Wasco — Nonconforming Uses

Last reviewed: July 6, 2026

Overview

Wasco’s zoning ordinance allows certain legally established uses, structures, and lots that no longer meet today’s standards to continue—but tightly limits expansion, intensification, and re-establishment after abandonment. The core rules live in Title 17, Chapter 17.60, and they apply across all mapped zoning districts in the city. Where a project changes to a conforming use or proposes construction, other parts of the code—like Wasco Zoning, Wasco Development Standards, Wasco Parking, and Wasco Design Review—can be triggered alongside the nonconforming provisions.

Plain-English: If your use or building was legal when it started but doesn’t meet today’s rules, you can generally keep it as-is; you can’t enlarge it or intensify it, and if you stop the use for a year, you lose its protected status. See § 17.60.010 and § 17.60.030(C).

What the ordinance says (and how to use it)

• Definition and policy baseline

  • The code distinguishes between nonconforming (legal) and nonconforming (illegal). A legal nonconformity became nonconforming only because the ordinance changed; an illegal one never complied and is not protected. See definitions in § 17.90.
  • Nonconforming uses, lots, and signs are declared incompatible with current districts and may not be enlarged, expanded, or extended. See § 17.60.010.

• Structures

  • You may not enlarge a nonconforming structure in any way that increases the degree of nonconformity. See § 17.60.020(A).
  • If involuntarily damaged (e.g., fire, earthquake), a nonconforming permanent structure may be rebuilt up to 100% of its prior floor area/units; work must start within 1 year (2 years for multifamily under Gov. Code 65852.25). See § 17.60.020(B).

• Uses of structures (what’s happening inside the building)

  • A nonconforming use may continue, but you cannot increase the area, space, volume, use, or trips generated. See § 17.60.030(A).
  • Changing to a conforming use is a one-way door—you cannot revert to a nonconforming use later. See § 17.60.030(B).
  • Abandonment for 1 year or more ends the nonconforming rights. See § 17.60.030(C).
  • You may swap to a similar or less intense nonconforming use if no structural alterations are made. See § 17.60.030(D).

• Uses of land (no primary building)

  • A nonconforming use of land cannot be expanded or extended and may only change to a conforming use. See § 17.60.040(A)–(B).
  • Abandonment for 1 year or more ends the right to reestablish. See § 17.60.040(C).
  • Oil, gas, and other hydrocarbon exploration/production are not treated as nonconforming uses of land. See § 17.60.040(D).
  • Agricultural use is not treated as nonconforming if: parcel(s) total at least 20 gross acres, a 150-foot buffer from urban development is provided, and all laws are followed; once a site is developed with non-ag uses, it cannot return to ag (ministerial/discretionary permit approvals alone don’t count as “development” here). See § 17.60.040(E).

• Lots

  • A nonconforming lot that was legally created under the Subdivision Map Act and City Subdivision Ordinance before the current code’s effective date may be used for the uses permitted in its district—so long as all other zoning and General Plan requirements are met. See § 17.60.050.

• Continuation, maintenance, and proof

  • Legal nonconforming uses/structures/lots may continue, and routine maintenance/repair is allowed if it doesn’t increase the nonconformity. See § 17.60.060.
  • The property owner bears the burden to prove legal nonconforming status to the Planning Director’s satisfaction. See § 17.60.070.

• Code-wide compliance pointer

  • Citywide, it’s unlawful to erect, alter, or rebuild in conflict with Title 17, except as allowed by the nonconforming provisions in Chapter 17.60. See § 17.10.040(A).

Nonconformity at a glance (decision table)

District-by-district context for nonconformities

Nonconforming rules in Chapter 17.60 apply across all districts shown on the official zoning map (see § 17.20.010). When a use changes to conforming, consult the applicable use tables in § 17.22 and current standards before assuming what can continue.

• Note: The permit tables below come from § 17.22; they indicate typical uses by district. Dimensional standards and formal “purpose” statements were not found in the retrieved materials—verify with Wasco Zoning and Wasco Land Use.

A-E (Exclusive Agriculture)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Oil and gas exploration/production (P), water wells (P), certain utilities (P). See Table 2-1 under § 17.22.
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: As mapped; see § 17.20.010.

A-L (Limited Agriculture)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Oil and gas exploration/production (P), various public utility and infrastructure uses (P/C). See Table 2-1 under § 17.22.
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: As mapped; see § 17.20.010.

O-S (Open Space)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Water wells (P), certain public facilities (P/C). See Table 2-1 under § 17.22.
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: As mapped; see § 17.20.010.

P-F (Public Facilities)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Public utility buildings/facilities (P), wastewater treatment plant (P), parking lots (P), etc. See Table 2-1 under § 17.22.
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: As mapped; see § 17.20.010.

C-N (Neighborhood Commercial)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: ATMs (P), medical offices (P), certain restaurants (P/C), car wash (C). See § 17.22.070 (Table 2-6).
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: As mapped; see § 17.20.010.

C-O (Office Commercial)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: ATMs (P), offices (P), clinics (P). See § 17.22.070 (Table 2-6).
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: As mapped; see § 17.20.010.

C-D (Downtown Commercial)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Offices (P), medical equipment/supplies (P), restaurants (P), event center/ballroom (P). See § 17.22.070 (Table 2-6).
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: As mapped; see § 17.20.010.

