Local zoning · Tehama

Tehama — Nonconforming Uses

Q: Which Tehama district rules apply if my parcel is in the Business Overlay?

If your parcel is in the business overlay zone , the overlay allows specific commercial uses but states that development must comply with the underlying base zone’s development standards — see § 17.14.030–17.14.050 . The overlay does not by itself cancel or change the underlying zone’s dimensional requirements.

Q: How do I prove a use was "legally established" before Title 17?

The code defines the standard (see § 17.04.050 ), but the ordinance does not list an exhaustive roll of acceptable proofs; in practice the City reviews historic permits, certificates of occupancy, tax/utility records and other documentary evidence. Always verify with City records for parcel‑specific determinations.

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

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Last reviewed: July 2, 2026

Overview

This reference summarizes what the City of Tehama's zoning ordinance (Title 17) actually says about nonconforming uses, nonconforming structures, and related treatment under the City's district rules. Key local rules are: the definition of a nonconforming use, how accessory dwelling units (ADUs) are treated relative to nonconforming zoning conditions, and where to look in Title 17 for district-specific permitted uses and development standards. The ordinance text cited below is the primary authority; where the code is silent I note the gap and advise verification. See the municipal definitions at § 17.04.050 for the controlling definition.

How Tehama defines and treats nonconforming uses

What "nonconforming use" means in Tehama: the ordinance defines nonconforming use as a use of land or structure that "was legally established and maintained prior to the adoption of this title" but that does not comply with current use rules for the zoning district where it sits — § 17.04.050.
Nonconforming zoning conditions vs. nonconforming uses/structures: Title 17 distinguishes nonconforming uses/conditions (definition above) from the rules that apply to specific projects such as ADUs. The ADU chapter explicitly states that correcting nonconforming zoning conditions is not required to establish an ADU — see § 17.60.030(D) and § 17.60.080(G). This is a local implementation of state ADU policy and is binding in Tehama.
Enforcement and discretionary review: Where a use is nonconforming because it was legal when established but is inconsistent now, the ordinance provides mechanisms (use permits, enforcement, abatement) elsewhere in Title 17 — for example, use-permit application and findings procedures and revocation/notice procedures under Chapter 17.28. See § 17.28.020 (application filing) and § 17.28.040 (findings) for the process authorities use to evaluate continued or changed uses.

Note: Title 17’s definition is the starting point — whether a use is “legally established” will often require looking at historic permits, building records, and sometimes court decisions. Verify with the City for parcel-specific determinations.

District-by-district breakdown (where nonconforming matters most)

The Tehama code organizes land into a small set of local districts. Below are the Tehama-specific district descriptions and the local text you need to consult if you are dealing with a nonconforming use in that district.

Residential district (R)

Purpose: The residential district (R) is intended to provide a variety of housing types (single-family, multifamily, transitional/supportive housing). See § 17.12.010.
Typical permitted uses: single-family dwellings, multifamily housing, Accessory dwelling units (ADUs) and junior ADUs (when in compliance with Chapter 17.60), child day care homes, small community care facilities, and certain emergency shelters — see § 17.12.030 for the full permitted/conditional lists and standards.
Key dimensional / development details the code records here: a permitted single- or two‑story single‑family building is described with a minimum width of 20 ft and minimum gross floor area of 800 sq ft (per dwelling) and a requirement for two off‑street parking spaces for that use — see § 17.12.030(A). For ADUs the parcel-coverage and setback interactions are handled in Chapter 17.60 (see below).
Where it applies: "All the land area which is platted into lots and blocks is designated residential." § 17.08.010(A).

Practical note: many nonconforming residential uses (e.g., a pre-existing duplex where current rules limit density) will be evaluated under the general nonconforming definition § 17.04.050 and under use-permit rules in Chapter 17.28.

