Local zoning · Chino

Chino — Nonconforming Uses

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

Last reviewed: July 1, 2026

Overview

This page summarizes how the City of Chino treats nonconforming uses, nonconforming structures, and nonconforming lots under the Chino zoning code (Title 20). It explains the conditions that preserve or terminate a nonconforming status, the limits on repairs/expansions/reconstruction, and how those rules interact with district-specific development standards such as setbacks, lot coverage and parking. For citywide zoning rules see Chino Zoning and for how dimensional rules affect nonconforming parcels see development standards.


Controlling rules (plain list)

  • Applicability and definitions: nonconforming use / structure / lot are defined and governed citywide in § 20.20.020 and Table 20.20-1. § 20.20.020
  • Continuation, change of ownership, discontinuation (180 days), and limits on replacements/changes are in § 20.20.030. § 20.20.030
  • Nonconforming structures: demolition or damage rules, rebuilding thresholds (50% value), and limits on repairs and interior work are in § 20.20.040. § 20.20.040
  • Nonconforming lots: permitted development rights but must satisfy setbacks, coverage and standards of the zone (no automatic waiver) — § 20.20.050. § 20.20.050
  • Expansion / addition to a nonconforming use or structure requires administrative approval under Chapter 20.23 and the findings listed in § 20.20.060 (includes a maximum increase of 15% in site/floor area for approval). § 20.20.040.D, § 20.20.060
  • Illegal nonconformities get no protection and must stop immediately — § 20.20.070. § 20.20.070

NOTE: administrative procedures referenced above are processed by the director (see Chapter 20.23). For discretionary review/appeals see design review and Chino Variances and Exceptions.


District-by-district breakdown

The nonconforming rules in Chapter 20.20 apply citywide, but what a property can be required to change or restore depends on the underlying zoning district standards that govern setbacks, height, lot coverage and parking. Below are the key zoning districts used most often in Chino with the code sections you will use when applying nonconforming rules.

Important: the zoning map and list of base zoning districts are in § 20.03.020 and Table 20.03-1; always confirm a parcel’s district on the official map. § 20.03.020

RD 1 (Single-family low density) and RD 2 (Single-family)

  • Purpose / where it applies: Low-density single-family neighborhoods across Chino (see Table 20.03-1). § 20.03.020
  • Typical permitted uses: single-family residences, accessory structures, home occupations (subject to Section 20.21). See the use tables for exact entries. § 20.21.050
  • Key dimensional standards (examples): front/rear/interior setbacks and maximum height follow the single-family development tables and Chapter 20.04/20.11; accessory structure limits and patio rules are in Table 20.11-6 and Table 20.11-5. See minimum setbacks and height such as front setbacks and 35 ft maximum building height for primary dwellings as cited in Chapter 20.04 and accessory limits in Chapter 20.11. § 20.04.040, § 20.11.040
  • Nonconforming implications: repairs permitted but no enlargement that increases the nonconformity without director approval; voluntary demolition ends the nonconforming status (see § 20.20.040.A–E). § 20.20.040

RD 4.5, RD 8 (Single-family / small-lot residential)

  • Purpose / where it applies: Medium lot and small-lot single-family subdivisions and certain in-fill areas (Table 20.03-1). § 20.03.020
  • Typical permitted uses: single-family dwellings, accessory dwelling units (see special ADU rules below), limited home occupations. § 20.11.020
  • Key standards: minimum lot area and setbacks vary by RD zone; accessory structures (habitable up to 1,200 sq ft in many RD zones) and rear/interior setbacks referenced in Table 20.11-5 / Table 20.11-6. § 20.11.040
  • Nonconforming implications: same citywide Chapter 20.20 limits; note special small-lot exceptions and averaging rules for subdivisions (see § 20.04.040 notes). § 20.04.040

RD 12, RD 14, RD 20 (Multi-family residential)

  • Purpose / where it applies: medium- to higher-density residential sites (Table 20.04-4). § 20.04.040
  • Typical permitted uses: duplexes, multi-family apartments, accessory uses appropriate to multi-family. § 20.04.040
  • Key dimensional standards: lot area minimums (often 10,000 sq ft), setbacks (front ~ 25 ft, rear/interior per table), maximum heights (35 ft for most RD’s; RD 20 may allow higher depending on context). See Table 20.04-4. § 20.04.040
  • Nonconforming implications: multiple-family developments that are involuntarily damaged may be rebuilt only under the conditions in § 20.20.040.B–C; abandoned or nuisance properties have more restrictive rebuild rights. § 20.20.040

