Local zoning · Cerritos
Cerritos — Nonconforming Uses
Nonconforming Uses under the Cerritos local zoning and planning code, with the controlling citations.
Last reviewed: July 3, 2026
Overview
In Cerritos, nonconforming uses, structures, lots, signs, and performance are governed primarily by the city’s development code provisions in Chapter 23.50 (Nonconformities) and by several use-specific chapters (for example, Chapter 22.32 – MC‑1, Chapter 22.45 – Sexually Oriented Businesses, and Chapter 22.46 – Body Art Businesses). The code defines what is a lawful nonconformity, what is an illegal condition, how long nonconforming activities may continue, and the triggers that require termination or bringing the property back to conformance. See the city definitions and purpose at § 20.30.570 and § 23.50.010 for the legal framing of nonconformities.
Note: when the code refers to dimensional or development criteria (setbacks, lot area, lot coverage) those standards live in the city’s development standards; see Cerritos’ development-standards and parking resources for the technical metrics and approval processes. Cerritos Development Standards Cerritos Parking Cerritos Design Review
How the code defines and treats nonconformities (quick legal anchors)
- A nonconforming use is “a use … lawful when established but which does not conform to regulations subsequently established” (§ 20.30.570) and the overall policy purpose is found at § 23.50.010.
- The detailed rules for continuation, termination, and reasonable-conformance requirements are in § 23.50.200 (nonconforming lots), § 23.50.300 (nonconforming structures), § 23.50.400 (nonconforming uses), § 23.50.500 (nonconforming signs), and § 23.50.600 (nonconforming performance).
District & special‑use breakdown (what to watch for, district‑by‑district)
MC‑1 (Marine/Industrial/Commercial) — purpose & where it applies
Purpose: MC‑1 is an industrial/industrial‑commercial district intended for heavier commercial and industrial uses; it contains authorized, prohibited, and authorized nonconforming use provisions. Typical permitted uses are industrial/commercial activities (manufacturing, warehousing, offices, some retail/restaurant uses) while specific heavy uses may be restricted. See Chapter 22.32 (MC‑1).
Typical permitted/authorized uses: bank, business offices, bottling works, manufacturing and retail of machinery and products from pre‑prepared materials, restaurants (not carry‑out only), wholesaling and warehousing, and comparable uses determined under § 22.32.550–22.32.600.
Key dimensional/development standards (decision‑relevant): Building coverage ≤ 55% of parcel (§ 22.32.600); minimum parcel width and depth = 100 ft and minimum parcel area = 1 acre (Director may recommend exceptions) (§ 22.32.700 (1–2)); setback rules vary by adjacency (for example, 25 ft from nonresidential arterials with 50% landscaping; 15 ft from local industrial streets; 5 ft adjacent to commercial parcels; 12 ft adjacent to industrial parcels) (§ 22.32.700 (3)(a–e)).
How nonconformities are handled here: Certain formerly-permitted heavy uses are explicitly allowed to continue as authorized nonconforming uses under Chapter 22.32 but must comply with the city nonconformity rules in § 23.50.400, and in some cases must file for a conditional use permit and a precise plan to continue operation as described in § 22.32.550.
Chapter 22.45 — Sexually Oriented Businesses (special‑use chapter)
Purpose: regulate sexually oriented businesses and treat any such business lawfully operating when the specific chapter took effect as a nonconforming use subject to a finite termination schedule. See § 22.45.180.
Practical effect: an existing sexually oriented business that becomes nonconforming must cease or comply within one year of the ordinance effective date unless the planning commission grants a one‑year extension for extreme financial hardship; the commission evaluates factors such as owner investment, depreciated value of improvements, lease term, and whether relocation or conversion is feasible (§ 22.45.180 (1)(a–c)).
Chapter 22.46 — Body Art Businesses (special‑use chapter)
Purpose & treatment: any lawfully operating body art business that becomes nonconforming is declared nonconforming and must cease operations or be brought into compliance within one year unless an extension is granted by the planning commission upon demonstration of extreme financial hardship; the code lists the same set of financial and feasibility criteria as the sexually oriented business chapter for any extension request (§ 22.46.090 (1–3)).
Note: Chapter 22.46 explicitly states that the chapter’s provisions do not supersede other applicable laws and that a finding of nonconformity does not excuse noncompliance with those laws (§ 22.46.100).
