Local zoning · Selma

Selma — Nonconforming Uses

Q: Can I expand a nonconforming use into adjacent space of a conforming structure?

No — a nonconforming use of a conforming structure shall not be expanded or extended into any other portion of the conforming structure ; any future use after discontinuance must conform with the Ordinance — see § 11-5.4(A) .

Q: Who decides disputes about whether a structure exceeded 50% destruction?

The Building Official determines the percentage of destruction/value; Code procedures allow appeals/administrative review through the planning process and possibly Commission/Council review depending on the action — see § 11-5.5(A) and the appeals chapters.

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

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Last reviewed: July 2, 2026

Overview

This page summarizes how the City of Selma zoning ordinance treats nonconforming uses, nonconforming structures, and nonconforming parcels (commonly codified in Title XI). It explains what may continue, what triggers loss of status, and how restoration after damage is handled under § 11-5.1–11-5.5 of the Selma Zoning Code, with practical, Selma-specific guidance and where to verify details. See Selma’s rules for related topics such as Selma Development Standards, Selma Parking, Selma Design Review, Selma Overlay Districts, Selma ADUs, and the California Building Standards Code where those standards interact with zoning requirements.

What the Selma Code says — chapter and key rules (short)

General purpose: discourage long-term nonconformities but allow limited continuation of lawful pre-existing conditions under prescribed limits — § 11-5.1.
Nonconforming parcels: a substandard lot can be treated as a legal building site only if it meets documentary criteria such as recorded subdivision or pre-existing deed; city Director must be satisfied — § 11-5.2(A).
Nonconforming structures: structures nonconforming only as to yard, height, or area are treated differently (may be considered conforming for some purposes); restrictions on alteration/expansion apply — § 11-5.3.
Nonconforming uses: continuation, limits on extension or change, and discontinuance rules (including a two‑year discontinuance rule tied to failure to secure required permits) — § 11-5.4.
Restoration after damage: repair/restoration allowed if destruction is not more than 50% of the structure’s value (as measured by the Building Official); if >50% destroyed it must be rebuilt to conform — § 11-5.5(A).

District-by-district breakdown (Selma-specific)

Below are the Selma zoning districts where nonconforming-rule interactions are explicitly addressed in the Code. Each subsection gives the district name in bold, the district purpose/typical uses (as expressed by the Code), key dimensional standards where the Code lists them, and where those rules apply to nonconformities.

Notes on citations: the nonconformity rules themselves live in Chapter 5: Nonconformities (11-5.1 — 11-5.5); specific dimensional numbers below are from the Development Standards tables (see § 11-3.1 or the district tables).

R-1 (Single‑Family Residential)

Purpose / typical uses: single‑family dwellings and accessory residential uses (standard single‑family district). The Zoning Ordinance applies to all property, and residential uses are the intended primary use in R zones. § 11-1.4–11-1.5 (applicability/general plan relationship).
Key dimensional standards: Not found in retrieved materials for a complete R‑1 table text; the general R‑zone development standards are referenced in § 11-3.1 (see multi-R tables). Verify with the City for R‑1 numeric setbacks and lot-size minima. Not found in retrieved materials.
Nonconforming interaction: In R Zones, a nonconforming structure that is not a residential structure (i.e., a commercial building in an R zone) must be removed or altered to conform within a time set by the Commission (special hearing and notice requirements apply) — § 11-5.3(F).

R-2 / R-2‑A (Two‑family / Low‑density Multi‑family)

Purpose / typical uses: two‑unit and low-density multi‑family housing; accessory residential uses allowed.
Key dimensional standards: Minimum lot width 60 ft, minimum lot depth 100 ft, maximum lot coverage ~40%, max accessory building height 16 ft, front setback 20 ft or 25% of depth (whichever less); side yards commonly 5 ft, larger for multi‑story; see § 11-3.1 and the R‑2 table.
Nonconforming interaction: Nonconforming structures nonconforming only for yard/height may be altered provided the altered portions meet yard/height standards; if removed, future use must conform — § 11-5.3.

