Local zoning · Commerce

Commerce — Nonconforming Uses

Q: How long can a nonconforming commercial use remain in Commerce before abatement is required?

Nonresidential nonconforming uses are subject to the abatement schedule in Table 19.37.100A : examples include 1 year for a use not occupying a structure, 3 years for a use in a structure under 100 sf, 5 years for a use not permitted (except some oil/gas exceptions), and 10 years for oil/gas wells. See § 19.37.100 and Table 19.37.100A.

Q: If my industrial building is damaged in a fire, can I rebuild it to its former size?

You may repair or rebuild if damage does not exceed 50% of the structure’s market value and repairs are started within one year and proceed without long stoppages; if repair costs exceed 50% , the rebuilt structure must fully comply with current development standards for the zone ( § 19.37.170 ).

Q: Does lack of required parking automatically make a use nonconforming in Commerce?

No. The code states that a use or structure is not deemed nonconforming solely because it lacks required off‑street parking, but any change of use, occupancy, or expansion of the use/structure will require the entire use/structure to provide parking per Chapter 19.21 ( § 19.37.030.A , § 19.37.200 ).

Q: Can I change a nonconforming use to a different nonconforming use?

No. The ordinance prohibits changing one nonconforming use into another nonconforming use; any change must conform to current zoning or be to a conforming use ( § 19.37.110 ).

Q: What happens if I stop operating a nonconforming use for a year?

If the nonconforming use is discontinued or abandoned for 18 continuous months , the nonconforming right is lost and the property must thereafter conform to current zoning; the Community Development Director may grant a single six‑month extension in appropriate circumstances ( § 19.37.120 ).

Q: If my lot is smaller than required, can I build on it?

If a lot is less than the minimum required area, it must be combined with any adjacent lots under common ownership before approval of any building permit; if the lot contains less than 75% of the minimum required area, the existing use cannot be changed or increased in intensity ( § 19.37.220–230 ).

Q: Who can grant additional time to amortize a nonconforming use in Commerce?

The Planning Commission (or City Council on appeal) may grant an extension of time and will typically request a staff study and amortization evidence; the Commission balances public interest and owner hardship when setting amortization periods ( § 19.37.320 , § 19.37.280–290 ).

Q: Are public utilities treated differently as nonconforming uses?

Yes; public service and utility buildings and facilities are not to be terminated or prevented from modernization or rebuilding solely due to nonconforming status, provided no increase in the area used occurs ( § 19.37.080 ).

Q: If I own a nonconforming sign, can I alter it?

Nonconforming fences, walls, and signs are controlled: nonconforming fences/walls cannot be enlarged or altered unless they are altered to conform. Signage is handled in Chapter 19.25 and nonconforming signs are subject to abatement per Chapter 19.37 — verify both § 19.37.180 and Chapter 19.25 . Not all sign specifics are repeated in Chapter 19.37; check Chapter 19.25 and § 19.37.180 .

Q: Does a change in zone boundaries restart abatement timing?

Yes. When a use, structure, or lot becomes nonconforming due to a change of zone boundaries or regulations, the abatement period is computed from the date of the notice of nonconformity after the effective date of the change ( § 19.37.020 ). ---

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

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Last reviewed: July 1, 2026

Overview

This page summarizes what the City of Commerce zoning ordinance (Title 19) actually requires for nonconforming uses, structures, lots, parking, and abatement. The controlling rules live in Chapter 19.37; where district-specific development rules matter the page points to the exact zone chapters that interact with nonconforming status. All requirements below are drawn from the Commerce Municipal Code; each rule cites the controlling § and the uploaded ordinance source.

Core rules (what the code says)