Commercial districts (examples: CG, CN, BP)

  • Purpose / where it applies: retail, office, service and certain commercial/office uses in identified commercial corridors and centers (see use tables). § 20.04.020 Not found in retrieved materials — verify with the jurisdiction.
  • Typical permitted uses: retail stores, offices, restaurants (subject to specific use standards in Chapter 20.21). § 20.21.330, § 20.21.320
  • Key dimensional standards: front setbacks, build-to lines and parking ratios are in district tables and Chapter 20.18; industrial and business park setbacks differ (see Table 20.07-2 for BP/M1/M2 setbacks and standards). § 20.07.040, § 20.18.
  • Nonconforming implications: new structures > 500 sq ft built where a nonconforming use exists will require all uses on the property to conform (the "new development" rule in § 20.20.030.C). § 20.20.030.C

Industrial districts (BP, M1, M2)

  • Purpose / where it applies: business park and industrial operations; development standards in Table 20.07-2. § 20.07.040
  • Typical permitted uses: manufacturing, warehousing, selected commercial support uses per use table. § 20.07.040
  • Key dimensional standards: often zero rear/interior setbacks, larger lot minimums (e.g., 20,000 sq ft), FAR limits and higher permitted building heights for industrial. See Table 20.07-2. § 20.07.040
  • Nonconforming implications: if industrial property abuts residential zones special buffer requirements apply; nonconforming industrial structures follow Chapter 20.20 rebuild/repair thresholds. § 20.07.040, § 20.20.040

Note: This district-by-district summary highlights the applied development standards that determine how a nonconforming condition may be remedied or must be brought into conformance. Always confirm district-specific numeric values (setbacks, heights, lot size, density) in the tables for that district (Tables 20.04-4, 20.07-2, 20.11-x) and the official zoning map. § 20.03.020, § 20.04.040, § 20.07.040, § 20.11.040


Quick reference table — most decision-relevant nonconforming standards

Standard / issue What the code says (short) Code Reference
Definition of nonconformity types Nonconforming Use, Structure, Lot defined and categorized in Table 20.20-1. § 20.20.020
Change in ownership Transfer of ownership or tenancy does NOT terminate nonconforming status if intensity unchanged. § 20.20.030.A
Discontinuation threshold If use or occupancy ceases for 180 consecutive days the legal nonconforming status is lost. § 20.20.030.B, § 20.20.040.G
Reconstruction after involuntary damage May rebuild up to original size if repair cost ≤ 50% of pre-damage value; if >50% must conform to current code. § 20.20.040.B
Voluntary demolition If voluntarily demolished, structure cannot be reconstructed as nonconforming. § 20.20.040.A
Expansion limits Director may approve expansions only if findings met; expansion cannot increase site or floor area by > 15%. § 20.20.060 (finding 5)
New development on a site with nonconforming use Constructing a new structure > 500 sq ft on a property with nonconforming use requires all uses to conform to the title. § 20.20.030.C
Nonconforming lots Legal nonconforming lots may exercise all rights of the zoning district but must meet setbacks, lot coverage and applicable standards. § 20.20.050

How nonconforming rules interact with other regulations (practical guidance)

  • Repairs and interior nonstructural work to nonconforming commercial structures is limited by the "50% of replacement cost over any five-year period" rule for nonresidential interior changes — see § 20.20.040.F. § 20.20.040.F
  • Adding an ADU: Chino’s ADU rules expressly say that the correction of nonconforming zoning conditions cannot be required as a condition of ADU approval; state ADU law also limits corrections for nonconforming zoning conditions. See Chino ADU provisions in Chapter 20.11 and the ADU-specific note in the code. For ADU review see ADUs and the ADU rules in § 20.11.020. § 20.11.020(h)
  • Parking: a nonconforming lot or use that lacks required parking remains subject to Chapter 20.18 when modifications or expansions are proposed — check parking when planning changes. § 20.18, § 20.20.040.D
  • Overlays: overlay district standards (downtown, affordable housing, mixed-use) can supersede baseline district rules — verify overlay requirements in overlay districts when assessing nonconforming corrections. § 20.09.090 Not found in retrieved materials — verify with the jurisdiction.