R-3 / R-3‑A (Multi‑family)

Purpose / typical uses: medium-density multi‑family housing and related accessory uses.
Key dimensional standards: Front setbacks commonly 15 ft (or 25% of depth, whichever less), side yards 5 ft, rear yard 10 ft, max building height 35 ft (R‑3), max accessory building height 16 ft; see § 11-3.1 and the R‑3 table.
Nonconforming interaction: Same restoration and alteration rules as other R zones; conversion of nonconforming uses within a structure to a same-or-more-restricted classification is allowed — § 11-5.4(A).

R-4 (Higher‑density Residential)

Purpose / typical uses: higher-density apartments/multi‑family; subject to objective design standards.
Key dimensional standards: see R‑3/R‑4 columns in the development standards tables; max height up to 45 ft in certain R‑4 designations, setbacks and coverage per § 11-3.1.
Nonconforming interaction: Same core nonconforming structure/use rules; ADU rules (see below) may interact with nonconforming conditions.

C (Commercial) Zones

Purpose / typical uses: retail, services, offices; specific uses listed in use tables. See the Permitted Uses tables for exact lists.
Key dimensional standards: referenced to § 11-3.1 development standards and zone tables (varies by commercial subzone). Verify exact C‑zone standards in the district tables. Not found in retrieved materials for a single consolidated C table.
Nonconforming interaction: A nonconforming structure in a C (or M) zone may remain subject to § 11-5.3; the Code explicitly permits continuation of nonconforming commercial structures with the limitations there expressed.

M (Manufacturing / Industrial) Zones

Purpose / typical uses: manufacturing, industrial, warehousing and permitted support uses; see the use tables for details.
Key dimensional standards: set in § 11-3.1 and district development tables; confirm specifics with the Development Standards tables. Not found in retrieved materials as a single M table.
Nonconforming interaction: Nonconforming industrial structures may remain under the standard nonconformity provisions (see § 11-5.3).

Overlay Districts (historic, special planning, etc.)

Purpose / typical uses: additional standards that apply on top of base zone standards; the Code defines Overlay District and indicates overlay rules govern in addition to the base district. See Selma Overlay Districts.
Nonconforming interaction: A change in zoning or establishment of an overlay that causes an existing use/structure to become nonconforming triggers the Chapter 5 rules — § 11-5.5 / 11-19-5 (effect of zone changes).

Quick reference table — most decision‑relevant items

Subject	Rule/Limit (plain)	Code reference
When may a damaged nonconforming structure be rebuilt?	May be restored if damage is ≤ 50% of the structure’s value (Building Official determines) — if >50% it must be rebuilt to conform.	§ 11-5.5(A)
How long may a nonconforming land use continue after ordinance takes effect?	Nonconforming land uses without a structure (signs excepted) may continue for up to 3 years; land use connected to a structure removed >50% may continue up to 3 years after removal/destruction.	§ 11-5.5(B) / 11-19-4(A)
Discontinuance (general uses that become nonconforming)	If a use becomes nonconforming due to ordinance change or failure to obtain required permits/site plan, it must be discontinued within 2 years (or earlier if state law).	§ 11-5.4(B)
Nonconforming parcels treated as legal	Parcel can be a legal building site if: recorded subdivision, legally created by deed before ordinance/amendment, approved variance/lot‑line adjustment, or limited partial government acquisition.	§ 11-5.2(A)
Expansion/Change of nonconforming use	No expansion/extension onto same or adjoining property; nonconforming use of a conforming structure cannot be extended into other portions; change only to same or more restricted classification allowed in some cases.	§ 11-5.4(A)
Special rule for alcohol outlets	Existing alcohol outlets are legal nonconforming; if discontinued 6 months the status is lost (specific triggers listed).	Standards and discontinuance triggers: § 11-4.11 (Existing Uses)

