in existence for 20+ years may qualify as legal nonconforming if the community development director finds compatibility and no significant threat to health/safety/welfare. See § 17.137.040(E).

Nonconforming lots and setbacks

• A legally recorded lot predating the zoning ordinance may be used consistent with district-permitted uses if yard and setback requirements are met. Enlargement via land division is allowed if the nonconforming lot is made larger and no new lot is rendered substandard for its map code and zone classification. See § 17.137.050.
• Existing permitted uses with nonconforming setbacks may be: (1) replaced in the same location if damaged/destroyed, regardless of cost; or (2) maintained so long as the degree of setback nonconformity is not increased. See § 17.137.060.

How nonconforming status is decided and appealed

• The applicant bears the burden to provide documentation; the community development director decides based on the preponderance of the evidence. Determinations are final unless appealed within 7 days to the city council. See § 17.137.070 and § 17.137.080 (appeals; fee per § 17.148.060; notice per § 17.148.090). For overview, see McFarland zoning & planning overview.

Special carve-outs you should know

• Confined Animal Feeding Operations (CAFOs): Any pre‑existing CAFO is deemed a nonconforming use and must terminate operations within 24 months of the effective date, without increasing the number of animals in confinement; up to two 90‑day extensions may be sought by conditional use permit. See § 17.200.060(A)–(D).
• Accessory Dwelling Units (ADUs): McFarland allows certain owners to request up to a 5‑year delay in enforcement of building standards for ADUs that meet state‑law conditions where violations are not health/safety issues; the code also defines “nonconforming zoning condition.” See § 17.136.150.100 and definitions in § 17.136.150.110. For ADU context, see McFarland ADUs and California ADU law.

Where this interacts with other McFarland processes

• Site development plan review may be waived by the planning director for minor structural additions (≤ 400 sq ft) or changes of use to a less intensive use; this can matter when curing a nonconformity. See § 17.134.070. For standards that may apply when work is proposed, see McFarland Development Standards.
• Overlay or special districts may add conditions that apply independently of nonconforming status; see McFarland Overlay Districts and McFarland Signage. Verify with the jurisdiction.

Key Nonconforming Rules at a Glance

District-by-District: How Nonconforming Rules Apply

Note: Nonconforming provisions in Chapter 17.137 apply citywide across districts. The following districts are explicitly listed where McFarland Development Standards apply: R‑2, R‑3, RP, C‑O, C‑1, C‑2, M‑1, M‑2, M‑3, and P‑D. See § 17.134.010. For uses/standards not shown below, see “Information Gaps.”

R-2 (Medium Density Residential)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Not found in retrieved materials.
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: Not found in retrieved materials.
• Nonconforming implications: No enlargement of nonconforming structures (§ 17.137.020(B)); legal nonconforming dwellings may be replaced with CDD approval (§ 17.137.040(D)); setback-nonconforming replacements allowed with no greater nonconformity (§ 17.137.060).

R-3 (High Density Residential)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Not found in retrieved materials.
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: Not found in retrieved materials.
• Nonconforming implications: Same citywide rules as above apply; expansions of nonconforming land uses require planning commission findings and mailed notice within 300 ft (§ 17.137.040(A)).

RP (Residential Professional)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Not found in retrieved materials.
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: Not found in retrieved materials.
• Nonconforming implications: See general rules; minor structural additions may be eligible for site development plan review waiver (§ 17.134.070).

C-O (Professional Office)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Not found in retrieved materials.
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: Not found in retrieved materials.
• Nonconforming implications: No enlargement of nonconforming structures; changes to similar/less intense nonconforming uses may be allowed when only minor structural alterations are required (§ 17.137.030(D)).

C-1 (Neighborhood Commercial)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Not found in retrieved materials.
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: Not found in retrieved materials.
• Nonconforming implications: Nonconforming use discontinuance timelines (1–2 years) control loss of rights (§§ 17.137.030(C), 17.137.040(C)).

C-2 (Commercial)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Not found in retrieved materials.
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: Not found in retrieved materials.
• Nonconforming implications: As above; any move to a conforming use forecloses return to a nonconforming use (§ 17.137.030(B)).

M-1 (Limited Manufacturing)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Not found in retrieved materials.
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: Not found in retrieved materials.
• Nonconforming implications: Structure rebuild after damage capped by 150% cost rule; no area expansion (§ 17.137.020(D)).

