Local zoning · Patterson
Patterson — Nonconforming Uses
Nonconforming Uses under the Patterson local zoning and planning code, with the controlling citations.
Last reviewed: July 2, 2026
Overview
This page summarizes how the City of Patterson treats nonconforming uses, nonconforming structures, and nonconforming lots under the local zoning ordinance (Title 18). The citywide rules in Chapter 18.94 control continuation, repair, reconstruction, abandonment, and special permits; a limited nonconforming permit process is available in the Downtown Residential (DR) district. See the city's zoning overview for the broader context. All requirements below are drawn from the Patterson zoning code; verify parcel‑specific situations with the city. Key definitions appear in the code (§ 18.94.010 and related definitions) and are discussed below .
What the ordinance says — core rules (quick synthesis)
- Lawful pre‑existing uses/structures that no longer comply because of a text amendment or annexation are treated as nonconforming uses/structures and may continue only under the conditions in Chapter 18.94 (§ 18.94.020, § 18.94.030) .
- An illegal use or structure (never lawful under the zoning at time of establishment) remains illegal and cannot be saved by nonconforming rules (§ 18.94.040) .
- A building permit issued and construction started prior to a zoning change may allow completion and then be treated as a nonconforming structure (§ 18.94.050) .
- If a nonconforming structure is damaged 50% or more of market value, it may not be rebuilt except in full conformity with current district standards; if damaged less than 50%, restoration must begin within 6 months and substantially complete within 12 months (§ 18.94.090) .
- A nonconforming use that ceases for six consecutive months cannot be resumed (§ 18.94.080) .
- General repairs to keep a nonconforming structure sound are allowed, but structural alterations/additions are limited except as required by law (§ 18.94.100) .
- A limited nonconforming permit process (for expansion/modification of nonconforming structures) exists only in the Downtown Residential (DR) district, and only for structures built prior to January 1, 1994; the planning director is the approving authority and must make specific findings (§ 18.16.140) .
- Annexed properties that were lawful before annexation become nonconforming if they do not meet the city’s standards after annexation (§ 18.94.060) .
Key decision‑relevant standards (table)
| Rule / Decision point | What it means in practice | Code Reference |
|---|---|---|
| Continuation of nonconforming use/structure | Nonconforming uses and structures may continue but only per Chapter 18.94 (citywide constraints apply) | § 18.94.020; § 18.94.030 |
| Illegal uses | If use/structure was illegal at time of creation, it remains illegal; no protection | § 18.94.040 |
| Building permit started before regulation change | If permit issued and construction started pre‑regulation, completion allowed; then treated as nonconforming | § 18.94.050 |
| Discontinuance / abandonment | Nonconforming use of a structure not resumed after 6 months of cessation | § 18.94.080 |
| Damage threshold for rebuild | Damage ≥ 50% of market value → must rebuild to current standards; < 50% → may restore if started within 6 months and done within 12 months | § 18.94.090 |
| Repairs and maintenance | Routine repairs allowed; structural alterations/additions not allowed except as required by law | § 18.94.100 |
| Nonconforming permit (DR only) | Expansion/modification of nonconforming structures in DR may be allowed by nonconforming permit — structure must predate 1/1/1994; planning director decides using specific findings | § 18.16.140 |
| Annexations | Lawful uses/structures at annexation become nonconforming if they contradict post‑annexation zoning | § 18.94.060 |
District-by-district breakdown (focus: what the code actually ties to nonconforming rules)
Note: Chapter 18.94 is citywide and applies to all zoning districts; where the code creates district‑specific procedures for handling nonconformities that differs from the citywide rules, it is stated below. For broader district permitted uses and dimensional rules, see the city's development standards and zoning tables; nonconforming policy borrows district definitions from Title 18 (§ 18.02.010) .
DR (Downtown Residential)
- Purpose: residential character within the downtown core; older housing stock is common (see residential district definitions and downtown chapters). The code specifically authorizes a nonconforming permit here for expansion/modification of nonconforming structures built before January 1, 1994, but the permit cannot be used to continue a nonconforming use (only structure modification) (§ 18.16.140) .
