Campbell — Nonconforming Uses

Last reviewed: July 1, 2026

Overview

Campbell's Zoning Code (Title 21) treats legal nonconformities as temporary exceptions: uses, structures, or parcels lawfully established under an earlier rule that no longer meet current zoning regulations. The rules define what nonconforming uses/structures are, limit how long or how they may continue, and set strict controls on enlargement, re-establishment after abandonment, and reconstruction after substantial damage. See the charted development standards that apply by district in Article 2 and the nonconforming rules in Chapter 21.58 for the operative detail.

Note — while this page explains the zoning rules, other city processes (for example, design-review or parking compliance) remain separate: see the city's pages for design review, parking, development standards, overlay districts, and ADUs as needed.

What Title 21 actually says (key rules)

• Definitions: A nonconforming structure is a building lawful when built but now failing to meet current size/dimension/location standards; a nonconforming use was lawful when established but no longer fits current use rules. Nonconformity upon annexation is treated explicitly. (§ 21.58.030)

• General intent: Chapter 21.58 aims to phase out nonconformities by prohibiting alteration, enlargement, intensification, relocation, or restoration after destruction except where expressly allowed. (§ 21.58.010)

• Continuation: A lawful nonconforming use or structure may continue only as permitted by Chapter 21.58; illegal uses or uses that were unlawful when established receive no protection from this chapter. (§ 21.58.020)

• Abandonment / discontinuance: If a nonconforming use is abandoned or ceases for a continuous period of twelve months, it loses nonconforming status and may not be re-established; the code lists examples of evidence (removal of equipment, utilities turned off, lack of business records). (§ 21.58.040.E)

• No expansion or intensification: A nonconforming use cannot be expanded to occupy more floor area or more of the site than it lawfully occupied before becoming nonconforming. (§ 21.58.040.D)

• Special rules for nonconforming land uses (no main structure): A nonconforming land use with no main structure may continue for up to five years from when it first became nonconforming, but may not expand and may only be changed to uses of equal or lesser intensity. (§ 21.58.040.F)

• Nonconformance for uses that lacked a Conditional Use Permit (CUP): Such uses may continue only to the extent they previously existed; any change requires CUP approval. (§ 21.58.040.G)

• Nonconforming structures — maintenance vs. alteration: Ordinary maintenance and minor (non-structural) repairs are allowed, but structural alterations, additions, or moving the building are barred except as expressly allowed (see exceptions). (§ 21.58.050.B–D)

• Reconstruction after damage: If a nonconforming structure is involuntarily damaged, it may be reconstructed only as follows:

  • If repair cost ≤ 75% of a comparable new structure: reconstruction allowed if started within 12 months and finished within 12 months thereafter.
  • If repair cost > 75%: reconstruction only if the entire structure is brought into full compliance with Title 21. (§ 21.58.050.E.1–2)

• Exceptions (useful for many homeowners/developers): Additions to lawfully constructed buildings that fail to meet setbacks may be allowed if limited to first-floor additions, do not decrease existing setbacks, any upper stories comply with current setbacks, and site & architectural review approves (when required). Neighborhood plan exceptions (San Tomas, Campbell Village) may override the chapter where specified. (§ 21.58.050.F)

• Interaction with ADU rules: The ADU chapter clarifies that the City generally will not require correction of nonconforming zoning conditions to allow an accessory dwelling unit, consistent with state ADU law — but safety or health hazards may still require correction. (§ 21.23.070.B–C)

• Where these time-limited or use-specific amortizations appear: Certain uses (e.g., motor-vehicle repair, late-night activities, massage establishments, sexually oriented businesses) have tailored compliance or amortization provisions and deadlines in other chapters; those references require reviewing the specific use chapters. (See § 21.36.140, § 21.36.270, § 21.36.205 and related; and Chapter 21.58.)

District-by-district breakdown (where nonconforming rules operate against these baselines)

Below are Campbell’s common base districts with the district purpose, typical permitted uses, and the most decision-relevant dimensional standards (used to determine when a structure/use is nonconforming). For the full permitted-use tables and all footnotes, consult Article 2.