(First natural link: the local rules tie into Tehama ADUs — ADU approvals expressly remove the duty to correct nonconforming zoning conditions when the ADU otherwise complies with Chapter 17.60. )

Business Overlay Zone (BOZ)

Purpose: The business overlay zone provides for a range of commercial uses on selected parcels (notably parcels along C Street) and implements the Business overlay general plan designation — see § 17.14.020.
Typical permitted uses: all uses permitted in the residential district plus banks, equipment sales, hotels/motels, office, restaurants, retail, single-room occupancy (SRO), outdoor dining, and personal services (see § 17.14.030).
Key dimensional standards: Development in the business overlay zone must "comply with the development standards established for the underlying base zone and general plan land use designation" — the overlay does not rewrite setbacks or lot‑coverage itself (§ 17.14.050). That means nonconforming structures in the overlay are reconciled against their underlying base zone rules and underlying standards.
Where it applies: limited select parcels (see map in City files and Chapter 17.14).

(First natural link: see Tehama’s overlay districts reference for where BOZ applies.)

Open‑space district (OS)

Purpose and uses: The open‑space district is focused on production of food/fiber, parks, river bank access/preservation, and scenic beauty. Permitted uses are listed in § 17.16.010.
Nonconforming issues: Because open‑space lands are often encumbered by plan constraints, conversions or expansions of nonconforming uses here usually trigger referral and additional findings in the planning review process (see § 17.16.010(B)).

Manufactured Homes (special rules that affect nonconforming considerations)

The code allows manufactured homes in the residential area if certain installation and size/foundation requirements are met; see § 17.24.010 for the placement/size/foundation requirements that will be enforced if a manufactured home already exists or is proposed. A manufactured home that predates the ordinance may be a nonconforming structure but must still meet certain installation requirements on permit.

Quick table — decision‑relevant code pointers

Topic / standard	What Tehama requires or says	Code reference
Definition of nonconforming use	Use legally established before adoption of Title 17 that no longer conforms to current use rules	§ 17.04.050
ADU and nonconforming zoning conditions	Correction of nonconforming zoning conditions is not required to establish an ADU that otherwise complies	§ 17.60.030(D) and § 17.60.080(G)
Residential permitted uses (examples)	Single‑/two‑story single‑family (min 20 ft width; 800 sq ft floor minimum), multifamily, ADUs, supportive housing	§ 17.12.030(A, D, H)
Business overlay permitted uses	All residential uses plus retail, restaurants, banks, SROs, offices; development uses underlying zone standards	§ 17.14.030–17.14.050
Use permit filing & findings	Application filing requirements and required findings when discretionary approval is used	§ 17.28.020 and § 17.28.040

Practical guidance — what the code allows and what it doesn't

You cannot rely on a general "amortization" assumption — Title 17 does not simply state a blanket forced removal period for all nonconforming uses; instead the code relies on permit/abatement tools and specific chapters (e.g., wind/solar abandonment rules are explicit in their chapters). See Chapter 17.83 and 17.84 for examples where abandonment is explicit.
If you plan to change, expand, or rebuild a structure that is nonconforming, expect the City to require permitting under the applicable chapter and possibly a use permit if the change is discretionary (see § 17.28.010–060).
For ADUs: Tehama explicitly follows state ADU policy locally — an otherwise‑compliant ADU cannot be conditioned on the correction of nonconforming zoning conditions (see § 17.60.030(D)). That makes ADUs a practical compliance path for parcels with zoning nonconformities.
For parking questions tied to nonconforming dimensions or lot coverage consult the local parking definition and standards; Title 17 defines a parking space size and requires compliance with district standards, and the City’s ADU rules address parking exceptions — see the City parking definition and ADU chapter. (First natural link: parking.)

(First natural link to broader technical rules: check Tehama Development Standards and Tehama Design Review where applicable since many nonconforming decisions reference or depend on these standards.)

