Local zoning · San Rafael

San Rafael — Nonconforming Uses

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

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Last reviewed: July 2, 2026

Overview

San Rafael’s zoning ordinance treats nonconforming structures, uses, and lots as a temporary exception to otherwise applicable district rules: lawful pre‑existing conditions may continue but are limited in expansion, repair, replacement, and re‑establishment. The operative rules are in § 14.16.270 (Nonconforming structures and uses), with companion provisions for dwelling‑unit conservation (§ 14.16.060) and amortization of certain nonconforming dwellings (§ 14.16.275) that impose time limits and procedural requirements. See the city’s rules on parking, setbacks/development standards, and design review when rebuilding or changing operations because those other chapters are explicitly applied to nonconforming situations (citations below).

How San Rafael’s code controls nonconforming situations (plain rules and where to look)

  • Continuation: A lawful, pre‑existing use or structure that became inconsistent with the code may be continued only if it was legal when first established or when an amendment or annexation made it nonconforming (§ 14.16.270.B) .
  • Maintenance vs. enlargement: Ordinary maintenance and repairs are allowed; alterations/additions are allowed only if they do not increase the discrepancy from current district standards (§ 14.16.270.C.1–2) .
  • Moving: A nonconforming structure may not be moved unless the new location conforms to district standards (§ 14.16.270.C.3) .
  • Damage and repair thresholds:
    • If damaged ≤ 75% of current market value, repair/replace in the same location allowed if started within 1 year and diligently prosecuted (§ 14.16.270.C.4) .
    • Single‑family nonconforming residences damaged >75% may be repaired/rebuilt only if a building permit is obtained and the restored structure conforms to district rules or is rebuilt to original condition (no larger, similar design) and an administrative design permit is required for design changes (§ 14.16.270.C.5) .
    • All other nonconforming structures damaged >75% require a use permit, restoration within 1 year, and either full conformance or Planning Commission findings (including parking consistency and neighborhood compatibility) (§ 14.16.270.C.6) .
  • Nonconforming uses:
    • May not increase in intensity (hours, seats, service area, etc.) (§ 14.16.270.D.2) .
    • Cannot expand into other portions of a structure or onto additional land; land‑consumptive uses (quarries) are an express exception subject to other permits (§ 14.16.270.D.3) .
    • Change to a use of equal or more restricted nature is allowed with a use permit (§ 14.16.270.D.4) .
    • If a nonconforming use ceases for a continuous 12 months, it is considered abandoned and future use must conform to the district (§ 14.16.270.D.5) .
  • Valuation and determinations: The Planning Director estimates/reviews value for damage thresholds and repair determinations (§ 14.16.270.E) .
  • Parking and nonconforming rebuilds: If a nonconforming structure is rebuilt after major damage, the city may require parking improvements to meet Chapter 14.18 standards; in some cases prior parking level must be restored or upgraded (§ 14.16.270.C.6.a, § 14.18.240–250) .
  • Conservation and amortization of dwelling units: Legal dwelling units existing or approved as of January 1, 1991 are generally treated as conforming (with exceptions) under § 14.16.060; other nonconforming dwelling units may be subject to an amortization schedule under § 14.16.275, including notice and an appeal/extension process administered by the Planning Commission.

Note: where the code refers to design or use permits, consult the city’s rules on design review and variances and exceptions; where parking is implicated, consult the city's parking standards. (Links inline later.)

District‑by‑district breakdown (where the ordinance speaks to development standards that interact with nonconformity)

Below are the districts that the ordinance text refers to directly in the nonconforming context or in the primary development standards table. For each I summarize the district purpose/permitted form and cite the source table or cross‑references the code uses when handling nonconforming work.

I (Industrial)

  • Purpose: Industrial uses and light industry; treated in Table 14.06.030 for property development standards. Repairs/rebuilds in industrial districts follow the general nonconforming structure rules; if a nonconforming structure in an industrial district is destroyed >75% restoration requires a use permit and compatibility/parking findings (§ 14.16.270.C.6) .
  • Typical permitted uses: Industrial/manufacturing, accessory parking and loading—see the land use tables incorporated in the title (see Chapter 14.06 table references) .
  • Key dimensional standards (from Table 14.06.030): minimum lot area 6,000 sq ft, minimum lot width 60 ft, maximum height 36 ft for listed industrial districts; side/rear yards as noted. See Table 14.06.030 and notes (A)–(D) for buffers adjacent to residential districts.

