Newman — Nonconforming Uses

Last reviewed: July 2, 2026

Overview

Newman's zoning title treats nonconforming uses, nonconforming structures, and nonconforming lots as temporary legal conditions that should be phased out or brought into compliance while protecting vested rights. The general rules on continuation, alteration limits, abandonment, repairs, and substandard lots appear in Chapter 5.24 of the Zoning Ordinance (the City's Title 5 zoning provisions) and are the controlling authority for all base and combining districts in the city. See the local definitions in § 5.01.070 for how the code defines nonconforming use and nonconforming structure.

Note on related topics: requirements for things like parking, setbacks, and site review that matter to nonconforming proposals are controlled in each district and by City development standards; see Newman’s pages on parking, development standards, design review, overlay districts, ADUs, variances and exceptions, and the California Building Standards Code for where those rules intersect with nonconforming issues. The first mention of each is linked for quick reference: Newman Parking, Newman Development Standards, Newman Design Review, Newman Overlay Districts, Newman ADUs, Newman Variances and Exceptions, California Building Standards Code.

What the Ordinance Requires (core rules)

• Purpose: The code directs that nonconforming conditions be reduced or eliminated over time while recognizing pre‑existing legal rights. § 5.24.010 states the purpose to provide uniform regulations to reduce conflicts created by nonconforming uses.

• Legal status / continuation:

  • A use, building, or structure lawfully existing when the title was enacted and not conforming now is deemed legally nonconforming and may continue except as restricted elsewhere in the chapter. § 5.24.020.

• Abandonment:

  • A nonconforming use that is discontinued for six months is considered abandoned; any subsequent use must conform to current district rules. § 5.24.030(B).

• Limits on expansion / relocation:

  • A nonconforming use may not be moved, enlarged, extended, or expanded within the building or onto additional land beyond what it occupied when the title was adopted or amended. § 5.24.030(C).

• Repairs and structural alterations:

  • Ordinary, nonstructural maintenance is allowed. § 5.24.030(G).
  • Structural repairs/alterations that change value are limited: such work may not exceed 25% of the current value of the building (one time during the remaining life of the structure) unless a conditional use permit (and, if needed, variance) is approved. Work ordered by the Building Official to correct violations is subject to the Building Official’s schedule. § 5.24.030(H).
  • A nonconforming structure destroyed or damaged more than 50% of its previous value may not be rebuilt except in conformance with the current zoning. § 5.24.030(F).

• Change of nonconforming use:

  • Provided no structural alterations are made, a nonconforming use cannot be changed to another nonconforming use unless the Planning Commission approves the change through the conditional use permit process and finds the new use is similar or more restrictive. § 5.24.030(E).

• Substandard (preexisting) lots:

  • A legally existing substandard lot as of the ordinance effective date may be used subject to the district regulations, but the City may require merger of contiguous substandard lots under common ownership as a condition of allowing new construction or a new use. § 5.24.040.

• Applicability to illegal / previously violating uses:

  • The nonconforming rules do not protect uses/buildings that were established in violation of earlier zoning (unless they now conform). § 5.24.020(E).

District-by-district practical breakdown

Below are Newman districts where nonconforming rules commonly arise. Each district description lists purpose, common permitted uses, key dimensional standards (so you can see what a nonconforming structure or use would be nonconforming to), and where the rules apply. For any proposed work to a nonconforming building, the general nonconforming provisions (Chapter 5.24) apply in addition to the district rules cited.

Note: district text and standards cited are the ordinance provisions for the district; the nonconforming rules referenced above govern how and whether changes to existing nonconforming conditions are allowed. When you see a specific dimensional standard below, that is the current standard a nonconforming structure may not be expanded beyond without conformity or an approved variance / CUP.

