Local zoning · Buena Park

Buena Park — Nonconforming Uses

Q: What happens to a nonconforming commercial building in Buena Park if I want to expand my retail space?

An expansion that increases floor area beyond 50% of the existing floor area may trigger a requirement to remove or reduce any nonconforming encroachments into yards or open spaces and to bring associated site elements (landscaping, parking) into conformance; the city reviews such cases per § 19.204.200(B) and Chapter 19.128 procedures .

Q: How long can a nonconforming industrial sign remain before the city requires it to conform?

Time limits depend on the sign type: permit‑exempt signs must be removed or conformed within 1 year , off‑premises signs (billboards) within 3 years , and other nonconforming signs within 5 years — see § 19.204.230 for the specific breakdown and any structural‑safety exceptions .

Q: If my multifamily lot in **RM‑20** is narrower than 100 ft, can I still build?

Possibly. § 19.448.020 defines a non‑conforming RM‑20 lot as less than 100 ft width or 12,500 sq ft , allows development with density reduced by formula (percent reductions per foot/sq ft shortfall), and requires a Site Plan Review that demonstrates shared common areas, circulation, and parking arrangements § 19.448.020(C–D) .

Q: What if I want the city to allow more time for a nonconforming privilege or to expand it?

You must apply under § 19.132.020 (Extension or Termination of Nonconforming Privilege). The process requires an application by the owner, at least one public hearing before the Planning Commission, mailed notice to owners within 300 feet, and findings balancing public interest and private vested interest; conditions may be imposed and the decision may be appealed per the ordinance .

Q: If my nonconforming use has been closed for a few months, when is it permanently terminated?

A nonconforming use discontinued for 180 consecutive days generally has its nonconforming rights terminated (unless another discontinuance period is specified elsewhere in the code) — see § 19.204.190 ; always verify any special provisions that apply to the particular use (e.g., mobilehome parks have special rules) .

Q: Does Buena Park’s zoning code treat residential and commercial nonconforming buildings differently?

Yes. Residential buildings designed and occupied for housing may continue indefinitely without increasing units ( § 19.204.100(A) ), while nonresidential buildings designed only for nonconforming uses are subject to time limits and amortization as listed in Table 19.204.100 and § 19.204.100(B) .

Nonconforming Uses under the Buena Park local zoning and planning code, with the controlling citations.

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Last reviewed: July 1, 2026

Overview

This page summarizes how the City of Buena Park treats nonconforming uses, nonconforming structures, and nonconforming lots under the local zoning ordinance (Title 19). It interprets the city’s special timelines, repair/expansion rules, and procedural paths (adjustment, extension, termination) and points to the exact controlling code sections. For background zoning maps and district definitions see the Buena Park zoning & planning overview and the City's Zoning pages.

How Buena Park’s code works (big picture)

The local rules governing legally-established-but-now-illegal situations are consolidated in Chapter 19.204, “Nonconforming Uses and Sites.” The chapter defines applicability, what may continue, what must be amortized, and what may be repaired, altered, or terminated (see § 19.204.010 and related sections) .
Administrative remedies and discretionary exceptions (extension, expansion, or earlier termination) are handled through the formal procedure in § 19.132.020 (Extension or Termination of Nonconforming Privilege). That procedure requires a public hearing and findings by the Planning Commission and allows conditions to be imposed on any allowance to continue or expand the nonconforming situation .
Minor deviations (practical, nondetrimental adjustments to development standards) are available through the zoning adjustment process under § 19.128.080 (useful for small yard encroachments, minor height relief, or parking reductions) .

District-by-district notes (where nonconformities commonly matter)

Below are Buena Park districts and the specific local code language you’ll use when evaluating a nonconforming situation. Where the code gives zone-specific rules for nonconforming lots or development, that is called out.

