Local zoning · Colton

Colton — Nonconforming Uses

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

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Last reviewed: July 1, 2026

Overview

Colton’s zoning code treats nonconformity as a temporary legal status for uses, lots, structures and signs that were lawful before a zoning change made them inconsistent with current rules. The controlling rules sit in Chapter 18.46 – Nonconforming Structures and Uses (purpose, repair, abandonment, destruction, and extensions) and the definitions in § 18.04.332–340.

This page summarizes the Colton rules that govern whether a nonconforming use may continue, be changed, repaired or restored, and what triggers permanent loss of the nonconforming status. For procedural topics you’ll see references to design review and development standards (setbacks, lot coverage) — consult the city’s development standards and design review pages early in any application, and check the Colton Zoning map to confirm the district. The city’s ADU rules also include specific nonconforming provisions; see the ADU page for that interplay.

What the Code Actually Says (key rules, grounded)

  • Purpose: Chapter 18.46 states the city’s intent to limit and phase down nonconforming uses and structures by regulating enlargements, re‑establishment after abandonment, and reconstruction after destruction. § 18.46.010.

  • Definitions: “Nonconforming”, “Nonconforming Lot”, “Nonconforming Structure” and “Nonconforming Use” are defined in § 18.04.332, § 18.04.334, § 18.04.338 and § 18.04.340 respectively. These definitions control whether a site/structure/use qualifies as nonconforming.

  • Nonconforming Lots: If multiple lots under the same ownership with continuous frontage were lawful when the code changed, they are treated as an undivided parcel and may not be divided in a way that creates substandard lots. § 18.46.020.

  • Nonconforming Uses of Land: A lawful land use without an expensive structure (replacement cost ≤ $10,000 threshold appears in related provisions) may continue but may not be enlarged, moved to another part of the lot, or resumed if it ceases for more than 60 days. § 18.46.030.

  • Nonconforming Structures: Lawful structures that now violate dimensional standards may remain but may not be altered to increase the nonconformity; if destroyed by more than 50% of replacement cost they cannot be rebuilt except in conformity with the code. Residential units in residential and mixed‑use districts do have a specific allowance to rebuild at prior density and setbacks after damage. § 18.46.040.

  • Nonconforming Uses of Structures (operational nonconformities): Uses in structures with replacement cost > $10,000 (or structure+premises) may continue but the building may not be enlarged, structurally altered, or moved except to convert to a permitted use; changing from one nonconforming use to another is allowed only if the Commission finds the new use is equally or more appropriate. If the nonconforming use is discontinued or abandoned for three consecutive months, the nonconforming use cannot be resumed. § 18.46.050.

  • Repairs & Maintenance: Ordinary repairs are allowed as long as they do not increase the cubic content of the nonconforming structure and do not exceed 10% of current replacement cost in any 12‑month period; if a building is declared unsafe it cannot be restored unless brought into compliance. § 18.46.060.

  • Off‑street parking: Nonconforming parking is separately regulated — residential changes that do not increase floor area by more than 55% generally do not trigger additional parking; nonresidential changes must maintain existing spaces or provide additional spaces per current standards. The Planning Commission may waive parking in rehabilitation projects in limited circumstances. § 18.36.022.

  • Residential extension periods: For residential nonconforming structures that were discontinued, the Design Review Committee may grant a Nonconforming Extension for up to three years; the Community Development Director may administratively extend for additional three‑year periods with owner concurrence; certain findings and recorded covenants are required. § 18.46.070.

  • Sector‑specific amortization: Some chapters (for example adult businesses) carry separate amortization or deemed‑approved provisions that can limit or require conversion of nonconforming uses within a set period. See Chapter 18.49 (Adult businesses / amortization). § 18.49.170.

District-by-district breakdown (how nonconforming rules interact with major mapped zones)

Note: the nonconforming rules in Chapter 18.46 apply citywide; the development standards listed below (setbacks, lot size, height, lot coverage) come from each zone’s property development standards and affect whether a structure or lot is nonconforming. Confirm the zone on the official map (see § 18.06.050).

