Susanville — Nonconforming Uses

Overview

Susanville’s zoning ordinance treats nonconformities as uses, buildings, mobile homes, or lots that were lawful when established but no longer meet current zoning rules. The city’s policy is to allow limited continuation, control expansion, and bring sites into conformity over time (§ 17.108.010). Key triggers are expansion, relocation, discontinuance, and damage thresholds, with some targeted allowances and a few strict cutoffs.

The headline rule: If a nonconforming land use stops for 6 months, it cannot be re-established (§ 17.108.040.A.3); if a nonconforming use in a building stops for 1 year, the space cannot be re-occupied unless brought into full conformity (§ 17.108.030.D).

How Susanville applies nonconforming rules

Core intent and permits

• The city intends to “control and improve” nonconforming situations until they conform or terminate (§ 17.108.010.A).
• If a use or structure requires a use permit under Title 17, it may not be enlarged or extended into more area unless a use permit is obtained per §§ 17.112.020–17.112.040 (§ 17.108.010.B). Coordinate early with Susanville Zoning and Susanville Design Review if applicable.

Nonconforming uses of land (§ 17.108.040)

• Continuation is allowed, but:
  • No expansion on the same or adjoining land (§ 17.108.040.A.1).
  • No change except to a conforming use (§ 17.108.040.A.2).
  • Discontinuance for 6 months or more ends the right to resume; any new use must conform (§ 17.108.040.A.3).
• Practically: Track your operating status carefully; even short gaps can matter.

Nonconforming uses in buildings/structures/mobile homes (§ 17.108.030)

• May be changed to a conforming use (§ 17.108.030.A).
• May be changed to a use of the same or more restricted nature if a use permit is issued (§ 17.108.030.B).
• Expansion within a building to other portions is prohibited (§ 17.108.030.C).
• If the nonconforming use stops for more than 1 year, the space cannot be re-occupied unless brought into conformance and the new use conforms (§ 17.108.030.D). The code clarifies that certain involuntary interruptions (e.g., illness, death, emergency) do not constitute abandonment; owners may seek city council review with evidence of intent to continue (§ 17.108.030, Note).

Nonconforming buildings/structures (physical conditions) (§ 17.108.020)

• Health and safety orders: Necessary alterations to comply with a lawful public authority order are allowed (§ 17.108.020.A). Coordinate with California Building Standards Code as needed.
• Vested permits: Projects with a valid building permit and diligent progress are protected even if subsequently rendered nonconforming (§ 17.108.020.B).
• Maintenance and repairs: Ordinary, non-structural maintenance is allowed up to 25% of assessed value in any one-year period; repairs needed to bring the structure into code compliance are allowed even if they exceed 25%, but floor area may not increase (§ 17.108.020.C).
• Enlargements: Adding to or enlarging a nonconforming structure is prohibited unless the entire structure (and use) is brought into full conformity (§ 17.108.020.D).
• Relocation: Moving a nonconforming structure on-site or to another lot is prohibited unless the moved structure conforms in its new location (§ 17.108.020.E).
• Reconstruction after damage: If damage is ≤ 75% of appraised value, you may restore and continue the prior use, provided restoration cost is ≤ 75% of assessed value, work starts within 1 year, and is diligently completed (§ 17.108.020.F). If damage exceeds 75%, full conformity is required.

Historic structures (§ 17.108.020.G)

• Repairs, alterations, and additions may be authorized by the Community Development Director (or designee) and Building Official (or designee) if:
  • The structure has an official historic designation (city, state, or federal) (§ 17.108.020.G.1).
  • Unsafe conditions are corrected (§ 17.108.020.G.2).
  • The use complies with applicable provisions of this section (§ 17.108.020.G.3).
• Coordinate early with Susanville Historic Preservation.

Off-street parking for nonconforming sites (§ 17.108.050)

• If off-street parking/loading is nonconforming or absent in pre-code buildings, those buildings may not be altered or enlarged to add dwelling units, seating, floor area, or guest rooms until parking/loading requirements are met (§ 17.108.050). Exception: Members of a duly formed parking district are not subject to this limit.
• Vacant >1 year: Nonconforming buildings lacking required parking that have been vacant for more than 1 year may be reoccupied if a use permit is issued (§ 17.108.050). See Susanville Parking.

