Local zoning · Winters

Winters — Nonconforming Uses

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

Ask a question free See coverage

Last reviewed: July 3, 2026

Overview

Winters' zoning code treats nonconforming uses, structures, and lots as legacy conditions that may generally continue but are tightly limited in expansion, replacement, and re‑establishment. The city’s rules are located in Title 17, Chapter 17.104 (Nonconforming Uses, Structures and Lots) and must be read alongside the City’s land‑use matrix and lot development tables when evaluating a specific parcel. See § 17.104.010, § 17.104.020, and § 17.104.030 for the controlling rules .

Below I synthesize Winters‑specific rules, then give a district-by-district breakdown (per the zoning districts used in Winters), a short standards table, an applicant checklist, risks/ambiguities, a plain‑English homeowner summary, and source references.

What the code allows and limits (core rules)

  • Continuation: A legally established nonconforming use or building may continue but generally may not be enlarged, expanded, or intensified except where the code provides specific procedures for extension or substitution; see § 17.104.010(A)–(D) .
  • Conditional uses that became nonconforming remain nonconforming and cannot expand without a use permit (CUP) — § 17.104.010(B) .
  • Substitution/extension: The Planning Commission (for building interiors) or Planning/Zoning Administrator (for some expansions) may authorize limited substitutions or extensions by permit if specific findings are made — see § 17.104.010(C)–(D) and related zoning admin authority § 17.24.050 and related provisions .
  • Destruction/Replacement: If a nonconforming building is damaged, it may be reconstructed and the nonconforming use continued only if repair/reconstruction is begun within one (1) year and completed within two (2) years of the damage; otherwise re‑establishment is limited — § 17.104.020(D)(1) .
  • Abandonment/cessation: A nonconforming use in a building that has ceased for twelve (12) months cannot be re‑established; nonconforming land uses without buildings generally lose status after one (1) month of cessation and must be removed within six (6) months — § 17.104.010(E) .
  • Destruction threshold: A nonconforming use shall not continue if more than fifty percent (50%) of the area or the use has been destroyed — § 17.104.010 .
  • Nonconforming structures (setbacks, FAR, coverage) may continue but improvements/expansions must not increase the discrepancy with current standards and may require compliance where health/safety is implicated — § 17.104.020(A)–(B) .
  • Nonconforming lots that were legally created can be developed using current standards so long as minimum setbacks and open space can be met — § 17.104.030 .
  • When evaluating expansions, applicants must also meet current development requirements for things like parking, landscaping, and site standards found elsewhere in Title 17 (see development standards and the land‑use matrix) — see Tables 3A/lot standards and the land‑use matrix . For parking specifics see the Winters parking rules linked below.

Notes: design review or overlay/downtown rules may add additional constraints for specific locations (for example the downtown form‑based code). See the corresponding chapters when applicable .

District-by-district breakdown

Below are Winters’ zoning districts as used in the code. For each district I state what the municipal code provides about purpose (if present in retrieved materials), typical permitted uses (from the land‑use/zone matrix), key dimensional standards (from Table 3A / lot development standards), and where the district typically applies (if the code text or the downtown regulating plan says so). Where the ordinance text did not include a purpose or map description in the retrieved materials I note that explicitly.

  • Note: every district name below is bolded as required; permitted/use details are drawn from the Winters land‑use matrix and Table 3A (see citations after each district).

A-1

  • Purpose: Not found in retrieved materials (specific purpose statement not included in the excerpts provided).
  • Typical permitted uses: agricultural operations, animal production, cemeteries and other agricultural‑oriented uses (see land‑use matrix) .
  • Key dimensional standards: FAR: N/A, Height: 45 ft nonresidential / 30 ft residential (Table 3A) § 17.56.010 .
  • Where it applies: agricultural/perimeter and unincorporated transition areas per the zoning map (map not in retrieved excerpts). Verify with jurisdiction.