Note: for general dimensional standards, see the City’s Development Standards page; for parking-related impacts, see the Buena Park Parking page. If you plan changes that might trigger design review, consult the Design Review guidance; if you think a zoning adjustment or extension is necessary, consult the Variances and Exceptions page.

RS (single‑family residential — e.g., RS‑6, RS‑8, RS‑10, RS‑16)

Purpose / typical uses: traditional single‑family homes, accessory structures; standards are in Chapter 19.320 for yards and related encroachments (setbacks and accessory building rules) .
Key dimensional standards (examples): front yard 20 ft, side yards 5–10 ft depending on RS subclass, rear yard 25 ft (see § 19.320.010 for full table) .
Nonconforming rules: existing residential buildings may continue indefinitely so long as the number of units does not increase (residential buildings: § 19.204.100(A)) and repairs are allowed so long as the work does not exceed 50% of replacement cost (§ 19.204.040) .
Where it applies: citywide RS zones; use the RS setback tables and Chapter 19.204 to determine whether an existing home or accessory structure is a nonconformity and what repair/alteration is allowed .

RM‑10 and RM‑20 (multifamily residential)

Purpose / typical uses: multifamily housing, small apartment projects; RM‑20 is higher density. Multifamily permitted-use lists and development policies are in the RM chapters (see zone tables) .
Key dimensional standards: multifamily setbacks and open‑space rules apply; RM‑20 has special provisions for non‑conforming lot width/area (see § 19.448.020) which define a non‑conforming lot as less than 100 ft width and/or 12,500 sq ft area and require a Site Plan Review if developing a non‑conforming lot in RM‑20 .
Nonconforming rules: single‑family uses previously approved within RM zones are legal nonconforming but may be lost if ≥20% of the building is destroyed; specific multifamily rules for nonconforming lots and density reduction factors are in § 19.448.020 .
Where it applies: RM zones across the city; special RM‑20 path requires Site Plan Review for nonconforming lots § 19.448.020(D) .

CR (Commercial Regional / Regional Commercial Centers)

Purpose / typical uses: large retail and regional commercial centers; the CR chapter sets policies encouraging coordinated master planning (see § 19.556.010) .
Key dimensional standards: CR-specific development standards are in Chapter 19.556; deviations for master-planned centers may be permitted under that chapter when justified by unified design § 19.556.010 .
Nonconforming rules: commercial nonconforming encroachments into yards are generally allowed to continue indefinitely, but in commercial zones the city may require removal or reduction when an expansion over 50% of floor area is proposed (see § 19.204.200(B)) .
Where it applies: large commercial parcels designated CR across the city; expansions that would increase floor area >50% are a trigger for review under Chapter 19.128 and § 19.204.200(B) .

AR (Amusement Resort)

Purpose / typical uses: amusement‑resort uses (the city treats this zone with special rules). AR is recognized in the code (and appears in targeted chapters such as wireless facility rules) .
Nonconforming rules: wireless and similar facilities located in AR are treated specially in other chapters; general nonconforming rules in Chapter 19.204 still apply (e.g., continuation, termination, or required conformance) .
Where it applies: the Amusement Resort area of Buena Park (verify parcel‑specific rules with staff) — Verify with the jurisdiction.

PD (Planned Development)

Purpose / typical uses: PD approvals establish a specific set of permitted uses and design standards for a particular development; PD approvals themselves may create nonconforming privileges if later code changes conflict with the PD approval (see § 19.412.020 and notes in permitted‑use tables) .
Nonconforming rules: any previously‑granted special approvals are treated as approved conditional use permits/variances for purposes of Chapter 19.204; if conditions create nonconformities they are regulated by Chapter 19.204 .
Where it applies: site‑specific PD areas — consult your PD ordinance and Chapter 19.204 for nonconforming privilege treatment .

