Chapter 20.38 — NONCONFORMING USES AND STRUCTURES

This chapter establishes procedures for the continuation and maintenance of existing uses and structures, except signs, that do not conform to the provisions of this Zoning Code and for the abatement of those uses that may adversely affect the general welfare of persons and property. Refer to Section 20.42.140 (Nonconforming Signs) for regulations pertaining to nonconforming signs. The purpose of this chapter is to:

A. Establish procedures and criteria for the continuation, maintenance, and expansion of
specific nonconforming uses and structures;

B. Encourage nonconforming uses and structures to become more conforming over time;

C. Reduce the number of nonconforming uses by prohibiting their reestablishment after
abandonment; and

D. Phase out nonconforming uses in residential zoning districts in compliance with the
abatement periods established in this chapter without infringing upon vested property
rights.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. Legally Established Uses and Structures. The provisions of this chapter shall apply to all legally established uses and structures that become nonconforming due to reclassification, ordinance changes, or annexations.

B. Exemptions. A structure that was legally constructed prior to October 26, 2010, shall be
exempt from the limitations identified in Section 20.38.040(G)(1) unless the structure is
nonconforming because it does not comply with the required setbacks.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. Director’s Determination. The Director shall determine the nonconforming conditions of land uses and structures.

B. Nonconforming Use. Any use determined to have been lawfully established and
maintained, but that does not conform to the use regulations or required conditions for the
zoning district in which it is located by reason of adoption or amendment of this Zoning
Code or by reason of annexation of territory to the City, shall be deemed to be a
nonconforming use.

1. A nonconforming use includes a use that was lawfully established and maintained,
but is now conditionally allowed, and has not obtained a conditional use permit or
minor use permit.

2. A use shall not be considered to have been “lawfully established and maintained” and
is an illegal use if it was established or operated without required permits and licenses,
including permits and licenses required by any Federal, State, or local government

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 20.38.030 NEWPORT BEACH CODE § 20.38.040

agency.

C. Nonconforming Structure. Any structure that was lawfully erected, but that does not
conform with the development standards for the zoning district in which it is located by
reason of adoption or amendment of this Zoning Code or by reason of annexation of
territory to the City, shall be deemed to be a legal nonconforming structure. A structure, or
any portion of a structure, shall not be considered to have been “lawfully erected” and is
illegal if it was constructed without required permits, or was constructed inconsistent with
approved plans for a required permit, including permits required by any Federal, State, or
local government agency.

D. Responsibility of Owner. When a use or structure does not conform with the applicable use
regulations or property development standards for the zoning district in which it is located,
it shall be the responsibility of the owner to provide evidence that the use or structure was
lawfully established, erected, and maintained and is nonconforming by reason of adoption
or amendment of this Zoning Code or by reason of annexation of territory to the City.

E. Illegal Use or Structure. A use or structure that was not lawfully established, erected, or
maintained is contrary to the provisions of this Zoning Code and the City may commence
proceedings for the abatement and removal of the use or structure in compliance with the
provisions of Chapter 20.68 (Enforcement).
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Nonconforming structures may be maintained, altered, or added on to only in compliance with the provisions of this section.

A. Maintenance and Repairs. Routine maintenance and repairs may be made to
nonconforming principal and accessory structures.

B. Nonstructural Alterations. Changes to interior partitions or other nonstructural
improvements may be made to nonconforming principal structures, but shall not be made
to accessory structures.

C. Structural Alterations. Structural elements, with the exception of foundations of
nonconforming principal structures (see subsection (D) of this section), may be modified,
repaired, or replaced. Structural alteration of nonconforming accessory structures is not
allowed.

D. Foundation Alterations. Maintenance and repairs may be made to foundations of
nonconforming principal structures. A foundation of a nonconforming principal structure
may be modified, retrofitted, or replaced when necessary and in conjunction with additions
allowed in compliance with subsection (G) of this section and Section 20.38.060(A). For
any alterations beyond routine repair or maintenance, the nonconforming structure shall be
required to be brought into compliance with all applicable standards and regulations of this
Zoning Code, except as provided in subsection (F) of this section. Alterations to
nonconforming accessory structures shall not be allowed.

