Local zoning · Susanville

Susanville — Nonconforming Uses

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

Last reviewed: July 2, 2026

Overview

Susanville’s zoning title treats nonconforming buildings, uses, mobile homes and lots as lawful when established but incompatible with later zoning or regulatory changes; Chapter 17.108 sets the local rules for how those situations are handled, including repair limits, reconstruction thresholds, abandonment rules and when a use permit is required (see § 17.108.010§ 17.108.070) . Where nonconforming questions interact with site standards (setbacks, yards, height) consult the city’s Susanville Development Standards and the underlying zone chapters for district-specific rules. This page summarizes Susanville’s code text into plain-English guidance and a district-by-district breakdown for the most commonly affected zones.

Note: when the code refers to building permits and reconstruction it overlaps with building-safety rules; see the California Building Standards Code for Title 24 matters — but this page stays focused on the Susanville zoning rules only.


Core nonconforming rules (what the ordinance actually requires)

  • Nonconforming status: structures, buildings, mobile homes and uses that were lawful when established but later made inconsistent with the zoning title are declared nonconforming and managed under Chapter 17.108 (§ 17.108.010) .
  • Use permits: any structure or use that currently would require a use permit is treated as nonconforming and may not be enlarged/extended without a use permit (see § 17.108.010(B)) .
  • Repairs and maintenance: ordinary maintenance is allowed; structural alterations are restricted; repairs up to 25% of assessed value in any one-year period are allowed without triggering conformity requirements; repairs to meet code are permitted even if they exceed 25% (see § 17.108.020(C)) .
  • Enlargement and relocation: nonconforming structures may not be enlarged or moved unless the result conforms to the zone (see § 17.108.020(D) and (E)) .
  • Reconstruction after damage: repair is allowed if damage does not exceed 75% of appraised value and reconstruction begins within one year and is diligently pursued; if damage exceeds 75% the entire structure must be brought into conformity (see § 17.108.020(F)) .
  • Change of use: a nonconforming building may be changed to any use permitted in the zone; it may be changed to an equal-or-more-restrictive nonconforming use with a use permit; but an expansion of the nonconforming portion to other parts of the building is not allowed (see § 17.108.030(A)–(C)) .
  • Abandonment: if a nonconforming building/structure is discontinued for more than one year it loses its nonconforming rights; for nonconforming land uses, discontinuance of six months or more prevents reestablishment (see § 17.108.030(D) and § 17.108.040(A)(3)) .
  • Off-street parking: buildings that predate current parking rules cannot be enlarged to create more units/guest rooms/seating until parking requirements are met; buildings vacant more than one year that don’t meet parking may be reoccupied only with a use permit (see § 17.108.050) .
  • Public nuisance: maintenance of a nonconforming use is declared a violation/public nuisance (see § 17.108.060) .
  • Nonconforming residential fire-loss rule: pre‑ordinance residential structures destroyed by fire more than 75% of appraised value may only be replaced to the same square footage; new residences must be allowed in that zone (see § 17.108.070) .

The table below distills the decision-relevant numeric thresholds and common permitted-use controls.

Rule / Decision point Rule in plain English Code reference
When is a structure considered nonconforming? If lawful when built but inconsistent after a zoning change § 17.108.010
Enlargement of nonconforming structure Not allowed unless additions are made to meet current zone § 17.108.020(D)
Repairs/maintenance cap Normal repairs okay; structural work limited to 25% of assessed value per year unless required by code § 17.108.020(C)
Reconstruction after damage May rebuild if damage ≤ 75% of appraised value; >75% requires full conformity § 17.108.020(F)
Abandonment (building) Use discontinued > 1 year → nonconforming right lost § 17.108.030(D)
Abandonment (land) Use discontinued > 6 months → cannot reestablish § 17.108.040(A)(3)
Nonconforming off‑street parking Cannot enlarge occupancy/units until parking meets current rules; vacancy >1 year → reoccupy only with use permit § 17.108.050
Nonconforming adult-entertainment uses Specific amortization and conditional-use limits apply (36 months with possible extension) § 17.120.090–100

District-by-district breakdown (purpose, typical uses, key dimensional standards, where it applies)

Below are the Susanville zoning districts most commonly implicated by nonconforming issues. For each district I list the code reference for the district’s purpose or permitted uses so you can verify details in the ordinance text. If your parcel is in a different district, verify with the City.