Adult entertainment businesses (§ 17.120.090)

• Any legally established adult entertainment business existing on the effective date of the adult-use chapter is treated as an existing nonconforming use, subject to additional regulations elsewhere in the Municipal Code (§ 17.120.090). Verify any supplemental spacing or licensing rules.

Public nuisance declaration (§ 17.108.060)

• The code declares maintenance of a nonconforming use a public nuisance and a violation (§ 17.108.060). In practice, the continuation allowances in § 17.108.030 and § 17.108.040 still apply; expect close enforcement scrutiny. Consider relief strategies via Susanville Variances and Exceptions where appropriate.

Interpreting unlisted uses (§ 17.116.030)

• If a proposed use isn’t listed for a zone, the Community Development Director can determine if it’s permitted (with or without a use permit) by finding it similar in character and impact to a listed use; decisions are appealable to the Planning Commission (§ 17.116.030).

Fire-destroyed nonconforming residences (§ 17.108.070)

• Residential structures that existed before the zoning title took effect and are destroyed by more than 75% of appraised value may be replaced up to the same square footage (§ 17.108.070). No new residences unless permitted in the specific zone district.

Where zoning district standards come in

• When a nonconforming site must be brought into conformance (e.g., after >75% destruction or enlargement), applicable district standards govern. The code expressly ties:
  • Single-family residences to R-1 standards;
  • New free-standing multifamily to R-4 standards; and
  • All commercial and multifamily above or beside stores/offices to C-2 standards, unless a use permit modifies them (§ 17.40.040).
• For dimensional details (setbacks, height, lot coverage), consult Susanville Development Standards and Susanville Zoning.

Nonconforming rules at a glance

District-by-district implications for nonconformities

R-1

• Purpose: Not found in source materials.
• Typical permitted uses: The code references single-family residences tying to R-1 standards for compliance when applicable (§ 17.40.040). Verify exact permitted uses.
• Key dimensional standards: Not found in source materials. See Susanville Development Standards.
• Where it applies: Verify with the jurisdiction; consult Susanville Zoning.
• Nonconforming angle: If a nonconforming single-family home must be brought into conformity (e.g., after >75% destruction), R-1 standards control the replacement (§ 17.40.040; § 17.108.020.F; § 17.108.070).

R-4

• Purpose: Not found in source materials.
• Typical permitted uses: New free-standing multifamily residential uses must meet R-4 standards (§ 17.40.040). Verify the full use list.
• Key dimensional standards: Not found in source materials.
• Where it applies: Verify with the jurisdiction.
• Nonconforming angle: A nonconforming multifamily project rebuilt or expanded may be required to meet R-4 standards (§ 17.40.040; § 17.108.020.D–F).

C-2

• Purpose: Not found in source materials.
• Typical permitted uses: Commercial; also applies to multifamily above/beside stores or offices, with standards set by C-2 unless modified by a use permit (§ 17.40.040).
• Key dimensional standards: Not found in source materials.
• Where it applies: Verify with the jurisdiction.
• Nonconforming angle: Commercial or mixed-use expansions typically require full C-2 compliance, and lack of parking can block floor area increases (§ 17.40.040; § 17.108.050).

U (Urban Reserve)

• Purpose: Not found in source materials.
• Permitted uses: One-family residence or a manufactured home (per § 17.12.020(B)), except in general plan areas designated commercial or industrial; all agricultural uses permitted in AE-20 without a use permit (§ 17.68.020).
• Uses requiring a use permit: All other uses not otherwise prohibited by law and not inconsistent with any portion of the general plan (§ 17.68.030).
• Key dimensional standards: Not found in source materials.
• Where it applies: Verify with the jurisdiction.
• Nonconforming angle: In the U district, any enlargement of a use that needs a use permit requires securing that permit (§ 17.108.010.B; § 17.68.030). If a use is unlisted, the Director may classify it by similarity (§ 17.116.030).

Checklist

• Confirm the use/structure was lawful when established (legal nonconforming status).
• Determine whether the situation is a land use nonconformity (6‑month discontinuance limit) or a building-use nonconformity (1‑year discontinuance limit) (§ 17.108.040.A.3; § 17.108.030.D).
• If expansion is contemplated, assess whether full conformity is triggered (§ 17.108.020.D) and whether a use permit is required (§ 17.108.010.B).
• For damaged structures, obtain appraised and assessed values; test against the 75% and 25% thresholds and the 1‑year start-to-rebuild clock (§ 17.108.020.C–F; § 17.108.070).
• Evaluate off-street parking/loading; expansions adding units/area are blocked until parking is compliant; check for parking district membership (§ 17.108.050).
• If the structure is designated historic, confer with the Community Development Director and Building Official on allowed work (§ 17.108.020.G).
• For unlisted uses, seek a Director’s interpretation; prepare for possible Planning Commission appeal (§ 17.116.030).
• Cross-check the applicable district standards for any required conformity (e.g., R-1, R-4, C-2) and any needed Design Review (§ 17.40.040).
• Document any periods of discontinuance and reasons (to address the abandonment note in § 17.108.030).