E. Seismic Retrofits. Alterations to nonconforming structures due to seismic retrofitting
requirements are allowed in compliance with Chapter 15.07 (Earthquake Hazard Reduction
in Existing Buildings).

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 20.38.040 PLANNING AND ZONING § 20.38.040

F. Reasonable Accommodation. Improvements to a nonconforming structure that are
necessary to comply with an approved reasonable accommodation in compliance with
Section 20.52.070 (Reasonable Accommodations) shall be allowed.

G. Additions. Nonconforming structures may be expanded and the existing nonconforming
elements of the structure shall not be required to be brought into compliance with the
development standards of this Zoning Code subject to the following limitations and the
limitations provided in Section 20.38.060 (Nonconforming Parking):

1. Expansion shall be limited to a maximum of fifty (50) percent of the gross floor area of the existing structure within any ten (10) year period. Expansion of residential structures may be permitted up to a maximum of seventy-five (75) percent with a modification permit approved by the Planning Commission in compliance with Section 20.52.050 (Modification Permits) and when the following additional findings can be made: a. The existing development is a legal nonconforming structure. b. The architectural design and materials of the existing nonconforming structure and proposed addition(s) are consistent with Section 20.48.180 (Residential Development Standards and Design Criteria). c. The existing nonconforming structure and the proposed addition(s) will be compatible with the existing and allowed pattern of development for the neighborhood. d. The level of nonconformity will not pose a health and safety threat for the property owner, will not be detrimental to the neighborhood, and is consistent with the purpose and intent of Chapter 20.38 (Nonconforming Uses and Structures). e. Limiting an expansion of the gross floor area to fifty (50) percent of the existing structure would be inequitable given the specific circumstances. Gross floor area shall include existing garages and garages added in compliance with subsection (G)(5) of this section; 2. The floor area of any addition, together with the floor area of the existing structure, shall not exceed the allowed maximum floor area for the zoning district; 3. The addition shall comply with all applicable development standards and use regulations of this Zoning Code; 4. Additional parking shall be provided in compliance with Section 20.38.060 (Nonconforming Parking); and 5. The square footage of the required residential parking area additions identified below shall be excluded from the allowed expansion under subsection (G)(1) of this section, but shall be included as gross floor area.

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 20.38.040 NEWPORT BEACH CODE § 20.38.060

Required Parking Maximum Excluded Areas

One-car garage 200 square feet, maximum

Two-car garage 400 square feet, maximum

Three-car garage 600 square feet, maximum

H. Exceptions.

1. Corona del Mar and Balboa Village. Existing nonresidential structures within Corona
del Mar and Balboa Village that are nonconforming because they exceed the allowed
floor area shall be exempt from the limits of this section and may be demolished and
reconstructed to their preexisting height and floor area; provided, that not less than
the preexisting number of parking spaces is provided.

2. Landmark Structures. Landmark structures shall be exempt from the requirements of
this chapter in compliance with Section 20.38.070 (Landmark Structures).

3. R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000, and RM-6,000 Zoning Districts.
Existing principal structures within the R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000,
and RM-6,000 Zoning Districts, previously designated within the B Overlay District,
with nonconforming side yard setbacks only are exempt from the limits of this
section.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2015-3 § 1, 2015; Ord. 2022-25 § 6, 2022)

Nonconforming uses may be changed, expanded, increased, or intensified only as provided in this section.

A. Expansion and Intensification of Existing Nonconforming Uses.

1. Nonresidential Zoning Districts. In nonresidential zoning districts, and in areas where
residential uses are not allowed in Planned Community Districts or specific plan
districts, a use that was previously allowed by right, but which becomes
nonconforming because of new permit regulations, may be expanded or intensified
(e.g., increase in floor area, lot area, or occupancy load) subject to the approval of a
conditional use permit.

2. Residential Zoning Districts. A residential use that is nonconforming because it
exceeds the allowed number of units for the zoning district may be altered subject to
compliance with the provisions of Section 20.38.040 (Nonconforming Structures).

B. Change of Use. A nonconforming nonresidential use may be changed to a conforming use,
provided the change does not create or increase a deficiency in required off-street parking
except as provided in Section 20.38.060 (Nonconforming Parking).