R-R (Rural Residential)

  • Purpose: Not found in retrieved materials.
  • Typical permitted uses: low‑density residential and some agricultural support uses; see matrix for specific permitted/conditional uses .
  • Key dimensional standards: FAR: N/A, Height: 30 ft (Table 3A) § 17.56.010 .
  • Where it applies: outlying rural residential parcels; confirm with zoning map.

R-1 (Single‑family Residential)

  • Purpose: Not found in retrieved materials.
  • Typical permitted uses: single‑family homes, accessory structures, limited home occupations; see the land‑use matrix (some residential uses and accessory uses are permitted) .
  • Key dimensional standards: Maximum site coverage: 50% (single story) / 45% (two or more stories); Height: 30 ft (Table 3A) § 17.56.010 .
  • Where it applies: established single‑family neighborhoods. Note: affordable duplexes may be allowed on corner lots (footnote in matrix) .

R-2 (One‑ and Two‑family Residential)

  • Purpose: Not found in retrieved materials.
  • Typical permitted uses: one‑ and two‑family residences, accessory residential uses; see land‑use matrix (permitted and conditional uses listed) .
  • Key dimensional standards: Maximum site coverage: 50% (single story) / 45% (two or more stories); Height: 30 ft § 17.56.010 .
  • Where it applies: moderate density residential neighborhoods.

R-3 (Multifamily Residential)

  • Purpose: Not found in retrieved materials.
  • Typical permitted uses: multifamily apartments, some community services (per matrix) .
  • Key dimensional standards: Maximum site coverage: 60%; Height: 35 ft § 17.56.010 .
  • Where it applies: higher density residential corridors/blocks; check zoning map.

R-4 (High Density Residential)

  • Purpose: Not found in retrieved materials.
  • Typical permitted uses: higher‑density residential, supportive housing types (per matrix and later housing chapters) .
  • Key dimensional standards: Maximum site coverage: 70%; Height: 45 ft § 17.56.010 .
  • Where it applies: targeted high‑density sites.

C-1 (Neighborhood Commercial)

  • Purpose: Not found in retrieved materials.
  • Typical permitted uses: neighborhood retail and personal services (see matrix) .
  • Key dimensional standards: FAR: 0.40, Height: 30 ft § 17.56.010 .
  • Where it applies: small commercial nodes serving adjacent neighborhoods.

C-2 (Central Business District)

  • Purpose: Not found in retrieved materials in excerpts; downtown form‑based code also applies in parts of C‑2/downtown (see D‑A/D‑B below) .
  • Typical permitted uses: general retail, office, certain residential (subject to CUP for conversions), restaurants and business services (land‑use matrix) .
  • Key dimensional standards: FAR: up to 2.0 (with other notations); Height: up to 45 ft § 17.56.010 .
  • Where it applies: downtown/central business district parcels; downtown regulating plan (D‑A/D‑B) may override some standards .

C‑H (Highway Service Commercial)

  • Purpose: Not found in retrieved materials.
  • Typical permitted uses: highway‑oriented commercial uses (fuel/service, roadside sales, etc.) per matrix .
  • Key dimensional standards: FAR: 0.40, Height: 45 ft § 17.56.010 .
  • Where it applies: highway frontage parcels.

O‑F (Office‑Flex)

  • Purpose: Not found in retrieved materials.
  • Typical permitted uses: office and professional services; see land‑use matrix .
  • Key dimensional standards: FAR: 0.40, Height: 35 ft § 17.56.010 .

B/P (Business/Industrial Park)

  • Purpose: Not found in retrieved materials.
  • Typical permitted uses: business park, light industrial and limited commercial uses (matrix); adult entertainment is restricted to M‑1 or B/P subject to spacing and CUP rules (§ 17.100.020–030) .
  • Key dimensional standards: FAR: 0.40, Height: 35 ft § 17.56.010 .