LI/O (Light Industrial / Office)

  • Purpose: Light industrial or office uses; interacts with nonconforming rules the same way as other nonresidential zones: major damage >75% triggers use‑permit route (§ 14.16.270.C.6) and parking consistency review (§ 14.16.270.C.6.a) .
  • Key standards: Table 14.06.030 lists front setback 20 ft, side 10 ft or 20/0, rear 10 ft, max height 36 ft, minimum landscaping 20% (where applicable).

CCI/O (Community Commercial / Industrial / Office) and LMU (Limited Mixed Use)

  • Purpose & uses: Commercial, office, and mixed uses; nonconforming commercial uses in these districts are subject to the same nonconforming regulation framework, including restrictions on intensification (§ 14.16.270.D.2) and requirements to make parking consistent for restoration (§ 14.16.270.C.6.a) .
  • Key standards: Table 14.06.030 (see row entries for front/side/rear, FAR notes).

DMU (Downtown Mixed Use / Precise Plan area)

  • Purpose: Downtown form‑based rules govern the DMU district; the DMU’s property and land use standards are contained in the Downtown San Rafael Precise Plan/Form‑Based Code and are incorporated by reference (§ 14.05.022, § 14.05.032). Nonconforming residential units in downtown mixed‑use have special conservation rules (see § 14.16.060) and many design/regulatory matters are handled under the Precise Plan.

GC (General Commercial) and O (Office)

  • Relevant notes: GC district has landscaping and setback particulars (e.g., minimum 15 ft landscaped front setback in GC) and the code instructs that where a lot fronts an R district some front yard/side yard requirements follow the residential district’s standards—these affect whether a nonconforming condition represents an “increase in discrepancy” if altered (Table 14.06.030 notes). Consult the standards in Table 14.06.030 when assessing nonconforming changes.

R (Residential districts; e.g., R‑1 implied)

  • Purpose: Single‑family and multifamily residential zones. The ordinance addresses nonconforming single‑family dwelling rebuilds and requires an administrative design permit for design changes when a nonconforming single‑family home is rebuilt after damage >75% of market value (§ 14.16.270.C.5) and separate conservation rules apply to dwelling units existing as of January 1, 1991 (§ 14.16.060) .
  • Typical standards: front/side/rear setbacks, coverage, FAR and other dimensional rules are in the respective residential district tables (see Chapter 14.06 and development standards in Chapter 14.16) — use § 14.16.150 and Table 14.06.030 cross‑references when measuring discrepancy. Not all R district tables were in the retrieved materials. Verify with the jurisdiction for parcel‑specific numbers. Not found in retrieved materials for R‑1 exact numeric table entries.

(For all districts the general nonconforming rules in § 14.16.270 apply; see the specific cross‑references to parking Chapter 14.18 and design review Chapter 14.25 where the code makes those dependencies explicit.)

Quick reference table — most decision‑relevant standards and permitted outcomes

Rule / Decision point What the code says (short) Code reference
Legal continuation criteria Structure/use must have been lawful when established (or at annexation/amendment) to remain nonconforming § 14.16.270.B
Repair threshold for structures ≤ 75% of current market value: may repair/replace if started within 1 year and diligently prosecuted § 14.16.270.C.4
Rebuild after >75% damage Single‑family: may be rebuilt with building permit and admin design permit (design similar/no larger) or must conform; Other uses: use permit required + findings § 14.16.270.C.5–6
Nonconforming use expansion Not allowed to increase intensity (hours, seats, service area) or area; change only to equal/more restricted use with use permit § 14.16.270.D.2–4
Abandonment rule Cessation of nonconforming use for 12 continuous months = abandoned; thereafter must conform § 14.16.270.D.5
Dwelling unit conservation Units existing or approved as of Jan 1, 1991 treated as conforming except specified exceptions § 14.16.060
Amortization of nonconforming dwellings Amortization periods and extension process; public notice and Planning Commission hearing required § 14.16.275
Parking when rebuilding Rebuilt nonconforming structures must provide parking equivalent to prior parking; upgrades may be required § 14.16.270.C.6.a, § 14.18.240–250

Checklist — what an applicant must demonstrate or provide when dealing with a nonconforming structure/use