Intent and scope: Chapter 19.37 establishes the nonconforming regime and its purpose: transition nonconformities without creating undue economic hardship while protecting public health and safety (§ 19.37.010).
Which properties are covered: The nonconforming rules apply to existing nonconforming uses, structures, and lots as defined in Title 19; timing for compliance is computed from the notice date when zoning or regulations change (§ 19.37.020).
Legal vs. illegal: A use is a legal nonconforming use if it had the permits required at the time it was established; unpermitted structures/uses are illegal and subject to immediate abatement per the Municipal Code (§ 19.37.030 C–D).
Continuation, maintenance, and ownership transfers: An existing legal nonconforming use/structure may continue but cannot be expanded or materially altered to increase the nonconformity; routine maintenance is allowed; nonconforming status attaches to the property (not the owner) (§ 19.37.040, § 19.37.050).
Abatement (time limits): Nonresidential nonconforming uses and structures must be discontinued, removed, or altered to conform within the abatement schedules set in the tables (see Table 19.37.100A for uses and Table 19.37.150A for structures) — key schedules include 1 year, 3 years, 5 years, and 10 years depending on the type/size of the nonconformity (§ 19.37.100, Table 19.37.100A; § 19.37.150, Table 19.37.150A).
Abandonment: If a nonconforming use is discontinued or abandoned for 18 continuous months (with one discretionary 6‑month extension possible), the nonconforming right is lost and the property must be used in conformity with current zoning (§ 19.37.120).
No change to another nonconforming use: A nonconforming use may not be changed to another nonconforming use (§ 19.37.110).
Expansion and alterations: Nonconforming uses or structures may not be enlarged so they occupy parts of the site or additional structures they did not occupy when they became nonconforming, nor may they replace equipment or add features that cause failure to meet performance standards (§ 19.37.130, § 19.37.160).
Repair/destruction: A nonconforming structure damaged up to 50% of market value may be repaired if work begins within one year and proceeds without long stoppages; damage requiring repairs exceeding 50% of market value must be rebuilt in full compliance with current development standards (§ 19.37.170).
Parking exceptions and triggers: Lack of required off‑street parking alone does not create nonconforming status, but if a nonconforming use changes occupancy or expands the structure/use, the entire use must comply with the off‑street parking/loading rules in Chapter 19.21 (§ 19.37.030.A, § 19.37.200). For details on parking tables see the city's parking chapter.
Nonconforming lots: Lots smaller than required must generally be combined with adjacent lots under common ownership before new building permits are issued; if a lot is less than 75% of the required minimum area, the existing use may not be changed or increased in intensity (§ 19.37.220, § 19.37.230, § 19.37.240).
Administrative and abatement process: The Community Development Director can notify owners and the Planning Commission conducts hearings; the Planning Commission (or City Council on appeal) may grant time extensions where amortization would otherwise be unreasonable; if ordering removal, the city may remove the nonconforming use/structure and assess the cost (§ 19.37.260–§ 19.37.330).
Exceptions: Public utilities and public service facilities are exempt from termination solely because they are nonconforming provided no increase in area used occurs (§ 19.37.080).

Because nonconforming rules interact with zone-specific development standards, see the district breakdown below and the cited zone chapters for the dimensional standards that matter when the code says a repaired or enlarged building must meet current zone standards.

District-by-district breakdown (purpose, typical uses, dimensional highlights, where it applies)

Notes: each district subsection below lists the actual zone name that appears in Title 19 and points to the relevant code sections. These zone chapters reference Chapter 19.37 for nonconforming treatment where noted.