Quick reference table — most decision‑relevant nonconforming rules

Issue / Standard	What it means in practice	Code Reference
Continuation of lawful nonconforming uses	Legal nonconforming uses may often continue; mere change of ownership does not terminate rights	§ 19.204.010
Repair after accidental damage	Repairs allowed if cost ≤ 50% of replacement cost; successive damage counts cumulatively	§ 19.204.040
Buildings designed only for nonconforming uses	Residential buildings: may continue indefinitely (no increase in units); nonresidential buildings of nonconforming design must be made conforming within time limits in Table 19.204.100	§ 19.204.100 & Table 19.204.100
Nonconforming building/yard encroachments	Generally may continue indefinitely; in commercial zones the city can require removal on significant expansions (>50% floor area)	§ 19.204.110; § 19.204.200(B)
Discontinued / abandoned use	A nonconforming use discontinued for 180 consecutive days loses its nonconforming rights (unless another period is specified)	§ 19.204.190
Nonconforming land (lot size/width)	Lawfully‑created nonconforming lots may continue and be developed as if conforming, except RM‑10/RM‑20 have extra limits (RM‑20 requires conformity for multi‑family development)	§ 19.204.090; § 19.448.020
Sign amortization	Permit‑exempt signs: 1 year; off‑premises signs: 3 years; other signs: 5 years to conform	§ 19.204.230
Special uses (mobilehome parks, animal keeping)	Mobilehome/recreation vehicle park: terminated within 20 years; Animal keeping: must be conformed/terminated within 3 years	§ 19.204.160; § 19.204.170

Practical guidance & interpretation (plain-English synthesis)

If the use/structure was legal when established, Buena Park generally lets it continue but places limits on repairs, rebuilding after damage, and expansions; the key chapters are Chapter 19.204 and the extension/termination procedure in § 19.132.020 (public hearing required for exceptions) .
Residential buildings are treated more leniently than some commercial or industrial nonconformities: residential buildings built for housing may continue indefinitely so long as unit counts do not increase (§ 19.204.100(A)) whereas nonresidential nonconforming buildings of a nonconforming design face time limits in Table 19.204.100 to bring design/usages into conformance (§ 19.204.100(B)) .
Any expansion or intensification is the common "point of no return": expansions frequently require full conformance of the expanded elements (parking, access, landscaping) and the city may require that yard encroachments or outdoor storage be eliminated when floor‑area expansion exceeds 50% in commercial contexts (§ 19.204.200(B)) .
For multifamily lots in RM‑20, nonconforming lot width/area has specific procedures and a Site Plan Review requirement; density is reduced by formula when lot width/area are below the RM‑20 thresholds (§ 19.448.020) .

Checklist (what an applicant must confirm / submit)

Confirm the property’s zone and the date the use/structure became nonconforming (establish lawful status at time of original establishment) — see § 19.204.010 .
Determine whether the building is “designed for” the nonconforming use (affects whether nonresidential design must be amortized per Table 19.204.100) — see § 19.204.100 .
If repairs are needed after damage, confirm repair cost is ≤ 50% of replacement cost (Building Official estimates) to qualify for repair rather than demolition/rebuild § 19.204.040 .
For expansions/alterations: prepare a checklist showing that the change is either fully conforming, a minor non‑intensifying repair, required by law, or otherwise authorized under Title 19 (§ 19.204.020) .
If you seek more time, expansion of area devoted to the nonconforming use, or a change to another nonconformity, prepare a complete application for the Extension or Termination of Nonconforming Privilege hearing under § 19.132.020 (public hearing & findings required) .
If you need small relief from dimensional standards (yard encroachment, minor height increase, parking reduction), consider a zoning adjustment under § 19.128.080 and include drawings showing the exact deviation requested .
If the lot is RM‑20 and nonconforming for lot width/area, prepare the Site Plan contents required by § 19.448.020(D) (adjacent-lot info, circulation, parking) .
Include plans to bring site elements (parking, landscaping, fences) toward conformance if the proposed work triggers review under Chapter 19.128 or the Zoning Administrator/PC determines upgrades are required (§ 19.204.210–240) .