V-L (VERY‑LOW RESIDENTIAL) — § 18.10 (examples: purpose & standards)

  • Purpose: Very low density, large lots and low coverage; intended for very low residential density and large lot development. § 18.10.010.
  • Typical permitted uses: single‑family dwellings (P), cluster residential per special procedure; consult Table E for use categories. § 18.06.060 / Table E.
  • Key dimensional standards (property development table): Minimum lot size 20,000 sf, frontage 100 ft, front setback 35 ft, side setbacks 10% of lot width up to 15 ft, max lot coverage 20%, max height 2.5 stories / 35 ft, minimum dwelling size 2,000 sf. § 18.10.050‑1.
  • Where it applies: areas mapped V‑L on the Official Zoning Map; confirm via § 18.06.050.

R‑1 (Single‑Family Residential) — § 18.12

  • Purpose: Standard single‑family residential neighborhoods; controls on setbacks and lot coverage intended to preserve low density. § 18.12.010–.050.
  • Typical permitted uses: single‑family dwellings (P); others per Table E. § 18.06.060 / Table E.
  • Key dimensional standards: minimum lot size 7,200 sf, lot width 60 ft, front setback 25 ft, side setbacks** = 10% lot width up to 15 ft**, max lot coverage 40%, max height 2.5 stories / 35 ft. § 18.12.050‑1.
  • Nonconformity implication: A house built to earlier (smaller) setbacks may be a nonconforming structure; repairs and reconstruction follow § 18.46 rules.

R‑2 (Medium Density Residential) — § 18.14

  • Purpose: Duplexes, small multi‑unit housing, alley‑loaded homes and townhouses. § 18.14.010.
  • Typical permitted uses: single‑ and two‑family dwellings, limited multifamily per Table E. § 18.06.060 / Table E.
  • Key dimensional standards: see Section 18.14.050‑1 property development standards (setbacks, minimum lot size and coverage; projection rules at 18.14.060). § 18.14.050‑1 / § 18.14.060.
  • Nonconformity implication: Residential nonconforming units follow the extension and abandonment rules in § 18.46.070 when occupancy ceases.

R‑3 / R‑4 (Higher Density Residential) — § 18.16

  • Purpose: Multifamily housing and higher density residential development. § 18.16.050 sets the development standard framework.
  • Typical permitted uses: multifamily dwellings permitted per Table E; other uses conditionally allowed. § 18.06.060 / Table E.
  • Key dimensional standards: e.g., minimum lot size 7,200 sf for R‑3/R‑4 tables, max lot coverage up to 70%, densities up to 16.1–22 DU/Acre with maximum heights around 35 ft (see Table 18.16.050‑1). § 18.16.050‑1.
  • Nonconformity implication: Multifamily units damaged beyond 50% have limited ability to be rebuilt unless code‑compliant, except the residential rebuild allowance noted in § 18.46.040(D).

Mixed‑Use / Downtown (e.g., MU / Specific Plan area) — § 18.23

  • Purpose: Higher intensity mixed residential / commercial with urban building placement standards. § 18.23.050‑1 lists street setbacks, transparency and FAR goals.
  • Typical permitted uses: mixed commercial/residential per Table E; details in § 18.06.060 Table E.
  • Key dimensional standards: densities to 30 du/ac for residential, nonresidential FAR up to 3.0, building heights typically 3 stories / 45 ft (with CUP allowing more), and zero‑to‑10 ft street setbacks in key streets. § 18.23.050‑1.
  • Nonconformity implication: Mixed‑use buildings with nonconforming parking or dimensions must follow § 18.46 plus the nonconforming parking rules in § 18.36.022.

Most decision‑relevant standards / permitted‑use summary

Topic Short rule Code reference
Definition of Nonconforming (Use/Structure/Lot) Lawful prior condition that now fails current code § 18.04.332 / § 18.04.338 / § 18.04.334 / § 18.04.340
When a nonconforming land use ends Ceasing > 60 days; subsequent use must conform § 18.46.030(C)
When nonconforming structure status is lost by destruction Damage > 50% of replacement cost → must rebuild conforming § 18.46.040(B)
When a nonconforming use of structure ends Discontinued/abandoned 3 consecutive months → can't resume § 18.46.050(E)
Repair limits Repairs up to 10% of replacement cost in any 12‑month period; cubic content not increased § 18.46.060(A)
Residential nonconforming extension Initial extension up to 3 years via Design Review; admin extensions possible § 18.46.070(B)–(C)
Nonconforming parking Residential: no new spaces needed unless floor area ↑ > 55%; Nonresidential must meet current ratios § 18.36.022
Special amortization (adult uses) Specific amortization periods/requirements in Chapter 18.49 § 18.49.170

