Local zoning · Tulare County

Tulare County — Nonconforming Uses

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

Last reviewed: July 3, 2026

Overview

This page explains how the Tulare County Ordinance treats nonconforming uses, nonconforming structures, and nonconforming lots that exist in the unincorporated areas of Tulare County. It summarizes the county code rules that let older uses or buildings continue, what repairs or changes are allowed, where permits/variances are required, and which specific ordinance chapters control those rules. All requirements below apply only to unincorporated areas of Tulare County and are grounded in the Tulare County Ordinance excerpts retrieved from the County code documents (citations after each rule).


How Tulare County treats nonconformity (key rules)

  • The county expressly recognizes that a structure, tree, use or installation that did not conform when a specific Chapter or map was applied may continue as a nonconforming use; the ordinance limits the County’s power to force removal except where the code provides otherwise (see § 7-13-1030).
  • For airport-related zones, portions of existing structures below the height limit may be repaired or added to; portions above the limit may be repaired and receive minor replacements, but any alteration that would increase the nonconformance (for example increase the height over the limit) requires a permit from the Planning Commission and cannot permit creation of an airport hazard (see § 7-13-1035 and permit/variance rules § 7-13-1040 / § 7-13-1050).
  • For properties within the County’s Specific Plan / reserved areas, buildings/utilities/installations that existed on the date of adoption may be maintained with reasonable maintenance but generally “may not be enlarged or replaced” except where the code’s variance procedure authorizes relief (see § 7-19-1350 and § 7-19-1355).
  • The County’s zoning framework is implemented via Ordinance No. 352 (the Zoning Ordinance); the code delegates a set of named zones and a Supplemental Zoning Map. The ordinance instructs that all zone regulations in Ordinance No. 352 apply to land within those zones; if a nonconforming use exists on a lot, the code states that no “other use of a more restricted classification shall be permitted” while the nonconforming use remains (see § 7-11-1010 and the nonconforming-use limitation).

Note: when numeric dimensional standards or full zone tables are required for a parcel (setbacks, lot coverage, height limits by zone), those are located in the Zoning Ordinance (Ordinance No. 352) and the Supplemental Zoning Map — the specific zone tables and numeric values were not present in the retrieved excerpts. Verify with the County for parcel-level standards. Not found in retrieved materials.


District-by-district breakdown (what the retrieved materials actually establish)

Below are the specific “districts” / mapped areas for which the retrieved ordinance text includes explicit nonconforming rules. Where numeric standards or full permitted-use lists were not present in the retrieved materials, the entry says so and points you to the controlling section to verify.

Porterville Municipal Airport (Airport Zoning — Part 1)

  • Purpose: protect airport operations and air navigation safety by setting height/land‑use limitations around the airport. Airport approach zones and height limits are established by the airport zoning map. § 7-13-1000 / § 7-13-1020 describe purpose and mapping.
  • Typical effect on nonconformity: a structure or tree that was nonconforming when the airport Chapter first applied may remain; repair is allowed but enlargements that increase the hazard or height above the applicable limit are restricted. See § 7-13-1030 and permit requirements § 7-13-1035.
  • Key dimensional standards: height limits and zone geometry are set on the Airport Zoning Map (Part 1) and by formulas in § 7-13-1015; the retrieved excerpts reference these but the numeric values for Porterville are on the map (Not found in retrieved materials).

Tulare Airpark (Airport Zoning — Part 2)

  • Purpose: same airport-safety objectives as above for Tulare Airpark area; mapped in Part 2 on the Airport Zoning Map. § 7-13-1020.
  • Nonconforming rules: same structure — existing nonconforming uses may continue; increasing height or creating new hazards is not permitted; alterations to the nonconforming portion above the height limit require Planning Commission permit. § 7-13-1030 and § 7-13-1035.
  • Dimensional values: set on the Airport Zoning Map / § 7-13-1015 (map/part-specific values were not in the retrieved file). Not found in retrieved materials.

Visalia Municipal Airport (Airport Zoning — Part 3)

  • Purpose & nonconforming treatment: identical approach as other airport parts — continuity allowed with repair restrictions and permitting for alterations that worsen the nonconformance or hazard. See § 7-13-1000, § 7-13-1020, § 7-13-1030, § 7-13-1035.
  • Dimensional values: on Airport Zoning Map Part 3 — Not found in retrieved materials.

Woodlake Municipal Airport (Airport Zoning — Part 4)

  • Purpose & nonconforming treatment: same as other County airport parts; nonconforming uses may continue but may not be made more hazardous; alterations above limits require Planning Commission permit. § 7-13-1030 / § 7-13-1035.
  • Dimensional values: see airport map / § 7-13-1015 (Not found in retrieved materials).