NOTE: The first time I mention each planning topic below I link to the city pages you’ll commonly need: consult Susanville Zoning for zone maps, Susanville Development Standards for dimensional tables, Susanville Parking for vehicle-parking rules, Susanville Design Review for site/building review steps, Susanville Overlay Districts if overlays apply, and Susanville ADUs if an accessory unit is involved.

R-1 — Single-Family Residential (see zone chapter for precise title)

  • Purpose: preserve single-family neighborhoods and typical residential character (verify in the R-1 chapter; specific permitted uses and standards are listed under the R‑1 chapter of Title 17). Not found as a single § snippet in the retrieved preview; verify with the City’s Susanville Zoning.
  • Typical permitted uses: single-family residences, accessory buildings, ADUs (see § 17.104.100 for ADU rules) .
  • Key standards often applied to nonconforming situations: front/rear/side setbacks and maximum height; where existing homes predate these standards the § 17.72 yard and height rules (front yard 25 ft, rear 25 ft, side yards 10 ft, height 50 ft) are the baseline for many districts and provide the dimensional values used when assessing nonconforming status (see § 17.72.080–090) .
  • Where it applies: throughout single-family residential areas; if you are converting or expanding, check Susanville Development Standards and Susanville Design Review.

R-2 — Duplex Residential

  • Purpose: medium-density lots for single-family and duplex dwellings (max density 12 du/acre); see § 17.16.010 .
  • Typical permitted uses: single-family, duplex/two-family, accessory units including ADUs, employee housing and accessory structures (§ 17.16.020) .
  • Key dimensional standards: R-2 site standards and those referenced to § 17.72 for yards/heights; nonconforming duplexes follow Chapter 17.108 repair/expansion rules.
  • Where it applies: residential blocks zoned R-2 (refer to Susanville Zoning).

C-1 — Neighborhood Commercial (see § 17.32)

  • Purpose: convenience/neighborhood retail and services; permitted uses within buildings include convenience markets, small retail, service uses and small professional offices (§ 17.32.020) .
  • Typical permitted uses: retail, restaurants, small professional offices, some residential when included within main building, ADUs subject to § 17.104.100.
  • Key standards: where a commercial building predates current standards it may be nonconforming for parking, signage or setbacks; nonconforming parking carries the restrictions in § 17.108.050 .
  • Where it applies: neighborhood commercial corridors; consult Susanville Parking for parking compliance.

C-M / M — Commercial-Light Industrial / General Industrial

  • Purpose: allow commercial and industrial uses; § 17.56 sets the M (General Industrial) permitted uses and conditions such as outdoor storage screening and noise limits .
  • Typical permitted uses: manufacturing, warehouses, research, recycling (Chapter 17.124) and other industrial activities.
  • Key standards: outdoor storage screening, setbacks and noise; nonconforming industrial activities are limited by Chapter 17.108 (no expansion; must comply with performance standards) .
  • Where it applies: industrial parks and light-manufacturing areas; confirm in Susanville Zoning.

AE-20 / AR-1 / U — Agricultural / Agricultural Residential / Urban Reserve

  • Purpose: allow agriculture and low-density homes; AR-1 expressly permits single-family dwellings and agricultural uses (see § 17.71.010–020) and the AE-20 chapter provides agricultural distances and special rules such as structure separation (see § 17.72.100) .
  • Typical permitted uses: farm operations, single-family homes, accessory agricultural structures.
  • Key standards: large yards and required separation from livestock structures; nonconforming farm buildings have the same Chapter 17.108 limits on enlargement, relocation and repair.
  • Where it applies: city agricultural and edge areas.

PD — Planned Development

  • Purpose: custom development standards established in the PD ordinance and development plan; where a PD lacks specific standards the underlying zone’s standards apply (§ 17.64.040(A)) .
  • Typical permitted uses: set by the PD ordinance or development plan; nonconforming pieces in a PD are treated under Chapter 17.108, but confirm the PD’s establishing ordinance for special amortization or continuation clauses.
  • Where it applies: properties specifically rezoned or approved as PD.