  • Documentary proof the use/structure was lawful at the time it became nonconforming (date/evidence) (§ 14.16.270.B)
  • If proposing repairs after damage, a clear damage valuation and evidence that restoration will be started within the required timeframe (1 year for ≤75% or >75% as applicable) and diligently prosecuted (§ 14.16.270.C.4–6)
  • If rebuild follows >75% damage: building permit (single‑family) and administrative design permit for design changes, or use permit and Planning Commission findings for non‑single family (§ 14.16.270.C.5–6)
  • Parking plan showing whether prior parking is restored or upgraded to meet Chapter 14.18 standards; expect planner review and potential requirements to remedy substandard parking (§ 14.16.270.C.6.a, § 14.18.240–250)
  • If changing a nonconforming use: application for a use permit and analysis showing the new use is equal or more restricted, or that intensity will not increase (§ 14.16.270.D.4)
  • If seeking amortization extension for a nonconforming dwelling unit: complete extension application, fees, and materials to demonstrate investment and other factors considered by Planning Commission (§ 14.16.275.C–E)
  • Coordinate with design review (design review) and verify whether the property lies within any overlay that changes standards before submitting (see Precise Plan for DMU where applicable) — the code cross‑references these processes in multiple nonconforming contexts (verify especially for downtown parcels) (§ 14.05.022, § 14.05.032, § 14.16.270)

Links embedded as required: when you prepare materials you will also need to consult the city's pages on San Rafael Parking, San Rafael Development Standards, San Rafael Design Review, San Rafael Overlay Districts, and if you plan an accessory unit the San Rafael ADUs guidance; building permits must meet the California Building Standards Code. Also review the general San Rafael Zoning and San Rafael Variances and Exceptions pages for adjustment routes.

Risks & Ambiguities

Issue Why it matters What to verify
Amortization of nonconforming dwelling units Affected units may be required to cease being used after the amortization period unless the owner secures a permit or extension — can make a unit illegal Confirm whether the unit falls under § 14.16.060 (conservation exceptions) or § 14.16.275 amortization, check local amortization timelines and whether extension was previously granted
Damage valuation (≤75% vs >75%) Valuation determines whether owner can rebuild under administrative routes or must obtain a use permit and meet stricter findings Ask the Planning Director how they will value “current market value” and request a written determination; the code gives the Planning Director authority over valuations (§ 14.16.270.E)
Parking upgrade requirements on rebuild Rebuilding may obligate upgrading substandard parking or restoring prior parking — can be costly and affect feasibility Verify existing documented parking count and whether Chapter 14.18 requires new parking; planner will determine required parking improvements when repair/rebuild is proposed (§ 14.16.270.C.6.a, § 14.18.240–250)
Whether an alteration increases the “discrepancy” The code allows alterations only if they don’t increase the discrepancy vs. district standards — ambiguous in many retrofit cases Prepare dimensional comparisons (setbacks, height, lot coverage, FAR) and request a pre‑application meeting; consult development standards table 14.06.030 for baseline numbers and the Planning Director for interpretation
Downtown/DMU parcels Downtown has a separate Precise Plan/form‑based code that supersedes some standard measures; nonconforming rules interplay with those special rules Confirm that the parcel is in the DMU and whether its rules (14.05.022/14.05.032) or the Precise Plan control rebuild/design requirements
ADU eligibility on nonconforming lots State law limits conditioning ADU approval on correction of nonconforming zoning; local code references are present but interplay can be complex Check both local § 14.16.270 rules and state ADU rules; if the ADU is affected by nonconforming zoning, note state limits (verify with jurisdiction). Local ADU rules are separately codified — see San Rafael ADU guidance and state law. Not all state‑local intersections are in retrieved materials. Not found in retrieved materials for full cross‑reference.

Plain‑English summary

If your building or use in San Rafael no longer meets current zoning because it was legal when established, you can generally keep it — you may do ordinary repairs, but you can’t expand the nonconforming part, increase its intensity, or move it to another site unless the new location complies. Major damage, parking shortfalls, and whether a dwelling is subject to amortization are the three issues most likely to force full compliance or a formal Planning Commission process; check § 14.16.270, § 14.16.060, and § 14.16.275 for the governing rules.

