Local zoning · Covina

Covina — Nonconforming Uses

Q: What is a nonconforming use in Covina?

A nonconforming use in Covina is a use that lawfully existed on the effective date of the ordinance but does not conform to the current permitted uses in the zone; the code definition is at § 17.04.429 and the general nonconforming rules are in Chapter 17.70 .

Q: How do I know if my property is Group A or Group B nonconforming?

The Code treats Group A as generally non‑detrimental (undersized lots, building setbacks/height nonconformance, density issues in residential zones) and Group B as detrimental (commercial buildings in residential zones or disallowed uses in any zone). See § 17.70.030–060 for definitions and examples.

Q: If I have a nonconforming commercial use in a residential zone, how long can it stay?

Commercial buildings in residential zones are typically Group B and subject to amortization; the Code lists amortization periods tied to the building construction type (Type 1/2 = 20 years ; Type 3/4 = 15 years ; Type 5 = 10 years ) in § 17.70.070(B) . Extensions can be requested under § 17.70.180 .

Q: If the nonconforming use stops for a while, can it be resumed?

If a nonconforming use is discontinued or abandoned for 180 days , any future use of the building or land must be in conformity with the title — meaning the nonconforming right is lost (see § 17.70.080(B) and § 17.70.090 ).

Q: Can the Planning Commission extend the amortization schedule?

Yes — the owner may apply for review under § 17.70.180 to request extension of the time for discontinuance or to request substitution of another permitted use. The application follows the same procedures as a conditional use permit and requires findings to be met by the applicant.

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

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Last reviewed: July 1, 2026

Overview

This page summarizes how the City of Covina treats nonconforming lots, buildings and uses under Title 17 (Zoning), primarily Chapter 17.70. It explains the two-category framework (Group A vs Group B), how amortization, discontinuance and reconstruction rules apply, and what differs by district (major residential, commercial and industrial zones). For implementation questions about site layout, see the city's development standards and for vehicle requirements see parking. All legal requirements below are grounded in the Covina Zoning Code (citations to the controlling § are given).

Chapter and definitions

The local nonconforming rules are in Chapter 17.70 — Nonconforming Lots, Buildings and Uses of Covina’s Zoning Code (Title 17). See the code definitions for "Nonconforming use" at § 17.04.429.

How Covina classifies nonconformities (plain structure)

Group A nonconforming: Generally not detrimental; includes undersized lots (Group A lots, § 17.70.030) and buildings that don’t meet current height/yard/distance standards (Group A buildings, § 17.70.040). Alterations are allowed if they meet current property development standards for that zone.
Group B nonconforming: Detrimental uses/buildings (for example, commercial buildings in residential zones or residential buildings in commercial/industrial zones); these are subject to amortization and must be removed within a prescribed timetable unless extended by the Planning Commission under § 17.70.180. See § 17.70.060 – 17.70.080 and § 17.70.070 for the amortization rules.

Key procedural features (short)

Owners may apply to the Planning Commission for an extension of time or substitution of use under § 17.70.180; the process follows conditional-use permit notification/hearing rules and places burden of proof on the applicant. Approvals may be conditioned.
If a nonconforming use is discontinued for 180 days, the property loses the ability to resume that nonconforming use (180‑day abandonment rule). See § 17.70.080(B) and § 17.70.090.

District-by-district (Covina-specific)

Below are the districts where the nonconforming rules are applied in the Code and the most decision-relevant standards shown in the ordinance excerpts we retrieved. Each subsection gives the Code’s local context and cites the sections where nonconforming treatment is required to be applied.

Note: If you need a development‑plan review or design feedback for changes that touch historic fabric, consult design review and historic preservation early.

RD (Residential Density) — RD

Purpose & where it applies: Medium- and high-density residential areas; the RD district regulations appear in the Land Use and Property Development Standards tables (Tables 17.28.030 and 17.28.040). Nonconforming buildings/uses within RD are governed by Chapter 17.70 (nonconforming rules).
Typical permitted uses: multifamily housing types, day care (conditional), public parks, accessory uses; the RD land‑use table expressly references nonconforming lots/buildings as subject to Chapter 17.70.
Key dimensional standards (examples from Table 17.28.040): Front setback 15–20 ft, Interior side 5 ft, Rear 15 ft, Max coverage 35%, Height limit 35 ft (varies by RD subcategory). These are the standards additions must meet when altering a Group A nonconforming building.
Where nonconforming rules matter most: density/lot area nonconformance (Group A lots, § 17.70.030) and additions to nonconforming structures (Group A building rules, § 17.70.040).