M‑1 (Light Industrial) and M‑2 (Heavy Industrial)

  • Purpose: Not found in retrieved materials.
  • Typical permitted uses: M‑1 allows light industrial and M‑2 heavier industrial uses; uses differ by type and may be conditional in certain categories (see matrix) .
  • Key dimensional standards: M‑1 FAR: 0.40 / Height: 40 ft; M‑2 FAR: 0.40 / Height: 50 ft § 17.56.010 .

PQP (Public/Quasi‑Public), P‑R, O‑S, P‑D (Planned Development)

  • Purpose: Some chapters describe special uses (e.g., PQP) but specific purpose statements for these zones were not included in the retrieved excerpts.
  • Typical permitted uses and special standards: the land‑use matrix lists public/quasi‑public facilities as permitted or conditional in PQP/P‑R; P‑D is governed by a specific PD plan (Per PD Plan) for uses and standards § 17.56.010 .
  • Key dimensional standards: PQP FAR: 0.50, P‑R FAR: 0.20, O‑S FAR: 0.05 and various height caps shown in Table 3A; P‑D uses and standards are per the approved PD plan § 17.56.010 .

Downtown form‑based districts D‑A / D‑B

  • Purpose: The downtown form‑based code's stated purpose is to preserve and protect downtown’s historic, pedestrian‑oriented character and to govern building character and placement in the downtown master plan area — § 17.58.010–015 .
  • Typical permitted uses: downtown permitted uses are listed in Section 17.58.050 and the chapter’s permitted‑use tables specific to D‑A/D‑B (see that chapter) .
  • Key dimensional standards: the regulating plan and street typologies in Chapter 17.58 set build‑to lines, frontage types and special standards that may replace Table 3A on downtown parcels § 17.58.015–040 .
  • Where it applies: properties inside the downtown regulating plan (map/figures in Chapter 17.58) .

(If you need a parcel‑level determination of which district applies to a specific address, verify with the city zoning map — not included in the retrieved excerpts.)

Quick standards table (decision‑relevant items)

Issue / Rule Standard (Winters code) Code Reference
Continuation of lawful nonconforming uses May continue but shall not be enlarged/expanded/intensified except as allowed § 17.104.010(A)
Conditional uses that became nonconforming Remain nonconforming; cannot expand without a CUP § 17.104.010(B)
Cessation — building in which nonconforming use stopped Cannot be re‑used for nonconforming purposes after 12 months of cessation § 17.104.010(E)(2)
Cessation — land use w/o buildings Ceases if discontinued 1 month or more; structures removed within 6 months § 17.104.010(E)(3)
Destruction threshold Nonconforming use shall not continue if > 50% of area/use destroyed § 17.104.010
Reconstruction after calamity Must begin within 1 year and complete within 2 years to retain nonconforming use § 17.104.020(D)(1)
Nonconforming structures improvement Alterations allowed if they do not increase the discrepancy; expansion limited and may require findings § 17.104.020(B), (E)
Nonconforming lots allowed to build May be developed to meet current standards provided minimum setbacks/open space can be met § 17.104.030
Lot development and dimensional standards See Table 3A for FAR, coverage, height (e.g., R‑1 coverage 50%/45%, R‑3 coverage 60%) Table 3A / § 17.56.010

Checklist — what an applicant must satisfy (pre‑application to decision)

  • Confirm whether the existing use/structure was lawfully established under prior codes (document chain of title, prior permits) — see § 17.104.010(A) .
  • If proposing any extension/substitution/expansion of a nonconforming use or structure, prepare a use‑permit or zoning‑administrator application with findings showing no adverse impacts and consistency with the zone — see § 17.104.010(C)–(D) and § 17.24.050 .
  • If the structure is nonconforming for setbacks/FAR/coverage, show that proposed changes will not increase the discrepancy from current standards; if safety/health issues exist, be prepared to meet building official requirements — § 17.104.020(B) .
  • For reconstruction after damage, demonstrate work will begin within 1 year and be completed within 2 years to preserve nonconforming status — § 17.104.020(D)(1) .
  • Provide site plans showing compliance with current setbacks/development standards and off‑street parking or justify any variance or CUP (see Table 3A and Chapter 17.72 on parking) — § 17.56.010 .
  • If the use ceased for 12 months (building) or 1 month (land use), do not assume the use can be re‑established — verify cessation thresholds under § 17.104.010(E) .
  • If located in the downtown area, prepare for design review and conformity with the downtown form‑based rules § 17.58 — see Chapter 17.58 and design review chapter § 17.36 .