C. Exception for Landmark Structures. The use of a landmark structure may be changed,
expanded, increased, or intensified without obtaining a conditional use permit required by
this section subject to compliance with the provisions of Section 20.38.070 (Landmark
Structures).
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2022-25 § 7, 2022)

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 20.38.060 PLANNING AND ZONING § 20.38.060

A. Residential. Where a residential structure or use is nonconforming only because it does not conform to the off-street parking requirements of this Zoning Code, only the following alterations may be allowed:

1. Number of Spaces. A residential development having less than the required number
of parking spaces per dwelling unit shall be allowed the following repairs, alterations,
and additions:

a. Repair and maintenance, interior alterations, and structural alterations, as
provided for in Section 20.38.040(A) through (F); and

b. Additions up to a maximum of ten (10) percent of the existing floor area of the
structure within a ten (10) year period as provided in Section 20.38.040(G).

2. Dimensions or Type of Parking Spaces. Residential developments that are
nonconforming because they do not have the required type of covered or enclosed
parking spaces or because amendments to this Zoning Code have changed the
dimensions of required parking spaces subsequent to the original construction of the
structure may be altered or expanded as follows:

a. All improvements and expansions allowed under subsection (A)(1) of this
section;

b. Additions larger than those allowed under subsection (A)(1) of this section may
be allowed subject to the approval of a modification permit in compliance with
Section 20.52.050 (Modification Permits).

3. Exception for Cottage Preservation. For the purposes of eligibility as a “cottage” for
this section, the existing development prior to the addition shall consist of either a
residential single-unit dwelling, duplex, or triplex, with individual unit sizes of one
thousand five hundred (1,500) square feet or less, and does not exceed one story and
sixteen (16) feet in height on the front half of the lot, and does not exceed two stories
and twenty-four (24) feet in height on the rear half of the lot. Notwithstanding the
provisions of subsections (A)(1)(b) and (2)(b) of this section, additions of up to fifty
(50) percent of the existing floor area of the structure, but no more than seven hundred
fifty (750) square feet, are permitted for a cottage that complies with the following
criteria:

a. The floor area of any addition, together with the floor area of the existing
structure, shall not exceed the allowed maximum floor area for the zoning
district where the property is located;

b. The addition shall comply with all applicable development standards and use regulations of this Zoning Code;

c. The square footage of residential parking area additions identified below shall
be excluded from the allowed expansion under this subsection (A)(3), but shall
be included as gross floor area;

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 20.38.060 NEWPORT BEACH CODE § 20.38.060

Required Parking Maximum Excluded Areas

One-car garage 200 square feet

Two-car garage 400 square feet

Three-car garage 600 square feet

d. The height of the residential structure including the cottage addition shall not
exceed the following, regardless of roof pitch:

i. Front half of lot: single story with a maximum height of sixteen (16) feet;
and

ii. Rear half of lot: two story with a maximum height of twenty-four (24) feet;

e. The residential structure shall not include a third-floor deck;

f. Outside the coastal zone, dwellings within the residential development shall not
be rented for periods of thirty (30) days or less. Refer to Section
21.38.060(A)(4)(f) of this section for short term lodging allowances for
developments within the coastal zone; and

g. Deed Restriction and Recordation Required. Prior to the issuance of a building
permit for a cottage preservation project, the property owner shall record a deed
restriction with the Orange County Recorder’s Office, the form and content of
which is satisfactory to the City Attorney, agreeing to maintain the property
consistent with the limitations specified above for cottage preservation and the
restrictions on short-term lodging. The deed restriction document shall notify
future owners of the restriction. This deed restriction shall remain in effect so
long as the cottage preservation project exists on the property.