Source References

  • San Rafael Municipal Code, Title 14 — 14.16.270 Nonconforming structures and uses (purpose, continuation, structure/use regulations, damage thresholds, abandonment) — § 14.16.270
  • San Rafael Municipal Code — Conservation of dwelling units — § 14.16.060
  • San Rafael Municipal Code — Amortization of nonconforming dwelling units — § 14.16.275
  • San Rafael Municipal Code — Table of development standards, Table 14.06.030 (I, LI/O, CCI/O, LMU) and notes — Table 14.06.030 (Chapter 14.06.030)
  • San Rafael Municipal Code — Parking standards and “grandfathered parking” provisions — § 14.18.240–250
  • San Rafael Municipal Code — Design review/administrative design permit references (applies to rebuilding/design changes) — Chapter 14.25 and administrative design permit cross‑refs in § 14.16.060, § 14.16.270

Sources

Retrieved passages

  • San Rafael Zoning Code (Chapter 14.18) High relevance
  • San Rafael Zoning Code (Chapter 14.18) High relevance
  • San Rafael Zoning Code (title for) High relevance
  • San Rafael Zoning Code (§ 1) High relevance
  • San Rafael Zoning Code (Section 14.16.060) Medium relevance
  • San Rafael Zoning Code (Chapter 14.16.360.B.) Medium relevance
  • San Rafael Zoning Code (§ 19) Medium relevance
  • San Rafael Zoning Code (Section 14.25.040) Medium relevance

Cited sections

Frequently asked questions

What rules govern whether a nonconforming building can be repaired after storm or fire damage in San Rafael?

If a nonconforming structure is damaged to 75% or less of current market value it may generally be repaired or replaced in place if restoration starts within one year and is diligently pursued (§ 14.16.270.C.4) — damages above that threshold trigger stricter rules: single‑family units face rebuilding with a building permit plus admin design permit or must fully conform; other structures generally require a use permit and Planning Commission findings (§ 14.16.270.C.5–6) .

Can a nonconforming commercial use in San Rafael increase its hours or seating?

No. A nonconforming use is prohibited from increasing in intensity of operation — the ordinance explicitly lists extended hours or increases in seats/service area for bars and restaurants as examples of prohibited intensification (§ 14.16.270.D.2) .

If my nonconforming use stops for a while, when is it considered abandoned?

A nonconforming use that ceases for 12 continuous months is treated as abandoned, and after that the property must be used only in compliance with the current zoning for that district (§ 14.16.270.D.5) .

What happens if my pre‑1991 dwelling was legal then but now conflicts with the zoning?

Legal dwelling units that existed or were approved as of January 1, 1991 are generally considered conforming (with specified exceptions for certain industrial and downtown mixed‑use areas) and may be replaced or rebuilt in their existing location subject to design controls; see § 14.16.060 for the conservation rules and required administrative design permit for changes. .

Can the city make me fix substandard parking if I rebuild my nonconforming building?

Yes. The city may require that parking equivalent to the prior existing parking be provided when a nonconforming structure is rebuilt after major damage, and may require parking upgrades to remedy substandard conditions where feasible; see § 14.16.270.C.6.a and the parking provisions § 14.18.240–250 for the specific parking rules. .

Are there time limits (amortization) that can make a nonconforming dwelling illegal?

Yes. The ordinance establishes an amortization regime for certain nonconforming dwelling units (see § 14.16.275) that can require them to become legal or be removed/converted at the end of the amortization period unless the owner obtains required permits or an extension granted by the Planning Commission; the code requires notice and an opportunity for hearing on extensions. .

If I want to move a nonconforming structure to another lot, is that allowed?

No. A nonconforming structure may not be moved unless at its new location it conforms to the standards for the district in which it will sit (§ 14.16.270.C.3) .

Can a nonconforming use be converted to another use?

Yes — but only to a use that is of the same or a more restricted nature, and a use permit is required before such a change can take place (§ 14.16.270.D.4) .

Do fences and walls get special treatment as nonconforming structures?

The fence/wall provisions allow ordinary maintenance and some replacement, but replacement/movement is limited unless the fence/wall is made to conform — residential front‑yard fences have special replacement rules if pre‑existing and documented; see the fence and wall rules in the ordinance (replacement/maintenance rules) and the applicable cross‑referenced sections. Specific fence replacement rules are in the fence/retaining wall provisions cited in the ordinance (see Chapter 14.16 and related sections). Not all numeric cross‑references for every fence scenario were in the retrieved snippets; verify with the Planning Division.

If I want to add an ADU to a nonconforming property, will the city require I correct zoning nonconformance first?

San Rafael’s nonconforming rules interact with ADU rules; however state ADU law limits a jurisdiction’s ability to deny ADU permits based on nonconforming zoning conditions in many circumstances. Consult the San Rafael ADU rules and the planning staff; the ordinance’s nonconforming provisions apply but state ADU law may constrain conditioning. Verify with the jurisdiction for parcel‑specific application. Not all state‑local cross‑references are in the retrieved materials.

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