Calimesa — Nonconforming Uses

Last reviewed: July 3, 2026

Overview

This page explains how the City of Calimesa treats nonconforming uses, nonconforming structures, and nonconforming lots under the local zoning code (Title 18 / commonly referenced as the zoning code). It summarizes the rules for continuation, repair, limited expansion, amortization/abatement, and administrative reviews you will see in the code and shows how those rules interact with local district standards (residential, downtown, commercial, and industrial). The controlling ordinance language is in § 18.15.120 (Nonconforming structures and uses) and related sections cited below .

Important internal links (first natural mention is linked): Calimesa’s Zoning overview, development standards, parking, design review, overlay districts, and ADUs. Where building-code interaction is mentioned the state code is referenced as the California Building Standards Code.

Notes up front: every requirement stated below is grounded in the Calimesa zoning code; specific code citations follow each rule (section glyph plus the file preview citation) so you can verify the raw text in the ordinance; see Source References at the end.

How Calimesa defines and treats nonconformities (core rules)

• Definition — A nonconforming use or structure is one that lawfully existed before the effective date of the current zoning code but no longer complies with the present land‑use district rules. See § 18.15.120 .

• Discontinuance — If a nonconforming use is discontinued for six or more consecutive calendar months, it loses its nonconforming status and the property must thereafter comply with the zoning code (§ 18.15.120(C)(2)) .

• Change of ownership/tenancy — A change in ownership, tenancy, or management does not by itself terminate nonconforming status so long as the use and the intensity remain the same (§ 18.15.120(C)(1)) .

• Small expansions/alterations — Minor repairs and nonstructural interior changes are generally allowed to maintain operation, but structural repairs or expansions are limited and may be conditional (see repairs/alteration limits and 10% cap) (§ 18.15.120(C)(3)–(7)) .

• Expansion cap — Except as explicitly provided, an existing nonconforming use or structure may only be minimally expanded or changed up to 10% subject to development plan review and findings at a noticed public hearing (§ 18.15.120(C)(7)) .

• Single‑family exception — Existing nonconforming single‑family residential structures and uses may be expanded beyond 10% if the expansion complies with the residential development standards in § 18.20.040 and the same approval findings are made; downtown properties along Calimesa Boulevard may require Planning Commission review and a noticed hearing (§ 18.15.120(C)(8)) .

• Repairs and replacement limits — For commercial/institutional/industrial nonconforming structures, nonstructural repairs are allowed but structural alterations that would prolong major supporting members are restricted unless needed for health/safety and the cost does not exceed 50% of replacement value over a specified period; replacement value is set by the planning director (§ 18.15.120(C)(4)–(6)) .

• Damage/destruction — A nonconforming structure damaged to 50% or more of replacement value must be restored to conform to the zoning code, except residential structures in residential zones destroyed by catastrophe may be reconstructed to original size/placement/density if reconstruction begins within two years (§ 18.15.120(B)(1)) .

• Abatement / amortization periods — The city sets time limits to phase out nonconforming uses once officially notified:

  • Nonconforming use not occupying a structure: 5 years
  • Nonconforming use of a conforming structure in residential districts: 15 years
  • Nonconforming use of a conforming structure in commercial/industrial districts: 20 years These timelines begin when the city mails written notification to the owner/lessee (§ 18.15.120(D)) .

• Extensions — Before those abatement periods expire, the owner may apply for a time extension with facts and fees; the Planning Commission hears extension requests and decides after evidence is presented (§ 18.15.120(G)) .

• Permit/C.O. prohibition — Once a nonconforming structure/use is no longer allowed, no building permit or certificate of occupancy will be issued to continue, alter, or expand it; any permit issued in error does not validate the nonconformity (§ 18.15.120(E)) .

• Illegal nonconformities — Uses/structures that were not lawfully in existence before the effective date are illegal and must be removed immediately; the nonconforming rules do not legalize them (§ 18.15.120(F)) .

• Parking nonconformities — The parking chapter allows existing nonconforming parking arrangements to continue in many cases, but enlargements or reductions are restricted; residential units enlarged 25% or more must provide conforming parking (§ 18.45.040 and related parking rules) .

District-by-district practical breakdown (how nonconformance interacts with each district)

Note: where dimensional numbers are quoted, those come from the residential development standards table and the respective use tables. For dimensional standards and permitted uses, see Table 18.20.040 and Table 18.20.030 for residential zones; downtown and commercial/industrial use tables are cited below. Where design or site compatibility matters, projects may also trigger design review or overlay standards (Overlay Districts).

O-S-R (Open Space–Rural)

• Purpose & typical uses: O-S-R supports very low density and open‑space uses (agriculture, large‑lot residential, limited recreational uses) as listed in Table 18.20.030 .
• Key dimensional standards: Minimum lot size: 10 acres; front setback: 35 ft; max height: 32 ft or two stories per § 18.20.040 .
• Nonconforming treatment: Nonconforming structures may be maintained but major restoration to nonconforming form is limited; if a nonconforming use is discontinued for 6+ months it loses status (§ 18.15.120(C)(2)) .