B. Nonresidential. Where nonresidential structures and uses are nonconforming because they
do not provide the required number of parking spaces the following provisions shall apply:

1. Change of Use. A nonconforming use in a nonresidential zoning district, and in areas where residential uses are not allowed in Planned Community Districts or specific plan districts, may be changed to a new use allowed in that zoning district without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area, or lot area) occurs and the new use requires a parking rate of no more than one space per two hundred fifty (250) square feet of gross building area. 2. Repair, Maintenance, and Alterations. Repair, maintenance, and alterations to nonconforming structures and uses shall be allowed as provided in Section 20.38.040(A) through (G). 3. Addition to Structure or Intensification of Use. A nonconforming structure or use may be enlarged by up to ten (10) percent of its existing gross floor area, or a nonconforming use may be changed to a new use that requires additional parking under the following conditions: a. Required parking for the additional square footage is provided; or b. If the new use requires more parking than the nonconforming use, the new use

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 20.38.060 PLANNING AND ZONING § 20.38.070

shall only be required to provide additional parking equal to the difference
between the two; or

c. A reduction in the number of required parking spaces is approved in compliance
with the provisions of this Zoning Code.

4. Demolition of Structure. All rights with regard to nonconforming parking shall be lost
for a structure that is voluntarily demolished, except as provided in Section
20.38.040(H) (Exceptions).
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2020-4 § 2, 2020; Ord. 2022-2 § 1, 2022; Ord.
2023-23 § 1 (Exh. A § 20), 2023)

A. Purpose. The purpose of this section is to help preserve historic structures, encourage their adaptive reuse, and revitalize the older commercial areas in which they are located by granting relief from restrictions on nonconforming structures and uses and by maintaining the principal use and minimizing impacts on the surrounding area.

B. Applicability. The following types of structures are recognized as having importance to the
history and architecture of the City and are collectively designated as landmark structures:

1. Landmark Theaters. The term “landmark theaters” shall mean a structure constructed
for use as a cinema or theater that was constructed on or before December 12, 1950;
has a single screen or stage; and was designed to seat more than three hundred (300)
people.

2. Landmark Structure. The term “landmark structure” shall mean a structure listed on
the National Register of Historic Places, constructed on or before December 12, 1950.

C. Exemptions. Changes in use and structural alterations to a landmark structure shall be
exempt from the requirements of this chapter in compliance with the following.

1. Change of Use.

a. The principal use of a landmark structure may be changed, modified, increased,
or intensified without obtaining a discretionary permit subject to compliance
with the conditions of subsection (D) of this section, and regardless of whether
the use has been discontinued for a period of time.

b. An accessory use may be initiated, increased, or intensified without obtaining a
discretionary permit subject to compliance with the conditions of subsection (D)
of this section.

c. For purposes of this section, the term “principal use of a landmark theater” shall
mean the display of motion pictures and similar entertainment uses that occurred
on a regular basis within the structure from its inception to January 1, 2003.

d. For the purposes of this section, the term “principal use of a landmark structure”
shall be the use that occupied the greatest amount of floor area as of January 1,
2003.

e. For purposes of this section, the term “accessory use” shall mean a use that is

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 20.38.070 NEWPORT BEACH CODE § 20.38.080

allowed in the zoning district in which the landmark structure is located.

2. Alterations. Structural alterations may be made to a landmark structure without obtaining a discretionary permit subject to compliance with the conditions of subsection (D) of this section.

D. Conditions. The exemptions specified in subsection (C) of this section are applicable on the
following conditions:

1. A new use that is initiated and a use that is intensified by way of a change in
operational characteristics shall be an accessory use and remain subordinate to the
principal use of the landmark structure;

2. The principal use of the landmark structure shall occupy at least seventy (70) percent
of the gross floor area of the structure;

3. Any permit required by other titles of the Municipal Code (other than this title) shall
be obtained before the initiation or intensification of an accessory use of a landmark
structure;

4. Accessory uses in any landmark theater shall be conducted only between the hours of
8:00 a.m. and 12:00 a.m.;

5. The required off-street parking of all uses after any additions, intensification,
modification, or expansion (including credit for reductions in off-street parking
resulting from the elimination of accessory uses existing on January 1, 2003) is less
than the required off-street parking for the principal and accessory uses prior to any
additions, intensification, modification or expansion; and

6. The facade and exterior architectural features of the landmark structure are restored
to substantially their original condition as determined by the Director and the exterior
walls remain in substantially the same location as they existed on January 1, 2003.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2025-14 § 1 (Exh. A § 14), 2025)

A. Nonconforming Use. A nonconforming use occupying land, a conforming structure, or a portion of a conforming structure that is involuntarily damaged or destroyed may be reestablished; provided, that:

1. Restoration work is commenced within twelve (12) months of the date of damage,
unless otherwise allowed by the Director, and is diligently pursued to completion; and

2. An abatement period for the nonconforming use has not been established in
compliance with Section 20.38.100 (Abatement Periods).