Citywide policies that apply across zones (Chapter 23.50)
General policy and definitions: § 23.50.010 articulates the purpose of nonconformity rules (compatibility, environmental quality, orderly growth) and § 20.30.570 supplies the definition of nonconforming use.
Nonconforming lots: defined as lawfully created lots of record that fail current frontage/width/depth/area requirements; a precise plan for development of a nonconforming lot won't be approved unless it conforms to all applicable laws and no feasible means exist to make it conforming by redesign or acquisition (§ 23.50.200).
Nonconforming structures: may continue while lawful but may not be enlarged in a way that increases the nonconformity, may not be moved unless it will conform after relocation, and if destroyed 50% or more must be reconstructed in conformance (with limited exceptions for multi‑family housing and single‑family dwellings where pre‑existing setbacks and size may be restored provided the degree of nonconformity does not increase) (§ 23.50.300 (1)(a–e) and (c)(i–iii)).
Nonconforming uses: may continue indefinitely subject to limitations: no increase in scope/area, no relocation to another lot, limited minor improvements allowed only where the Director authorizes them for economic viability. A nonconforming use is terminated if discontinued for 90 days, if a structure is destroyed 50%+, if required repairs are not made after a governmental unsafe‑building finding within 180 days, or for failure to comply with the chapter (§ 23.50.400 (1–2)). Immediate termination is allowed when the use is a public nuisance (§ 23.50.400 (3)).
Nonconforming signs: the code sets staged abatement periods by sign type/size and illumination (for example, non‑internally illuminated signs ≤25 sq ft: 6 months; internally illuminated ≤25 sq ft: 1 year; internally illuminated 25–50 sq ft: 2 years; internally illuminated >50 sq ft: 3 years; billboards: 3 years; and many immediate items like painted wall signs: 90 days) (§ 23.50.500 (1–2)).
Nonconforming performance: operations failing environmental/performance standards may be classified as minor (abatement <$5,000 — 1 year** to abate) or major (> $5,000 — abatement timeline set by Planning Commission after hearing) and the Director/Commission can waive/modify timeframes in hardship cases (§ 23.50.600**).
Decision‑relevant quick table (standards and permitted items)
| Topic | Key rule or permitted condition | Code reference |
|---|---|---|
| Definition: nonconforming use | Use lawful when established but not conforming now | § 20.30.570 |
| Nonconforming lots | Precise plan only if conforms to laws and no feasible means to make lot conforming | § 23.50.200 |
| Nonconforming structures — rebuild trigger | Destroyed ≥ 50% → must conform to current code (exceptions for MF & SF) | § 23.50.300 (1)(c) |
| Nonconforming uses — discontinuance | Discontinued 90 days → terminated | § 23.50.400 (2)(a) |
| MC‑1 lot standards | Building coverage ≤ 55%; min 100 ft width; min 1 acre parcel area; varied setbacks | § 22.32.600–700 |
| Sign abatement timelines | Non‑illuminated ≤25 sq ft: 6 months; illuminated ≤25 sq ft: 1 year; larger signs: up to 3 years | § 23.50.500 |
| Conditional use required for some nonconforming uses | Some authorized nonconforming uses in MC‑1 must obtain a conditional use permit and precise plan to continue | § 22.32.550 with cross‑reference to § 23.50.400 |
Practical guidance & interpretation (plain‑English synthesis)
- If a use, building, or lot was lawful when it started but the rules later changed, Cerritos treats it as a nonconformity rather than an automatic illegal condition — unless it was unlawful at the time it was created (illegal) in which case it is subject to enforcement immediately (§ 23.50.100).
- Nonconforming uses can continue, but they cannot be enlarged, moved to another lot, or left unused for 90 days if you expect to preserve them (§ 23.50.400 (1)(a), (b) and (2)(a)).
- If a nonconforming structure is badly damaged (≥ 50%), you generally must rebuild to current standards — but the code allows limited exceptions for multi‑family projects and single‑family homes to return to pre‑existing setbacks/size provided you do not increase the degree of nonconformity (§ 23.50.300 (1)(c)(i–iii)).
- For discrete regulated categories (sexually oriented or body art businesses), the city imposed a one‑year compliance/cessation schedule with limited, narrowly defined extensions based on documented financial hardship; these chapters override the indefinite‑continuance default where enacted (§ 22.45.180; § 22.46.090).
