Chino Hills Municipal Code § 16.82.030 Regulations

Footnotes:

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Editor's note— Ord. No. 430, § 2(Exh. A), adopted Feb. 10, 2026, amended Ch. 16.82 in its entirety to read as herein set out. Former Ch. 16.82, §§ 16.82.010—16.82.130, pertained to nonconforming uses and structures, and derived from Ord. No. 68, §§ 9.165.010—9.165.030, 9.165.050, 9.165.052, 9.165.054, 9.165.056—9.165.060, 9.165.070, adopted 1995; Ord. No. 265, § 3(g)—(j), adopted August 27, 2013.

A. The regulations in this chapter shall apply to all existing nonconforming uses, structures, and parcels, and to any uses or structures made nonconforming upon adoption of subsequent ordinances. It is the intent of this chapter to provide for the regulation of such nonconformities, and to specify the circumstances and conditions under which they may continue to exist.

B. There are certain nonconforming uses and structures that substantially and adversely affect the maintenance, development, or use and assessed value of other property in the zoning classification in which they are located. Such nonconformities should not be permitted to continue indefinitely. Rather, it is logical and reasonable to place a time limit upon the continuance of such existing nonconforming uses, based upon the nature of the use, and, in the case of nonconforming structures, upon their character, age, and the investment therein.

(Ord. No. 430, § 2(Exh. A), 2-10-2026)

A. "Nonconforming use" means a use that lawfully occupied a structure or land at the time the use was established, but that no longer conforms with the use regulations of the zoning district in which it is located.

B. "Nonconforming structure" means a structure that was lawfully erected, but that no longer complies with all standards, such as height, setbacks, and lot coverage, applicable to the zoning district in which the structure is located.

C. "Nonconforming parcel" means a parcel that does not conform to the minimum lot standards, such as area and width standards, of the zoning district in which it is located, or that does not conform to subdivision regulations.

D. "Structure nonconforming due to use" means a structure that was lawfully erected, but which, due to the application of this Title 16 or any amendment thereto, is designed for a use not listed as a principal, or accessory use in the zoning district in which it is located.

(Ord. No. 430, § 2(Exh. A), 2-10-2026)

A. Continuation of Nonconforming Uses and Structures Nonconforming Due to Use. A nonconforming use or a structure nonconforming due to use may be continuously maintained provided:

1. Such nonconforming use may not be expanded or extended into any other portion of the structure or changed to another nonconforming use.

2. The building in which said use is being conducted may not be structurally altered, enlarged, or expanded in any way or in any area of the building so as to increase the degree, intensity, or scope of the nonconforming use, unless authorized pursuant to Subsection (B).

3. There is no increase in intensity or scope of the nonconforming use, unless authorized pursuant to Subsection (B). (For example, increasing the number of grazing cattle on a property where grazing cattle are no longer a permitted use; drilling new oil wells on a property where oil drilling is no longer a permitted use; adding treatment rooms or tables to a massage establishment in a zone where massage establishments are no longer a permitted use.)

4. The nonconforming use or structure nonconforming due to use may not extend past any applicable amortization period prescribed in this chapter.

B. Alteration of Nonconforming Uses and Structures Nonconforming Due to Use.

1. A nonconforming use or a structure nonconforming due to use may not be enlarged, expanded, other otherwise increased in intensity or scope unless the director makes the following findings after conducting a public hearing in accordance with the administrative procedures in Chapter 16.58:

a. The use or structure has not resulted in a notable negative impact or nuisance to surrounding properties.

b. The enlargement, expansion, or increase in intensity of scope will not adversely affect or be materially detrimental to surrounding properties.

c. The use or structure is compatible with the general character of the surrounding neighborhood or district.

d. The enlargement or expansion does not increase the site area of the nonconforming use or the floor area of the structure nonconforming due to use by more than fifteen (15) percent.

2. A nonconforming use or a structure nonconforming due to use may be enlarged, expanded, or otherwise increased in intensity or scope to the extent the director finds that such alteration is required by a subsequently enacted or subsequently adopted law, ordinance, or regulation.

3. Any alteration permitted by this Subsection (B) shall not be construed to extend the termination date of the subject nonconforming use or structure nonconforming due to use.

