Local zoning · Wheatland

Wheatland — Nonconforming Uses

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

Ask a question free See coverage

Last reviewed: July 3, 2026

Overview

This page summarizes what the City of Wheatland zoning ordinance says about nonconforming uses, nonconforming structures, and reconstruction of pre‑existing buildings that no longer meet current zoning standards. The controlling rules are in Chapter 18.70 (nonconforming uses) and related district chapters; where the code gives district rules those govern how a nonconforming building or use is treated in that zone. See the city Zoning overview for context at Wheatland Zoning & planning overview and the Wheatland Zoning main menu for district lists.

Key ordinance rules (plain-English synthesis)

  • What is a nonconforming use/structure? A use or building that was lawful when established but no longer complies with the current zone rules (or now requires a use permit) is a nonconforming use or nonconforming structure. See § 18.70.020.

  • Enlargement / relocation: A nonconforming use or structure may not be enlarged, extended, or moved to another portion of the lot; the only exception is that a nonconforming structure may be reconstructed in a way that makes it conforming. See § 18.70.030(A).

  • Abandonment / discontinuance: A nonconforming use of a structure (and of land in most cases) cannot be re‑established if it has been discontinued for nine months or more, or if it has been replaced by a conforming use. Intent alone does not preserve status. See § 18.70.030(B)–(C).

  • Damage and reconstruction: If a nonconforming structure is damaged by fire, flood, or act of God to an extent exceeding 50% of fair market value, it may not be reconstructed except in a way that conforms to current district regulations. Exception: residential structures in any zone may be restored even if 100% destroyed, provided the replacement does not exceed the original by more than 5% in square footage or ground coverage. See § 18.70.030(D).

  • Maintenance & repairs allowed: Normal maintenance and repair are explicitly allowed; major structural alterations for public safety require a building permit and a written statement by the building official. See § 18.70.030(E).

  • No expansion of character/scale; no substitute for permits: The mere existence of a nonconforming use on a parcel does not justify a change to the character or scale of that business; and the nonconforming rules cannot be changed by issuing a conditional use permit or a variance. See § 18.70.030(F)–(G).

  • Pre‑code building permits: Structures with building permits issued before adoption of this title may be treated as nonconforming and are subject to the nonconforming rules. See § 18.70.040.

For related procedural rules (design review, site plan amendments, appeals) see Wheatland Design Review and Wheatland Variances and Exceptions; for dimensional standards used to judge conformity see Wheatland Development Standards and Wheatland Parking.

District-by-district breakdown (Wheatland‑specific)

Note: the Wheatland code has many separate zoning chapters. Below are Wheatland districts for which the ordinance text was retrieved and the specific local citations that affect nonconforming situations. Where the ordinance text for a district or a specific paramter was not present in the retrieved materials I note that and advise verification.

C-2 (General Commercial)

  • Purpose: C-2 is the city's general commercial zone for larger commercial uses. See the C-2 district rules in Chapter 18.33.
  • Typical permitted uses: retail, restaurants, some service and commercial uses; residential uses are allowed with the density/setbacks of R-3 where listed. See § 18.33.040 (conditional uses list) and § 18.33.060 (area/lot coverage/yards).
  • Key dimensional standards: height max 48 ft (subject to § 18.60.110); lot coverage and yard table in § 18.33.060 (net lot area min 2,000 sq ft, 100% lot coverage allowed; side/rear yards are None except when abutting a residential district — then side = 15 ft, rear = 20 ft).
  • Where it applies: See the city zoning map (Wheatland Zoning). For nonconforming buildings in C-2, Chapter 18.70 rules apply (no enlargement, discontinuance rules, rebuild rules). See § 18.70.020 and § 18.70.030.

Planned Development (PD)

  • Purpose: PD districts are established by ordinance to allow custom development standards for a specific site; PDs replace or supplement standard zone rules. See § 18.51.050–.060.
  • Typical permitted uses & standards: Uses and dimensional standards are set in the approved PD ordinance and development plan. No use is permitted in a PD except in accordance with the approved development plan; pre‑existing uses remain subject to Chapter 18.70 (nonconforming). See § 18.51.060(C)–(D).
  • Key implication for nonconforming items: If a pre‑existing use in a PD is nonconforming, Chapter 18.70 governs that use; because PD standards govern, rebuilding or changes may also need PD amendment. Verify recorded PD ordinance for parcel‑specific rules. See § 18.51.060(C)–(D) and § 18.70.030.