C-2 (Commercial zone)
- Purpose and typical uses: Retail and service commercial uses (see Table 19.09.010A). Dwelling, single‑family and multifamily are also listed as allowed uses in some cases (§ 19.09.020).
- Key dimensional standards: Minimum lot 15,000 sf, maximum height 50 ft (2 stories) within 500 ft of residential, front/side/rear setbacks and lot coverage 50%, FAR 0.5:1 (see Table 19.09.030A) (§ 19.09.030).
- Where it applies: Commercial corridors and arterials; Chapter 19.09 cites that nonconforming rules in Chapter 19.37 apply to C‑2 uses. When a C‑2 building is nonconforming, repairs/rebuilds are limited by § 19.37.170 and expansion rules § 19.37.130.
CPF (Commercial Public Facility / PF) — Public Facility zone
- Purpose and typical uses: Government, public educational facilities, hospitals, libraries, parks, community facilities (Table 19.13.020A) (§ 19.13.010–19.13.020).
- Key dimensional standards: Minimum lot 15,000 sf and other development standards in Table 19.13.030A; permitted projections and fences are in § 19.13.040–50. Chapter 19.13 explicitly calls out Chapter 19.37 as applicable.
- Where it applies: Institutional and quasi‑public properties; nonconforming public utilities are treated specially under § 19.37.080.
C/M‑1, M‑1, M‑2 (Commercial‑Manufacturing, Light Manufacturing, Heavy Manufacturing)
- Purpose and typical uses: Industrial, manufacturing, and limited commercial/industrial uses with differing intensity; M‑2 allows heavy industrial and adult businesses in limited circumstances (§ 19.11.010).
- Key dimensional/use constraints: Uses are listed in Table 19.11.030A (SIC‑based) with special conditions in Chapter 19.31; Chapter 19.11 cross‑references Chapter 19.37 for nonconforming treatment. When development in M‑zones becomes nonconforming, the abatement schedules and repair/rebuild caps in § 19.37.150–170 apply.
HOO (Housing Opportunity Overlay)
- Purpose and typical uses: Overlay permitting residential/mixed‑use on certain M‑2 parcels to promote housing; the overlay permits conversion subject to Chapter 19.47 standards. For legal nonconforming uses the chapter states Chapter 19.37 applies (so nonconforming industrial uses converting to residential must follow 19.37 rules) (§ 19.47.020.C).
PD (Planned Development Overlay)
- Purpose and typical uses: An overlay applied with an underlying zone to allow flexible design and a mix of permitted uses; PD expressly defers to the underlying zone but requires at least 60% of lot to be developed with permitted uses of the underlying zone (§ 19.15.010–19.15.020). Nonconforming rules in Chapter 19.37 apply to properties within PD where the underlying zone standards carry forward.
R‑3 (Multi‑Family Residential)
- Purpose and typical uses: Multi‑family residential and certain community care facilities subject to conditional use review; Chapter 19.07 ties community care facility rules to the R‑3 zone. Nonconforming residential dwelling units are treated differently (residential nonconforming uses/structures are generally exempt from forced abatement schedules in § 19.37.100 / § 19.37.150 but cannot be expanded) (§ 19.37.100.A, § 19.37.150.A, § 19.07.120).

Note: each zone chapter above includes direct references to Chapter 19.37; when a repair, enlargement, or rebuild is proposed the applicable zone development standards in its chapter are the standards the nonconforming structure will be measured against per § 19.37.160–170.

Quick reference table — Decision‑relevant rules and code citations

Issue / Standard	Rule (plain)	Code Reference
Governing chapter for nonconforming rules	All nonconforming uses/structures/lots are governed by Chapter 19.37	§ 19.37.010–§ 19.37.020
Abatement schedule — nonresidential uses	Schedule: 1 yr (uses not occupying structure), 3 yrs (<100 sf in structure), 5 yrs (use not permitted), 10 yrs (oil/gas)	Table 19.37.100A / § 19.37.100
Abatement schedule — structures	3 yrs (<100 sf), 10 yrs (>100 sf), 10 yrs (oil/gas)	Table 19.37.150A / § 19.37.150
Abandonment period	18 months continuous cessation → nonconforming right lost (one 6‑month extension discretionary)	§ 19.37.120
Repair/rebuild after damage	Repair allowed if damage ≤ 50% of market value and work begins within 1 year; >50% requires full compliance with current standards	§ 19.37.170
Parking	Lack of parking alone does not create nonconformity, but any change/expansion requires full compliance with Chapter 19.21	§ 19.37.030.A, § 19.37.200
Nonconforming lots (< min. area)	Must combine with adjacent common‑ownership lots before new permits; if < 75% of min. area, use intensity cannot increase	§ 19.37.220–230
Extension of time / amortization	Planning Commission may grant extension; city may require amortization study and may extend for hardship	§ 19.37.320

Checklist — what an applicant/property owner must satisfy to preserve or seek extension for a nonconforming condition

Establish legal nonconforming status (show permits or other proof that the use was legal when established) — § 19.37.030.C.
Confirm the applicable abatement schedule (use vs. structure; size thresholds) and compute termination date from the notice date if zoning/regulations changed — § 19.37.020, § 19.37.100, § 19.37.150.
If claiming abandonment has not occurred, document continuous use (activity records, leases, utilities, tax filings) to rebut an 18‑month abandonment presumption — § 19.37.120.
Do not expand use or structure beyond the area occupied at the time of nonconformity — § 19.37.130, § 19.37.160.
If repairing damage: verify repair cost ≤ 50% of market value and start repairs within one year, or else plan full compliance with current zone standards — § 19.37.170.
If requesting extension/amortization, file petition to the Planning Commission and provide evidence of investment and hardship (depreciation schedules, financials) — § 19.37.320–§ 19.37.290.
If changing use or increasing intensity, prepare to provide full off‑street parking/loading per Chapter 19.21 — § 19.37.200.
For undersized lots, combine or resubdivide lots under common ownership prior to applying for building permits — § 19.37.220.