Practical tip: involve the Community Development Department early — the code allows the community development director and planning staff to interpret ambiguous cases and advise on whether a CUP, variance, or PD amendment is required.

Risks & Ambiguities

Issue Why it matters What to verify
Whether past activity was “lawful” initially Nonconforming protections apply only to uses/structures lawful when established — if title/permitting is unclear you may lack protection Obtain historic permits, certificates of occupancy, or other evidence; confirm with Community Development (noted in § 17.104.010(A))
Measuring the 50% destruction threshold Whether a building was “more than 50%” destroyed determines if the nonconforming use survives Ask the city how they measure “area or use” for your parcel (code states 50% but not an exact formula) — see § 17.104.010
Cessation timing differences (building vs land) Different time triggers (12 months vs 1 month) can lead to abrupt loss of rights Confirm exact dates of last lawful use and whether the city counts intermittent activity; source: § 17.104.010(E)
Required findings for expansions The zoning administrator/planning commission must make findings (e.g., no impair to vicinity) — subjective elements create uncertainty Obtain pre‑application guidance and a written list of expected findings; see § 17.104.020(E) and zoning admin procedures § 17.24.050
Overlap with downtown form‑based standards or overlays Downtown or overlay standards may supersede Table 3A or create additional design rules If your parcel is in D‑A/D‑B or an overlay, confirm which chapter controls; see § 17.58 (downtown) and overlay district chapter references (overlay map not in excerpts)
Interplay of nonconforming status with parking or other development standards Approval to expand may require current parking/landscaping compliance; failure triggers denial Demonstrate compliance or secure variance; see Table 3A and parking chapter § 17.72

Plain‑English Summary

If your building or business in Winters predates the current zoning, you usually can keep it — but you generally cannot expand it or resume it after long abandonment. There are set time limits (for example, 12 months for buildings and 1 month for land uses) and a 50% damage/destruction rule; limited rebuilding or modest changes may be allowed if you get the needed permits and meet findings in the code § 17.104.010–020 .

Source References

  • Winters Municipal Code, Title 17 — Chapter 17.104 (Nonconforming Uses, Structures and Lots): § 17.104.010, § 17.104.020, § 17.104.030 .
  • Winters Municipal Code — Land Use / Zone Matrix and use tables (Chapter 17.52 / Land Use Matrix) — land use permissions by district .
  • Winters Municipal Code — Lot development standards (Table 3A) and related rules § 17.56.010 (FAR, coverage, heights) .
  • Winters Municipal Code — Zoning Administrator and variance/use permit authority (Chapters 17.24, 17.20) and project review language (zoning admin authority for nonconforming expansions) .
  • Winters Municipal Code — Downtown Form‑Based Code, Chapter 17.58 (applicability and permitted uses in downtown D‑A/D‑B) .
  • Winters Municipal Code — Parking and off‑street requirements (see Chapter 17.72) and accessory standards referenced in development‑standards sections .
  • (Helpful background, not the city code): California ADU handbook (state ADU rules referenced by practitioners) — included in provided materials (for ADU state context only) .

Inline links to related Winters pages: for other topics mentioned on this page see Winters pages on zoning & planning overview, Winters Zoning, Winters Land Use, Winters Development Standards, Winters Parking, Winters Design Review, Winters Overlay Districts, Winters Historic Preservation, Winters ADUs, and the California Building Standards Code.