C-R (Retail Commercial)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Auto leasing (P), restaurants (P), community recreation facility (P), golf course/driving range (P). See § 17.22.070 (Table 2-6).
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: As mapped; see § 17.20.010.

C-H (Highway Commercial)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Auto lube (P), tire sales/service (P), some drive-through restaurants (P/C). See § 17.22.070 (Table 2-6).
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: As mapped; see § 17.20.010.

C-S (Service Commercial)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Auto upholstery (P), some retail/service uses (P), gyms/fitness centers (P). See § 17.22.070 (Table 2-6).
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: As mapped; see § 17.20.010.

I-L (Light Industrial)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Certain automotive-related uses (P/C), fast-food restaurants (P) in limited cases, health/fitness centers (C). See § 17.22.070 (Table 2-6).
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: As mapped; see § 17.20.010.

I-H (Heavy Industrial)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Auto dismantling/wrecking (P), race track (C), and heavier industrial uses. See § 17.22.070 (Table 2-6).
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: As mapped; see § 17.20.010.

How this matters for nonconformities in any district:

• You cannot expand a nonconforming site or use to fit more tenants, square footage, or activity than existed when it became nonconforming. See § 17.60.020(A) and § 17.60.030(A).
• If you change to a conforming use listed for the zone in § 17.22, you may not revert to the prior nonconforming use later. See § 17.60.030(B).
• Nonconforming signs are treated as nonconforming structures; any new or changed sign must also meet current Wasco Signage rules. See § 17.60.020(C).
• If your adjustments involve site circulation or layout, ensure current Wasco Parking and Wasco Landscaping and Screening standards are met when applicable.

Checklist

• Assemble proof of legal establishment (permits, business licenses, assessor records, dated photos) and submit to the Planning Director to establish legal nonconforming status under § 17.60.070.
• Confirm no “increase in degree of nonconformity” in any repair or tenant change; quantify floor area, operations, and expected trips per § 17.60.020(A) and § 17.60.030(A).
• Check for any 1-year gaps in operation; avoid abandonment under § 17.60.030(C) and § 17.60.040(C).
• If damaged, scope reconstruction to ≤100% of prior area/units and start within 1 year (2 years for multifamily) per § 17.60.020(B).
• If converting to a conforming use, verify the use table in § 17.22 and any site standards that will newly apply; this may trigger Wasco Design Review.
• For signage changes, treat existing nonconforming signs as structures per § 17.60.020(C) and meet current Wasco Signage rules.
• If seeking relief, explore Wasco Variances and Exceptions and verify with the jurisdiction what, if any, relief is available for nonconformities.

Risks & Ambiguities

Plain-English Summary

Wasco lets you keep a use, building, or lot that was legal when created but is no longer allowed—so long as you don’t enlarge or intensify it, and you don’t let it sit unused for a year. If you convert to a conforming use, you can’t switch back. Rebuilding after damage is possible within strict limits and timelines; proving legal nonconforming status is on you.

Information Gaps

• Formal “purpose” statements and dimensional standards (setbacks, height, lot coverage) for the listed districts: Not found in retrieved materials.
• Complete residential district listings and standards (e.g., R-1, R-2, etc.): Not found in retrieved materials.
• Overlay districts applicable to nonconforming situations and any special rules: Not found in retrieved materials.

Source References

• Wasco Municipal Code Title 17, Nonconforming Uses and Structures: § 17.60.010–§ 17.60.070.
• Definitions of “Nonconforming (legal/illegal)”: § 17.90.
• Code-wide compliance rule acknowledging Chapter 17.60: § 17.10.040(A).
• Establishment of zoning districts/zoning maps: § 17.20.010 (TOC reference).
• Allowable uses and development standards (district use tables): § 17.22 and § 17.22.070 (Table 2-6 – Commercial and Industrial); Table 2-1 – Agriculture, Open Space and Public Facilities.

Retrieved passages

• Wasco Zoning Code (chapter was) High relevance show source text
• Wasco Zoning Code (§ 3) High relevance show source text
• Wasco Zoning Code (Title 17) High relevance show source text
• Wasco Zoning Code (§ 3) High relevance show source text
• Wasco Zoning Code (Title 17) High relevance show source text
• Wasco Zoning Code (§ 3) High relevance show source text
• Wasco Zoning Code (Chapter 17.36.) High relevance show source text
• Wasco Zoning Code (Title 17) High relevance show source text

Cited sections

• Wasco Municipal Code Title 17, Nonconforming Uses and Structures: **§ 17.60.010–§ 17.60.070**. (Title 17)
• Definitions of “Nonconforming (legal/illegal)”: **§ 17.90**. (§ 17.90)
• Code-wide compliance rule acknowledging Chapter 17.60: **§ 17.10.040(A)**. (Chapter 17.60)
• Establishment of zoning districts/zoning maps: **§ 17.20.010** (TOC reference). (§ 17.20.010)
• Allowable uses and development standards (district use tables): **§ 17.22** and **§ 17.22.070** (Table 2-6 – Commercial and Industrial); Table 2-1 – Agriculture, Open Space and Public Facilities. (§ 17.22)
• Wasco_ZoningCode.md