A (Agriculture Combining District — A‑)

  • Purpose: A‑ is a combining district applied with other zones to allow agricultural uses (animal husbandry, small livestock) in addition to the base zone. See § 18.54.020–.030.
  • Typical permitted uses: standard uses of the underlying zone plus limited agricultural activities; certain farm facilities require a use permit (kennel, slaughter, veterinary hospital). See § 18.54.030–.040.
  • Nonconforming implication: Pre‑existing agricultural uses that are rendered nonconforming by a map/text change are still governed by Chapter 18.70 (discontinuance rules, rebuilding after damage). Verify the underlying base zone's dimensional standards when considering reconstruction. See § 18.70.020–.030 and § 18.54.030.

Emergency Shelter Combining (__‑ES)

  • Purpose: __‑ES is a combining district intended to allow emergency shelters by‑right where combined with R‑3. See § 18.55.010–.020.
  • Nonconforming implication: Use changes to allow emergency shelters are handled by the combining district rules. Pre‑existing nonconforming uses in R zones (or R‑3) still follow Chapter 18.70. Verify whether the ES overlay has been applied to a parcel (see Wheatland Overlay Districts).

R zones (R‑1 / R‑2 / R‑3) — aggregate observations

  • Purpose: single‑family and multifamily residential zones (R‑1, R‑2, R‑3). The ordinance refers to R zones and to R‑3 specifically (e.g., combining districts like __‑ES intended to combine with R‑3). See multiple references to “R zones” and accessory building limits in § 18.60.110.
  • Typical permitted uses & dimensional notes: The code sets smaller accessory building height limits for R zones (accessory buildings in R zones not to exceed 15 ft), and other R‑zone standards are in the individual R‑zone chapters (not all extracted here). See § 18.60.110(B).
  • Nonconforming implication: Residential nonconforming structures have the special rebuilding allowance in § 18.70.030(D) (can be restored even if 100% destroyed subject to the 5% size/coverage limit). See § 18.70.030(D).

NOTE — District texts not located in retrieved materials: Full text for individual districts R‑1, R‑2, R‑3, C‑1, M‑1 etc. were not fully present in the returned snippets. For parcel‑specific dimensions and permitted use lists outside the chapters cited above verify with the jurisdiction or consult Wheatland Zoning for the full chapter text. Not found in retrieved materials.

Decision‑relevant standards & permitted‑use table

Rule or standard What it means (decision relevance) Code reference
Nonconforming designation: what counts A use or structure lawful when established but now nonconforming (or a previously allowed use now requires a conditional use permit). Useful when you need to prove status. § 18.70.020
Enlargement / relocation prohibition You may not expand or move a nonconforming use/structure on the lot; reconstruction allowed only to make it conforming. Critical for proposals. § 18.70.030(A)
Discontinuance period If use is discontinued ≥ 9 months, nonconforming status is lost. Essential for ownership/tenant changes. § 18.70.030(B)–(C)
Damage threshold for rebuild Damage > 50% of fair market value — cannot restore to previous nonconforming form (residential exception applies). Important for insurance/repair decisions. § 18.70.030(D)
Residential rebuild exception Residential nonconforming structure may be restored even if 100% destroyed, limited to +5% sq ft/coverage. Impacts owners after disaster. § 18.70.030(D)
C‑2 height & yards (example district) Height 48 ft max; 2,000 sq ft net lot min; lot coverage 100%, side/rear yards none unless abutting R‑district (then 15 ft/ 20 ft). Vital when checking if rebuild will be conforming. § 18.33.050, § 18.33.060

Checklist — what an applicant must satisfy (prepare these items before applying / discussing with planning)