Practical guidance: what the code allows (synthesis)

  • Small repairs and normal maintenance are permitted; but structural alterations that increase assessed value beyond 25% in a year are constrained (§ 17.108.020(C)) .
  • You cannot enlarge a nonconforming building or expand a nonconforming use to other portions of a building unless the enlarged portion and use are brought into full compliance (§ 17.108.020(D); § 17.108.030(C)) .
  • If your building is significantly damaged, the 75% appraised-value threshold determines whether you can rebuild the old nonconforming form or must conform to current zoning (§ 17.108.020(F)) .
  • If the nonconforming right stems from parking or loading shortfalls, you cannot add additional dwelling units, seating, guest rooms or floor area until parking is brought into compliance (§ 17.108.050) .
  • For ADUs: state ADU law interacts with local nonconforming zoning; Susanville’s code allows ADUs (see § 17.104.100) and state law may limit the city’s ability to require correction of nonconforming conditions that are not safety-related (see Susanville ADUs and state ADU guidance) . Verify ADU-specific nonconforming exceptions with the community development department; “Not found in retrieved materials” for Susanville’s written ADU/nonconforming policy beyond the referenced sections.

Checklist — what an applicant must satisfy (pre‑application to decision)

  • Confirm whether the structure/use was lawful when established and identify the date of change that made it nonconforming (compile permits, deeds, photos) — see § 17.108.010 .
  • Determine whether proposed work is ordinary maintenance, repair (≤25% assessed value) or structural alteration (see § 17.108.020(C)) .
  • If adding area, converting or moving a structure, prepare a use permit application and show how the addition will meet current district regulations (use permit per § 17.112.020040 where applicable; enlargement rules § 17.108.020(D)) .
  • If damage occurred, assemble appraised-value evidence and timeline to show damage ≤75% and that reconstruction will commence within one year to qualify under § 17.108.020(F) .
  • Check off-street parking: demonstrate current parking either meets the code or explain a plan to satisfy § 17.108.050 before expanding occupancy/units .
  • If the nonconforming use has been discontinued, document continuity or reasons beyond owner’s control to contest an abandonment finding (abandonment rules in § 17.108.030(D) and § 17.108.040(A)(3)) .
  • If the property is in a PD, overlay, or historic district, include the PD ordinance, overlay rules, or designation documentation and route applications through Susanville Overlay Districts or Susanville Historic Preservation processes as required (PD procedures § 17.64.030–040) .
  • Coordinate design and site plans as required under Susanville Design Review and show compliance with Susanville Development Standards.
  • Verify building-safety repairs with the California Building Standards Code and the building official; any code-mandated repair is permitted even if it exceeds the 25% repair cap (§ 17.108.020(C)) .

Risks & Ambiguities

Issue Why it matters What to verify
Abandonment vs. temporary closure If the city finds the nonconforming use abandoned (>1 year building, >6 months land use) you lose rights Provide evidence of continuous operation or documented reasons (illness, military service). See § 17.108.030(D) and § 17.108.040(A)(3)
Repair valuation methodology “25% of assessed value” depends on assessor records — can change the outcome Confirm assessor’s valuation date and how city will apply the threshold; cite § 17.108.020(C)
Rebuild threshold timing and proof The 75% threshold and the one‑year reconstruction window are strict Obtain formal appraisals and start documentation showing reconstruction start date to meet § 17.108.020(F)
Parking shortfalls tied to reuse Nonconforming parking blocks reconfiguration or adding units/guest rooms Confirm required parking under § 17.108.050 and the city’s parking table in Susanville Parking
Conflicts with State ADU law State ADU rules may limit local nonconforming requirements for accessory units For ADUs, reconcile § 17.104.100 with state ADU statutory limits; verify with the community development director — local ADU/nonconforming policy not fully detailed in retrieved materials
Historic structure exceptions Nonconforming historic structures have special repair/alteration allowances but require authorization Confirm designation and secure authorization from the community development director and building official per § 17.108.020(G)

Plain-English summary

If your Susanville building or use predates a zoning change and now violates current rules, you may continue it but can’t expand or move it, repairs are allowed up to certain dollar thresholds (25% for ordinary repairs; full code repairs allowed), major damage over 75% forces full compliance, and abandonment (6 months–1 year) will end nonconforming rights — see § 17.108.010–070 for the controlling text .