M-2 (Light Manufacturing)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Not found in retrieved materials.
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: Not found in retrieved materials.
• Nonconforming implications: Same as citywide; verify if any overlay limitations also apply via McFarland Overlay Districts. Verify with the jurisdiction.

M-3 (General Manufacturing)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Not found in retrieved materials.
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: Not found in retrieved materials.
• Nonconforming implications: Expansion of nonconforming land uses requires planning commission authorization with findings and 300 ft notice (§ 17.137.040(A)).

P-D (Precise Development)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Not found in retrieved materials.
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: Not found in retrieved materials.
• Nonconforming implications: Chapter 17.137 controls nonconformities; note that a former nonconforming-uses conflicts section in the P‑D chapter was repealed (editor’s note for § 17.132.050).

Checklist

• Confirm your property’s zoning and any overlays via McFarland Zoning and McFarland Overlay Districts. Verify with the jurisdiction.
• Document legal, nonconforming status (dated permits, assessor records, photos, business licenses) to submit for a determination; remember the applicant bears the burden of proof under § 17.137.070.
• If proposing any expansion of a nonconforming land use, prepare for a planning commission hearing and mailed notice to owners within 300 ft; draft findings to meet § 17.137.040(A).
• If the building was damaged, obtain valuation evidence to show repair cost ≤ 150% of actual cash value and start reconstruction within 1 year to qualify under § 17.137.020(D).
• For structures made nonconforming by later yard/setback changes, consult the community development director on the possible 50% expansion pathway under § 17.137.020(G) and related McFarland Design Review.
• Track operational continuity; avoid a lapse of 1 year (or 2 years if assessed improvements > $50,000) to prevent loss of nonconforming rights (§§ 17.137.030(C), 17.137.040(C)).
• If your situation involves an ADU or a CAFO, apply the special rules in § 17.136.150.100 (ADU compliance delay) or § 17.200.060 (CAFO phase‑out).

Risks & Ambiguities

Plain-English Summary

If your property or activity was legal when it started but doesn’t meet today’s zoning, McFarland generally lets you keep doing what you were doing—but not expand it—and you can lose that protection if you stop for a year (or two years in some higher‑value cases). Rebuilding after damage is allowed within cost and time limits, some setback nonconformities can be replaced where they sit, and you can apply for a formal determination of nonconforming status and, in limited cases, to expand a nonconforming land use after a planning commission hearing. See § 17.137.020–.040. For submittal and review context, also see McFarland Zoning and McFarland Design Review.

Information Gaps

• District purposes, “typical permitted uses,” and dimensional standards (e.g., for R‑2, R‑3, RP, C‑O, C‑1, C‑2, M‑1, M‑2, M‑3, P‑D) — Not found in retrieved materials.
• Full text of § 17.148.060 and § 17.148.090 (appeals fees/notice) — Not found in retrieved materials.
• Any district‑specific nonconforming rules beyond Chapter 17.137 — Not found in retrieved materials.

Source References

• McFarland Zoning Code: Nonconforming Uses — § 17.137.010–.080.
• General Provisions; cross-reference notes — § 17.136.050 (editor’s note, repealed), § 17.136.060.
• Development Standards applicability and site development plan review — § 17.134.010, § 17.134.070.
• ADU-related nonconforming conditions and definitions — § 17.136.150.100–.110.
• CAFO nonconforming phase‑out — § 17.200.060.

Retrieved passages

• McFarland Zoning Code (§ 3) High relevance show source text
• CFC § 32.18 (§ 32.18) High relevance show source text
• CFC § 3 (title shall) High relevance show source text
• McFarland Zoning Code (§ 3) High relevance show source text
• McFarland Zoning Code (Section 17.148.090) High relevance show source text
• McFarland Zoning Code (§ 32.17) High relevance show source text
• McFarland Zoning Code (section are) High relevance show source text
• McFarland Zoning Code (§ 1) Medium relevance show source text

Cited sections

• McFarland Zoning Code: Nonconforming Uses — **§ 17.137.010–.080**. (§ 17.137.010)
• General Provisions; cross-reference notes — **§ 17.136.050** (editor’s note, repealed), **§ 17.136.060**. (§ 17.136.050)
• Development Standards applicability and site development plan review — **§ 17.134.010**, **§ 17.134.070**. (§ 17.134.010)
• ADU-related nonconforming conditions and definitions — **§ 17.136.150.100–.110**. (§ 17.136.150.100)
• CAFO nonconforming phase‑out — **§ 17.200.060**. (§ 17.200.060)
• McFarland_ZoningCode.md

• Official McFarland code library