Note: this section pulls the baseline numerical standards used by Title 21 to judge conforming vs nonconforming. See Article 2 tables: Table 2‑3, Table 2‑4, and Table 2‑7 for complete numeric and footnote context. (§ 21.08.050, § 21.10.050)

R-1 (Single-Family Residential — low-density)

• Purpose: Preserve single-family neighborhoods; implement General Plan low-density residential policies. (§ 21.08. overview)
• Typical permitted uses: single-family homes, accessory uses (garages, accessory structures), limited home occupations. (Article 2 residential tables.)
• Key dimensional standards (baseline):
  • Minimum front setback: 20 ft. (§ 21.08.050, Table 2‑4)
  • Side & rear setbacks: 5 ft each (or one‑half the adjacent wall height, whichever is greater). (§ 21.08.050)
  • Maximum FAR: 0.45 (Planning Commission may approve up to 0.50 in limited circumstances). (§ 21.08.050)
  • Maximum lot coverage: 40%. (§ 21.08.050)
• Where applied: citywide single-family zones identified in Article 2; used as the baseline for any structure/use that predates a change and is now nonconforming. (§ 21.08.050)

LMDR / MDR / MHDR / HDR (Form-based multi-family / medium-density types)

• Purpose: Multi-family housing and transition from single-family to higher densities using form‑based rules. (See Chapter 21.07 and Article 2.)
• Typical permitted uses: duplexes, townhouses, apartments, etc., per the form-based zone rules.
• Key dimensional standards: Many standards are governed by Chapter 21.07 form-based rules (referenced in Table 2‑4); setbacks, heights, and FAR vary by form zone. (§ 21.08.050)
• Where applied: parcels mapped as LMDR, MDR, MHDR, HDR on the Zoning Map. Verify form‑based zone rules for exact setbacks. (§ 21.08.050)

NC / GC / PO / RD / LI (Commercial / Office / Industrial districts)

• Purpose: Provide locations for neighborhood retail (NC), general commercial (GC), professional office (PO), research & development (RD), and light industrial (LI). (§ 21.10.050)
• Typical permitted uses: retail, restaurants, professional offices, light industrial uses in LI, with varying conditional/administrative use allowances per district. (See Article 2 use tables.)
• Key dimensional standards (Table 2‑7 examples):
  • Front setbacks: NC 15 ft, GC 10 ft, PO 15 ft, RD 20 ft, LI 10 ft. (§ 21.10.050, Table 2‑7)
  • Maximum FAR: generally 1.0 in these districts (with footnote exceptions). (§ 21.10.050)
  • Maximum height: varies by district (e.g., NC — 35 ft, GC — 75 ft, RD/Ll — up to 45–75 ft) per Table 2‑7. (§ 21.10.050)
• Where applied: commercial corridors, nodes, business parks as mapped by the Zoning Map. (§ 21.10.050)

PF / OS / PD (Public Facilities, Open Space, Planned Development, Special Purpose)

• Purpose & application: site-specific public uses, open space, or development plans. Planned Development (P‑D) uses tailored standards often tied to the corresponding general plan land use; the PD district’s standards may match the most restrictive abutting district or the district referenced in Table 2‑1. (§ 21.12.050)
• Standards: PF/OS use the most restrictive abutting district’s setbacks/height rules unless the Planning Commission modifies them. (§ 21.12.050)

Quick reference table — most decision-relevant standards (examples)

Checklist — what an applicant must satisfy when dealing with a nonconforming use/structure

• Show that the use or structure was lawfully established under the prior rules (provide permits, certificates, dated business records). (§ 21.58.030)
• Demonstrate continuous operation if claiming uninterrupted use (to avoid abandonment findings). (§ 21.58.040.E)
• For repairs after damage, obtain the building official’s cost determination if restoration cost approaches 75% threshold — if >75% you must bring the structure into full compliance. (§ 21.58.050.E)
• If proposing an enlargement, expansion, or change of use, confirm whether the proposal is expressly prohibited by Chapter 21.58 (most enlargements are not allowed). (§ 21.58.040.D; § 21.58.050.D)
• If the project relies on any exceptions (e.g., first-floor additions that do not reduce setbacks, or neighborhood-plan exceptions), document those findings and obtain site & architectural review when required. (§ 21.58.050.F)
• If adding parking or changing parking intensity, verify compliance with the parking chapter and whether additional spaces are required when enlarging nonconforming commercial structures. (§ 21.58.050.D.3; Chapter 21.28)