- Typical permitted uses: residential uses consistent with the downtown residential rules; consult Table 18.38.040‑1 for district specifics (e.g., densities) (§ 18.38.040‑1) .
- Key dimensional standards: DR has its own setbacks, lot coverage, and height in the residential standards table; minor adjustments for DR are allowed within limits (see Table 18.16.110‑1 for items like setback/coverage adjustments) (§ 18.16.110, Table 18.16.110‑1) .
- Where it applies: within the downtown residential mapped zone; nonconforming permit applicability is limited to qualifying pre‑1994 buildings (§ 18.16.140) .
DC (Downtown Core)
- Purpose & uses: central commercial/mixed uses; downtown core often contains older structures that may be nonconforming in use or form.
- Nonconforming notes: the code treats continuation and repair of lawful pre‑existing nonconformities under Chapter 18.94; there is no separate citywide nonconforming‑expansion permit analogous to the DR provision found in § 18.16.140 (Not found in retrieved materials specific to DC) .
- Where it applies: downtown core mapped area (see zoning map and overlay districts).
Residential base districts: ER, LR‑n, LR‑w, MR, HR
- Purpose & typical uses: single‑family and multi‑family residential types; density and dimensional standards captured in Table 18.38.040‑1 (§ 18.38.040). Nonconforming lots and structures that predate current standards are governed by Chapter 18.94 (definitions of nonconforming lot, nonconforming use) and allowed to continue within those rules .
- Key dimensional standards: each district has different density, setback, height, and coverage limits (see Table 18.38.040‑1) — where a lot or structure doesn't meet those numbers but was lawfully created prior, it becomes a nonconforming lot or structure under Chapter 18.94 (§ 18.94.110, § 18.94.120) .
- Where it applies: the mapped residential zones citywide.
PD (Planned Development) overlay
- Purpose: flexible, integrated large‑scale projects. The PD overlay explicitly allows existing lawful nonconforming uses within the overlay to be continued, repaired, or rebuilt according to Chapter 18.94 until a final development plan controls the site (§ 18.54.020(C)(2)) .
- Where it applies: parcels mapped PD or proposed for PD overlay.
All other base and overlay districts
- The citywide Chapter 18.94 controls how nonconforming lots, structures, and uses are treated across all districts; unless a district or overlay explicitly adds or limits rights (like DR or PD above), the general Chapter 18.94 rules apply (§ 18.94.010 through § 18.94.120) .
Practical guidance & interpretation (plain‑English synthesis)
- Determine first if the pre‑existing condition was lawful when created: if not, you have an illegal condition and the nonconforming rules do not apply (§ 18.94.040) .
- If lawful, the city lets you continue the use/structure but limits expansion, structural change, and restoration after major damage—especially watch the 50% damage rebuild trigger and the 6‑month abandonment rule (§ 18.94.090, § 18.94.080) .
- If you are in DR and your building predates 1/1/1994, you can apply for a nonconforming permit to modify/expand the structure, but the planning director must find the expansion compatible and not more intense (§ 18.16.140) .
- If repairs are needed, routine maintenance is allowed; structural alterations are restricted except where legally required (§ 18.94.100) .
- For annexed properties, nonconforming status often results — check § 18.94.060 and verify pre‑annexation legality and entitlements .
- For development issues that intersect with parking, minor design adjustments, or setbacks in order to pursue changes, coordinate with planning staff — the planning director has limited discretion for minor adjustments (see Table 18.16.110‑1) and design review thresholds (design review) may apply (§ 18.16.110) .
Checklist
- Confirm whether the use or structure was lawful when established (if not lawful, nonconforming chapters do not rescue it) — § 18.94.040 .
- If construction began before a regulation change, assemble the original building permit and construction records — § 18.94.050 .
- For repairs after damage, obtain an estimate of current market value pre‑damage and confirm percent damaged with the building official — § 18.94.090 .
- If the nonconforming use has been inactive, confirm whether cessation exceeds six months — § 18.94.080 .
- If located in DR and structure predates 1/1/1994, prepare a nonconforming permit application with findings addressing neighborhood compatibility — § 18.16.140 .