Sources

Retrieved passages

  • Winters Zoning Code (§ 17.104.010.) High relevance
  • CBC § 8 (§ 8-1.6011) High relevance
  • CFC § 8 (chapter and) High relevance
  • Winters Zoning Code (title shall) Medium relevance
  • Winters Zoning Code (title applicable) Medium relevance
  • Winters Zoning Code (§ 17.104.030.) Medium relevance
  • CFC § 8 (§ 8-1.6010) Medium relevance
  • Winters Zoning Code (title to) Medium relevance
  • Winters Zoning Code (section and) Medium relevance
  • Winters Zoning Code Medium relevance
  • Winters Zoning Code Medium relevance
  • Winters Zoning Code Medium relevance
  • Winters Zoning Code (§ 3) Medium relevance
  • Winters Zoning Code (§ 8-1.6010) Medium relevance
  • Winters Zoning Code (§ 8-1.5201) Medium relevance

Cited sections

Frequently asked questions

What does Winters code define as a "nonconforming use"?

A "nonconforming use" in Winters is any land, building or structure use that was lawful when established but no longer conforms to subsequently adopted zoning regulations; see the definition and continuation rules in § 17.104.010 and the definitions chapter § 17.52 / definitions .

Can I expand a nonconforming building in Winters?

Possibly, but expansion is limited. Nonconforming structures may be altered or expanded only if they do not increase the discrepancy with current standards and, for some expansions, the zoning administrator or planning commission must make findings that the expansion won’t impair nearby uses — see § 17.104.020(B) and § 17.104.020(E) .

If a nonconforming business burned down, can I rebuild and reopen?

Yes if reconstruction begins within one (1) year and is completed within two (2) years of the damage; otherwise the ability to continue the nonconforming use may be lost — § 17.104.020(D)(1) .

How long can a nonconforming use be inactive before it’s lost?

If the nonconforming use occupied a building, cessation of use for twelve (12) months prevents re‑establishment; for nonconforming uses of land without structures, cessation for one (1) month prevents re‑establishment and any nonconforming structures must be removed within six (6) months — § 17.104.010(E) .

Does Winters allow a nonconforming lot to be built on?

Yes — a legally created nonconforming lot can be developed provided the minimum required setbacks and open space can be met using current standards; see § 17.104.030 .

If more than 50% of my nonconforming building is damaged, what happens?

The ordinance states a nonconforming use shall not continue if more than fifty percent (50%) of the area or use has been destroyed; confirm how the city calculates the 50% threshold for your project with staff — § 17.104.010 .

Where can I find the height, coverage and FAR limits that apply to a nonconforming structure’s expansion?

See Table 3A in Chapter 17.56.010 for the applicable FAR, site coverage and maximum heights by zone (for example R‑1 coverage 50%/45%, R‑3 coverage 60%) — these set the baseline development standards you must reference for any expansion § 17.56.010 .

Will the city require me to correct a nonconforming setback if I repair or alter a building?

The code allows restorations and repairs, but expansions cannot increase the nonconformity and the building official can require modifications if health/safety is implicated; larger rebuilds or demolitions may trigger full compliance — see § 17.104.020(B)–(D) .

If my property is in the downtown area, do downtown rules change nonconforming treatment?

Downtown (D‑A/D‑B) properties are subject to the form‑based downtown chapter 17.58, which supplies additional allowed uses and regulating‑plan standards; check § 17.58 for downtown applicability and any design review requirements that may interact with nonconforming issues .

Who can approve a change from one nonconforming use to another?

The Planning Commission may permit substitution of one nonconforming use for another nonconforming use that is the same or more restrictive upon application and findings; see § 17.104.010(D) .

More in Winters code

Ask about any Winters property

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

Start Free Trial

More Winters zoning topics

Winters Zoning

Winters Land Use

Winters Development Standards

Winters Parking

Winters Design Review

Winters Overlay Districts

Winters Historic Preservation

Winters Signage

Winters Variances and Exceptions

Winters Landscaping and Screening

Winters overview