Risks & Ambiguities

Issue	Why it matters	What to verify
Duration / amortization schedules for nonresidential designs	Some nonresidential buildings of nonconforming design face numerical time limits (Table 19.204.100) that could force removal or conversion	Verify the building classification and applicable row in Table 19.204.100 and confirm construction date with Building Division (see § 19.204.100)
Whether a use was “discontinued”	180 consecutive days of discontinuance generally terminates nonconforming rights; short‑term closures can therefore be risky	Confirm exact activity dates and any code exceptions; see § 19.204.190
Expansion triggers (50% floor‑area threshold in commercial zones)	Expanding beyond thresholds often forces full conformance of yard/encroachment items	For commercial properties, compute existing vs proposed floor area and review § 19.204.200(B)
RM‑20 nonconforming lot calculations	Density is reduced by percent factors based on how far the lot is short of RM‑20 standards; mistakes can under/overstate allowable units	For RM‑20 see § 19.448.020(C) and require Site Plan Review § 19.448.020(D)
ADU & nonconforming zoning interaction	State ADU law limits a city’s ability to deny ADUs because of nonconforming zoning conditions — Buena Park code does not explicitly address ADUs versus nonconformities	Buena Park ordinance text on nonconforming ADU specifics: Not found in retrieved materials. See state ADU guidance in the provided handbook for general rules; verify with City staff and the Buena Park ADUs page
Parcel‑specific interpretation (is this a nonconformity?)	Many code definitions require factual determinations (dates, prior approvals, conditional permits)	Verify with the jurisdiction — request zoning confirmation / historic permit search from Community Development; see § 19.204.010 for applicability

Plain-English Summary

If a use or building was legal when it was put there, Buena Park will usually let it keep operating, but the code limits repairs, rebuilding, and expansions — larger changes or long idle periods can end the nonconforming right and the city can require the use or structure to be brought into compliance (see especially Chapter 19.204 and the extension/termination rules in § 19.132.020) .

Source References

Buena Park Municipal Code, Chapter 19.204, Division 2 — Nonconforming Uses and Sites: § 19.204.010 et seq.
Table 19.204.100 and § 19.204.100 — Buildings designed for nonconforming uses (time limits)
§ 19.204.040 — Repair of accidental damage (50% rule)
§ 19.204.190 — Discontinued use (180‑day rule)
§ 19.204.200 — Yard / open space nonconformities (commercial 50% expansion trigger)
§ 19.204.240 — Nonconformities as to vehicular provisions (parking/access rules)
§ 19.132.020 — Extension or Termination of Nonconforming Privilege (process and findings)
§ 19.128.080 — Zoning Adjustment (minor deviations)
§ 19.320.010 — Residential setbacks and yard tables (RS zones)
§ 19.448.020 — Multifamily development rules for RM‑20 nonconforming lots (density reduction + site plan)
§ 19.556.010 — Intent/policy for Regional Commercial (CR zone)
California ADU guidance (state handbook provided): guidance on ADUs and zoning nonconformance (state context; Buena Park code does not explicitly treat ADU/nonconforming interactions)

Sources

Retrieved passages

Buena Park Zoning Code (Title or) High relevance
Buena Park Zoning Code (§ 19.204.160.) High relevance
CBC § 4 (§ 4) High relevance
Buena Park Zoning Code (§ 19.204.210.) High relevance
CBC § 19.204.060 (§ 19.204.060.) High relevance
Buena Park Zoning Code (§ 19.204.110.) High relevance
Buena Park Zoning Code (§ 19.204.020.) High relevance
Buena Park Zoning Code (§ 19.204.040.) High relevance
Buena Park Zoning Code (§ 19.448.020.) Medium relevance
Buena Park Zoning Code (§ 66314) Medium relevance
CBC § 66314 (§ 66314) Medium relevance
Buena Park Zoning Code (§ 66333) Medium relevance
Buena Park Zoning Code (§ 19.128.080.) Medium relevance
CBC § 66321 (§ 66321) Medium relevance
Buena Park Zoning Code (Chapter 19.320.) Medium relevance

Cited sections

Official Buena Park code library

Frequently asked questions

What happens to a nonconforming commercial building in Buena Park if I want to expand my retail space?