Links for further Chino guidance (first mention only): Chino Zoning (/us/california/chino/zoning), development standards (/us/california/chino/development-standards), parking (/us/california/chino/parking), design review (/us/california/chino/design-review), overlay districts (/us/california/chino/overlay-districts), ADUs (/us/california/chino/adu), California Building Standards Code (/us/california/building-codes), Chino Variances and Exceptions (/us/california/chino/variances-and-exceptions).


Checklist — what an applicant must satisfy when proposing work affecting a nonconforming condition

  • Demonstrate legal nonconforming status (evidence of lawful use/structure at the time the code controlling the nonconformity took effect) — § 20.20.020. § 20.20.020
  • If proposing expansion or addition, prepare an application for administrative approval and address the five findings in § 20.20.060 (no notable negative impacts, compatible with neighborhood, not discontinued for ≥180 days, ≤15% increase, no density increase). § 20.20.060
  • For reconstruction after damage, provide cost estimates and valuations to show whether repair cost is ≤50% of pre-damage value (if >50% reconstruction to current standards is required) — § 20.20.040.B. § 20.20.040.B
  • Demonstrate compliance with applicable district setbacks, height, coverage and parking standards (see the district’s tables in Chapters 20.04, 20.07 and 20.11). § 20.20.050, § 20.04.040, § 20.07.040, § 20.11.040
  • If the work triggers design review, planning commission action, or public notice (per Chapter 20.23), include materials to satisfy that process; if uncertain, request an interpretation under § 20.02.030. § 20.23, § 20.02.030 Not found in retrieved materials — verify with the jurisdiction.
  • If proposing changes in commercial operations or adding parking, reference Chapter 20.18 (parking) for off-street requirements. § 20.18

Risks & Ambiguities

Issue Why it matters What to verify
Was the use legally established? Only legal nonconforming uses get protection; illegal uses must stop immediately. Confirm historic permits/receipts/records to prove legal establishment; the code treats illegal uses as unauthorised. § 20.20.020, § 20.20.070
180‑day discontinuance rule Use vacant or inactive for 180 consecutive days → loss of nonconforming status. This is often decisive in reuse or rebuild cases. Verify evidence of continuous operation (rent rolls, receipts, utilities). § 20.20.030.B, § 20.20.040.G
Valuation for >50% rebuild test Whether reconstruction must conform depends on a cost/valuation test (≤50% allowed). Confirm how the director or building official computes pre-damage value; supply independent appraisal and contractor estimates. § 20.20.040.B
What counts as an "expansion"? The code allows limited expansion (≤ 15%) subject to findings — but definitions of “site area” and “floor area” can be ambiguous. Ask the director for interpretation and cite § 20.20.060; submit precise area calculations. § 20.20.060
Interaction with overlays Overlay district rules can impose stricter design, build-to or density rules that affect whether a nonconforming condition can remain. Verify overlay map and overlay text (e.g., downtown, affordable housing overlay). § 20.09.090 Not found in retrieved materials — verify with the jurisdiction.
ADUs and nonconforming conditions State ADU law and Chino rules limit requiring correction of nonconforming zoning conditions as a condition of ADU approval. Confirm which ADU pathway applies and rely on the ADU section’s explicit nonconforming provision (see § 20.11.020(h)). § 20.11.020(h)

Plain-English Summary

Chino lets lawful older uses, buildings and lots stay in place, but with clear limits: stop using or abandoning a use for 180 days and you lose protection; voluntary demolition or rebuilding that costs more than half the building’s pre-loss value forces full compliance; small repairs and limited expansions are allowed only if the director finds no harm and the expansion is modest (no more than 15%). Always check the property's current zoning district tables for the setbacks, heights and parking that will determine what you must bring into compliance. § 20.20.030, § 20.20.040, § 20.20.060


Source References

  • § 20.20.010 – § 20.20.070 (Chapter 20.20 — Nonconforming uses, structures and parcels)
  • § 20.20.030 (Nonconforming uses: change of ownership; discontinuance; new development; expansion limits)
  • § 20.20.040 (Nonconforming structures: voluntary/involuntary damage, 50% rebuild test, repairs)
  • § 20.20.050 (Nonconforming lots: permitted rights vs. complying with setbacks/coverage)
  • § 20.20.060 (Findings required for director approval of expansions; 15% cap on increase)
  • Table 20.11-5 / Table 20.11-6 (Accessory structures, patios and related dimensional standards) — Chapter 20.11 (Accessory structures & ADU rules) § 20.11.040 – § 20.11.060
  • Table 20.04-4 (Development standards for multiple-family residential zones; setbacks, density, heights) § 20.04.040
  • Table 20.07-2 (Industrial development standards for BP/M1/M2) § 20.07.040
  • Zoning districts and map: § 20.03.020 (Table 20.03-1)
  • Chino ADU notes (correction of nonconforming zoning conditions not required for ADU approval): § 20.11.020(h)
  • State ADU guidance and nonconforming zoning discussion (background on ADU nonconforming restrictions): 2025 California ADU handbook (provided file).

