Bell Gardens — Nonconforming Uses

Last reviewed: July 1, 2026

Overview

Bell Gardens regulates nonconforming lots, uses, and structures in Chapter 9.64 of its Title 9 Zoning and Planning Regulations, setting citywide rules for how legally established but now-out-of-compliance properties may continue, expand, or terminate over time. The chapter applies only to lawful situations and excludes signs, which are handled under the city’s sign code. See the Bell Gardens zoning & planning overview and the city’s Bell Gardens Zoning framework for context.

What Bell Gardens means by “nonconforming”

• Applicability and exclusions. Only lots, uses, or structures that were lawful when established and later became inconsistent with current zoning are eligible; illegal situations and signs are excluded from Chapter 9.64.
• Definitions. The code defines “nonconforming” and related terms (e.g., “reconstruction,” “remodel,” “renovate”), which shape what work is allowed without creating a new nonconformity.
• Continuation of earlier “grandfathered” uses. Nonconforming uses that arose under the city’s pre-Title 9 framework (Ordinance No. 1 adopting L.A. County Ordinance 1494) continue subject to Chapter 9.64, with termination dates computed from when they first became nonconforming under that earlier ordinance.
• Transitional provisions. Previously granted permits continue unless revoked or terminated; prior violations did not become lawful upon adoption of Title 9.

Citywide rules for nonconforming lots, uses, and structures

• Nonconforming lots. Where an undeveloped nonconforming lot abuts another lot under the same ownership, the lots must be legally recorded as one lot within five years of the ordinance’s effective date; lots cannot be reduced in area or dimensions.
• Nonconforming uses.
  • A nonconforming use cannot be changed to another nonconforming use.
  • If discontinued for six months or more, the nonconforming use cannot be reestablished.
• Nonconforming structures (general). Structures nonconforming due to setbacks, height, distances between buildings, parking, or California Building Code requirements are not subject to the special expansion caps if the use is permitted in the zone and any new improvement complies with current regulations (including Bell Gardens Parking).
• Nonconforming residential structures.
  • Damage/destruction: may be reconstructed up to the same square footage plus an aggregate 25% if started within one year; no increase in dwelling units; must meet current parking and open space, or at least match previously existing amounts if full compliance isn’t feasible.
  • Remodel/expand: allowed up to an aggregate 25% of the original square footage, consistent with the standards of the zoning district that best characterizes the use (e.g., one unit = R-1), with any expansion beyond 25% requiring a conditional use permit (see Bell Gardens Variances and Exceptions).
• Nonconforming nonresidential structures.
  • Damage/destruction: may be reconstructed up to the same square footage plus an aggregate 25% if started within two years; must meet current standards, including parking.
  • Remodel/expand: allowed up to an aggregate 25% of existing square footage, subject to current development standards.
• Termination (amortization) schedule.
  • Nonconforming residential uses/structures are not terminated, except nonconforming mobile home parks lacking a current conditional use permit must terminate within 40 years, with up to two five‑year CUP extensions (additional time only if denial would be an unconstitutional taking).
  • Nonconforming nonresidential uses/structures must terminate within 40 years, with up to two five‑year CUP extensions per Chapter 9.50.
• Lawfully established uses newly made nonconforming by amendments. Such uses may change or expand only as provided in Chapter 9.64, and their termination date is measured from the effective date of the ordinance creating the nonconformity.
• Revocation. A nonconforming use (like a CUP or variance) can be revoked after hearing if obtained by fraud, not exercised, ceased for one year, operated contrary to conditions/law, or is detrimental to health/safety.
• Signs are governed separately. Chapter 9.64 expressly excludes signs; legally nonconforming signs have their own constraints (e.g., no expansion, no re‑establishment after certain discontinuance or major damage) under Chapter 9.40. See Bell Gardens Signage.

Intersections with other Bell Gardens chapters relevant to nonconformities

• ADUs. The city’s ADU rules state ministerial approvals cannot be conditioned on correction of nonconforming zoning conditions; processing is ministerial within defined categories. See Bell Gardens ADUs.
• Appeals and enforcement. Appeals and revocations are addressed in Chapters 9.60 and 9.62, and violations are enforced under Chapter 9.66 (misdemeanor penalties). See Bell Gardens Design Review for discretionary processes that sometimes accompany nonconformity clean-up.
• Landscaping. Projects must meet current standards where required; see Bell Gardens Landscaping and Screening.

Key nonconforming standards at a glance

District-by-district context: how nonconforming rules play out

These subsections summarize each district’s role, typical uses/standards, and how Chapter 9.64 interacts. For complete permitted-use matrices and dimensional rules, see the Bell Gardens Land Use and Bell Gardens Development Standards pages.