B. Nonconforming Structure.

1. Determination of Replacement Cost. The replacement cost of the structure shall be
determined by the Building Official. However, the Building Official shall accept the
appraised replacement cost of the structure as determined by an independent, licensed
appraiser retained by the property owner.

2. Up to Seventy-Five (75) Percent Damage or Destruction. A nonconforming structure

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 20.38.080 PLANNING AND ZONING § 20.38.090

that is involuntarily damaged or destroyed may be repaired, restored, or rebuilt if
the cost of the repair or restoration is less than seventy-five (75) percent of the
replacement cost of the entire structure. The rights conferred by this section are
contingent upon diligent application for a building permit after the damage occurs and
diligent pursuit of repairs or rebuilding to completion.

3. Greater than Seventy-Five (75) Percent Damage or Destruction. If a nonconforming
structure is involuntarily damaged or destroyed to an extent of more than seventy-five
(75) percent of its replacement cost, the nonconformity may be restored to its original
condition subject to the approval of a minor use permit. An application for the minor
use permit shall be made within twelve (12) months after the damage or destruction
occurs.

C. Aging and Deterioration. The provisions of this section shall not allow replacement of
nonconforming conditions in structures damaged by ongoing natural processes (e.g., dry
rot or termites) or that have deteriorated due to age and lack of maintenance.

D. Condominium Units. When a minor use permit is required for replacement or repair of
condominium units that are involuntarily damaged or destroyed no reduction in the number
of units shall be required. The replacement units shall be permitted to be equivalent in size
and location to the units that were damaged or destroyed.

E. Exceptions for Corona del Mar and Balboa Village. Existing nonresidential structures within Corona del Mar and Balboa Village that are nonconforming because they exceed the allowed floor area shall be exempt from the limits of this section and may be demolished and reconstructed to their preexisting height and floor area; provided, that not less than the preexisting number of parking spaces is provided. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. Nonconforming Use. Unless otherwise provided in this chapter a nonconforming use, or nonconforming operational characteristic of a use, shall cease operations, shall not be reestablished, and shall lose its nonconforming right when one or more of the following conditions occur:

1. The use, or nonconforming operational characteristic of a use, is discontinued for one
hundred eighty (180) consecutive days, except as provided in subsection (C) of this
section;

2. The use, or nonconforming operational characteristic of a use, is converted to a
conforming use;

3. The use, or nonconforming operational characteristic of a use, is enlarged, extended,
expanded (e.g., increase in floor area, lot area, or occupancy load), or changed to
increase its nonconformity with the regulations of this Zoning Code without first
obtaining required approvals; or

4. The abatement period specified for the nonconforming use has expired as identified
in Section 20.38.100 (Abatement Periods).

B. Demolition of Structure. All rights with regard to maintaining nonconforming status of a

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 20.38.090 NEWPORT BEACH CODE § 20.38.100

structure or nonconforming parking shall be lost for a structure that is voluntarily
demolished, except as provided in Section 20.38.040(H) (Exceptions).

C. Exceptions.

1. In nonresidential zoning districts, and in areas where residential uses are not allowed
in Planned Community Districts or specific plan districts, a nonconforming use that
has been discontinued for one hundred eighty (180) days or more may be
reestablished subject to the approval of the Director when all of the following findings
are made:

a. The use is allowed by right, but is nonconforming only because it does not
conform to one or more of the standards for specific land uses, including
parking;

b. The property or structure where the nonconforming use is located contains a
substantial investment because of the structural design, equipment, or fixtures
that are unique to and necessary for the operation of the former use; and

c. The property owner has made a good faith effort to reestablish the use and has
maintained the property in a manner to prevent unsafe or unsightly conditions
during the period of inactivity.

2. A nonconforming use that has been discontinued for one hundred eighty (180) days or more may be reestablished when located within a landmark structure, in compliance with the requirements of Section 20.38.070 (Landmark Structures). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. Nonconforming uses shall be abated and terminated upon the expiration of the periods of time identified in this section.