Risks & Ambiguities

Plain-English Summary

Susanville lets most nonconforming situations continue but keeps them from growing. If you stop a nonconforming land use for 6 months—or a nonconforming use in a building for a year—you lose the right to restart it. You generally can repair up to 25% of assessed value per year, and rebuild after damage under 75%, but enlargements or relocations usually require bringing the whole project up to current district rules.

Source References

• § 17.108.010 (Generally; intent; use permit requirement for enlargements)
• § 17.108.020 (Nonconforming buildings and structures; 25% maintenance; 75% reconstruction; 1-year start; relocation; historic structures)
• § 17.108.030 (Nonconforming uses of buildings/structures/mobile homes; change; expansion; 1-year discontinuance/abandonment note)
• § 17.108.040 (Nonconforming uses of land; 6-month discontinuance; no expansion)
• § 17.108.050 (Nonconforming off-street parking; parking district exception; reoccupancy with use permit after >1-year vacancy)
• § 17.108.060 (Nonconforming uses declared a public nuisance)
• § 17.108.070 (Nonconforming residential structures destroyed by fire; replacement to same square footage)
• § 17.116.030 (Zone district land use interpretation; Director authority and appeal)
• § 17.120.090 (Nonconforming adult entertainment businesses)
• § 17.40.040 (Property development standards pointers to R-1, R-4, C-2)
• § 17.68.020–.030 (U district permitted uses; use-permit framework)
• Title 17 — Zoning (general)

Source passages

• Susanville Zoning Code (§ 17.108.010) Medium relevance show source text
• Susanville Zoning Code (§ 17.108.040) Medium relevance show source text
• Susanville Zoning Code (§ 17.108.020) Medium relevance show source text
• Susanville Zoning Code (§ 17.108.060) Medium relevance show source text
• Susanville Zoning Code (§ 17.116.030) Medium relevance show source text
• Susanville Zoning Code (§ 17.108.030) Medium relevance show source text
• Susanville Zoning Code (§ 17.108.050) Medium relevance show source text
• Susanville Zoning Code (§ 17.68.030) Medium relevance show source text
• Susanville Zoning Code (§ 17.108.070) Medium relevance show source text
• Susanville Zoning Code (§ 17.120.090) Medium relevance show source text
• Susanville Zoning Code (§ 17.40.040) Medium relevance show source text
• Susanville Zoning Code (§ 17.68.020) Medium relevance show source text

Cited sections

• § 17.108.010 (Generally; intent; use permit requirement for enlargements) (§ 17.108.010)
• § 17.108.020 (Nonconforming buildings and structures; 25% maintenance; 75% reconstruction; 1-year start; relocation; historic structures) (§ 17.108.020)
• § 17.108.030 (Nonconforming uses of buildings/structures/mobile homes; change; expansion; 1-year discontinuance/abandonment note) (§ 17.108.030)
• § 17.108.040 (Nonconforming uses of land; 6-month discontinuance; no expansion) (§ 17.108.040)
• § 17.108.050 (Nonconforming off-street parking; parking district exception; reoccupancy with use permit after >1-year vacancy) (§ 17.108.050)
• § 17.108.060 (Nonconforming uses declared a public nuisance) (§ 17.108.060)
• § 17.108.070 (Nonconforming residential structures destroyed by fire; replacement to same square footage) (§ 17.108.070)
• § 17.116.030 (Zone district land use interpretation; Director authority and appeal) (§ 17.116.030)
• § 17.120.090 (Nonconforming adult entertainment businesses) (§ 17.120.090)
• § 17.40.040 (Property development standards pointers to R-1, R-4, C-2) (§ 17.40.040)
• § 17.68.020–.030 (U district permitted uses; use-permit framework) (§ 17.68.020)
• Title 17 — Zoning (general) (Title 17)

• Official Susanville code library