C. Alteration, Repair, and Maintenance of Nonconforming Structures.

1. Nonconforming Nonresidential Structures. Nonconforming office, commercial, industrial, and institutional structures may be altered, repaired, and maintained without being construed to increase the degree of nonconformance, provided:

a. There is no increase in square footage of the structure.

b. No structural alterations are permitted unless required by law or unless the building official determines that the alterations are necessary to protect the public health and safety, occupants of the structure, or adjacent property. As used in this section, "structural alterations" refers to changes affecting core structural elements, such as load-bearing walls, columns, beams, girders, foundations, floors, roofs, or exterior walls. The retrofitting of unreinforced masonry structures is permitted without limitations provided that such retrofitting is limited to compliance with current earthquake safety standards.

c. Alterations may not intensify or increase any existing nonconformities or create additional nonconformities.

d. All alterations comply with this code.

e. The total cost of alterations to interior partitions or other nonstructural improvements and repairs may not exceed fifty (50) percent of the replacement cost of the structure over any consecutive five-year period, as determined by the director.

2. Nonconforming Residential Structures. Nonconforming residential structures may be altered, repaired, and maintained provided that any such alteration, repair, or maintenance complies with Titles 15 and 16 of this Code and does not increase the degree of any existing nonconformities or create additional nonconformities.

3. Any alteration permitted by this Subsection (C) shall not be construed to extend the termination date of the subject nonconforming structure specified in this chapter.

D. Repair of Damaged Structure. Any nonconforming structure damaged by any natural or manmade catastrophe may be restored to the condition in which it was immediately prior to the occurrence of such damage , provided:

1. The cost of reconstruction does not exceed fifty (50) percent of the total market value of the structure at the time the damage occurred as determined by:

a. The current assessment roll immediately prior to the time of the damage, or

b. At the option of the applicant, a narrative appraisal prepared by a certified member of a recognized professional appraiser's organization, provided that such appraisal is approved by the director. In evaluating the appraised submitted by the applicant, the director may request additional supporting information from the applicant and/or may investigate and request technical assistance from any source which, in the director's opinion, may contribute information necessary to complete the evaluation. Further, the director may also obtain an independent narrative appraisal of the applicant's property to verify the accuracy of the appraisal submitted by the applicant. Where a discrepancy exists between the applicant's appraisal and the appraisal prepared pursuant to the director's request, the director may, at his or her discretion, determine the market value of the applicant's property based on the evidence submitted. In such case, the director's decision is final. Where the director undertakes an investigation and/or requests that an independent appraisal be prepared as provided herein, the applicant shall pay to the city the actual cost of conducting such investigation and/or the appraisal. Value of a structure shall be determined by the use of the assessment roll in all instances where an appraisal prepared pursuant to this Subsection is not approved by the director. Market value does not include the land or any factor other than the structure itself.

c. This Subsection (D)(1) does not apply to the repair, reconstruction, or restoration of a nonconforming residential structure damaged by any natural or manmade catastrophe.

2. All such reconstruction must commence within one year from the date of the damage and be pursued diligently to completion, except where the director finds that circumstances beyond the property owner's control have prevented such commencement. In such cases, the director may grant up to an additional year to commence reconstruction.

3. Reconstruction shall not extend the termination date of the subject nonconforming structure specified in this chapter.

4. A nonconforming structure that has been voluntarily demolished cannot be reconstructed unless it is brought into full compliance with this code.

5. The catastrophe was not adjudicated by a court of law to be intentionally caused by a legal owner of the property.

E. Nonconforming Parcels.

1. A nonconforming parcel shall be permitted all development rights and uses of the zoning district in which it is located.

2. Development on a nonconforming parcel must comply with all setback, height, building coverage, and other applicable standards of the zoning district in which it is located.

(Ord. No. 430, § 2(Exh. A), 2-10-2026)

A. Termination by Discontinuance.

1. Nonconforming Structures. If the use of a nonconforming structure is discontinued for a period of one hundred eighty (180) or more consecutive days, or for two hundred twenty (220) or more days in any twelve-month period, the structure shall lose its legal nonconforming status and must be removed or altered to conform to the provisions of this title. In addition, the removal of a nonconforming structure shall immediately terminate the structure's legal nonconforming status.

2. Nonconforming Uses. A nonconforming use shall immediately lose its legal nonconforming status and terminate upon any of the following events:

a. The changing of a nonconforming use to a conforming use.

b. Removal of the structure housing the use.

c. Discontinuance of the nonconforming use for a period of one hundred eighty (180) or more consecutive days, or for two hundred twenty (220) or more days in any twelve-month period.

3. Structures Nonconforming Due to Use. A structure nonconforming due to use shall immediately lose its legal nonconforming status, and a nonconforming use may not thereafter resume within the structure, upon either of the following events:

a. Removal of the structure.

b. Discontinuance of the nonconforming use for a period of three hundred sixty-five (365) or more consecutive days.

4. For purposes of this section, a use shall be considered discontinued if the director determines that any of the following apply:

a. The intent of the owner to discontinue the use is apparent.

b. Characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment, and where normal occupancy and/or use has been discontinued for the applicable period prescribed in this section.

c. For commercial or industrial uses, there are no business receipts available for the applicable period prescribed in this section.