R‑E, R‑R, R‑L, R‑L‑M (Rural/Low‑density residential series)

• Purpose & typical uses: R‑E, R‑R, R‑L, R‑L‑M are progressively denser rural to low‑density residential zones; standard residential uses (single‑family, accessory dwellings) are allowed per Table 18.20.030 .
• Key dimensional standards (representative): Minimum lot sizes vary (e.g., R‑L: 7,200 s.f., R‑L‑M: 6,000 s.f.), front setbacks: 20–30 ft, combined side yards: 17 ft with one side 12 ft where specified; see § 18.20.040 Table 18.20.040 .
• Nonconforming treatment: Single‑family nonconforming structures have broader expansion allowances — expansions beyond the default 10% cap are permitted when the addition meets the residential development standards in § 18.20.040 and the findings in § 18.15.120(C)(7) are made; downtown single‑family parcels face added review (see downtown subsection) .

R‑M, R‑H (Medium / High density residential)

• Purpose & typical uses: R‑M and R‑H allow multifamily and higher‑density residential uses (apartments, townhomes) with corresponding lot/height standards in § 18.20.040 .
• Key dimensional standards: Maximum densities: R‑M ~14 du/acre, R‑H ~20 du/acre; front setbacks commonly 20 ft; side/rear standards adjusted by story — see § 18.20.040 for full numeric table .
• Nonconforming treatment: Nonconforming multifamily structures may have repairs/alterations limited where structural costs would exceed the 50% replacement‑value threshold; any new development on a parcel with a nonconforming structure must make the new structures conform to the code (§ 18.15.120(C)(4),(7)) .

Downtown business district: DVC, DNC, DVS

• Purpose & typical uses: DVC (Downtown Village Commercial) encourages mixed use (retail, restaurants, civic) and pedestrian orientation; DNC (Downtown Neighborhood Commercial) focuses on shopping centers and neighborhood retail; DVS (Downtown Visitor‑Serving) targets motels, traveler services — defined in § 18.39.040 and Table 18.39.050 .
• Nonconforming treatment: A nonconforming single‑family structure within the downtown business district that seeks expansion beyond the 10% general cap must obtain development plan review and Planning Commission approval after a noticed public hearing; expansions outside downtown may be approved administratively by the Community Development Director (§ 18.15.120(C)(8)) .

Commercial zones: C‑N, C‑C, C‑R, O‑P

• Purpose & typical uses: Commercial uses are listed in Table 18.25.030 (bookstores, restaurants, medical offices, hotels in appropriate zones) and are regulated for parking and compatibility (§ 18.25.030) .
• Nonconforming treatment: Commercial nonconformities follow the general rules in § 18.15.120; abatement timelines for nonconforming uses in commercial/industrial districts are 20 years once the city triggers abatement notification (§ 18.15.120(D)(3)) .

Industrial zones: L‑I, B‑P

• Purpose & typical uses: Industrial uses (manufacturing, warehousing, distribution) and related accessory uses are listed in Table 18.30.030; heavy uses may be conditional or prohibited depending on district (§ 18.30.030) .
• Nonconforming treatment: Same general nonconforming rules apply; the city may allow replacement uses within a nonconforming commercial/industrial center only when the new nonconforming use is similar to the original uses, is not detrimental to adjoining properties, and the center has not been vacant for 6+ months — such changes require development plan review and a noticed hearing (§ 18.15.120(C)(6)) .

Quick reference table — decision‑relevant rules

Checklist — what an applicant must demonstrate or provide

• Demonstrate the use/structure lawfully predated the current code and has not been discontinued for 6+ months (§ 18.15.120(C)(2)) .
• If proposing expansion ≤10% of the nonconforming structure/use, prepare Development Plan Review materials and evidence satisfying findings in § 18.15.120(C)(7); expect a noticed public hearing unless the single‑family exception applies § 18.15.120(C)(8) .
• For structural repairs where replacement‑value limits may apply, obtain a replacement‑value appraisal (planning director sets replacement value) and show costs are within allowed thresholds (§ 18.15.120(C)(4)–(6)) .
• If the city has issued abatement notice and you seek an extension, file the extension form and fee, provide factual grounds, and prepare to present before the Planning Commission (§ 18.15.120(G)) .
• Confirm parking requirements for unit expansion (see parking) and whether the addition triggers conforming parking (§ 18.45.040 and § 18.20.050 for ADU interactions) .
• Check whether the property sits in an overlay (e.g., RIPAOZ), the downtown business district, or a design/neighborhood compatibility area; those can change approval path or require design review or Planning Commission hearings (see § 18.20.040 notes and § 18.15.120(C)(8)) .
• Verify whether the proposal triggers compliance with other Chapters (signs, landscaping, infrastructure, or California Building Standards Code) — these can affect what is allowed even for nonconforming properties (Verify with the jurisdiction). Not found in retrieved materials for procedural timelines related to building permits beyond those cited.