Specific Plan / Reserved Highway & Street Areas (Chapter 19 reserved areas)

  • Purpose: Chapter 19 implements the Specific Plan of Streets and Highways and sets building-line setbacks and reserved corridors. § 7-19-1325 and following sections set the framework.
  • Nonconforming rule: buildings, utilities or installations that existed on the date the reserved area was adopted may continue with reasonable maintenance but may not be enlarged or replaced except as provided via the variance procedure in § 7-19-1355. See § 7-19-1350.
  • Typical permitted uses: maintenance and routine repairs; enlargement/replacement generally prohibited without a variance. Numeric building-line setbacks and exceptions are in the same Article but parcel-specific values or map details are not in the retrieved snippets — verify with County records.

Supplemental Zoning Map / Ordinance No. 352 Zones (General county zoning)

  • Purpose: Ordinance No. 352 (the County Zoning Ordinance) establishes the named zones and the Supplemental Zoning Map that applies Ordinance No. 352 standards to unincorporated parcels (§ 7-11-1010).
  • Nonconforming guidance: the code treats nonconforming uses as continuing but limits actions that would create new nonconformity; it also contains an express rule that while a nonconforming use exists on any lot, a use of a more restricted classification cannot be established on that lot (see the quoted limitation in the Ordinance excerpts).
  • Key dimensional standards / permitted uses by zone: Not found in retrieved materials — Ordinance No. 352 zone tables and the Supplemental Zoning Map are the authoritative sources. Verify specific zone labels (for example A‑1, R‑1, C‑1, etc.) and numeric setbacks/lot coverage in Ordinance No. 352 and the Supplemental Zoning Map at the Planning & Development counter or the County code website.

Quick decision-relevant standards (table)

Topic What the county requires / allows (short) Code reference
Airport nonconforming uses continue; cannot be made more hazardous; permit required to alter portions exceeding height limits Continue with maintenance; alterations that increase height or hazard require a Planning Commission permit; portions below limits may be repaired and added to § 7-13-1030, § 7-13-1035, § 7-13-1050
Reserved highway/specific‑plan areas — nonconforming installations Existing buildings/utilities present when the reserved area adopted may continue with maintenance but may not be enlarged or replaced without variance § 7-19-1350, § 7-19-1355
County zoning framework (Ordinance No. 352) Zones and numeric standards are set in Ordinance No. 352 and the Supplemental Zoning Map; general rule that no more‑restricted use may be introduced while a nonconforming use exists § 7-11-1010 and related provisions; nonconforming-lot/use limitation
Variance / permit process for changing nonconforming uses Planning Commission (and sometimes Board of Supervisors) hearings and notices; variance authority described in airport chapter and chapter 19 variance sections § 7-13-1040, § 7-13-1050, § 7-19-1355

How nonconforming issues intersect with other local rules (practical notes)

  • If your work involves site layout or required dimensional changes, check the County’s Tulare County Development Standards first because many permit decisions reference those standards.
  • If your project affects on‑site parking or creates demand for more spaces, consult the County Tulare County Parking rules; some nonconforming conditions interact with parking requirements for additions or new units.
  • For design or façade changes that might trigger discretionary review, see the County’s Tulare County Design Review procedures.
  • For changes inside or near mapped overlays, confirm overlay restrictions on the Tulare County Overlay Districts page — overlays can change what is permitted or what variance findings are required.
  • State ADU rules limit local power to deny ADU permits because of nonconforming zoning conditions — see the California ADU law guidance and the County’s ADU interpretation (state summary in the supplied ADU handbook). Review California ADU law and the ADU notes in the County files when an ADU is proposed on a nonconforming parcel.
  • Building‑code level structural or life‑safety corrections are governed by the California Building Standards Code; the County enforces building-code requirements separately from zoning nonconformance rules. (If a nonconforming structure also violates Title 24 requirements, the County may require correction—see building permit rules in the County code.)

(Each of the above links is the first natural mention of the topic and points to the County menu pages referenced by this guidance.)


Checklist (what an applicant must satisfy if they have a nonconforming structure/use in unincorporated Tulare County)

  • Confirm whether the property sits in an airport zone part (Porterville / Tulare Airpark / Visalia / Woodlake) by reviewing the County Airport Zoning Map; if so, identify the applicable height limits (map/§ 7-13-1015) and read § 7-13-1030 and § 7-13-1035.
  • If proposing structural alteration that affects or increases a nonconforming portion above an airport height limit, prepare a permit application to the Planning Commission per § 7-13-1035 and expect a public notice/hearing process per § 7-13-1050.
  • If the property lies inside a Specific Plan / reserved highway area and you propose replacement/enlargement, prepare a variance application and follow the variance notice/hearing steps in § 7-19-1355.
  • Determine the parcel’s base zone under Ordinance No. 352 (via the Supplemental Zoning Map) and check the zone’s numeric standards in Ordinance No. 352 (setbacks, lot coverage, height). If the zone standard would be violated by your work, prepare for variance or permit review as required by § 7-11-1010 and related Chapters.
  • Gather proof of the pre-existing condition (historic photos, building permits, dated utility records) to document the legal nonconforming status. (Not explicitly listed in the retrieved snippets — verify with the County.) Not found in retrieved materials.
  • If the project includes an ADU, review state ADU rules (local limitations on conditioning ADU approvals for nonconforming zoning conditions) and supply any documentation requested by County staff.