Risks & Ambiguities

Plain-English Summary

If your Campbell property or business was legal under an old zoning rule but now fails today’s rules, Title 21 treats that condition as temporary: you can keep operating or maintain the building, but you generally cannot expand the nonconforming portion, you lose protection if the use is abandoned for a year, and if the building is substantially destroyed (repair costs over 75% of new), you must rebuild to current standards. Confirm the zoning district baseline (R‑1, NC, LI, etc.), gather evidence proving lawful establishment, and consult the Community Development Department for exact measurements and the city’s interpretation. (§ 21.58.030, § 21.58.040, § 21.58.050)

Source References

• Campbell Zoning Code — Chapter 21.58, Nonconforming Uses and Structures (purpose, definitions, restrictions: § 21.58.010, § 21.58.020, § 21.58.030, § 21.58.040, § 21.58.050)
• Campbell Zoning Code — Residential development standards, Table 2‑3 and Table 2‑4 (R‑1 and multi‑family baseline numeric standards): § 21.08.050 (Tables)
• Campbell Zoning Code — Commercial/Office/Industrial standards, Table 2‑7 (NC, GC, PO, RD, LI): § 21.10.050 (Table 2‑7)
• Campbell Zoning Code — Special Purpose / Planned Development standards: § 21.12.050 and subdivision tables (PD / PF / OS)
• Campbell Zoning Code — Accessory Dwelling Unit chapter (ADU treatment of nonconforming zoning conditions): § 21.23.070 (ADU provisions)
• Campbell Zoning (overview) page: Campbell zoning & planning overview and Campbell Zoning (context and links to district maps).
• Campbell Development Standards: Campbell Development Standards (useful for design review and exceptions).
• California Building Standards Code reference for construction/permit intersection: California Building Standards Code.

(If you need the exact use-permissibility matrix or the Zoning Map parcel lookup for a specific address, ask and I will extract the precise Table rows and zoning-map references that apply to your parcel.)

Retrieved passages

• Campbell Zoning Code (§ 1) High relevance show source text
• Campbell Zoning Code (Chapter 21.62) High relevance show source text
• Campbell Zoning Code (chapter to) High relevance show source text
• Campbell Zoning Code (Chapter 21.60) High relevance show source text
• Campbell Zoning Code (chapter to) High relevance show source text
• Campbell Zoning Code (Chapter 21.60) High relevance show source text
• Campbell Zoning Code (Chapter 5.48) High relevance show source text
• Campbell Zoning Code (section shall) High relevance show source text
• CFC § 21.18.050 (Section 21.18.050) High relevance show source text
• Campbell Zoning Code (§ 1) Medium relevance show source text
• Campbell Zoning Code (§ 66314) Medium relevance show source text
• Campbell Zoning Code (§ 66333) Medium relevance show source text
• CBC § 66314 (§ 66314) Medium relevance show source text
• Campbell Zoning Code (§ 1) Medium relevance show source text
• CBC § 66321 (§ 66321) Medium relevance show source text
• Campbell Zoning Code (Title 21) Medium relevance show source text
• CMC § 050 (Article 3) Medium relevance show source text

Cited sections

• Campbell Zoning Code — Chapter 21.58, Nonconforming Uses and Structures (purpose, definitions, restrictions: **§ 21.58.010**, **§ 21.58.020**, **§ 21.58.030**, **§ 21.58.040**, **§ 21.58.050**) (Chapter 21.58)
• Campbell Zoning Code — Residential development standards, Table 2‑3 and Table 2‑4 (R‑1 and multi‑family baseline numeric standards): **§ 21.08.050** (Tables) (§ 21.08.050)
• Campbell Zoning Code — Commercial/Office/Industrial standards, Table 2‑7 (NC, GC, PO, RD, LI): **§ 21.10.050** (Table 2‑7) (§ 21.10.050)
• Campbell Zoning Code — Special Purpose / Planned Development standards: **§ 21.12.050** and subdivision tables (PD / PF / OS) (§ 21.12.050)
• Campbell Zoning Code — Accessory Dwelling Unit chapter (ADU treatment of nonconforming zoning conditions): **§ 21.23.070** (ADU provisions) (§ 21.23.070)
• Campbell Zoning (overview) page: **Campbell zoning & planning overview** and **Campbell Zoning** (context and links to district maps).
• Campbell Development Standards: **Campbell Development Standards** (useful for design review and exceptions).
• California Building Standards Code reference for construction/permit intersection: **California Building Standards Code**.
• Campbell_ZoningCode.md

• Official Campbell code library