Checklist (what an applicant must assemble / expect)

  • Confirm whether the use/structure/lot was lawfully established before the controlling zoning change (gather permits, business records, tax records). See definitions § 18.04.332–340.
  • Determine whether the nonconformity is a Use, Structure, Lot, Sign, or Parking condition (different rules apply). § 18.46.020–070; § 18.50.140; § 18.36.022.
  • If proposing continued residential occupancy after abandonment, prepare a Nonconforming Extension application to the Design Review Committee (show compliance with findings in § 18.46.070(D)), plan for a recorded covenant and security.
  • If repairing/replacing, calculate replacement‑cost thresholds and the 50% destruction threshold and the 10% annual repair limit; provide cost estimates. § 18.46.040(B), § 18.46.060(A).
  • For parking nonconformities, document existing spaces and any increase in floor area; check § 18.36.022 for parking triggers and possible commission waivers. Also review the city’s parking rules.
  • For ADU proposals on nonconforming lots or with unpermitted structures, consult the ADU chapter; the City will not deny an ADU solely because of a nonconforming zoning condition that does not threaten health/safety. See § 18.48.150(h) and the city ADU guidance. Link to ADU: ADUs.
  • Expect possible discretionary review (Design Review Committee, Planning Commission) for use changes where structural alterations are proposed — check design review.
  • If a nonconforming commercial use (e.g., alcohol sales) is regulated by a special chapter, check those special sections for amortization or deemed‑approved rules (e.g., Chapter 18.47, 18.49).

Risks & Ambiguities

Issue Why it matters What to verify
Was the prior use/structure lawful at the time of the code change? Only lawfully existing uses/structures can be nonconforming. If not lawful, no protection. Verify permits, dated business records, certificate of occupancy; check definitions in § 18.04.332–340.
Replacement‑cost / destruction thresholds >50% destruction (replacement cost) triggers loss of nonconforming structure status. Cost estimates drive the decision. Get an independent cost estimate and document the date of destruction relative to § 18.46.040(B).
Abandonment periods differ for land vs structure uses Land uses lapse after 60 days; structure uses after 3 months — different clocks matter for enforcement and reactivation. Verify applicable subsection: land uses § 18.46.030(C); structure/structure+premises uses § 18.46.050(E).
Repairs vs alterations (10% rule) Exceeding repair limits or increasing cubic content can be treated as re‑construction, triggering conformity requirements. Engineer/contractor cost breakdown vs § 18.46.060(A); verify whether proposed work increases cubic content.
Nonconforming ADU/State law interaction State ADU law limits when a city may deny ADU permits because of existing nonconforming conditions; Colton’s code references these protections. Check § 18.48.150(h) and applicable state ADU statutes; verify with Building and Planning staff.
Parcel map / lot‑line uncertainties Nonconforming lot rules treat multiple lots in single ownership as one parcel for lot‑width/area compliance. See § 18.46.020 and confirm via the Official Zoning Map and property title.

Plain‑English Summary

Colton lets legally existing uses, buildings and lots that no longer meet the rules keep operating for a time, but they can’t be enlarged or rebuilt if heavily damaged; if a use stops for the stated time (60 days for land uses, 3 months for building uses) or a building is more than half destroyed, the nonconforming protections are lost and future work must meet today’s zoning. Key references: Chapter 18.46 and the zone development standards for your district.

Source References

  • Colton Municipal Code, Chapter 18.46 — Nonconforming Structures and Uses (purpose, repair, abandonment, destruction, extension): § 18.46.010–§ 18.46.070.
  • Colton Zoning definitions: § 18.04.332 Nonconforming; § 18.04.334 Nonconforming Lot; § 18.04.338 Nonconforming Structure; § 18.04.340 Nonconforming Use.
  • Nonconforming parking: § 18.36.022.
  • Residential zone standards: V‑L § 18.10.050‑1 (property development tables).
  • R‑1 zone standards: § 18.12.050‑1 (property development tables).
  • R‑2 zone intent and standards: § 18.14.010; § 18.14.050‑1.
  • R‑3/R‑4 standards: § 18.16.050‑1.
  • Mixed‑Use / Downtown property standards: § 18.23.050‑1.
  • Uses permitted tables and the general mapping rule for zones: § 18.06.060; § 18.06.050 (Table E referenced throughout).
  • ADU nonconforming provisions: § 18.48.150(h) (nonconforming zoning code conditions and ADUs).
  • Signs (nonconforming signs): § 18.50.140.