R-1 (Single‑Family Residential)

• Purpose: Encourage single‑family development at neighborhood densities. § 5.03.050 details property development standards for the R-1 District.
• Typical permitted uses: single‑family dwellings, guesthouses, halfplexes and limited accessory uses; see §§ 5.03.x.
• Key standards (examples): Minimum front yard setback 20 ft, minimum rear yard 10 ft, minimum side yards 5 ft, maximum height 30 ft, maximum lot coverage 40%. These are the standards a nonconforming structure would be measured against for any expansion or reconstruction. § 5.03.050.
• Where it applies: all parcels mapped R‑1 on the City zoning map; architectural/site plan review for many changes may be required and is handled through the City's review procedures. § 5.03.050 and related R‑1 sections.

R-3 (Multiple‑Residential / High‑density)

• Purpose: Encourage multifamily residential structures where infrastructure supports higher densities. § 5.05.010.
• Typical permitted uses: apartments, duplexes, triplexes, supportive/transitional housing, accessory buildings. § 5.05.020.
• Key standards (examples): Minimum front & rear yard 15 ft, side yards 5 ft, maximum height 35 ft, maximum lot coverage 80%, minimum unit floor areas per § 5.05.050. These are the baseline standards nonconforming buildings are compared to for permitted repairs or required conformity. § 5.05.050.
• Where it applies: city parcels zoned R-3 on the zoning map; nonconforming multifamily structures must follow the Chapter 5.24 limits on enlargement, repairs, and destruction.

P-O (Professional Office)

• Purpose: Provide office/service locations compatible with surrounding uses. § 5.28.060 lists P‑O property development standards.
• Typical permitted uses: professional offices and related accessory uses; see the P‑O chapter. § 5.28.060.
• Key standards (examples): Minimum lot area 7,500 sf, max FAR 0.50, maximum building height 35 ft, setbacks vary and may be none unless adjacent to residential (then 10 ft). § 5.28.060.
• Where it applies: parcels zoned P‑O; any nonconforming office building expansion must satisfy Chapter 5.24 or obtain a variance/CUP where allowed.

P‑Q (Public & Quasi‑Public)

• Purpose: Accommodate public, institutional, and auxiliary uses; includes parks, schools, civic facilities. § 5.11.010 – .060.
• Typical permitted uses: municipal buildings, schools, parks, utility service facilities; conditional uses include public parking, auditoriums. § 5.11.030–050.
• Key standards: District text governs permitted uses and requires site/architectural review; yard and design expectations are set in the district and general development standards. For nonconforming public facilities, the general nonconforming chapter applies to repairs, expansions, and destruction. § 5.11.030–060 and § 5.24.030.

I (Controlled Manufacturing / Heavy Industrial)

• Purpose: Provide locations and standards for heavy industrial and high‑impact uses. § 5.10.010.
• Typical permitted uses: manufacturing, warehousing, repair shops, and many conditional industrial uses; accessory uses are allowed as listed in § 5.10.030–040.
• Key standards (examples): industrial building setbacks (front 25 ft, side exterior 20 ft, rear none / 20 ft where abutting residential), maximum height 50 ft (absolute 75 ft with CUP), FAR varies by use. § 5.10.x.
• Where it applies: properties zoned I. Nonconforming industrial structures are subject to Chapter 5.24 limits on enlargement, rebuilding after damage (>50% rule), and structural repairs (25% rule). § 5.24.030.

Quick Reference table — decision‑relevant nonconforming standards

Checklist — what an applicant must satisfy when proposing work on a nonconforming property

• Confirm whether the building/use was legally established prior to the current zoning (obtain permits or documentary evidence). Verify with the City records and the definitions in § 5.01.070.
• Determine whether proposed work is ordinary maintenance (allowed) or a structural alteration; if structural, calculate whether it will exceed 25% of current value (certified appraisal required). § 5.24.030(H).
• If the building was damaged, obtain a certified appraisal to check the 50% destruction threshold before planning reconstruction. § 5.24.030(F).
• If a change to a different nonconforming use is proposed, prepare a conditional use permit application showing the new use is similar or more restrictive. § 5.24.030(E).
• Confirm that any expansion would not enlarge the footprint beyond what was occupied on the adoption/amendment date, or prepare a variance justification if not permitted. § 5.24.030(C).
• Check district standards (setbacks, height, lot coverage) in the applicable base zone chapter (e.g., R‑1 § 5.03.050, R‑3 § 5.05.050, P‑O § 5.28.060) to know what “conformance” requires.
• If a variance or conditional use permit is needed, follow processing rules and public hearing requirements (Planning Commission). See the City's variances and exceptions page and relevant permit chapters. Prepare CEQA/other discretionary application materials as needed. § 5.25.020 and variance chapters.

