Frequently Asked Questions

If your building or use existed legally before the New Zoning Code went into effect for a property, it might be considered a nonconformity. Nonconformities are allowed to continue, but there are rules about how they can be changed or expanded.

Key Points

• Continuation: You can generally continue your nonconforming building or use.  
• No Expansion: You cannot expand the nonconformity beyond its original size or scope.  
• Maintenance and Repair: You can do normal maintenance and repair.
• Change of Use: Changing to a less impactful or permitted use might be allowed.
• Rebuilding After Damage: There are special rules for rebuilding after damage, such as from a fire or earthquake.

Example

Nonconforming Structure

Let's say your property has a detached garage that was built closer to the property line than what is currently allowed by the New Zoning Code. Because the garage was built legally under the older regulations, it is a nonconforming structure.

You can continue to use the garage, and you can repair or maintain it. However, you cannot expand the garage or make additions to it without bringing it into compliance with the new setbacks or without obtaining any necessary approvals to do so.

Nonconforming Use

Imagine you operate a small bakery in a building that was constructed before the New Zoning Code took effect. The area is now zoned for residential use, making your bakery a nonconforming use.

You are allowed to continue operating the bakery as it was originally established. You can also perform routine maintenance and repairs to the building. However, you cannot expand the bakery's floor area or add new uses, such as a coffee shop, without applying for a change of use and potentially needing to comply with the new zoning regulations.

Recommendation

Check the Nonconformities Article (Article 12) for detailed information and specific rules. You may also want to contact the Department of Building and Safety for guidance on your specific situation.