- Check whether the site is in an overlay (e.g., PD) because overlays may impose different interim rules — § 18.54.020(C) .
- Coordinate any proposed dimensional changes with the development standards and the minor adjustment standards (Table 18.16.110‑1) — § 18.16.110 .
- If work involves life/safety items or triggers the building code, consult the California Building Standards Code and the city building official (local building code determinations affect repair/rebuild thresholds) — § 18.94.090 (building official determination) .
Risks & Ambiguities
| Issue | Why it matters | What to verify |
|---|---|---|
| Was the use lawful when established? | Nonconforming protection only applies to lawful prior uses; illegal uses remain unlawful | Confirm records/permits and property history with planning counter — see § 18.94.040 |
| Cessation vs temporary inactivity | If a use stops for 6 months, it loses protection and cannot resume | Document dates of last operation; check § 18.94.080 (six‑month rule) |
| Damage valuation and rebuild trigger | Whether damage is ≥ 50% determines if you must rebuild to current code—this is often disputed | Get a professional appraisal and consult the city building official (their valuation is final) — § 18.94.090 |
| Limited geographic exceptions (DR only) | Only DR has the explicit nonconforming permit path for expansion; other districts may have no similar process | If outside DR, plan for full conformity or seek alternative discretionary relief (variances) — § 18.16.140 |
| Overlap with overlays (PD, historic) | Overlays can change what’s permitted temporarily (e.g., PD allows continuation until plan adoption) | Confirm applicable overlays on the property and read overlay provisions (e.g., § 18.54.020(C)(2) for PD) |
| ADU interactions and nonconforming zoning | State ADU laws limit some local restrictions on nonconforming conditions (complex interplay) | Local code does not fully address ADU/nonconforming interaction; verify with planning and state ADU rules — local code: Not found in retrieved materials; see state ADU guidance in 2025 ADU handbook |
Plain‑English summary
If your use or building in Patterson was legal when it was created but no longer meets today's zoning, Chapter 18.94 lets it continue under strict limits: routine repairs are OK, long gaps in use (six months) or major damage (50%+ of value) can force full compliance, and expansion is tightly controlled — with a narrow nonconforming permit only for certain older buildings in the Downtown Residential (DR) zone (§ 18.94.020, § 18.16.140) .
Source References
- Patterson Zoning Ordinance (Title 18), Chapter 18.94 (Nonconforming Uses and Structures) — see §§ 18.94.010 through 18.94.120 for purpose, continuation, discontinuance, repair, and rebuild rules (§ 18.94.020, § 18.94.030, § 18.94.040, § 18.94.050, § 18.94.060, § 18.94.080, § 18.94.090, § 18.94.100) .
- Nonconforming permit details (applicability in DR, findings, approving authority) — § 18.16.140 .
- Minor adjustments / standards subject to minor adjustment (useful for small dimensional changes in DR) — Table 18.16.110‑1 and § 18.16.110 .
- Planned Development (PD) overlay allowance for continuation until final plan — § 18.54.020(C)(2) .
- District development standards (residential table and district list) — § 18.38.040 and Table 18.38.040‑1 .
- Definitions: nonconforming lot, nonconforming use, and related definitions — Definitions chapter and terms used in Title 18 (§ names and definitions) .
- State ADU guidance (on interactions with nonconforming zoning) — 2025 ADU handbook (state law summary) — Not a local ordinance; for state ADU law references and limits see the ADU guidance file .
Sources
Retrieved passages
- Patterson Zoning Code (§ 18.94.020.) High relevance
- Patterson Zoning Code (section and) High relevance
- Patterson Zoning Code (§ 18.94.060.) High relevance
- Patterson Zoning Code (§ 1) High relevance
- Patterson Zoning Code (title or) Medium relevance
- Patterson Zoning Code (chapter is) Medium relevance
- Patterson Zoning Code (§ 18.08.050.) Medium relevance
- Patterson Zoning Code (title and) Medium relevance
Cited sections
- Patterson Zoning Ordinance (Title 18), Chapter 18.94 (Nonconforming Uses and Structures) — see §§ **18.94.010** through **18.94.120** for purpose, continuation, discontinuance, repair, and rebuild rules (§ **18.94.020**, § **18.94.030**, § **18.94.040**, § **18.94.050**, § **18.94.060**, § **18.94.080**, § **18.94.090**, § **18.94.100**) fileciteturn0file0fileciteturn0file2. (Title 18)
- Nonconforming permit details (applicability in **DR**, findings, approving authority) — § **18.16.140** .