Checklist — what an applicant must document to preserve or restore a nonconforming condition

Demonstrate the use/structure was lawful on the ordinance effective date (historic permits, business license, tax records, deeds). § 11-5.1
For a nonconforming parcel: show recorded subdivision or pre-ordinance deed, or evidence of prior variance/lot line adjustment as required by § 11-5.2(A).
If repairing after damage: obtain Building Department review showing destruction is ≤50% (Building Official determination) to permit restoration under § 11-5.5(A); include construction permits.
If changes or expansions are proposed: confirm the Code prohibits expansion of nonconforming land uses onto adjacent property and limits extensions — provide precise scope and legal analysis against § 11-5.4.
If the nonconformity arose from a zone change, document timing and apply the Chapter 5 rules on effect of zone changes (§ 11-19-5).
For uses that became nonconforming because permits were not obtained: either obtain required permits/site plan review within 2 years or prepare to discontinue the use; cite § 11-5.4(B).

Also check related permit processes (e.g., Site Plan Review, Variance) in Chapter 6 when you prepare materials.

Risks & Ambiguities

Issue	Why it matters	What to verify
What counts as "discontinued"?	Losing nonconforming status can occur quickly for some uses; different uses have different trigger periods (e.g., alcohol outlets: 6 months) — leads to mandatory conversion to conforming use.	Verify cessation triggers for the specific use in the Code; for alcohol outlets see § 11-4.11(F).
Who measures the "50%" destruction threshold?	The Building Official makes the valuation determination; outcome controls whether rebuilding is allowed as a nonconformity.	Confirm Building Official criteria and request written determination (Code: § 11-5.5(A)).
Parcel legal status (nonconforming parcel)	If parcel doesn’t meet Code’s documentary tests it may not be a legal building site — affects entitlement strategy.	Provide chain-of-title, recorded subdivision/lot maps, and confirm acceptance by the Director under § 11-5.2(A).
Interaction with overlays or zone amendments	A zone change can create new nonconformities and triggers the Chapter 5 rules; landowners may assume grandfathering but the Code controls.	Verify the exact map amendment timing and apply § 11-19-5 (Effect of Zone Changes).
Conflicts with state ADU law	State ADU rules limit local ability to require correction of nonconforming conditions for ADU approval. Local code references these interactions but state law may override.	Check ADU provisions in Selma and State law; see § 11‑5.x for nonconforming rules and the ADU section (Selma ADU rules) and confirm with legal counsel.

Plain‑English summary

If your building or business in Selma was lawful before a zoning change, the City generally allows it to keep operating for a limited time but restricts expansion, requires proof to continue, and will force conformance if the use or structure is abandoned, heavily damaged (>50%), or if required permits are not obtained within the timelines in the Code (see § 11-5.1–11-5.5).

Information Gaps (what the retrieved materials did not make explicit)

Complete, consolidated numeric standards for R‑1 in the copy retrieved: Not found in retrieved materials (development tables reference § 11-3.1 but the R‑1 row was not visible). Verify exact R‑1 setbacks/coverage with the City.
A single consolidated C‑ and M‑zone development table in the excerpts: Not found; use § 11-3.1 tables in the official code for precise commercial/industrial dimensions.
Administrative procedure detail for contested determinations by the Building Official (how appeals of the “>50%” determination proceed) — the Code references appeal processes (amendments/commission/board) but parcel-specific process steps and timelines should be confirmed with the Community Development Director. See § 11-5.3–11-5.5 for appeal references.

Source References

Selma Zoning Code — Chapter 5, Nonconformities: § 11-5.1 – 11-5.5 (General purpose; nonconforming parcels; nonconforming structures; nonconforming uses; extension/restoration rules).
Definitions: Nonconforming Use / Nonconforming Structure / Nonconforming Sign — Definitions chapter § 11-8.x.
Development standards / district tables (R‑2, R‑3, R‑4 examples): § 11-3.1 and district development tables (R‑2/A, R‑3/A, R‑4).
Alcohol outlet nonconforming discontinuance rules and triggers: Standards for Specific Uses — § 11-4.11 (Existing Uses; discontinuance triggers).
Permit processing and review authorities (for site plan, zoning clearance, variances referenced above): Chapter 6 (11-6.x).