Checklist — what an applicant should prepare when a nonconforming use/structure is involved

Evidence that the use/structure was legally established prior to the relevant ordinance change (historic permits, certificates of occupancy, tax/utility records) — see § 17.04.050 definition.
Site plan and plans sufficient to show the proposed change and demonstrate compliance or identify nonconforming elements (required for use‑permit filing) — see § 17.28.020.
If applying for an ADU, rely on Chapter 17.60 — show ADU compliance to avoid being required to correct nonconforming zoning conditions; bring proof of how the ADU meets Chapter 17.60 standards. § 17.60.030(D) and § 17.60.080(G). (First natural link: Tehama ADUs.)
If the proposal is in a Business Overlay parcel, show how the project complies with the underlying base zone development standards per § 17.14.050. (First natural link: overlay districts.)
Demonstrate compliance with applicable objective development standards (setbacks, parking, lot coverage) or document which standards are nonconforming and why correction is infeasible — consult the district development rules and the ADU chapter where relevant. (First natural link: development standards.)
Prepare for discretionary review: if a use permit or variance is required, be ready to address the findings in § 17.28.040 and public hearing notice obligations. (First natural link: variances and exceptions.)
Confirm building and life‑safety compliance: the City enforces the California Building Standards Code for structural, fire and foundation requirements (ADUs also reference these requirements). (First natural link: California Building Standards Code.)

Risks & Ambiguities

Issue	Why it matters	What to verify
What constitutes “legally established” prior to the Title’s adoption	Determines whether an activity is a protected nonconforming use or an unlawful use; evidence matters at hearing/enforcement	Verify documentary evidence (permits, COs, tax records) with the City; code gives definition but not a list of acceptable proof — § 17.04.050.
Numeric setback / lot‑coverage numbers for a specific lot	District chapters do not always list every numeric standard in a single place; some standards are in separate chapters or in a development standards table	Check the applicable district chapter and the city's development standards table — where not present in Title 17 excerpts provided, write “Verify with the jurisdiction.” (Many numeric standards are in Chapter 17.12 and Chapter 17.60 for ADUs.)
When a nonconforming building may be rebuilt after damage	Ordinance provides enforcement and use‑permit tools but does not supply a universal rebuild threshold in the sections reviewed	Not found in retrieved materials — verify with the City’s planning/building counter and check if the City uses standard rebuild rules or references a dollar/value threshold.
Whether an ADU can be conditioned on correcting building‑code defects	State law and Tehama ADU chapter limit conditioning an ADU on correcting nonconforming zoning conditions — but building‑code violations that threaten health/safety may be enforced	Confirm whether the local building official finds a health/safety threat; Tehama’s ADU chapter states correction of zoning nonconformance is not required for an ADU — § 17.60.030(D) and § 17.60.080(G).

Plain‑English summary

If your use or building in Tehama predates the current zoning rules, Title 17 will generally treat it as a "nonconforming use" as defined in § 17.04.050; you can usually continue the lawful nonconforming use but any change, expansion, or rebuild triggers review under the city's use‑permit and district development rules. For accessory dwelling units, Tehama specifically says you do not have to fix nonconforming zoning issues to get an ADU if the ADU otherwise meets Chapter 17.60 requirements — check § 17.60.030(D) and § 17.60.080(G) and verify parcel‑specific facts with the City.

Source References

City of Tehama, Title 17 — ZONING: Definitions and general provisions, § 17.04.050 (definition of "Nonconforming use").
City of Tehama, Chapter 17.12 — RESIDENTIAL DISTRICT (purpose; § 17.12.010) and permitted uses (§ 17.12.030).
City of Tehama, Chapter 17.14 — BUSINESS OVERLAY ZONE (purpose, permitted uses, § 17.14.020–17.14.050).
City of Tehama, Chapter 17.16 — OPEN‑SPACE DISTRICT (§ 17.16.010 permitted uses).
City of Tehama, Chapter 17.24 — MANUFACTURED HOMES (§ 17.24.010).
City of Tehama, Chapter 17.28 — USE PERMITS & VARIANCES (application § 17.28.020, findings § 17.28.040).
City of Tehama, Chapter 17.60 — ACCESSORY DWELLING UNITS (ADUs), especially § 17.60.030(D) and § 17.60.080(G) (nonconforming conditions and ADU treatment).
City of Tehama, Chapter 17.83 and 17.84 — wind and solar rules that include explicit abandonment/maintenance language (examples where nonconformance/abandonment is treated in the chapter).

If you need direct clause text from any of the sections above, or a parcel‑specific interpretation (e.g., "Is 123 C Street legally nonconforming?"), request a records search and I will list the exact permit history items to pull.