B. All Zoning Districts When No Structure Is Involved. Nonconforming uses of land located
in any zoning district, Planned Community District, or specific plan district that do not
involve the use of a structure shall be discontinued within one year of becoming
nonconforming.

C. Residential Zoning Districts Involving a Structure. In residential zoning districts or in an
area where residential uses are allowed in Planned Community Districts or specific plan
districts, a nonconforming use of land involving a structure shall be discontinued as
follows:

1. Abatement Period. A nonconforming use of land involving a structure in a residential
zoning district shall be discontinued on the earliest date as follows:

a. Within one year; or

b. Upon the expiration of the term of a lease on the property. Any lease shall be the
last lease entered into for the subject property prior to December 7, 2007; or

c. Upon the expiration of a current operating license that is required by State law.

2. Order of Abatement. Whenever the Director finds that any of the conditions exist that

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 20.38.100 PLANNING AND ZONING § 20.38.100

are identified in subsection (C)(1) of this section, the Director shall issue a written
order of abatement to the property owners and all persons in possession of the
property. The owner and/or person in possession shall comply within the time and in
the manner stated in the order.

3. Exception. Multifamily and two-family residential uses located in residential zoning
districts and in areas where residential uses are allowed in Planned Community
Districts or specific plan districts that are nonconforming only in terms of their
number of units or parking shall not be subject to abatement.

4. Extension of Abatement Period. Following the issuance of an abatement order by the
Director, a property owner may request an extension of the abatement period in order
to amortize the property owner’s investment and to avoid a potential taking of
property either under the procedure outlined in this subsection or under the procedure
outlined in subsection (C)(5) of this section (Extension of Abatement Period for
Residential Care Facility).

a. Application Requirements. An application for an extension of the abatement
period shall be filed with the Department no later than ninety (90) days prior to
the expiration of the abatement period as specified in this section. The
application shall include the following information in addition to other
information required by the Department:

i. The length of the requested extension of the abatement period; and

ii. Evidence in support of the findings included in subsection (C)(4)(c) of this
section (Findings and Considerations).

b. Hearing Officer Hearing and Action.

i. The Hearing Officer, as provided in Section 20.60.040 (Hearing Officer),
shall be the review authority for applications for requests of extensions to
abatement periods for nonconforming uses in residential zoning districts
and in Planned Community Districts or specific plan districts where
residential uses are allowed.

ii. The Hearing Officer shall conduct a public hearing on the request in
compliance with Chapter 20.62 (Public Hearings).

iii. The Hearing Officer, by resolution, shall approve, conditionally approve,
or deny the request for an extension to the abatement period. The
resolution shall include: findings of fact; evidence presented of economic
hardship arising from the abatement proceedings; the nonconformity’s
impact on the community; and other factors that may affect the length of
the abatement period required to avoid an unconstitutional taking.

c. Findings and Considerations. In reviewing an application for an extension to the
abatement period the Hearing Officer shall consider the following:

i. Length of the abatement period in relation to the owner’s investment in the
use;

ii. Length of time the use was operating prior to the date of nonconformity;

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 20.38.100 NEWPORT BEACH CODE § 20.38.100

iii. Suitability of the structure for an alternative use;

iv. Harm to the public if the use remains beyond the abatement period; and

v. Cost and feasibility of relocating the use to another site.

d. Notice to Owner. Following the hearing, the Department shall send a copy of
the Hearing Officer’s action to the owner of the property within ten (10) days
following the date of the Commission’s action.

e. Appeals. Refer to subsection (F) of this section.

5. Extension of Abatement Period for Residential Care Facility. The abatement period
for a residential care facility may be extended upon approval of an application by the
Director under one or both of the circumstances outlined below. An application for an
extension under this subsection is separate and apart from an application for an
extension under subsection (C)(4) of this section. A residential care facility may apply
for an extension under either or both procedures:

a. When the owner or occupant has applied for a conditional use permit (Section
20.52.020) or reasonable accommodation (Section 20.52.070) in a timely
manner and is diligently pursuing the applicable process, as determined by the
Director; or

b. When the business owner or occupant is contractually obligated to continue the
provision of a program or service for one or more persons so long as any existing
contract provides for a normal and customary term for the provision of those
services. No term shall exceed sixty (60) days.