Source References

  • Susanville Municipal Code — Chapter 17.108 (Nonconforming Uses), including § 17.108.010 through § 17.108.070 (nonconforming definitions, repairs, enlargement, reconstruction, abandonment, parking) .
  • Susanville Municipal Code — § 17.108.020 (Nonconforming buildings and structures: 25% repair cap; 75% reconstruction threshold) .
  • Susanville Municipal Code — § 17.108.030040 (Nonconforming uses of buildings/land — change of use, abandonment, continuation) .
  • Susanville Municipal Code — § 17.108.050 (Nonconforming off‑street parking) .
  • Susanville Zoning chapters cited: § 17.16 (R-2 duplex district) and § 17.32 (C-1 commercial), § 17.56 (M district), § 17.64 (PD) and yard/height standards § 17.72.080–100 for dimensional baselines .
  • Susanville Municipal Code — § 17.120.090–100 (special rules for adult entertainment nonconforming uses / amortization) .

If you need the ordinance PDF or the official zone map, verify with the City of Susanville planning office or the online municipal code on the city’s site; for any parcel‑specific interpretation: Verify with the jurisdiction.

Sources

Retrieved passages

  • Susanville Zoning Code (chapter shall) High relevance
  • Susanville Zoning Code (§ 15.7) High relevance
  • Susanville Zoning Code (§ 17.120.090.) High relevance
  • Susanville Zoning Code (§ 2) High relevance
  • Susanville Zoning Code (§ 2) High relevance
  • Susanville Zoning Code (§ 2) High relevance
  • Susanville Zoning Code (chapter shall) High relevance
  • Susanville Zoning Code (§ 15.6) High relevance
  • Susanville Zoning Code (section shall) High relevance
  • CBC § 66314 (§ 66314) Medium relevance
  • Susanville Zoning Code (§ 66333) Medium relevance

Cited sections

Frequently asked questions

How does Susanville define a nonconforming use or structure?

Susanville defines a nonconforming structure/use as one that was lawful when established but later made inconsistent by an adopted district or regulation; see § 17.108.010 for the definition and intent .

Can I enlarge a nonconforming building in Susanville?

No—enlargement is not allowed unless the addition and the use are made to conform to the current district regulations (see § 17.108.020(D)) .

If my nonconforming building is damaged by fire, can I rebuild it?

You may rebuild if damage does not exceed 75% of appraised value and restoration begins within one year and proceeds diligently; damage over 75% requires the rebuilt structure to conform to current regulations (§ 17.108.020(F)) .

How long can a nonconforming land use continue if it’s not allowed under the current zoning?

A nonconforming land use may be continued but may not be expanded; if discontinued for six months or more it cannot be reestablished (§ 17.108.040(A)) .

Are repairs allowed on a nonconforming building?

Yes—ordinary maintenance and repairs are allowed. Structural alterations are limited, and work cannot exceed 25% of assessed value in any one year unless the work is necessary to bring the building into compliance with other city codes (§ 17.108.020(C)) .

What happens if a building lacks required off‑street parking?

You cannot alter or enlarge a building to create additional units, seating capacity, or floor area until off‑street parking/loading requirements are met; buildings vacant more than one year that don’t meet parking may be reoccupied only with a use permit (§ 17.108.050) .

Can a nonconforming residential structure become an adult-entertainment business?

No—Susanville specifically forbids conversion of a residential or other nonconforming structure to an adult entertainment business after the ordinance’s enactment (see § 17.120.070(E)) and treats existing adult entertainment businesses under separate amortization rules (§ 17.120.090–100) .

If my nonconforming use was interrupted by illness or emergency, can I keep it?

The code recognizes interruptions beyond the owner’s control may not be abandonment; the owner may request a review by city council where evidence shows there was no intent to abandon (§ 17.108.030(D) note) .

Does Susanville treat historic nonconforming structures differently?

Yes—repairs, alterations and additions necessary to preserve a nonconforming historic structure may be authorized by the community development director and building official provided the structure is officially designated and unsafe conditions are corrected (§ 17.108.020(G)) .

If my property is in a Planned Development (PD), which rules control nonconforming repairs?

A PD’s establishing ordinance and approved development plan set PD standards; where the PD lacks specifics, the underlying zone controls. PDs still must follow Chapter 17.108 for nonconforming situations unless the PD ordinance says otherwise (§ 17.64.040(A) and § 17.108 generally) .

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