  • Determine whether the existing use/structure was lawful when established and whether it was later made nonconforming (gather historical permits, business licenses, aerial photos). See § 18.70.020.
  • Confirm whether the use has been discontinued ≥ 9 months (if so, nonconforming rights are lost). See § 18.70.030(B)–(C).
  • If reconstruction after damage, obtain a fair‑market valuation and calculate % damage; if >50%, you will generally need to bring the rebuilt structure into conformity unless the residential exception applies. See § 18.70.030(D).
  • Check applicable district dimensional standards for whether proposed reconstruction will be conforming (height, setbacks, lot coverage). See the district chapter (example C‑2: § 18.33.060) and Wheatland Development Standards.
  • If the property is inside a Planned Development (PD), check the PD ordinance — PD standards govern and may require PD amendment. See § 18.51.050–.060.
  • Expect to rely on normal maintenance/repair allowances for safety repairs; secure building permits when required and obtain the building official’s statement when major structural alterations are needed. See § 18.70.030(E).

Risks & Ambiguities

Issue Why it matters What to verify
Was the original use lawful? Nonconforming status only applies to lawfully established uses; illegal/unpermitted uses are not protected. Verify historic permits, certificates, business licenses or pre‑code building permits (see § 18.70.040).
Whether a use was “discontinued” for ≥9 months Discontinuance ends nonconforming rights — important for tenant turnovers. Confirm continuous operation records (rent, utilities, business tax). See § 18.70.030(B)–(C).
Damage valuation method Percent damaged determines whether you must rebuild to current code. Get a formal appraisal and consult the Community Development Director and Building Official; see § 18.70.030(D).
Whether PD or overlay modifies rules PD ordinances can supersede standard zone rules; overlays may change permitted uses. Check the recorded PD ordinance or Overlay District designation on the zoning map (see Wheatland Overlay Districts and § 18.51.060(C)).
Whether variance / CUP can preserve nonconforming use Chapter 18.70 forbids altering nonconforming rules by variance or CUP; relying on discretionary relief is risky. Confirm: § 18.70.030(G) says provisions may not be altered by CUPs or variances.

Plain-English Summary

If your Wheatland building or business became nonconforming because the zoning changed, you can maintain it but generally cannot expand it, move it on the lot, or resume it after being shut down for nine months or more; if the building is badly damaged there are strict rebuild limits (residential buildings have a limited exception). The controlling rules are in Chapter 18.70. See § 18.70.020–.040.

Source References

  • Wheatland Municipal Code — Chapter 18.70, Nonconforming Uses (purpose, designation, regulations, reconstruction rules): § 18.70.010–.040.
  • Wheatland Municipal Code — C‑2 district rules (conditional uses, height, area/lot coverage, yards): § 18.33.040; § 18.33.050; § 18.33.060.
  • Wheatland Municipal Code — Planned Development (PD) procedures and effect: § 18.51.040–.070.
  • Wheatland Municipal Code — Agriculture combining district (A‑): § 18.54.020–.050.
  • Wheatland Municipal Code — Emergency Shelter combining district: § 18.55.010–.020.
  • Wheatland Municipal Code — General development rules (height/accessory building limits, landscaping): § 18.60.110; § 18.60.130.
  • Wheatland Municipal Code — Design review / site plan amendment procedures: Chapter 18.67 (see § 18.67.060–.070).
  • California ADU/related guidance (state limits on conditioning ADUs due to nonconforming zoning): uploaded ADU handbook (state guidance) — relevant when considering ADUs on nonconforming lots/structures.

Also consult these Wheatland pages for related topics (first natural mention of each is hyperlinked):

  • Wheatland Zoning & planning overview (/us/california/wheatland)
  • Wheatland Zoning (/us/california/wheatland/zoning)
  • Wheatland Development Standards (/us/california/wheatland/development-standards)
  • Wheatland Parking (/us/california/wheatland/parking)
  • Wheatland Design Review (/us/california/wheatland/design-review)
  • Wheatland Overlay Districts (/us/california/wheatland/overlay-districts)
  • Wheatland ADUs (/us/california/wheatland/adu)
  • California Building Standards Code (/us/california/building-codes)

