Local zoning · Tulare

Tulare — Nonconforming Uses

Q: If a non‑conforming building is badly damaged by fire, can I rebuild it the same way?

It depends on the damage. If damage is 50% or less of floor area or replacement value (as determined by the Building Official), you may restore and resume the non‑conforming use provided restoration is started within 6 months and completed within 18 months ; if the damage exceeds 50% , the rebuilt structure must conform to current zoning standards ( § 10.90.030(D)–(E) ; § 10.90.040(C)–(D) ) .

Q: Can I subdivide or adjust lot lines on a non‑conforming lot in Tulare?

A non‑conforming lot may not be subdivided nor have lot lines adjusted unless the subdivision/adjustment brings the lot into conformance or reduces the difference between actual conditions and required standards and does not create a new non‑conforming use or structure ( § 10.90.050(B) ) .

Q: Does a change of ownership or tenancy remove non‑conforming status?

No — a change of ownership, tenancy, or management does not affect legal non‑conforming status. Maintenance and repair are permitted unless otherwise restricted by the chapter ( § 10.90.030(A) and § 10.90.040(A) ) .

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

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Last reviewed: July 2, 2026

Overview

This page summarizes what the City of Tulare zoning ordinance requires for non-conforming uses, non-conforming structures, and non-conforming lots. It interprets the ordinance that the City adopted (Title 10 zoning code) and points you to the exact controlling sections you will need for applications or enforcement conversations with city staff. See the local rules for how repairs, damage, abandonment, and lot-line adjustments are handled; also see how specific zone standards (setbacks, heights, coverage, parking) interact with nonconforming status. For development standards and setbacks see Tulare Development Standards; for parking impacts see Tulare Parking; for design questions see Tulare Design Review; for overlays see Tulare Overlay Districts; for ADU interactions see Tulare ADUs; and for building-safety compliance see California Building Standards Code / Title 24.

Key city rules (plain statement + code)

A non‑conforming use/structure/lot is one that was lawfully established before the current zoning rules but now fails to meet them — the rules that govern them are in Chapter 10.90: Non‑Conforming Uses, Structures, and Lots. The chapter’s overall purpose is to permit lawful pre‑existing conditions to continue while preventing expansion and setting clear rules for repair, restoration after damage, abandonment, and removal (see § 10.90.010 and § 10.90.020) .
Change of ownership or management does not end non‑conforming status; ordinary maintenance and repair are allowed (see § 10.90.030(A) and § 10.90.040(A)) .
A non‑conforming use that is abandoned, discontinued, or changed to a conforming use for a continuous period of six months loses its non‑conforming status and must conform to current rules (§ 10.90.030(C)) .
Damage / restoration rule: if a structure containing a non‑conforming use is damaged up to 50% or less of floor area or replacement value (building official determination), restoration and resumption are allowed if started within 6 months and completed within 18 months; damage over 50% requires the rebuilt structure to conform to current standards (§ 10.90.030(D)–(E) and § 10.90.040(C)–(D)) .
Non‑conforming lots (legally created prior to the zoning change) may continue to be used for zone‑allowed uses and a conforming structure may be built on them; however they may not be subdivided or lot‑line adjusted unless the adjustment brings the lot into conformance or reduces the nonconformity without creating a new nonconforming use/structure (§ 10.90.050(A)–(D)) .
The City can require removal of minor non‑conforming items: e.g., non‑conforming uses not in structures or structures with very low assessed value must be removed (see § 10.90.060(B)–(C)) .
Eminent domain: loss of lot area triggers the non‑conforming lots/structures rules but does not make an existing use non‑conforming solely because of the land‑take; if easement removal cuts a required yard the affected building may be deemed non‑conforming but may be structurally altered consistent with the other district rules (§ 10.90.070(A)–(C)) .
Exceptions: certain public‑utility facilities (substations, transmission lines, gas regulator stations, pumping stations, communications buildings) are protected from being forced to terminate or be removed because of these standards, so long as there is no change of use or enlargement (§ 10.90.080) .

District‑by‑district guidance (purpose, common permitted uses, key dimensional standards, where it applies)

Note: each district below quotes the ordinance chapter that sets its purpose and key development standards. For permitted uses consult the land‑use tables in § 10.08.020 – § 10.08.040 (Residential, Commercial, Industrial tables) and the specific district chapters referenced.