Checklist (what an applicant / owner must do)
- Confirm whether the existing condition was lawfully established at the time it began (nonconforming) or was illegal when created (illegal) — see § 23.50.100.
- If the issue is a nonconforming lot, prepare a precise plan and demonstrate that no feasible lot redesign/acquisition could make it conforming (§ 23.50.200).
- If the issue is a nonconforming structure, avoid enlarging or moving it in a way that increases nonconformity; if damaged ≥ 50%, be ready to rebuild to current standards (with limited exceptions) (§ 23.50.300).
- If the issue is a nonconforming use, be prepared to show continuous operation (avoid 90‑day discontinuance), or apply for required permits (e.g., conditional use permit where required) and limited minor improvements permitted by the Director (§ 23.50.400; § 23.50.650; § 22.32.550).
- If nonconforming signs are present, expect staged abatement per the sign schedule in § 23.50.500 and plan phased compliance.
- If work could trigger reconstruction, tenant change, enlargement, or change of use, consult the Director early — many triggers require a new conditional use permit or force termination (§ 23.50.650).
Also consult city pages for related procedural topics: Cerritos Variances and Exceptions, Cerritos Design Review, Cerritos Overlay Districts, and Cerritos ADUs where applicable.
Risks & Ambiguities
| Issue | Why it matters | What to verify |
|---|---|---|
| Was the improvement "lawfully established" or illegal when built? | Illegal conditions are subject to abatement immediately and are not protected as nonconformities (§ 23.50.100). | Verify historic permits/approvals and record evidence of lawful status. |
| Rebuilding after major damage (≥50%) | Destruction ≥ 50% commonly triggers obligation to meet current standards; exceptions exist for MF and SF reconstruction—facts matter. | Confirm exact damage percentage, building type, and whether any exception in § 23.50.300 (1)(c)(i–iii) applies. |
| 90‑day discontinuance rule | Nonconforming uses discontinued 90 days are terminated (no restart privilege). | Track continuous operation and lease/closure dates; verify applicability in § 23.50.400 (2)(a). |
| Is a conditional use permit required to continue? | Some nonconforming uses (notably in MC‑1) must file CUP/precise plan or else terminate on triggers such as change of tenant or enlargement (§ 22.32.550; § 23.50.650). | Confirm the specific MC‑1 authorization language and whether your use is subject to CUP/precise plan conditions. |
| Cost thresholds for abatement of structural/performance nonconformities | The Director distinguishes minor vs major nonconformities by a $5,000 abatement threshold for some items — this affects timeframes and decision authority (§ 23.50.300 (2)(b) and § 23.50.600). | Verify Director’s determination of abatement cost estimate and appeal rights. |
| Special‑use chapters set finite schedules | For body art and sexually oriented businesses, the chapters impose a one‑year cessation/bring‑into‑compliance schedule with limited extensions — these are stricter than general Chapter 23.50 rules (§ 22.46.090; § 22.45.180). | Confirm which chapter applies to your business and the ordinance effective date and extension criteria. |
Plain‑English Summary
If your property or business in Cerritos became nonconforming because the rules changed after it was lawfully established, you usually may continue it — but you cannot expand it, move it to a different lot, or abandon it for 90 days without losing that protection. Major damage, code enforcement findings, or special local rules (for example, for body art or sexually oriented businesses) can force termination or require bringing the property up to current standards. See §§ 23.50.200–23.50.400; 22.32.550; 22.45.180; 22.46.090 for the controlling rules.
Source References
- Cerritos Development Code — Chapter 23.50 (Nonconformities): § 23.50.010; § 23.50.100; § 23.50.200; § 23.50.300; § 23.50.400; § 23.50.500; § 23.50.600; § 23.50.650; § 23.50.700; § 23.50.800.
- Definitions and nonconformity glossary: § 20.30.562; § 20.30.566; § 20.30.570; § 20.30.574.
- MC‑1 zone standards and authorized nonconforming uses: Chapter 22.32 (notably § 22.32.450; § 22.32.500; § 22.32.550; § 22.32.600; § 22.32.700).
- Sexually Oriented Business rules: § 22.45.180 (Nonconforming uses).
- Body Art Business rules: § 22.46.090–22.46.100 (Nonconforming uses; Provisions nonexclusive).