B. Termination by Operation of Law (Amortization).

1. The following nonconforming uses must be terminated within the time period indicated, which shall be measured from the effective date of this section (February 10, 2026):

a. Use of land without buildings or structures: 2 years.

b. Use involving only buildings or structures of a type for which Title 15 of this code does not require a building permit (but not including mobile home parks): 3 years.

c. Use involving only buildings or structures that contain less than one hundred (100) square feet of gross floor area, or where such buildings or structures have a total market value of five hundred dollars ($500.00) or less as reflected by the current assessment roll: 3 years.

d. Automobile/truck/RV rentals - onsite: 2 years.

e. Massage establishments: 2 years.

2. Structures nonconforming due to uses specified below shall, within the time period prescribed, be removed or be converted in a manner that renders the entire structure suitable and appropriate for a permitted use in the zoning district. The time period shall be measured from the date that construction of the structure was completed and is based on the type of construction as defined in Title 15 (Buildings and Construction) of this code. Structures nonconforming due to use that are not specified in this subsection are not subject to termination by operation of law (amortization).

a. Type I and Type II structures used as:

i. Offices, commercial buildings, and hotels/motels: 50 years.

ii. Theaters, warehouses, stores and garages: 50 years.

iii. Factories and industrial buildings: 50 years.

b. Type III structures used as:

i. Offices, commercial buildings, and hotels/motels: 40 years.

ii. Theaters, warehouses, stores and garages: 40 years.

iii. Factories and industrial buildings: 40 years.

c. Type IV and Type V structures used as:

i. Stores and factories: 25 years.

ii. Any other nonresidential use: 25 years.

(Ord. No. 430, § 2(Exh. A), 2-10-2026)

A. Amortization periods set by this chapter may be extended by the Planning Commission on a case-by-case basis. Any affected party, with approval of the property owner, may apply for an extension on a form prescribed by the director. The application may be made and accepted either before or after the date of expiration of the nonconforming use or structure. Any applicable application fee shall be set by resolution of the City Council. The Planning Commission shall hold a public hearing on the application and provide notice thereof in accordance with Section 16.58.040. If the application is granted, the Planning Commission shall, at its discretion, establish the length of the extension time.

B. The Planning Commission shall grant the extension if it finds that the private loss from termination of the use outweighs the public benefit. In considering whether to extend the amortization period for a nonconforming use, the Planning Commission shall consider the following factors:

1. The nature of the nonconforming use and the character of the structure in which it is located.

2. The location of the use and its relation to other uses in the neighborhood.

3. The length and remaining term of the lease under which the use is maintained.

4. The proportion of the individual's total business that is concerned with the use to be terminated.

5. The monopoly or advantage, if any, resulting from the fact that similar new uses are prohibited in the same area.

6. The amount of investment in improvements and the associated depreciation for income tax purposes and for other purposes.

7. The length of time that the use has been operating.

C. In considering whether to extend the amortization period for a structure nonconforming due to use, the Planning Commission shall consider the following factors in addition to those in Subsection (B):

1. The monopoly or advantage, if any, resulting from the fact that similar new structures are prohibited in the same area.

2. The amount of investment or original cost of the structure.

3. The age of the structure.

4. That salvage value of the structure.

5. Amortization and depreciation for tax purposes.

6. The time period for which the structure has been used and its remaining useful life.

D. Conditions of Approval. In approving an extension, the Planning Commission may impose conditions deemed necessary and appropriate to mitigate adverse impacts on neighboring uses and properties and on the public welfare, generally.

E. Appeal. The decision of the Planning Commission may be appealed to the City Council in accordance with Chapter 1.20. The City Council shall conduct a public hearing on the appeal and provide notice thereof in accordance with Section 16.58.040. The City Council's review shall be de novo, and its decision shall be final.

(Ord. No. 430, § 2(Exh. A), 2-10-2026)

Any nonconforming use or structure continuing beyond the date for abatement set by this chapter or by the Planning Commission, or City Council on appeal, shall be deemed a public nuisance, subject to abatement of such use or structure and prosecution either through civil or criminal action.

(Ord. No. 430, § 2(Exh. A), 2-10-2026)

Nonconforming signs shall comply with the applicable provisions contained in Chapter 16.38 of this Development Code.

(Ord. No. 430, § 2(Exh. A), 2-10-2026)

Nonconforming adult businesses shall comply with the applicable provisions contained in Chapter 16.46 of this Development Code.

(Ord. No. 430, § 2(Exh. A), 2-10-2026)