C-2 (Community Commercial) — C-2

Purpose & typical uses: Neighborhood/commercial service retail, listed commercial uses; certain uses expressly prohibited (residential uses are prohibited in C-2 except where provided). See prohibited uses list and property development sections in the C-2 chapter.
Nonconforming implications: A residential structure that exists in C-2 but is not allowed would be treated as a nonconforming use/building per Chapter 17.70; conversion back to a conforming use or application for review is covered by § 17.70.160 (continuation under permits) and § 17.70.180 (review/extensions).

C-3 (General Commercial) — C-3

Purpose & typical uses: Broad commercial/services; § 17.40.040 lists prohibited uses and § 17.40.060+ contains the property development standards. Residential uses are generally prohibited in C-3 unless specifically allowed. Nonconforming residences in C-3 are therefore Group B in many cases and subject to amortization rules in § 17.70.070.

C-4 and C-5 (Highway / Specified Highway Commercial) — C-4, C-5

Purpose & typical uses: Highway-oriented commercial services; some uses (e.g., tobacco/smoke shops) are conditionally permitted only in C-4 and C-5 with special distance and CUP rules. Existing smoke shops or other uses that predate the regulation may continue as legal nonconforming uses under Chapter 17.70 (see § 17.61.030 and reference to Chapter 17.70).
Nonconforming signage and fences: signs that become nonconforming must be removed or conformed within 3–5 years depending on sign type (see § 17.70.100) and fences/hedges have a 3‑year conforming/ removal requirement (§ 17.70.110).

M-1 (Light Manufacturing) — M-1

Purpose & typical uses: Light industrial/manufacturing uses. Some uses, like adult-oriented businesses, are limited by distance rules and may be treated as Group B nonconforming if not allowed by later ordinances (see the adult‑oriented business amortization rules pointing back to Chapter 17.70). The adult-use proximity and amortization language references continuation under Chapter 17.70 and a one-year amortization in certain annexation cases.

Single‑family residential / "single‑family residential zone"

The code frequently refers to single‑family residential zones when applying density/population rules and the ADU/JADU rules. The code treats residential density nonconformities as Group A in residential and agricultural zones (population density issues) — alterations allowed so long as density is not increased (§ 17.70.050(A)). The exact label "R‑1" was not found in the retrieved materials for these excerpts (Verify with the jurisdiction).

How the rules operate — practical points and controls

Continuation: Group A nonconforming lots and buildings may continue and be altered so long as the alteration complies with the zone’s current property development standards (§ 17.70.030–040).
Termination / amortization: Group B nonconforming uses in conforming buildings must be terminated within five years of the ordinance making them nonconforming in many cases (§ 17.70.080(B)); Group B buildings are amortized on a construction‑type timetable: 20 years for Type 1/2; 15 years for Type 3/4; 10 years for Type 5 (see § 17.70.070(B)). Extensions are possible via the Planning Commission under § 17.70.180.
Alterations and reconstruction: Repairs/rebuild after damage are allowed provided the cost does not exceed 50% of replacement value (§ 17.70.140). Any alteration that converts a nonconforming portion to conforming use prevents return to nonconforming use for that portion (§ 17.70.130).
Signs/fences/parking: Signs and billboards have specific amortization/removal timeframes (§ 17.70.100); fences/hedges have a 3‑year compliance window (§ 17.70.110); off‑street parking that is nonconforming may limit building expansions until parking requirements are provided (§ 17.70.120). For plan updates, consult parking.
Permit/variance interplay: Nonconforming lots, uses and buildings operating under a previously granted variance or conditional use permit may continue under the original permit conditions, except where specifically altered by the code (§ 17.70.160).
ADUs and nonconforming zoning: State ADU law limits local denial for ADUs on the basis of nonconforming zoning conditions. Covina’s code references ADU/JADU rules and the priority of those sections over conflicting zoning provisions; see the ADU chapter and state guidance. For ADU-specific practice, see the city's ADUs page and state guidance (see Source References).