R-1

• Purpose/uses. Primarily one-family dwellings, with accessory and select special uses (e.g., home occupations by permit).
• Key dimensional highlights. Examples include a 35 ft primary height limit, 45% lot coverage, distances between buildings (e.g., 10 ft primary-to-primary). Unit size minima appear in the residential matrix. Verify setbacks with the city.
• Nonconforming notes. Existing single-family homes that are dimensionally nonconforming may remodel/expand up to 25% by right and reconstruct after casualty within the time and size caps noted above.

R-2

• Purpose/uses. Two-family dwellings and related residential/special uses per Table 9.10A.
• Standards. Similar to R-1 for height and lot coverage, with multi-unit density formulas provided in the residential standards matrix.
• Nonconforming notes. Duplexes that became nonconforming due to later standards follow the same 25% remodel cap and casualty reconstruction rules; unit count cannot increase through reconstruction.

R-3

• Purpose/uses. Multifamily dwellings (apartments, condos subject to special provisions).
• Standards. 35 ft height, 45% lot coverage, and tiered density factors by lot size (apartments vs. condominiums).
• Nonconforming notes. Nonconforming apartment buildings follow the same reconstruction timelines and 25% caps; increases in unit count are prohibited when rebuilding a nonconforming structure after damage.

M-U

• Purpose/uses. Mixed-use commercial/residential activities; examples in Table 9.12A include typical retail and services; transitional housing is identified in the matrix notes.
• Standards. Not found in retrieved materials for a comprehensive numeric matrix.
• Nonconforming notes. Nonconforming commercial tenant spaces in M‑U follow the 25% expansion rule for nonresidential structures; discontinued nonconforming uses ≥ six months cannot restart.

C-S

• Purpose/uses. Community-serving commercial; representative entries include retail shops and services per Table 9.12A.
• Standards. Not found in retrieved materials.
• Nonconforming notes. Older storefronts that are dimensionally nonconforming may remodel/expand within 25% under current standards; re-tenanting to a use permitted by right can proceed, but changing to a different nonconforming use is barred.

C-3

• Purpose/uses. Broader commercial, including outdoor display of certain merchandise (e.g., trailer sales) per matrix footnotes.
• Standards. Not found in retrieved materials.
• Nonconforming notes. Amortization applies to nonconforming uses; if still nonconforming after 40 years, termination or CUP extension is required.

C-4

• Purpose/uses. Higher-intensity commercial; select conditional uses like zoos; outdoor display allowances.
• Standards. Not found in retrieved materials.
• Nonconforming notes. The same 25% nonresidential remodel cap and 6‑month discontinuance rule apply.

C-M

• Purpose/uses. Commercial with limited light industrial traits (e.g., wholesale with warehousing).
• Standards. Not found in retrieved materials.
• Nonconforming notes. If a C‑M use becomes prohibited by a later amendment, its termination period runs from the amendment’s effective date; extensions require a CUP under Chapter 9.50.

M-1

• Purpose/uses. Light industrial; an extensive industrial land-use matrix lists typical manufacturing, service, and logistics uses.
• Key dimensional standards. Examples include 10,000 sf minimum lot area, 2.0 FAR max, up to 60 ft height, with side/rear yard setbacks of 0 ft unless adjacent to residential or open space (then 10 ft).
• Nonconforming notes. Nonresidential 25% expansion cap applies; casualty reconstruction must start within 2 years to retain nonconforming status.

MPD

• Purpose/uses. Manufacturing Planned Development overlay-style industrial designation listed by code; detailed standards not provided in retrieved excerpts.
• Nonconforming notes. Chapter 9.64 governs any MPD nonconformities citywide.

Overlay districts note

• The city maps a Civic Center Overlay District (CCOD) restricting certain uses (e.g., cannabis retail prohibition irrespective of underlying zoning). If an overlay change renders a lawful use nonconforming, Chapter 9.64 governs its continuation, expansion, and termination. See Bell Gardens Overlay Districts.

Practical cross-over topics to watch

• Rebuilds must meet current standards where specified (e.g., parking, open space, some dimensional items); “current” includes Title 9 and sometimes references to the California Building Standards Code via the municipal code’s development standards.
• Signs are not covered by Chapter 9.64; see Chapter 9.40 for legal nonconforming sign limits.
• ADUs receive special, ministerial processing and cannot be conditioned on correcting unrelated zoning nonconformities; see California ADU law for the state backdrop and the city’s own ADU section.