R‑1 (Low Density Residential — includes R‑1‑4 and R‑1‑6)

Purpose: provide mostly single‑family neighborhoods at roughly 3.1–7 du/acre; R‑1 subdivided into R‑1‑4 and R‑1‑6 for lot sizes and form (§ 10.14.010) .
Typical permitted uses: single‑family detached (P), accessory uses (ADUs subject to §10.60.030), home occupations (see Chapter 10.78) — see the residential land‑use table § 10.08.020 for the full list .
Key dimensional standards (selected): minimum lot area 4,000 sf for R‑1‑4 and 6,000 sf for R‑1‑6 (§ 10.14.030); front building setback 15 ft to living space (reducible under narrow subdistrict rules; see § 10.14.070); maximum height 35 ft (up to 45 ft by CUP) (§ 10.14.090); one dwelling unit per lot unless ADU approved (§ 10.14.030–050, § 10.14.070–090) .
Where it applies: all land designated Low Density Residential (R‑1) on the Official Zoning Map; small‑lot PUD options are permitted only on R‑1‑4 (§ 10.14.010, §10.40.060) .

R‑M (Medium Density Residential) and R‑H (High Density — R‑H‑14, R‑H‑20)

Purpose: multi‑family and higher density housing corridors; development standards tuned to density and open space (§ 10.16 / § 10.18) .
Typical permitted uses: duplex/triplex, multifamily, supportive housing permitted in many subdistricts; ADUs allowed in accordance with § 10.60.030 and state ADU law .
Key standards: minimum lot area, frontage, setbacks, maximum height and open‑space rules vary by R‑M and R‑H subdistrict — see § 10.18.030–040 for R‑H minima and § 10.18 design/open‑space rules; R‑H max heights and yard rules are specified in those sections .

C‑1 / C‑2 / C‑3 / C‑4 (Commercial categories; Retail/Office/Service/Service‑Commercial)

Purpose: vary by chapter — e.g., C‑1 local retail and neighborhood services, C‑2 office and professional uses, C‑3 retail commercial (wider retail mix), C‑4 service/wholesale and heavier commercial uses — see § 10.20.010, § 10.22.010, § 10.24.010, and § 10.26.010 respectively for full purpose statements .
Typical permitted uses: retail, restaurants (drive‑thru rules in § 10.60.090), offices, mixed‑use where allowed; residential uses are subject to residential zone standards when included in mixed projects (see § 10.24.020(B)) .
Key dimensional standards (examples): commercial front setbacks often 10 ft minimum (in some cases 20 ft where arterial or abutting residential) (§ 10.20.060, § 10.24.060); C‑3 max height 30 ft typically (up to 60 ft with CUP per § 10.24.080); C‑4 allows larger footprints and heights (see § 10.26.050–060 for site area, coverage, and setbacks) .

M‑1 / M‑2 (Industrial / Manufacturing)

Purpose: provide for light and heavy industrial activities in appropriate locations; protect residential areas from incompatible industrial impacts (CHAPTER 10.28 and CHAPTER 10.30) .
Typical permitted uses: manufacturing, warehousing, research & development, limited outdoor storage subject to screening; heavy industrial uses in appropriate subzones (see land‑use tables) .
Key standards: setbacks, large allowed coverage, heights up to 75 ft in many industrial allowances (see § 10.28.060–080 and § 10.30.060–080) .

A (Agriculture / Open Space)

Purpose: preserve agricultural/open‑space lands and prevent premature urban intrusion (§ 10.36.010) .
Typical permitted uses: agricultural production, accessory agricultural structures, limited support uses (use table § 10.08.020–040) .
Key standards: minimum lot area 10 acres (§ 10.36.030); front setback 35 ft, side/rear 15 ft, height 35 ft (up to 75 ft with CUP) — see § 10.36.030–080 for details; accessory agricultural structures have special setbacks and max height 80 ft in some cases (§ 10.36.120) .

PL (Public Lands)

Purpose: accommodate public and quasi‑public institutional uses (schools, parks, airport, utilities) (§ 10.32.010) .
Standards: smaller site minima for public uses (§ 10.32.030), typical front setback 10 ft in residential neighborhoods, max height 35 ft (up to 100 ft by CUP) (§ 10.32.060–080) .