Risks & Ambiguities

Issue Why it matters What to verify
Missing zone‑by‑zone numeric standards in retrieved excerpts You cannot confirm setbacks, lot coverage, height limits for A‑1 / R‑1 / C‑1 etc from the retrieved materials Obtain the full text of Ordinance No. 352 zone tables and the Supplemental Zoning Map from Planning & Development. Not found in retrieved materials.
Airport map numeric values not present Airport Chapter references zone parts and formulas, but the map/part-specific height numbers were not included in the snippets Confirm the Airport Zoning Map Part 1–4 and the numeric heights in § 7-13-1015 at the County office / code web pages.
Whether “reasonable maintenance” qualifies for a specific repair The code allows “reasonable maintenance” but does not define it in the retrieved text Ask County staff for examples/precedent and whether your proposed work is routine repair vs. enlargement (verify with Planning).
Interaction with State ADU law State law restricts denying ADUs due to nonconforming zoning conditions — County practice must follow state law, but local application can vary Provide the ADU plan and ask County whether the nonconforming condition would “create a threat to public health or safety” per state rules; see the ADU guidance in the supplied ADU handbook.
Parcel‑specific interpretation / map boundary uncertainty Zone boundaries on the Supplemental Zoning Map can be unclear at lot lines Request a zoning verification letter from the County or check the official Supplemental Zoning Map; follow boundary rules in § 7-11-1025.

Plain‑English summary

Tulare County allows older, legally established uses and buildings in the unincorporated area to continue as nonconforming, but generally forbids enlarging or worsening the nonconformance without a permit or variance — airport zones and the County’s reserved‑highway areas have specific limitations and permitting steps; verify numeric zone standards and maps with Planning. See § 7-13-1030, § 7-13-1035, and § 7-19-1350 for the controlling text.


Source References

  • Tulare County Code, Chapter 13, Airport Zoning Regulations — § 7-13-1000, § 7-13-1010, § 7-13-1015, § 7-13-1020, § 7-13-1025, § 7-13-1030, § 7-13-1035, § 7-13-1040, § 7-13-1050.
  • Tulare County Code, Chapter 19 (Regulations Concerning Streets and Highways) — § 7-19-1325, § 7-19-1345, § 7-19-1350, § 7-19-1355, § 7-19-1360.
  • Tulare County Code, Chapter 11 (Zoning Classifications & Supplemental Zoning Map) — § 7-11-1010, § 7-11-1025 (boundary rules).
  • Tulare County Code excerpts referencing nonconforming-use rules and related enforcement/limitations.
  • ADU / State-level guidance in the supplied 2025 ADU handbook (summarizing state ADU restrictions on conditioning approvals because of nonconforming zoning conditions).
  • California Building Standards Code (Title 24) referenced in County code for building permit enforcement (for building‑code interactions).

Sources

Retrieved passages

  • Tulare County Zoning Code (§ 7-13-1025.) High relevance
  • Tulare County Zoning Code (§ 7-19-1350) High relevance
  • Tulare County Zoning Code (Chapter was) Medium relevance
  • Tulare County Zoning Code (§ 7-13-1020.) Medium relevance
  • Tulare County Zoning Code (§ 7-19-1335.) Medium relevance
  • CBC § 66314 (§ 66314) Medium relevance
  • Tulare County Zoning Code (§ 7-13-1050.) Medium relevance
  • Tulare County Zoning Code (§ 66314) Medium relevance
  • CBC § 202 (section 202) Medium relevance
  • Tulare County Zoning Code (§ 7-09-1090.) Medium relevance
  • Tulare County Zoning Code (§ 7-11-1040.) Medium relevance
  • Tulare County Zoning Code (§ 66333) Medium relevance
  • Tulare County Zoning Code (§ 7-27-1275.) Medium relevance
  • CBC § 66321 (§ 66321) Medium relevance
  • Tulare County Zoning Code (section 7-19-1010) Medium relevance
  • Tulare County Zoning Code (section 7-25-1110) Medium relevance
  • Tulare County Zoning Code (§ 7-25-1115) Medium relevance