D. Nonresidential Zoning Districts Involving a Structure.

1. Abatement Period. In nonresidential zoning districts, and in areas where residential
uses are not allowed in Planned Community Districts or specific plan districts, a
nonconforming use of land involving a structure shall be discontinued within ten (10)
years after the Commission determines that the orderly termination of the
nonconforming use is necessary to promote the health, safety, and general welfare
and to comply with the provisions of the Zoning Code and goals and policies of the
General Plan.

2. Order of Abatement. Whenever the Commission determines that the abatement of a
nonconforming use is necessary in compliance with subsection (D)(1) of this section,
the Director shall issue a written order of abatement to the property owners and all
persons in possession of the property. The owners and/or persons in possession shall
comply within the time and in the manner stated in the order.

3. Exceptions. The abatement period specified in subsection (D)(2) of this section shall
not apply except in the following circumstances:

a. A different abatement period is specified in a Planned Community District or
specific plan district; or

b. The use is located in a landmark structure that is subject to the provisions of
Section 20.38.070 (Landmark Structures), in which case there shall be no

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 20.38.100 PLANNING AND ZONING § 20.38.100

abatement period.

4. Extension of Abatement Period. Following the issuance of an abatement order by the
Director, a property owner may request an extension of the abatement period in order
to amortize the property owner’s investment and to avoid a potential taking of
property.

a. Application Requirements. An application for an extension of the abatement
period shall be filed with the Department no later than ninety (90) days prior to
the expiration of the abatement period as specified in this section. The
application shall include the following information in addition to other
information required by the Department:

i. The length of the requested extension of the abatement period; and

ii. Evidence in support of the findings included in subsection (D)(4)(c) of this
section (Findings and Considerations).

b. Commission Hearing and Action.

i. The Commission shall be the review authority for applications for requests
of extensions to abatement periods for nonconforming uses in
nonresidential zoning districts and in Planned Community Districts or
specific plan districts where residential uses are not allowed.

ii. The Commission shall conduct a public hearing in compliance with
Chapter 20.62 (Public Hearings).

iii. The Commission shall evaluate evidence presented of economic hardship arising from the abatement proceedings, the nonconformity’s impact on the community, and other factors provided in subsection (D)(4)(c) of this section that may affect the length of the abatement period required to avoid an unconstitutional taking.

iv. The Commission shall approve, conditionally approve, or deny the request
for an extension to the abatement period only as required to avoid an
unconstitutional taking of property.

c. Findings and Considerations. In reviewing an application for an extension to the
abatement period the Commission shall consider the following:

i. Length of the abatement period in relation to the owner’s investment in the
use;

ii. Length of time the use was operating prior to the date of nonconformity;

iii. Suitability of the structure for an alternative use;

iv. Harm to the public if the use remains beyond the abatement period;

v. Cost and feasibility of relocating the use to another site; and

vi. Other evidence relevant to the determination of whether an extension of
the abatement period is required to avoid an unconstitutional taking of

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 20.38.100 NEWPORT BEACH CODE § 20.38.100

property.

d. Notice to Owner. Following the hearing, the Department shall send a copy of
the Commission’s action to the owner of the property within ten (10) days
following the date of the Commission’s action.

E. Enforcement. The City shall enforce the provisions of this chapter by civil action,
utilization of the procedures in Chapter 20.68 (Enforcement), or any other proceedings or
methods permitted by law.

F. Appeals.

1. Decisions of the Director, Zoning Administrator, Hearing Officer, or Commission
may be appealed in compliance with the procedures established in Chapter 20.64
(Appeals).

2. Council hearings on appeals of the Hearing Officer’s decision shall not be de novo and the City Council shall determine whether the findings made by the Hearing Officer are supported by substantial evidence presented during the evidentiary hearing. The City Council, acting as the appellate body, may sustain, reverse, or modify the decision of the Hearing Officer or remand the matter for further consideration. The remand shall include specific issues to be considered or a direction for a de novo hearing. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 20.40.010 PLANNING AND ZONING § 20.40.030