Sources

Retrieved passages

  • Wheatland Zoning Code (§ 18.70.030.) High relevance
  • Wheatland Zoning Code (§ 18.67.060.) High relevance
  • Wheatland Zoning Code (section shall) High relevance
  • CBC § 66314 (§ 66314) High relevance
  • Wheatland Zoning Code (§ 66333) High relevance
  • CBC § 66321 (§ 66321) High relevance
  • Wheatland Zoning Code (§ 66314) High relevance
  • Wheatland Zoning Code (title or) High relevance
  • Wheatland Zoning Code (title or) High relevance
  • Wheatland Zoning Code High relevance
  • Wheatland Zoning Code High relevance

Cited sections

Frequently asked questions

What is a nonconforming use in Wheatland?

A nonconforming use in Wheatland is a lawfully established use that no longer complies with current zoning regulations (or a use that now requires a conditional use permit but was operating before that rule). See § 18.70.020.

Can I enlarge a nonconforming building or business in Wheatland?

No — a nonconforming use or structure shall not be enlarged, extended, or moved to another portion of the lot, except that a nonconforming structure may be reconstructed so it becomes conforming. See § 18.70.030(A).

If my nonconforming business stops operating, can I restart it later?

If the nonconforming use of a structure is discontinued for nine months or more, it cannot be re‑established; intent to resume does not preserve rights. See § 18.70.030(B).

My nonconforming building was 70% damaged in a flood — can I rebuild it as it was?

If damage exceeds 50% of fair market value, Wheatland requires reconstruction to conform with current district rules, except that residential nonconforming structures have a special allowance to be rebuilt even if 100% destroyed provided the replacement does not exceed +5% in area or ground coverage. See § 18.70.030(D).

Can a variance or conditional use permit be used to keep a nonconforming use as‑is or expand it?

No. The ordinance says the nonconforming provisions may not be altered or varied by conditional use permits or variances. You cannot use those discretionary tools to change the nonconforming rules. See § 18.70.030(G).

Do PD (Planned Development) rules matter for nonconforming uses?

Yes — a PD ordinance and development plan govern a PD area; no use is permitted in a PD except as set by that approved plan. Pre‑existing nonconforming uses in a PD are still governed by Chapter 18.70, but any reconstruction or alteration may also require PD amendment. See § 18.51.050–.060 and § 18.70.030.

Does Wheatland allow repair and maintenance on a nonconforming building?

Yes — normal maintenance and repair are allowed. Major structural alterations necessary for public safety are allowed with a building permit and require the building official to state the reason for the work. See § 18.70.030(E).

Can I build an ADU on a nonconforming lot or structure in Wheatland?

State ADU law limits how a local agency can condition ADU approval based on nonconforming zoning conditions; Wheatland’s local nonconforming rules still apply to other changes. Consult Wheatland ADU rules and the State ADU guidance in the uploaded ADU handbook for details (state guidance limits denial of ADUs because of nonconforming zoning conditions unless they threaten health/safety). See the ADU handbook (state) and Chapter 18.78 for local ADU rules; where local code is silent verify with the city.

Where can I confirm the exact setbacks, height, and lot standards my rebuilt structure must meet?

Check the district chapter that applies to the parcel (for example § 18.33.060 for C‑2) and the general development standards in § 18.60 (height, accessory building rules, landscaping). If the parcel is in a PD or overlay, the PD ordinance or overlay rules may control. If you cannot find the chapter text, verify with the jurisdiction.

Who enforces these rules and where to appeal?

The secretary to the planning commission enforces the zoning title; the community development director and planning commission handle appeals per the design review and site plan chapters. See Chapter 18.88 (enforcement) and § 18.67.070 (appeals). ---

More in Wheatland code

Ask about any Wheatland property

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

Start Free Trial

More Wheatland zoning topics

Wheatland Zoning

Wheatland Land Use

Wheatland Development Standards

Wheatland Parking

Wheatland Design Review

Wheatland Overlay Districts

Wheatland Historic Preservation

Wheatland Signage

Wheatland Variances and Exceptions

Wheatland Landscaping and Screening

Wheatland overview