- Minor adjustments / standards subject to minor adjustment (useful for small dimensional changes in DR) — Table **18.16.110‑1** and § **18.16.110** .
- Planned Development (PD) overlay allowance for continuation until final plan — § **18.54.020(C)(2)** .
- District development standards (residential table and district list) — § **18.38.040** and Table **18.38.040‑1** .
- Definitions: **nonconforming lot**, **nonconforming use**, and related definitions — Definitions chapter and terms used in Title 18 (§ names and definitions) fileciteturn0file4. (chapter and)
- State ADU guidance (on interactions with nonconforming zoning) — 2025 ADU handbook (state law summary) — Not a local ordinance; for state ADU law references and limits see the ADU guidance file .
- Patterson_ZoningCode.md
- 2025 California ADU handbook.md
Frequently asked questions
What is a nonconforming use in Patterson?
A nonconforming use is a use that was lawfully established but no longer conforms because of a change in the zoning text or annexation; it is governed by Chapter 18.94, which controls continuation, restrictions, and eventual discontinuance of that use (§ 18.94.020, § 18.94.030) .
How long can a nonconforming use be stopped before it is lost?
If a nonconforming use of a structure ceases for six consecutive months, it may not be resumed — the nonconforming status is lost under § 18.94.080 .
Can I rebuild a nonconforming building after it’s been damaged?
If damage equals or exceeds 50% of the structure’s current market value, the structure cannot be restored except in full conformity with current zoning; if damage is less than 50%, you may restore provided work starts within 6 months and completes substantially within 12 months (§ 18.94.090) .
Can I expand a nonconforming structure?
Citywide, structural expansions are restricted by Chapter 18.94; however, in the Downtown Residential (DR) district a nonconforming permit can be applied for to expand or modify a qualifying pre‑1994 nonconforming structure — the planning director must make required compatibility findings (§ 18.16.140) .
Are there limits on routine repairs to nonconforming structures?
Routine repairs and maintenance to keep a nonconforming building in sound condition are allowed, but structural alterations or additions are generally not permitted unless required by law (§ 18.94.100) .
Does annexation create nonconforming status?
Yes. Uses or structures that were lawful at the time of annexation, but do not meet the city’s post‑annexation zoning rules, become nonconforming and are subject to Chapter 18.94 (§ 18.94.060) .
If my lot is smaller than current district minimums, can I still build?
A nonconforming lot (legally created with insufficient width, depth, or area) can be used as a building site in certain historic circumstances described in the code (see §§ 18.94.110 and 18.94.120 for pre‑1955 parcel rules); otherwise, development must comply with current district standards or seek relief (§ 18.94.110, § 18.94.120) .
Who decides nonconforming permit applications in the DR district?
The planning director is the approving authority for nonconforming permits in the DR district and must make the findings listed in § 18.16.140 before granting such permits (§ 18.16.140) .
If my nonconforming condition relates to parking or setbacks, how does the city treat changes?
Minor adjustments to dimensional standards (setbacks, lot coverage, projections) are available under the minor adjustment rules (Table 18.16.110‑1) where allowed (notably for DR) and are decided by the planning director; see the minor adjustment table and development standards and coordinate with parking and the development standards pages (§ 18.16.110, Table 18.16.110‑1) .
Do state ADU rules change nonconforming requirements for accessory units?
Local code does not fully resolve ADU/nonconforming interplay; state ADU laws limit some local restrictions and may affect how nonconforming conditions are handled for ADU approvals — verify with planning staff and state guidance (state ADU summaries) — local code reference: Not found in retrieved materials for explicit ADU‑nonconforming rules; see state ADU guidance .
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