Risks & Ambiguities

Plain‑English summary

Calimesa lets legally existing but now‑nonconforming uses and buildings keep running in most cases, but limits growth: small repairs are allowed, larger expansions are capped (usually 10%), and the city can phase out nonconforming uses over set amortization periods; if you stop using the property for six months you typically lose the “grandfathered” status, and certain repairs or rebuilds may require the structure to be brought into full compliance (§ 18.15.120) .

Source References

• § 18.15.120. Nonconforming structures and uses — primary nonconforming rules (definition, discontinuance, 10% expansion cap, single‑family exception, repairs, abatement periods, extensions, permits prohibition) § 18.15.120 .
• § 18.20.040. Residential development standards — numeric setbacks, lot sizes, densities and the standards referenced for single‑family exceptions § 18.20.040 .
• Downtown business district purpose and use rules — § 18.39.040 and Table 18.39.050 (Downtown zones DVC, DNC, DVS) § 18.39.040 .
• Parking nonconforming provisions — § 18.45.040 (parking nonconforming rules; residential enlargement parking triggers) § 18.45.040 .
• Commercial and industrial permitted uses and related nonconforming change rules — Tables in § 18.25.030 and § 18.30.030 and the allowance to replace a nonconforming use within a commercial/industrial center only with a similar use under development plan review: see § 18.15.120(C)(6) and use tables § 18.25.030 / § 18.30.030 .
• ADU interactions and code‑level clarifications (per local ADU provisions and state ADU law references) — § 18.20.050 and related ADU provisions (note: state law also constrains local treatment of ADUs) § 18.20.050; see local ADU rules and the state handbook for interactions .

(These file previews were obtained from the Calimesa zoning code excerpts provided for this research.) If you need an exact copy of any ordinance page (printer‑ready PDF or full section text), request which section(s) and I will pull the exact ordinance snippets and cite them inline.

Retrieved passages

• CMC § 18.15.080 (§ 18.15.080) High relevance show source text
• CMC § 18.15.080 (§ 18.15.120) High relevance show source text
• CMC § 18.20.040 (§ 18.20.040) High relevance show source text
• CMC § 18.20.040 (§ 18.15.120) High relevance show source text
• CMC § 18.15.080 (§ 18.15.080) High relevance show source text
• CMC § 18.45.130 (section shall) High relevance show source text
• CMC § 18.20.040 (section shall) High relevance show source text
• CMC § 18.15.070 (section shall) High relevance show source text
• CBC § 66314 (§ 66314) Medium relevance show source text
• Calimesa Zoning Code (§ 66333) Medium relevance show source text
• CBC § 18.20.040 (§ 18.20.040) Medium relevance show source text
• CMC § 18.15.090 (§ 18.20.030) Medium relevance show source text
• CMC § 18.20.040 (§ 18.20.040) Medium relevance show source text
• Calimesa Zoning Code (§ 18.20.040) Medium relevance show source text
• CMC § 18.20.060 (§ 18.20.040.) Medium relevance show source text

Cited sections

• **§ 18.15.120. Nonconforming structures and uses** — primary nonconforming rules (definition, discontinuance, 10% expansion cap, single‑family exception, repairs, abatement periods, extensions, permits prohibition) **§ 18.15.120** . (§ 18.15.120.)
• **§ 18.20.040. Residential development standards** — numeric setbacks, lot sizes, densities and the standards referenced for single‑family exceptions **§ 18.20.040** . (§ 18.20.040.)
• Downtown business district purpose and use rules — **§ 18.39.040** and Table 18.39.050 (Downtown zones **DVC, DNC, DVS**) **§ 18.39.040** . (§ 18.39.040)
• Parking nonconforming provisions — **§ 18.45.040** (parking nonconforming rules; residential enlargement parking triggers) **§ 18.45.040** . (§ 18.45.040)
• Commercial and industrial permitted uses and related nonconforming change rules — Tables in **§ 18.25.030** and **§ 18.30.030** and the allowance to replace a nonconforming use within a commercial/industrial center only with a similar use under development plan review: see **§ 18.15.120(C)(6)** and use tables **§ 18.25.030 / § 18.30.030** . (§ 18.25.030)
• ADU interactions and code‑level clarifications (per local ADU provisions and state ADU law references) — **§ 18.20.050** and related ADU provisions (note: state law also constrains local treatment of ADUs) **§ 18.20.050**; see local ADU rules and the state handbook for interactions . (§ 18.20.050)
• Calimesa_ZoningCode.md
• 2025 California ADU handbook.md