Checklist

• Confirm the situation is lawful and qualifies as “nonconforming” under § 9.64.030; exclude illegal uses/signs.
• If a nonconforming use, verify it has not been discontinued ≥ six months and is not being changed to a different nonconforming use (both are prohibited).
• If proposing a remodel/expansion of a nonconforming structure, quantify square footage to confirm it is within the 25% aggregate cap, or prepare a CUP application if exceeding the cap.
• For casualty rebuilds, confirm the start-by deadline (1 year residential; 2 years nonresidential) and that plans meet current standards (e.g., parking, open space).
• If subject to amortization (e.g., older commercial uses), determine the 40‑year termination date and whether a 5‑year CUP extension is warranted.
• If near overlays or special districts (e.g., CCOD), confirm the current land-use permissions relative to your site’s base zone and overlay.
• If ADU-related, rely on ministerial processing and note that correction of unrelated zoning nonconformities cannot be required.
• If signs are involved, use Chapter 9.40’s nonconforming sign rules, not Chapter 9.64.

Risks & Ambiguities

Plain-English Summary

If your property or use in Bell Gardens was legal when it started but no longer matches today’s zoning, you likely have a “nonconforming” situation. You can usually keep it, but you face limits: don’t switch to another nonconforming use, don’t let it sit idle for six months, and expect rebuilds to start on time and meet today’s rules. Most remodels are capped at 25% unless you get a special approval, and some older businesses eventually must wind down unless extended. Ask the city to confirm your dates and limits early.

Source References

• BGMC Title 9, Chapter 9.64, Nonconforming Lots, Uses, and Structures: §§ 9.64.010–.090 (intent, applicability, definitions, lots, uses, structures, termination, continuation, calculation of termination dates).
• BGMC Chapter 9.62, Revocations: § 9.62.010.
• BGMC Chapter 9.01, General Provisions: §§ 9.01.120–.150 (continuations, pending proceedings, violations).
• BGMC Chapter 9.40, Signs: § 9.40.090 (legal nonconforming signs).
• Residential Land Use and Standards: Table 9.10A and Table 9.10B (districts R-1, R-2, R-3).
• Commercial Land Use Matrix: Table 9.12A (zones M‑U, C‑S, C‑3, C‑4, C‑M; CCOD overlay note).
• Industrial Zones and Standards: Ch. 9.14 (zones M‑1, MPD), Table 9.14A and Table 9.14B.
• ADUs: local ministerial process and treatment of nonconforming zoning conditions (city ADU section).

Information Gaps

• Detailed numerical development standards for commercial zones M‑U, C‑S, C‑3, C‑4, C‑M: Not found in retrieved materials.
• Full text for some residential setback values (to confirm context and applicability): Verify with the jurisdiction.

Retrieved passages

• Bell Gardens Zoning Code (§ 1) High relevance show source text
• Bell Gardens Zoning Code (title or) High relevance show source text
• Bell Gardens Zoning Code (§ 1) High relevance show source text
• CBC § 1 (§ 1) High relevance show source text
• Bell Gardens Zoning Code (section plus) High relevance show source text
• Bell Gardens Zoning Code (§ 1) High relevance show source text
• Bell Gardens Zoning Code (section plus) High relevance show source text
• Bell Gardens Zoning Code (§ 1) High relevance show source text
• Bell Gardens Zoning Code (chapter shall) Medium relevance show source text
• CBC § 66314 (§ 66314) Medium relevance show source text
• Bell Gardens Zoning Code (§ 9.38.050) Medium relevance show source text
• Bell Gardens Zoning Code (chapter may) Medium relevance show source text
• Bell Gardens Zoning Code Medium relevance show source text
• Bell Gardens Zoning Code (Title 9.) Medium relevance show source text
• Bell Gardens Zoning Code Medium relevance show source text
• Bell Gardens Zoning Code (chapter may) Medium relevance show source text

Cited sections

• BGMC Title 9, Chapter 9.64, Nonconforming Lots, Uses, and Structures: §§ 9.64.010–.090 (intent, applicability, definitions, lots, uses, structures, termination, continuation, calculation of termination dates). (Title 9)
• BGMC Chapter 9.62, Revocations: § 9.62.010. (Chapter 9.62)
• BGMC Chapter 9.01, General Provisions: §§ 9.01.120–.150 (continuations, pending proceedings, violations). (Chapter 9.01)
• BGMC Chapter 9.40, Signs: § 9.40.090 (legal nonconforming signs). (Chapter 9.40)
• Residential Land Use and Standards: Table 9.10A and Table 9.10B (districts **R-1**, **R-2**, **R-3**).
• Commercial Land Use Matrix: Table 9.12A (zones **M‑U**, **C‑S**, **C‑3**, **C‑4**, **C‑M**; CCOD overlay note).
• Industrial Zones and Standards: Ch. 9.14 (zones **M‑1**, **MPD**), Table 9.14A and Table 9.14B.
• ADUs: local ministerial process and treatment of nonconforming zoning conditions (city ADU section).
• BellGardens_ZoningCode.md

• Official Bell Gardens code library