Cited sections

  • Tulare County Code, Chapter 13, Airport Zoning Regulations — **§ 7-13-1000**, **§ 7-13-1010**, **§ 7-13-1015**, **§ 7-13-1020**, **§ 7-13-1025**, **§ 7-13-1030**, **§ 7-13-1035**, **§ 7-13-1040**, **§ 7-13-1050**. (Chapter 13)
  • Tulare County Code, Chapter 19 (Regulations Concerning Streets and Highways) — **§ 7-19-1325**, **§ 7-19-1345**, **§ 7-19-1350**, **§ 7-19-1355**, **§ 7-19-1360**. (Chapter 19)
  • Tulare County Code, Chapter 11 (Zoning Classifications & Supplemental Zoning Map) — **§ 7-11-1010**, **§ 7-11-1025** (boundary rules). (Chapter 11)
  • Tulare County Code excerpts referencing nonconforming-use rules and related enforcement/limitations.
  • ADU / State-level guidance in the supplied 2025 ADU handbook (summarizing state ADU restrictions on conditioning approvals because of nonconforming zoning conditions).
  • California Building Standards Code (Title 24) referenced in County code for building permit enforcement (for building‑code interactions). (Title 24)
  • TulareCounty_ZoningCode.md
  • 2025 California ADU handbook.md
  • 2025 California Building Code.md

Frequently asked questions

Can I expand a nonconforming building in unincorporated Tulare County?

Not automatically. The County’s airport zone rules and the Specific Plan reserved‑area rules limit enlargements. Airport nonconforming portions above the limit may be repaired but any structural change that increases height or hazard needs a Planning Commission permit (see § 7-13-1035) and the general permit/variance procedures (§ 7-13-1050). For reserved highway areas, nonconforming buildings “may not be enlarged or replaced” except by variance (§ 7-19-1350, § 7-19-1355).

Does Tulare County let me keep an unpermitted structure if it predates a zoning change?

The retrieved excerpts recognize nonconforming uses present when an ordinance or map took effect may continue with maintenance (airport chapter and reserved areas language), but the County’s building‑permit and enforcement rules also apply. Exact handling of unpermitted structures and whether they must be brought up to code is not fully in the retrieved snippets — verify with the County’s Planning & Development Division. See § 7-13-1030 and § 7-19-1350.

If my lot has a nonconforming use, can I change to a different, more restricted use on that lot?

The ordinance text in the retrieved materials states that “while a non conforming use exists on any lot, no other use of a more restricted classification shall be permitted.” That rule is part of the general zoning framework (Ordinance No. 352 as adopted in the Code) — see the related provision in the zoning articles. Verify specifics and how the County applies this to your parcel.

Does Tulare County require a variance to alter a nonconforming structure?

It depends on the alteration and the Chapter that governs the location. For airport‑zone alterations that would enlarge an area exceeding an airport height limit, a permit from the Planning Commission is required (§ 7-13-1035) and the variance authority exists under § 7-13-1040 / § 7-13-1050. For reserved street/highway areas, replacement or enlargement generally requires following the Chapter 19 variance procedure (§ 7-19-1355).

Can a nonconforming zoning condition block an ADU in the unincorporated county?

State ADU law limits local agencies’ ability to deny ADUs because of nonconforming zoning conditions; the supplied ADU guidance notes this constraint. Consult County staff, but be aware state ADU provisions may prevent the County from conditioning ADU approval solely on ordinary nonconforming zoning conditions (see the ADU handbook summary and state citations in that document).

Where do I find the numeric setbacks, lot coverage and height limits that affect nonconforming determinations?

Ordinance No. 352 (the County Zoning Ordinance) and the County’s Supplemental Zoning Map contain zone‑by‑zone numeric standards. These were referenced in the retrieved code but the full zone tables and map parts were not in the excerpts; request the complete Ordinance No. 352 materials or a zoning verification letter from the County. See § 7-11-1010.

Does Tulare County let me repair a nonconforming portion that violates height limits in an airport zone?

Yes — repairs and minor replacements are allowed for portions above the applicable airport height limit, but you cannot increase the height or enlarge the nonconforming portion without the Planning Commission permit required by § 7-13-1035; any permit must not allow creation or enlargement of an airport hazard.

What hearing/notice process should I expect if I apply to alter a nonconforming airport structure?

Permits and variances in the airport chapter require at least one public hearing; notices must be published and mailed to nearby property owners and affected airport management in advance per the procedures in § 7-13-1050.

If my property is bisected by a zone boundary, how does that affect nonconforming rules?

The County’s Supplemental Zoning Map boundary rules explain how to interpret lot‑dividing zone boundaries (§ 7-11-1025). For parcel‑specific interpretation and whether nonconformity applies on the parcel, obtain an official zoning determination from Planning.

More in Tulare County code

Ask about any Tulare County property

Get a cited, plain-English answer on Tulare County zoning, setbacks, FAR, ADUs and permits — for any address.

Start Free Trial

More Tulare County zoning topics