Sources

Retrieved passages

  • Colton Zoning Code (§ 2) High relevance
  • Colton Zoning Code (§ 1) High relevance
  • Colton Zoning Code (§ 1) High relevance
  • Colton Zoning Code (§ 1) High relevance
  • Colton Zoning Code (title Shall) High relevance
  • Colton Zoning Code (chapter and) High relevance
  • Colton Zoning Code (§ 1) Medium relevance
  • Colton Zoning Code (§ 1) Medium relevance
  • Colton Zoning Code (section 17920.3.) Medium relevance
  • CPC § 2 (section 65852.2) Medium relevance
  • Colton Zoning Code (chapter for) Medium relevance
  • Colton Zoning Code (§ 31) Medium relevance
  • Colton Zoning Code (Section establishes) Medium relevance
  • CBC § 66314 (§ 66314) Medium relevance
  • CBC § 66321 (§ 66321) Medium relevance
  • Colton Zoning Code (Chapter 18.49) Medium relevance
  • Colton Zoning Code Medium relevance
  • Colton Zoning Code Medium relevance

Cited sections

Frequently asked questions

What happens if a nonconforming use of land in Colton stops for two months?

If a lawful nonconforming land use (with no individual structure over the $10,000 replacement‑cost threshold) stops for more than 60 days, any subsequent use must conform to the current zone; the prior nonconforming use cannot simply resume after that 60‑day window. § 18.46.030(C).

If my building is damaged in a fire and the repair cost is 60% of replacement cost, can I rebuild as it was?

No — the code treats damage exceeding 50% of replacement cost as destruction; structures destroyed beyond that threshold may not be reconstructed except in conformity with current zoning. There is a targeted residential rebuild allowance in some contexts, but verify applicability. § 18.46.040(B)–(D).

Can I change a nonconforming retail use into a different nonconforming use in Colton?

Yes, but only if no structural alterations are made and the Planning Commission finds the proposed nonconforming use is equally or more appropriate to the zone; the Commission can attach conditions. § 18.46.050(C).

My parking doesn’t meet today’s standards — can I renovate the building?

If the off‑street parking is nonconforming, residential changes that don’t increase floor area by more than 55% usually won’t trigger additional parking; nonresidential changes must keep existing spaces and add any deficit spaces required by current standards. The Commission can waive some covered‑parking requirements for rehabilitation in limited cases. § 18.36.022.

I have an ADU on a lot with nonconforming setbacks — can I get it permitted?

Colton’s ADU rules say the City will not deny an ADU solely because of a nonconforming zoning condition that does not present a threat to public health/safety and is not affected by the ADU’s construction. For exceptions and procedural detail, see § 18.48.150(h) and the ADU chapter. § 18.48.150(h).

If a nonconforming residential structure was abandoned for six months, can I get an extension to continue residential use?

Residential nonconforming structures discontinued for more than three months but less than 24 months may be eligible for a Nonconforming Extension; the Design Review Committee can grant an initial extension up to three years, and the Community Development Director may administratively grant additional three‑year extensions with owner concurrence, subject to findings and recorded covenants. § 18.46.070(B)–(E).

Are signs treated differently when nonconforming?

Yes. A lawfully permitted sign made nonconforming is allowed to continue so long as it is not enlarged or substantially altered; if it is substantially altered or removed, any future sign must comply with the sign chapter. See § 18.50.140.

Who decides whether a proposed new nonconforming use is “equally appropriate”?

The Planning Commission typically makes determinations when a nonconforming use of a structure is proposed to change to another nonconforming use; the Commission may impose conditions and requires a finding of equal or greater appropriateness. § 18.46.050(C).

If my lot was legal before a code change but is now undersized, can I subdivide it?

No — if contiguous lots in single ownership were of record at the time of the code amendment and do not meet current width/area, they are treated as an undivided parcel and cannot be divided to create new lots below required width/area. § 18.46.020.

Does Colton have special amortization for some nonconforming commercial uses?

Yes — certain chapters (for example adult businesses) include amortization provisions or deemed‑approved statuses that set timeframes or conditions for compliance or removal; review the specific chapter (e.g., Chapter 18.49 for adult uses). § 18.49.170.

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