Quick reference table — decision‑relevant nonconforming standards

What	Short rule or limit	Code Reference
Definition — nonconforming use	Use existing on effective date that doesn’t conform to permitted uses in the zone	§ 17.04.429
Group A nonconforming lots	May continue; permitted uses of the zone allowed subject to development standards	§ 17.70.030
Group A nonconforming buildings	Allowed to continue; additions must meet current zone standards	§ 17.70.040
Group B nonconforming uses (buildings)	Must terminate within 5 years (unless extended); cannot expand; 180‑day abandonment rule	§ 17.70.080(B)
Group B nonconforming buildings (amortization)	Amortization by construction type: 20 / 15 / 10 years (Types 1/2, 3/4, 5)	§ 17.70.070(B)
Extensions / substitution	Planning Commission review; same procedures as a CUP; applicant bears burden of proof	§ 17.70.180
Reconstruction after damage	Allowed if repair cost ≤ 50% of replacement value	§ 17.70.140
Nonconforming parking	Cannot expand building until added/expanded parking complies with code	§ 17.70.120
Signs / billboards	Identification signs: conform/removed within 5 years; billboards within 3 years	§ 17.70.100

Checklist (what an applicant must generally satisfy)

Confirm whether the existing condition is a nonconforming lot, building, or use and whether it is Group A or Group B (see § 17.70.030–050).
If proposing to continue/alter a Group A nonconforming building: show that any addition complies with current zone property development standards (e.g., RD Table 17.28.040 setbacks/coverage) and list specific standards to be met.
If the use/building is Group B or amortizing: prepare a nonconforming-use review application if seeking extension/substitution and substantiate the constitutional/takings and public‑welfare findings required by § 17.70.180.
Demonstrate parking compliance or show how the project will meet the off‑street parking rules; nonconforming parking restricts expansion (see § 17.70.120 and the city’s parking rules).
If reconstruction after damage is proposed, provide an appraiser’s valuation showing repair cost ≤ 50% to qualify under § 17.70.140.
For signs, fences, or billboards, document date of legal existence and plan to remove/bring into conformity within the ordinance deadline (3–5 years depending on type) per § 17.70.100–110.
If the property is in an overlay (historic, specific plan) check overlay districts and historic preservation rules; these can affect the availability of extensions or conversions. Verify site‑specific restrictions. (Verify with the jurisdiction.)

Risks & Ambiguities

Issue	Why it matters	What to verify
Group A vs Group B classification	Controls whether you may continue/alter or face amortization/removal	Verify which subsection applies to your situation using § 17.70.030–080; if in doubt, ask Planning staff.
Amortization period measured from which ordinance date	Amortization clocks start on the “effective date of any ordinance which makes them nonconforming” — determining that date affects how long the use/building can remain	Request the city’s legal determination of which ordinance made the use nonconforming and the effective date. See § 17.70.070–080.
Construction type for amortization (Type 1–5)	Amortization length is tied to building code construction type; mis-classifying the type will change the amortization window	Provide documentation to the Building Official showing the construction type used to compute the 10/15/20‑year timeline (see § 17.70.070(B)).
180‑day discontinuance rule	Discontinuance for 180 days can extinguish nonconforming rights	Confirm continuous operation history and be ready to prove non‑discontinuance (see § 17.70.080(B) and § 17.70.090).
Interplay with ADU state rules	State ADU law limits denial based on nonconforming zoning conditions; local code references ADU/JADU provisions that may prevail	Consult Covina ADU chapter and state ADU guidance; local ADU standards may prevail over conflicting zoning provisions (see ADU chapter and State ADU guidance). Verify with Planning.
Parcel-specific overlays, historic status, or SB9 implications	Overlays or historic designation may prevent ministerial approvals or require special findings	Check overlay maps and consult overlay districts and the city’s historic preservation staff. If SB9 or lot‑split proposals are considered, note the nonconforming‑condition rules in the SB9 section (§ 17.33.060). (Verify with the jurisdiction.)

Plain‑English summary

Covina’s zoning code keeps older, legal-but-nonconforming lots/structures/uses alive in many cases (Group A) but forces removal or conversion of uses/buildings found to be detrimental (Group B) on timetables tied to construction type or the ordinance that changed the rules; owners can request extensions or substitutions from the Planning Commission, and certain repairs/rebuilds are allowed under limits. See Chapter 17.70 for the specific rules you must follow.