Sources

Retrieved passages

Selma Zoning Code (section but) High relevance
Selma Zoning Code (section but) High relevance
Selma Zoning Code (Chapter provides) High relevance
Selma Zoning Code (Section 11-7.7.) High relevance
Selma Zoning Code (Section be) High relevance
Selma Zoning Code (Section 11-7.7.) High relevance
Selma Zoning Code High relevance
Selma Zoning Code High relevance
Selma Zoning Code High relevance
CBC § 5443.5 (section when) High relevance

Cited sections

Official Selma code library

Frequently asked questions

What happens to a nonconforming commercial building in an R zone in Selma?

A commercial building that became nonconforming in an R zone may remain temporarily, but the Code requires nonresidential nonconforming structures in R zones to be removed or altered to conform within a time determined by the Planning Commission; there are minimum notice and hearing safeguards and a floor on the minimum useful life the Commission may allow — see § 11-5.3(F).

If my building is 40% destroyed by fire, can I rebuild it to the previous use?

Yes — if the Building Official determines the structure’s damage is not more than 50% of its reasonable value, restoration and continuation of the prior occupancy/use is allowed under § 11-5.5(A); if damage exceeds 50%, rebuilding must comply with current zoning.

How long can an existing nonconforming land use continue after the code changed?

Nonconforming land uses where no structure is involved may be continued for up to three years after the ordinance takes effect; if tied to a structure destroyed or removed >50% the land use may be continued for up to three years from that date — see § 11-5.5(B).

Can I expand a nonconforming use into adjacent space of a conforming structure?

No — a nonconforming use of a conforming structure shall not be expanded or extended into any other portion of the conforming structure; any future use after discontinuance must conform with the Ordinance — see § 11-5.4(A).

My lot is smaller than the code minimum — can I still build?

Possibly. A parcel that is nonconforming as to area, depth, or width can be a legal building site if it meets one of the documentary criteria (recorded subdivision, deed created before the ordinance change, prior variance or lot‑line adjustment, or limited partial government acquisition) and the Director accepts the evidence — see § 11-5.2(A).

Does Selma treat nonconforming signs differently?

Yes. Legally existing signs prior to adoption are legal nonconforming signs; changing sign copy is allowed but any physical modification beyond maintenance requires compliance with the current sign provisions and sign application review per the sign chapter. See the Nonconforming Signs rules in the sign standards chapter (Sign section in the Code).

If my business lost a required permit and becomes nonconforming, how long before I must stop operating?

If a use becomes nonconforming because required permits or site plan review were not obtained, the use must be discontinued within two years of the date it became nonconforming (or earlier if general law requires) unless the permits/site plan are obtained — § 11-5.4(B).

Do nonconforming conditions block ADU approvals in Selma?

Selma’s ADU provisions note that correction of nonconforming zoning conditions or unpermitted structures that do not threaten health and safety is not required to establish an ADU; however state ADU law also limits local authority in this area — check both Selma ADU rules and state ADU provisions when applying. See Selma’s ADU section and the Code’s nonconforming rules.

If the city rezones my neighborhood, does that instantly make my use nonconforming?

Yes — if a zone change places a zone boundary or new restriction that makes an existing use prohibited under the new rules, that use becomes a nonconforming use and the Chapter 5 rules apply (effect of zone changes). See § 11-19-5 for these mechanics.

Who decides disputes about whether a structure exceeded 50% destruction?

The Building Official determines the percentage of destruction/value; Code procedures allow appeals/administrative review through the planning process and possibly Commission/Council review depending on the action — see § 11-5.5(A) and the appeals chapters.

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