An expansion that increases floor area beyond 50% of the existing floor area may trigger a requirement to remove or reduce any nonconforming encroachments into yards or open spaces and to bring associated site elements (landscaping, parking) into conformance; the city reviews such cases per § 19.204.200(B) and Chapter 19.128 procedures .

Can a legally existing single‑family house that sits inside an RS zone but encroaches into the front yard be repaired or enlarged?

Yes — an existing residential building that is lawfully established may continue indefinitely (no unit increase) and may be repaired, subject to the 50% repair‑cost limitation for accidental damage; minor enlargements that do not increase nonconformity may be allowed under § 19.204.100(A) and § 19.204.040; small practical deviations are handled via § 19.128.080 (zoning adjustment) where applicable .

How long can a nonconforming industrial sign remain before the city requires it to conform?

Time limits depend on the sign type: permit‑exempt signs must be removed or conformed within 1 year, off‑premises signs (billboards) within 3 years, and other nonconforming signs within 5 years — see § 19.204.230 for the specific breakdown and any structural‑safety exceptions .

If my multifamily lot in **RM‑20** is narrower than 100 ft, can I still build?

Possibly. § 19.448.020 defines a non‑conforming RM‑20 lot as less than 100 ft width or 12,500 sq ft, allows development with density reduced by formula (percent reductions per foot/sq ft shortfall), and requires a Site Plan Review that demonstrates shared common areas, circulation, and parking arrangements § 19.448.020(C–D) .

Can I fix a nonconforming driveway or parking layout if I remodel my shop?

Nonconforming driveways and parking may continue indefinitely, but with any expansion or intensification of use the access and parking serving the expanded use must be made fully conforming; certain rebuilding of drive‑ins/auto service stations that exceed 50% replacement value also triggers full compliance for driveways § 19.204.240(B–C) .

What if I want the city to allow more time for a nonconforming privilege or to expand it?

You must apply under § 19.132.020 (Extension or Termination of Nonconforming Privilege). The process requires an application by the owner, at least one public hearing before the Planning Commission, mailed notice to owners within 300 feet, and findings balancing public interest and private vested interest; conditions may be imposed and the decision may be appealed per the ordinance .

If my nonconforming use has been closed for a few months, when is it permanently terminated?

A nonconforming use discontinued for 180 consecutive days generally has its nonconforming rights terminated (unless another discontinuance period is specified elsewhere in the code) — see § 19.204.190; always verify any special provisions that apply to the particular use (e.g., mobilehome parks have special rules) .

Does Buena Park’s zoning code treat residential and commercial nonconforming buildings differently?

Yes. Residential buildings designed and occupied for housing may continue indefinitely without increasing units (§ 19.204.100(A)), while nonresidential buildings designed only for nonconforming uses are subject to time limits and amortization as listed in Table 19.204.100 and § 19.204.100(B) .

Can the city force me to remove a nonconforming fence or landscaping now?

Nonconforming fences and landscaping may continue indefinitely but must be provided (or brought into conformance) if an expansion or intensification of a nonresidential use occurs; boundary buffers required between zones must be provided on expansion § 19.204.220 .

If I want to add an ADU, can the city refuse because I have an existing nonconforming zoning condition?

Buena Park’s zoning code does not specifically state how ADU approvals interact with nonconforming zoning conditions. State ADU rules limit the ability to deny ADU permits because of nonconforming zoning conditions; consult the City’s ADU page and state ADU guidance and confirm with staff — the local code text on this specific interaction: Not found in retrieved materials. See state ADU guidance in the provided handbook for context . ---

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