Source References

Covina Zoning Code — Chapter 17.70, NONCONFORMING LOTS, BUILDINGS AND USES (including §§ 17.70.010–180) — Code excerpts in the uploaded Covina Zoning Code file.
Definition of "Nonconforming use" — § 17.04.429.
Amortization and Group B limits — § 17.70.060–080 (Group B description and amortization timetables).
Reconstruction after damage — § 17.70.140 (50% rule).
Off‑street parking and nonconforming parking limitations — § 17.70.120; consult city parking standards for detailed ratios.
RD zone land‑use and development standards (Tables 17.28.030 / 17.28.040) — examples of setbacks, density and coverage that govern how Group A changes must comply.
C-2 / C-3 / C-4 / C-5 commercial zone use lists & prohibitions (impacting what becomes nonconforming) — various sections in Chapter 17 (e.g., C-2 § 17.38, C-3 § 17.40, C-4/C-5 § 17.46).
Adult‑oriented business proximate limits and amortization reference to Chapter 17.70 — § 17.55.030–050.
Covina ADU/JADU local chapter (conflict priority and streamlined approvals) and State ADU law guidance — Covina ADU chapter and the uploaded State ADU handbook. See Covina ADU chapter and ADUs; State ADU guidance summarized in the uploaded ADU handbook.

Sources

Retrieved passages

CMC § 2 (§ 2) High relevance
CMC § 17.70.150 (§ 17.70.150.) High relevance
CMC § 17.70.030 (§ 17.70.030.) High relevance
CMC § 2 (§ 2) High relevance
CMC § 1 (§ 1) High relevance
CMC § 17.04.429 (§ 17.04.429.) High relevance
CMC § 19 (§ 19) High relevance
CMC § 17.70.120 (§ 17.70.120.) High relevance
CMC § 4 (§ 4) High relevance
CMC § 5 (title thereto) High relevance
CMC § 6 (§ 6) Medium relevance
CMC § 5 (chapter and) Medium relevance

Cited sections

Official Covina code library

Frequently asked questions

What is a nonconforming use in Covina?

A nonconforming use in Covina is a use that lawfully existed on the effective date of the ordinance but does not conform to the current permitted uses in the zone; the code definition is at § 17.04.429 and the general nonconforming rules are in Chapter 17.70.

How do I know if my property is Group A or Group B nonconforming?

The Code treats Group A as generally non‑detrimental (undersized lots, building setbacks/height nonconformance, density issues in residential zones) and Group B as detrimental (commercial buildings in residential zones or disallowed uses in any zone). See § 17.70.030–060 for definitions and examples.

If I have a nonconforming commercial use in a residential zone, how long can it stay?

Commercial buildings in residential zones are typically Group B and subject to amortization; the Code lists amortization periods tied to the building construction type (Type 1/2 = 20 years; Type 3/4 = 15 years; Type 5 = 10 years) in § 17.70.070(B). Extensions can be requested under § 17.70.180.

Can I rebuild a nonconforming building if it’s damaged by fire?

Yes, but the Code allows reconstruction only if the cost to repair/rebuild does not exceed 50% of the reasonable replacement value immediately prior to the damage (see § 17.70.140). You must document value with a qualified appraiser.

Does a nonconforming sign have to be removed?

Identification signs that became nonconforming must be removed or made to conform within five years of the ordinance that made them nonconforming; billboards must be removed or made conforming within three years; during the interim they must be maintained and not structurally altered (see § 17.70.100).

If the nonconforming use stops for a while, can it be resumed?

If a nonconforming use is discontinued or abandoned for 180 days, any future use of the building or land must be in conformity with the title — meaning the nonconforming right is lost (see § 17.70.080(B) and § 17.70.090).

Do nonconforming parking spaces block building expansions?

Yes — where parking/loading is nonconforming, the Code prohibits expanding the building or adding uses until off‑street parking/loading requirements for the enlarged part are complied with (see § 17.70.120). Consult the city’s parking table for standards.

Can the Planning Commission extend the amortization schedule?

Yes — the owner may apply for review under § 17.70.180 to request extension of the time for discontinuance or to request substitution of another permitted use. The application follows the same procedures as a conditional use permit and requires findings to be met by the applicant.

What if my property is in an overlay or historic district?

Overlay or historic district status can change what is allowed and may affect ministerial approvals, extensions or conversions; check the city’s overlay districts and historic preservation pages and verify parcel‑specific restrictions with Planning staff. (Verify with the jurisdiction.)

How do ADU rules interact with nonconforming zoning conditions?

Covina’s ADU/JADU provisions reference that ADU standards may prevail over conflicting zoning provisions and state ADU law limits denial on the basis of nonconforming zoning conditions in many cases; see the ADU chapter and state ADU guidance for specifics. For local ADU process see ADUs and state ADU notes (uploaded handbook).

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