Sources
Retrieved passages
- Cerritos Zoning Code (chapter in) High relevance
- Cerritos Zoning Code (Section 23.50.400) High relevance
- Cerritos Zoning Code (§ 1) High relevance
- Cerritos Zoning Code (chapter provides) High relevance
- CBC § 1 (§ 1) High relevance
- Cerritos Zoning Code (section for) High relevance
- Cerritos Zoning Code (chapter shall) High relevance
- Cerritos Zoning Code (§ 1) High relevance
- Cerritos Zoning Code (Section 20.30.590) High relevance
- Cerritos Zoning Code (chapter and) High relevance
Cited sections
- Cerritos Development Code — Chapter 23.50 (Nonconformities): **§ 23.50.010; § 23.50.100; § 23.50.200; § 23.50.300; § 23.50.400; § 23.50.500; § 23.50.600; § 23.50.650; § 23.50.700; § 23.50.800.** (Chapter 23.50)
- Definitions and nonconformity glossary: **§ 20.30.562; § 20.30.566; § 20.30.570; § 20.30.574**. (§ 20.30.562)
- MC‑1 zone standards and authorized nonconforming uses: **Chapter 22.32 (notably § 22.32.450; § 22.32.500; § 22.32.550; § 22.32.600; § 22.32.700)**. (Chapter 22.32)
- Sexually Oriented Business rules: **§ 22.45.180 (Nonconforming uses)**. (§ 22.45.180)
- Body Art Business rules: **§ 22.46.090–22.46.100 (Nonconforming uses; Provisions nonexclusive)**. (§ 22.46.090)
- Cerritos_ZoningCode.md
Frequently asked questions
What counts as a nonconforming use in Cerritos?
A nonconforming use is a use that was lawful when established but no longer conforms to current zoning or development regulations. See the definition at § 20.30.570 and the chapter purpose in § 23.50.010.
If my business stopped operating for 100 days, am I protected?
No — a nonconforming use that is discontinued for 90 calendar days is terminated under § 23.50.400 (2)(a); restart is not automatic.
Can I enlarge a building that’s nonconforming?
Not if the enlargement increases the degree of nonconformity. § 23.50.300 prohibits enlarging a nonconforming structure in a way that increases its nonconformity; likewise § 23.50.400 (1)(a) forbids increasing the scope/area of a nonconforming use.
My building was 60% destroyed in a fire — what rules apply?
If a nonconforming structure is destroyed to the extent of 50% or more, the reconstruction must conform to current city requirements except where narrow exceptions apply (for multi‑family and single‑family projects) per § 23.50.300 (1)(c)(i–iii). Verify whether your project qualifies for an exception.
Is a lot that’s too small always a nonconforming lot?
Only if it was lawfully created of record and later fails the current frontage/width/depth/area rules. § 23.50.200 governs nonconforming lots and requires a precise plan showing conformity to applicable laws and demonstrating that no feasible lot consolidation/redesign could fix the issue. A lot not of record is an illegal lot, not a nonconforming lot (§ 23.50.100).
Can I replace a nonconforming sign with the same sign?
A nonconforming sign may only be replaced by a conforming sign; alterations are allowed only if they decrease or abate the nonconformity. The code specifies phased abatement timelines by sign type and size in § 23.50.500.
Do special use rules (e.g., body art, sexually oriented businesses) have different deadlines?
Yes. Chapter 22.46 (body art) and Chapter 22.45 (sexually oriented businesses) impose a one‑year cessation or compliance timeline for uses rendered nonconforming by those chapters, with a possible one‑year extension only for narrow defined financial hardship criteria; these are stricter than the general indefinite‑continuance approach in § 23.50.400.
If my MC‑1 property had a heavy equipment sales use before rezoning, can it stay?
Yes — certain formerly permitted heavy uses in MC‑1 were specifically allowed to remain as authorized nonconforming uses under § 22.32.550, but they are required to follow Chapter 23.50 rules and in many cases must obtain a conditional use permit and a precise plan to continue operating.
Who determines whether something is “reasonably conforming” or requires abatement?
The Director of Community Development initially determines conformity and reasonable‑conformity for modest corrections; the Planning Commission is the decision body for larger timeframes, extensions, or making a nonconformity reasonably conforming where cost/time > $5,000. See § 23.50.300 (2)(b) and related procedure sections § 23.50.700.
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