MU Overlay (Mixed‑Use Overlay)

Purpose: enable integrated commercial/residential development and apply additional standards over base zones (can be combined with R‑H, C‑2, C‑3, or C‑4) (§ 10.46.010–020) .
How overlays affect non‑conforming issues: overlay requirements are applied with the base zone; conflicts are resolved by the more restrictive standard as set elsewhere in the title (see conflict rules) — verify overlay rules in § 10.46 and the conflict rule in § 10.02.110 .

Quick reference table — most decision‑relevant standards (selected districts)

District	Typical front setback	Typical max height	Minimum lot area (where specified)	Code reference
R‑1 (R‑1‑4 / R‑1‑6)	15 ft (may be reduced per subdistrict rules)	35 ft (up to 45 ft w/ CUP)	4,000 sf (R‑1‑4) / 6,000 sf (R‑1‑6)	§ 10.14.030–040, § 10.14.070–090
R‑H (High density)	10 ft typical (see R‑H text)	30 ft–variable; consult § 10.18	6,000 sf minimum (see § 10.18.030)	§ 10.18.030–040
C‑3 (Retail Commercial)	10 ft (20 ft where arterial/adjacent residential)	30 ft (up to 60 ft w/ CUP)	none (site min specified)	§ 10.24.060–080
A (Agriculture)	35 ft	35 ft (up to 75 ft w/ CUP)	10 acres	§ 10.36.030–080, § 10.36.120
PL (Public Lands)	10 ft (in residential neighborhoods)	35 ft (up to 100 ft w/ CUP)	3,000 sf (site area)	§ 10.32.030–080

(Use the full chapter text and the land‑use tables § 10.08.020–040 to check whether a specific activity is permitted in a zone; the table above is a short decision aid, not a complete code substitute.)

Practical guidance & interpretation tips

Repairs and ordinary maintenance: you may repair and maintain a non‑conforming building or use without losing status; do not expand or move the non‑conforming area without eliminating the non‑conformity unless the code allows it (§ 10.90.030(A)–(B) and § 10.90.040(A)–(B)) .
Damage cases are binary around the 50% threshold. Get a building official determination early: document pre‑damage condition and replacement value; if the damage is ≤50% you have limited time windows to start and finish restoration (§ 10.90.030(D)–(E), § 10.90.040(C)–(D)) .
Abandonment is strict: six continuous months of discontinuance converts the use to conforming‑only status. If you plan temporary closure longer than six months, coordinate with Planning to preserve legal status or to obtain a permit for a conforming replacement use (§ 10.90.030(C)) .
Non‑conforming lots can still be built upon with conforming structures — but you cannot subdivide or adjust lines to make the situation worse. Check § 10.90.050 before proposing lot‑line work; lot‑line adjustments must improve conformance or not create new non‑conformity (§ 10.90.050(B)) .
Sexually oriented businesses have separate non‑conforming/amortization rules and shorter abandonment triggers in their chapter (see § 10.62.060): special amortization timelines and 30‑day discontinuance rules apply there .
Overlays and special chapters (e.g., wireless facilities) sometimes explicitly say an action does or does not expand a non‑conforming use — confirm in the specific chapter (example: towers/antennas do not expand a non‑conforming use when installed per the wireless chapter, § 10.68.050) .

Checklist (what an applicant must satisfy before the City will accept work or a permit affecting a non‑conforming item)

Confirm the item was lawfully established before the effective date of the current title (document with historic permits, property tax assessment, or other evidence) — see § 10.90.020 .
If damaged, obtain an early Building Official determination of percent damage/value to know whether restoration is allowed under the 50% rule (§ 10.90.030(D)–(E) and § 10.90.040(C)–(D)) .
If proposing alteration, enlargement, or movement of a non‑conforming structure, confirm the proposed change either eliminates the non‑conformity or is expressly allowed (some residential exceptions require a CUP) (§ 10.90.040(B)–(E)) .
If lot lines or subdivision are part of the proposal, include a statement showing the adjustment will bring the lot into conformance or reduce the non‑conformity and will not create a new non‑conforming use/structure (§ 10.90.050(B)) .
For any proposal that triggers other chapters (landscaping, parking, signage, ADUs, design review), prepare a concurrent compliance plan — e.g., parking must meet Chapter 10.54 unless exempted by eminent domain clause (§ 10.90.070(C)) and by special ADU/state rules — see Tulare Parking and Tulare ADUs and § 10.90.070(C) .
If you believe a narrow exception applies (utilities, WCFs, etc.), include legal justification in the application referencing the exception chapter (§ 10.90.080 and relevant chapter) .