(Verify parcel-specific facts with the Community Development Director; Title 19 reserves director interpretation powers — § 19.03.020).

Risks & Ambiguities

Issue	Why it matters	What to verify
Legal status vs. illegal improvements	Unpermitted improvements are immediate abatement candidates — you may lose the nonconforming protection	Confirm historic permit records; if none, owner faces abatement under § 19.37.030.D.
Abandonment timing (18 months)	Activity gaps can terminate nonconforming rights	Verify continuous use records; request a discretionary 6‑month extension only when justified (§ 19.37.120).
Repair value threshold (50%)	Rebuild vs. repair hinge on this test — large repairs force full compliance	Obtain independent market valuation and cost estimates; § 19.37.170 sets the test.
Off‑street parking triggers	A change of use or expansion will trigger full parking compliance and could block project feasibility	Check Chapter 19.21 and § 19.37.200 before approving tenant changes.
Which zone standards apply after repair	Some repairs are permitted only if they do not increase nonconformity; others require full conformance	Determine whether proposed work is “repair” under § 19.37.170 or an enlargement under § 19.37.160.
Parcel‑specific overlays (HOO, PD)	Overlay rules can change the baseline standards that a nonconforming building is measured against	Verify whether the overlay has been elected/applied (HOO references § 19.47.020.C) — if so, extra overlay standards may apply.
Amortization periods can be adjusted	Planning Commission may lengthen abatement where hardship shown, but city may still order removal and assess costs	Prepare amortization evidence and expect a public hearing (notice and appeal rights: § 19.37.270–§ 19.37.300).

Plain‑English summary

Commerce’s zoning code treats legally established nonconforming uses and structures as temporary rights: you can keep using them, but you generally cannot make them bigger, you must maintain them, and nonresidential nonconformities face timed amortization schedules (1–10 years depending on size/type). If you stop the use for 18 months, lose the permits, or if repairs exceed 50% of value, the property must be brought into compliance with current zoning. The specific zone chapters (commercial, manufacturing, public facility, overlays) set the development standards a repaired or enlarged building must meet. § 19.37 is the controlling set of rules.

Source References

Commerce Municipal Code — Chapter 19.37 (Nonconforming Uses and Structures): § 19.37.010 through § 19.37.330 (full abatement, abandonment, repair, parking, lots, and hearing procedures).
Tables of abatement schedules: Table 19.37.100A (uses) and Table 19.37.150A (structures) in § 19.37.100 / § 19.37.150.
Commercial zone (C‑2) development standards: § 19.09.020–19.09.030, Table 19.09.030A.
Commercial Public Facility (CPF / PF) zone: § 19.13.010–19.13.030, Table 19.13.020A and Table 19.13.030A.
Manufacturing zones (C/M‑1, M‑1, M‑2): § 19.11.010–19.11.020, use lists and cross‑references to Chapter 19.37.
Planned Development (PD) overlay: § 19.15.010–19.15.030 (relationship with underlying zone and Chapter 19.37).
Housing Opportunity Overlay (HOO): § 19.47.010–19.47.030, applicability and relation to nonconforming rules.
Administration, director powers, and appeals: § 19.03.020 and Chapter 19.39 (hearing/appeal rules referenced in Chapter 19.37).

Inline links to related Commerce pages (first natural mention of each topic):

For parking requirements see the Commerce Parking page. [/us/california/commerce/parking]
For development standards and setbacks see Commerce Development Standards. [/us/california/commerce/development-standards]
For design review procedures see Commerce Design Review. [/us/california/commerce/design-review]
For overlay districts (PD, HOO) see Commerce Overlay Districts. [/us/california/commerce/overlay-districts]
For ADU-specific rules (if your nonconforming question involves accessory units) see Commerce ADUs. [/us/california/commerce/adu]
For the state construction standard that governs repair permits see California Building Standards Code. [/us/california/building-codes]
For signage interactions (nonconforming signs) see Commerce Signage. [/us/california/commerce/signage]
For variances and appeals see Commerce Variances and Exceptions. [/us/california/commerce/variances-and-exceptions]

(These in‑page links are to the city/topic menu pages the GoCodebook site uses; the ordinance text and section numbers above are the legal source.)