Sources

Retrieved passages

  • Chino Zoning Code (§ 1) High relevance
  • Chino Zoning Code (section 20.20.060) High relevance
  • Chino Zoning Code (Chapter 20.23) High relevance
  • Chino Zoning Code (§ 1) Medium relevance
  • Chino Zoning Code (title of) Medium relevance
  • Chino Zoning Code (§ 1) Medium relevance
  • Chino Zoning Code (Chapter 20.19) Medium relevance
  • Chino Zoning Code (section shall) Medium relevance
  • Chino Zoning Code (Section 20.11.030) Medium relevance
  • CBC § 146 Medium relevance
  • CBC § 66321 (§ 66321) Medium relevance
  • Chino Zoning Code (Section 17958.1) Medium relevance
  • Chino Zoning Code (Section 20.04.040.B.5) Medium relevance
  • Chino Zoning Code (Chapter 20.22.) Medium relevance
  • Chino Zoning Code (section 6404.5.) Medium relevance

Cited sections

Frequently asked questions

What happens if I stop operating my nonconforming business in Chino for a few months?

If a legal nonconforming use is discontinued for 180 or more consecutive days, it loses nonconforming status and cannot be reinstated as nonconforming; the site must thereafter comply with current zoning rules. § 20.20.030.B

Can I rebuild a nonconforming building after it was damaged by fire?

Yes — if the damage was involuntary you may reconstruct up to the original size/placement provided repair cost does not exceed 50% of the structure’s pre-damage value. If repairs would exceed 50% of value, the structure must be made to conform to current standards. § 20.20.040.B

If my garage was legally nonconforming and I demolish it, can I rebuild it the same way?

No — a legal nonconforming structure that has been voluntarily demolished cannot be reconstructed as nonconforming; reconstruction must comply with the code. § 20.20.040.A

Can I expand a nonconforming retail use or add space for a new tenant?

Possibly — enlargements or structural modifications require administrative approval by the director and the findings in § 20.20.060; expansion cannot increase the site or floor area of the nonconforming use/structure by more than 15% and cannot increase residential density. § 20.20.040.D, § 20.20.060

Are nonconforming lots allowed to build to the same standards as conforming lots?

A legal nonconforming lot is permitted the development rights and uses of its zoning district, but any new development must comply with setback, coverage and other applicable standards of the district (it does not get automatic variances). § 20.20.050

Does Chino force me to correct nonconforming zoning conditions to get an ADU?

No — Chino’s ADU provisions explicitly state that correction of nonconforming zoning conditions is not required as a condition of ADU approval; state ADU law provides additional protections. Check § 20.11.020(h) and ADU rules when applying. § 20.11.020(h)

If I want to change a nonconforming use to a different use, can I do that?

A nonconforming use may not be replaced by another nonconforming use; if converted to a conforming use, you cannot later resume the prior nonconforming use. Changes of ownership or tenancy alone do not terminate nonconforming status if intensity does not change. § 20.20.030.D–F, § 20.20.030.A

My multi‑family building was abandoned before it burned. Can I rebuild it?

If a multiple‑family dwelling was abandoned for 180 or more consecutive days before involuntary damage, or if it constituted a public nuisance prior to damage, it may not be reconstructed unless it complies with current code. § 20.20.040.C

Where do I find the numerical setback and height standards that determine what I must bring into compliance?

Check the district development tables (for example Table 20.04-4 for multi‑family and Table 20.07-2 for industrial) and the zoning district chapter for your parcel; the zoning map in § 20.03.020 shows district boundaries. § 20.04.040, § 20.07.040, § 20.03.020

Who makes the final call on whether an expansion of a nonconforming use is allowed?

The director of community development (administrative approval) makes determinations on expansions per Chapter 20.23, subject to appeal and the findings listed in § 20.20.060. If uncertain, request an official interpretation under § 20.02.030. § 20.20.060, § 20.02.030 ---

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