Risks & Ambiguities

Issue	Why it matters	What to verify
Abandonment clock (6 months)	A use left unused for a continuous 6 months becomes required to conform — loss of vested non‑conforming rights can be irreversible (§ 10.90.030(C))	Verify continuous use records, utility receipts, tax filings, or permit extensions; ask City whether brief reactivation can preserve status.
Damage valuation threshold (50%)	Over/under 50% determines whether restoration can proceed as non‑conforming or must be rebuilt to current standards (§ 10.90.030(D)–(E))	Obtain an early written determination from the Building Official on percentage of damage and replacement‑value method.
Lot‑line adjustments	Subdivision or line adjustments that worsen a nonconformity are prohibited; improper adjustment can create new non‑conformity (§ 10.90.050(B))	Have the surveyor and City map reviewer pre‑clear proposed adjustments; provide an analysis showing conformance improvement or neutrality.
Low‑value structure removal	Very small or low‑assessed structures may be required removed within deadlines (assessed value thresholds in § 10.90.060(B–C))	Verify assessed values and date of title adoption; confirm timelines and any possible grace or appeal process.
Special‑use amortizations (adult‑oriented businesses)	Adult uses have separate amortization and 30‑day abandonment rules, plus council‑granted extensions in narrow cases (§ 10.62.060)	If the business falls in this category, check Chapter 10.62 before relying on Chapter 10.90 rules.

Plain‑English summary

If your house, shop, or lot was legal under earlier rules but breaks a current zoning rule, Tulare lets it continue — you can usually maintain and repair it — but you cannot expand it or leave it idle for months without losing that protection. If it's badly damaged, how badly (the 50% rule) decides whether you can rebuild the old way or must meet today’s rules. Check the exact zone chapter for the district standards you must meet if you alter or rebuild. For these rules see § 10.90.010–080 for non‑conforming rules and the applicable zone chapter for yard, height, and lot rules.

Source References

City of Tulare zoning ordinance — Non‑conforming chapter: § 10.90.010 – § 10.90.080 (Chapter 10.90)
Definitions: “Non‑Conforming Lot,” “Non‑Conforming Structure,” “Non‑Conforming Use” (definitions block of the code) — (see definitions in the zoning ordinance) (definitions)
R‑1 (Low Density Residential) standards: § 10.14.010 – § 10.14.100
Agriculture/Open Space (A) standards: § 10.36.010 – § 10.36.170
Retail Commercial (C‑3) standards: § 10.24.010 – § 10.24.100
Public Lands (PL) standards: § 10.32.010 – § 10.32.140
Industrial, office, other zone chapters and land‑use tables: see CHAPTER 10.20 (C‑1), CHAPTER 10.22 (C‑2), CHAPTER 10.26 (C‑4), CHAPTER 10.28 (M‑1), CHAPTER 10.30 (M‑2), and the land‑use tables § 10.08.020 – § 10.08.040 for permitted uses and code references .
Adult‑oriented businesses and amortization: § 10.62.030 – § 10.62.070 (special non‑conforming rules) .
Wireless Communications / effect on non‑conforming uses: § 10.68.050 (towers/antennas not an expansion) .

(If you need the ordinance PDF/URL used by city staff, ask and I’ll fetch the specific code link or help you prepare the records you’ll take to the Community Development Department for a formal determination. Verify parcel‑specific outcomes with the Director or the Building Official before committing to demolition or reconstruction.)