Risks & Ambiguities

Plain‑English Summary

If your building or use in Newman was legal when the zoning changed, you can generally continue it — but you cannot expand it, move it, or switch it to a different nonconforming use without City approval; major repairs are limited by appraisal thresholds, and if the building is more than half destroyed you must rebuild to current rules. See § 5.24.020–040 for the controlling rules and check your district’s standards (setbacks, height, coverage) to know what conformity will require.

Source References

• Newman Zoning Ordinance, Chapter 5.24 (Nonconforming Uses and Structures): § 5.24.010, § 5.24.020, § 5.24.030, § 5.24.040.
• Definitions and general application: § 5.01.070 (definitions including "nonconforming structure" / "nonconforming use").
• R‑1 standards: § 5.03.050 (R‑1 property development standards).
• R‑3 standards: § 5.05.050 (R‑3 property development standards) and permitted uses § 5.05.020.
• P‑O standards: § 5.28.060 (Professional Office property development standards).
• P‑Q district permitted/conditional uses: § 5.11.030–060.
• I district purpose and uses: § 5.10.010, § 5.10.030–040.
• Zoning permit / CUP procedures and findings: § 5.25.010 and § 5.25.020.

If you want direct ordinance text, these sections appear in the City of Newman Zoning Code (Title 5), which is the source file used for this page.

Retrieved passages

• Newman Zoning Code (section shall) High relevance show source text
• Newman Zoning Code (§ 2) High relevance show source text
• Newman Zoning Code (§ 5.24.040.) High relevance show source text
• Newman Zoning Code (chapter shall) High relevance show source text
• Newman Zoning Code Medium relevance show source text
• Newman Zoning Code Medium relevance show source text
• Newman Zoning Code (chapter and) Medium relevance show source text
• Newman Zoning Code (§ 2) Medium relevance show source text
• Newman Zoning Code (chapter and) Medium relevance show source text
• Newman Zoning Code (§ 66314) Medium relevance show source text
• Newman Zoning Code (§ 1) Medium relevance show source text
• Newman Zoning Code (§ 5.05.020.) Medium relevance show source text
• Newman Zoning Code (§ 2) Medium relevance show source text
• Newman Zoning Code (title or) Medium relevance show source text
• Newman Zoning Code (§ 5.27.023.) Medium relevance show source text

Cited sections

• Newman Zoning Ordinance, Chapter 5.24 (Nonconforming Uses and Structures): **§ 5.24.010**, **§ 5.24.020**, **§ 5.24.030**, **§ 5.24.040**. (Chapter 5.24)
• Definitions and general application: **§ 5.01.070** (definitions including "nonconforming structure" / "nonconforming use"). (§ 5.01.070)
• R‑1 standards: **§ 5.03.050** (R‑1 property development standards). (§ 5.03.050)
• R‑3 standards: **§ 5.05.050** (R‑3 property development standards) and permitted uses **§ 5.05.020**. (§ 5.05.050)
• P‑O standards: **§ 5.28.060** (Professional Office property development standards). (§ 5.28.060)
• P‑Q district permitted/conditional uses: **§ 5.11.030–060**. (§ 5.11.030)
• I district purpose and uses: **§ 5.10.010**, **§ 5.10.030–040**. (§ 5.10.010)
• Zoning permit / CUP procedures and findings: **§ 5.25.010** and **§ 5.25.020**. (§ 5.25.010)
• Newman_ZoningCode.md

• Official Newman code library