Sources

Retrieved passages

Tehama Zoning Code (Chapter 1) Medium relevance
Tehama Zoning Code (title and) Medium relevance
Tehama Zoning Code (§ 66314) Medium relevance
Tehama Zoning Code (Title 15) Medium relevance
CBC § 66314 (§ 66314) Medium relevance
Tehama Zoning Code (§ 66333) Medium relevance
CBC § 66321 (§ 66321) Medium relevance
CBC § 198 (chapter shall) Medium relevance
Tehama Zoning Code (Section 65660.) Medium relevance
Tehama Zoning Code (Chapter 17.32) Medium relevance
Tehama Zoning Code (Chapter 17.32) Medium relevance
Tehama Zoning Code (Title 17) Medium relevance
Tehama Zoning Code (Chapter 8.08) Medium relevance
Tehama Zoning Code Medium relevance
Tehama Zoning Code (Chapter 8.08) Medium relevance

Cited sections

Official Tehama code library

Frequently asked questions

What does Tehama mean by a "nonconforming use"?

A "nonconforming use" in Tehama is a use of land or a structure that was legally established before the current Title 17 rules but that now conflicts with the zoning district’s allowable uses — see § 17.04.050 for the official local definition.

Can I add an ADU to a parcel with nonconforming zoning in Tehama?

Yes. Tehama’s ADU chapter says correcting nonconforming zoning conditions is not required in order to establish an ADU that otherwise complies with Chapter 17.60; see § 17.60.030(D) and § 17.60.080(G). Verify with the City whether any building‑code or health/safety corrections are required by the building official.

If my house was built before the current code, can I rebuild it after damage?

Title 17 provides mechanisms for permit review and enforcement (use permits, findings, and abatement), but the ordinance text in the supplied materials does not include a single universal numeric rebuild threshold; parcel‑specific rebuild rights should be verified with the City. Not found in retrieved materials for a universal rebuild rule — verify with the jurisdiction.

Which Tehama district rules apply if my parcel is in the Business Overlay?

If your parcel is in the business overlay zone, the overlay allows specific commercial uses but states that development must comply with the underlying base zone’s development standards — see § 17.14.030–17.14.050. The overlay does not by itself cancel or change the underlying zone’s dimensional requirements.

How do I prove a use was "legally established" before Title 17?

The code defines the standard (see § 17.04.050), but the ordinance does not list an exhaustive roll of acceptable proofs; in practice the City reviews historic permits, certificates of occupancy, tax/utility records and other documentary evidence. Always verify with City records for parcel‑specific determinations.

Do nonconforming conditions stop me from getting permits other than ADUs?

Not automatically — the City will evaluate each permit application against the applicable chapters. Discretionary projects may require use permits or variances (see Chapter 17.28 for hearings and findings). ADUs are an explicit exception for requiring correction of zoning nonconformities, but other project types may trigger corrective conditions if there are health/safety code violations or if a discretionary approval requires mitigation.

Where are the residential permitted uses and minimum sizes listed in Tehama?

The residential permitted uses and certain dimensional minimums (e.g., 20 ft minimum width; 800 sq ft minimum floor area for a single‑family building) are in § 17.12.030(A) of the code.

What happens if a wind or solar installation is unused for a long time?

Certain chapters treat abandonment explicitly: for example, wind and solar energy chapters declare systems not in use for six continuous months as abandoned and unlawful, with no amortization period; see Chapters 17.83 and 17.84.

Do I need to correct building‑code defects before the City will accept an ADU application?

Tehama follows state ADU policy: the City cannot condition ADU approval on correcting nonconforming zoning conditions; however, the City can enforce building code and may require corrections when a health or safety hazard is present. See § 17.60.030(D) and § 17.60.080(G) and consult the local building official.

Where do I file the application to legalize or alter a nonconforming use?

Use‑permit and variance applications are handled per Chapter 17.28 — file a complete application with plans and the required fee per § 17.28.020; discretionary approvals will follow the public hearing and findings procedure in § 17.28.030–040.

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