Sources

Retrieved passages

Tulare Zoning Code (chapter applies) High relevance
Tulare Zoning Code (§ 10.89.120) High relevance
Tulare Zoning Code (title shall) High relevance
Tulare Zoning Code (§ 10.90.050) High relevance
Tulare Zoning Code (§ 10.62.030) High relevance
Tulare Zoning Code (title governing) High relevance
Tulare Zoning Code (§ 10.89.100) High relevance
Tulare Zoning Code (title but) Medium relevance
CBC § 66314 (§ 66314) Medium relevance
CBC § 10.36.020 (§ 10.36.020) Medium relevance
CBC § 10.28.050 (§ 10.28.050) Medium relevance
CFC § 1.04.130 (§ 1.04.130) Medium relevance
CBC § 10.14.070 (§ 10.14.070) Medium relevance
CBC § 10.24.020 (§ 10.24.020) Medium relevance
Tulare Zoning Code (Chapter 10.54.) Medium relevance
CBC § 10.32.020 (chapter shall) Medium relevance
Tulare Zoning Code (Chapter 10.78) Medium relevance
CBC § 10.34.020 (§ 10.34.020) Medium relevance
Tulare Zoning Code (chapter shall) Medium relevance
Tulare Zoning Code Medium relevance
Tulare Zoning Code (chapter which) Medium relevance
Tulare Zoning Code (§ 10.76.070) Medium relevance
Tulare Zoning Code (chapter may) Medium relevance
Tulare Zoning Code (CHAPTER 10.02) Medium relevance
Tulare Zoning Code (§ 10.62.050) High relevance
Tulare Zoning Code (title but) Medium relevance

Cited sections

Official Tulare code library

Frequently asked questions

How long before a non‑conforming use in Tulare is lost if I stop operating?

If a non‑conforming use is abandoned, discontinued, or changed to a conforming use for a continuous period of six months, it loses its legal non‑conforming status and must conform to the zoning regulations (§ 10.90.030(C)) .

If a non‑conforming building is badly damaged by fire, can I rebuild it the same way?

It depends on the damage. If damage is 50% or less of floor area or replacement value (as determined by the Building Official), you may restore and resume the non‑conforming use provided restoration is started within 6 months and completed within 18 months; if the damage exceeds 50%, the rebuilt structure must conform to current zoning standards (§ 10.90.030(D)–(E); § 10.90.040(C)–(D)) .

Can I subdivide or adjust lot lines on a non‑conforming lot in Tulare?

A non‑conforming lot may not be subdivided nor have lot lines adjusted unless the subdivision/adjustment brings the lot into conformance or reduces the difference between actual conditions and required standards and does not create a new non‑conforming use or structure (§ 10.90.050(B)) .

Does a change of ownership or tenancy remove non‑conforming status?

No — a change of ownership, tenancy, or management does not affect legal non‑conforming status. Maintenance and repair are permitted unless otherwise restricted by the chapter (§ 10.90.030(A) and § 10.90.040(A)) .

If eminent domain reduces my lot area or removes a required yard, how does that affect non‑conforming status?

If the lot area is reduced by eminent domain, the non‑conforming lots/structures provisions apply but non‑conforming use provisions do not; if a required yard/setback is reduced or eliminated by eminent domain, the affected building may be deemed non‑conforming but may be structurally altered as long as the alterations comply with other district requirements. If required parking is reduced by eminent domain that alone does not make the use non‑conforming (§ 10.90.070(A)–(C)) .

Are there special rules for sexually oriented businesses that are non‑conforming?

Yes. Adult‑oriented businesses that are non‑conforming under Chapter 10.62 have an amortization period and special abandonment and extension rules: generally a two‑year amortization (with limited council extensions in hardship cases), and a 30‑day discontinuance may result in loss of non‑conforming rights for these businesses (§ 10.62.060). This chapter is separate from Chapter 10.90 and has specific triggers and penalties .

Can I apply for an ADU on a lot with non‑conforming zoning conditions?

State ADU law limits a local agency’s ability to deny ADU applications because of non‑conforming zoning conditions in many situations. Tulare’s ordinance references ADUs in the land‑use tables and the ADU chapter; check Tulare ADUs and state ADU law. For non‑conforming zoning conditions that do not present a health/safety threat, you generally cannot be denied solely on that basis (see ADU guidance and § 10.60.030 and state ADU rules) .

Can I expand a non‑conforming residential use in a commercial or industrial zone?

Yes, but only with a Conditional Use Permit — the ordinance allows a non‑conforming residential use located in a commercial or industrial zone to be altered or enlarged if a CUP is secured (§ 10.90.030(G)) .

If I add a wireless antenna per the wireless chapter, does that expand a non‑conforming use?

Towers and antennas built in accordance with the wireless communications chapter will not be deemed to expand a non‑conforming use or structure — check § 10.68.050 and the wireless chapter for co‑location and design standards .

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