Sources

Retrieved passages

Commerce Zoning Code (§ 1) High relevance
Commerce Zoning Code (CHAPTER 19.37) High relevance
Commerce Zoning Code (Chapter 1.12) High relevance
Commerce Zoning Code (Section 19.37.120) High relevance
Commerce Zoning Code (§ 1) High relevance
Commerce Zoning Code (§ 1) High relevance
Commerce Zoning Code (Section 19.39.140) High relevance
Commerce Zoning Code (§ 1) High relevance
Commerce Zoning Code (§ 1) Medium relevance
Commerce Zoning Code (Chapter 19.19) Medium relevance
Commerce Zoning Code (Chapter 19.19.) Medium relevance
Commerce Zoning Code (§ 4) Medium relevance
Commerce Zoning Code (chapter allow) Medium relevance

Cited sections

Official Commerce code library

Frequently asked questions

How long can a nonconforming commercial use remain in Commerce before abatement is required?

Nonresidential nonconforming uses are subject to the abatement schedule in Table 19.37.100A: examples include 1 year for a use not occupying a structure, 3 years for a use in a structure under 100 sf, 5 years for a use not permitted (except some oil/gas exceptions), and 10 years for oil/gas wells. See § 19.37.100 and Table 19.37.100A.

If my industrial building is damaged in a fire, can I rebuild it to its former size?

You may repair or rebuild if damage does not exceed 50% of the structure’s market value and repairs are started within one year and proceed without long stoppages; if repair costs exceed 50%, the rebuilt structure must fully comply with current development standards for the zone (§ 19.37.170).

Does lack of required parking automatically make a use nonconforming in Commerce?

No. The code states that a use or structure is not deemed nonconforming solely because it lacks required off‑street parking, but any change of use, occupancy, or expansion of the use/structure will require the entire use/structure to provide parking per Chapter 19.21 (§ 19.37.030.A, § 19.37.200).

Can I change a nonconforming use to a different nonconforming use?

No. The ordinance prohibits changing one nonconforming use into another nonconforming use; any change must conform to current zoning or be to a conforming use (§ 19.37.110).

What happens if I stop operating a nonconforming use for a year?

If the nonconforming use is discontinued or abandoned for 18 continuous months, the nonconforming right is lost and the property must thereafter conform to current zoning; the Community Development Director may grant a single six‑month extension in appropriate circumstances (§ 19.37.120).

If my lot is smaller than required, can I build on it?

If a lot is less than the minimum required area, it must be combined with any adjacent lots under common ownership before approval of any building permit; if the lot contains less than 75% of the minimum required area, the existing use cannot be changed or increased in intensity (§ 19.37.220–230).

Who can grant additional time to amortize a nonconforming use in Commerce?

The Planning Commission (or City Council on appeal) may grant an extension of time and will typically request a staff study and amortization evidence; the Commission balances public interest and owner hardship when setting amortization periods (§ 19.37.320, § 19.37.280–290).

Are public utilities treated differently as nonconforming uses?

Yes; public service and utility buildings and facilities are not to be terminated or prevented from modernization or rebuilding solely due to nonconforming status, provided no increase in the area used occurs (§ 19.37.080).

If I own a nonconforming sign, can I alter it?

Nonconforming fences, walls, and signs are controlled: nonconforming fences/walls cannot be enlarged or altered unless they are altered to conform. Signage is handled in Chapter 19.25 and nonconforming signs are subject to abatement per Chapter 19.37 — verify both § 19.37.180 and Chapter 19.25. Not all sign specifics are repeated in Chapter 19.37; check Chapter 19.25 and § 19.37.180.

Does a change in zone boundaries restart abatement timing?

Yes. When a use, structure, or lot becomes nonconforming due to a change of zone boundaries or regulations, the abatement period is computed from the date of the notice of nonconformity after the effective date of the change (§ 19.37.020). ---

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