Local zoning · Daly City

Daly City — Nonconforming Uses

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

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Last reviewed: July 2, 2026

Overview

This page summarizes what Daly City’s zoning ordinance (Title 17) requires for nonconforming uses, nonconforming buildings/structures, and nonconforming lots. The controlling rules are in Chapter 17.42 (Nonconforming Uses) and are applied across the city’s districts (see district list in 17.06.010). Where the zoning district has its own rule (for example C‑MU), that special rule is noted. Always verify parcel-specific questions with the city.

How Daly City treats nonconforming uses (plain legal rules)

  • Repairs and routine maintenance to keep a nonconforming building sound are allowed, but no structural alterations are permitted except those required by law. See § 17.42.010.
  • A nonconforming use may not be enlarged so as to increase the area occupied or to displace a conforming use in the same building. See § 17.42.020.
  • A nonconforming building with that use may not be moved on the lot unless the moved building and its use are made conforming. See § 17.42.030.
  • If a nonconforming use is changed to a conforming use (with no structural alterations), the nonconforming use cannot later be reestablished. See § 17.42.040.
  • Abandonment rule: If the nonconforming use is discontinued or abandoned for a continuous period of six months, it may not be reestablished and the property must be used in conformity with the zoning district. See § 17.42.050.
  • Damage/Destruction: If a building containing a nonconforming use is damaged/destroyed by calamity to an extent of not more than 50% of current replacement value, the use may be continued; if damage exceeds 50%, repair/reconstruction is not permitted unless the use is made conforming to the district. Restoration must start within one year and be diligently prosecuted. See § 17.42.060.
  • Termination: A nonconforming use terminates on the first of these events: structural alteration; enlargement/increase of space; change in use; moving the building; abandonment (6 months); damage past the threshold; or a council determination that the use is a nuisance. See § 17.42.070.

Practical takeaways: small repairs are OK; expansions, structural changes, long interruptions (>6 months) or major rebuilds (damage >50%) remove nonconforming legal protection.

District-by-district (Daly City excerpts with purpose, typical uses, key dimensional standards, and where it applies)

Note: Title 17 lists many zoning districts (the list is in § 17.06.010). The entries below are Daly City-specific summaries based on the ordinance excerpts retrieved. If a numeric standard for a district is not present in the retrieved text, the entry states "Not found in retrieved materials" and you should Verify with the jurisdiction.

R-1 (single-family residential)

  • Purpose: default single‑family district; properties not shown as other districts default to R‑1. See § 17.06.020(3).
  • Typical permitted uses: single‑family homes and accessory uses (textual; specific table for R‑1 numeric standards was Not found in retrieved materials). Verify with the city for exact R‑1 yard/lot standards. Not found in retrieved materials.

R-1/A (single‑family/duplex)

  • Purpose: protect neighborhoods while permitting duplexes where design standards are met. See Chapter 17.09.
  • Typical uses: single‑family dwellings and duplexes (subject to R‑1 rules). See 17.09.010 (purpose) and table references.
  • Key numeric standards: specific numeric table content for R‑1/A in the retrieved materials was limited; for details use the municipal code. Verify with the city. Not found in retrieved materials.

R-L (Residential Low Density)

  • Purpose: low‑density residential. See R‑L table.
  • Typical uses: Attached and detached single‑family dwellings, secondary dwellings (per city ADU rules).
  • Key dimensions (from table): Max height 30 ft; Min lot area 2,500–3,000 sq ft; Min front yard 15 ft, rear 10 ft. See R‑L table.

R-H (Residential High Density)

  • Purpose: support higher-density multi‑family housing with Objective Design Standards. See R‑H table.
  • Typical uses: multiple‑family dwellings subject to objective design standards.
  • Key dimensions: Maximum height up to 120 ft in certain circumstances; minimum lot area 43,560 sq ft in table context; check objective design standards and General Plan.

R-2/A (two‑family / design residential)

  • Purpose & typical uses: allows duplexes while protecting single‑family character; single‑family subject to R‑1 requirements; two‑family subject to design standards. See Chapter 17.11.
  • Key numeric standards (summary): Minimum lot area 2,500 sq ft; max height 30 ft; min front yard 15 ft; rear 10 ft; side yard—no requirement in some cases. See § 17.11.050–.060.

R-3 (multiple‑family residential)

  • Purpose & typical uses: multi‑family dwellings subject to Objective Design Standards. See Chapter 17.12.
  • Key numeric standards (table): heights up to 120 ft where allowed by standards, varying lot size requirements (see table). Confirm with code.

BRM (BART Multiple‑Family)

  • Purpose: higher density/residential near BART, with tailored yards/coverage. See Chapter 17.13.
  • Typical uses: small apartment buildings, townhouses, duplexes.
  • Key standards: max height 45 ft, min lot area 5,000 sq ft, min front yard 5 ft (min)/10 ft (max), max lot coverage 60%.

C-MU (Commercial — Mixed Use) — important nonconforming exception

  • Purpose/Where it applies: purpose and applicability are in Chapter 17.58; C‑MU covers Mission Street/Geneva Ave and parts of the BART Station Area Specific Plan. See § 17.58.020.
  • Typical uses: mixed‑use (ground floor retail/office; residential above), hotels, theaters, offices; accessory uses include Accessory Dwelling Units per city standards. See § 17.58.030.
  • Key dimensions: Max height 15 stories / 175 ft; min height 3 stories / 30 ft; lot area minimum for subdivision 10,000 sq ft; lot coverage min 50% (new buildings) — see §§ 17.58.040–.060.
  • C‑MU specific nonconforming rule: existing single‑family residential buildings, accessory structures, and ADUs that existed when the C‑MU district was adopted are treated as conforming for zoning purposes; modifications to those structures are treated per R‑1 rules. See C‑MU Nonconforming Uses clause (Chapter 17.58) for the exception.

C-O (Office Commercial) and C-1 (Light Commercial)

  • Purpose & uses: C‑O permits administrative/professional offices; C‑1 lists neighborhood retail and small commercial uses. See Chapters 17.16 and 17.18 for use tables and dimensional rules (e.g., FAR, lot area, front yard).
  • Key numeric samples found: C‑O table shows FAR 3.5:1, min lot area 2,500–3,000 sq ft, front yard 10 ft where applicable. See chapter tables.

If your parcel is in a Combining District (for example the BART Station Area combining district or -RP), that combining district's rules supplement the base zone; see the overlay chapters and § 17.06.010. Verify applicability on the zoning map.

Quick decision table (most decision‑relevant standards / permitted uses)

Topic Short rule Code reference
Repairs to nonconforming building Allowed if minor; no structural alterations except as required by law § 17.42.010
Enlargement of nonconforming use Prohibited (no increase in space or displacement of conforming use) § 17.42.020
Moving building with nonconforming use Not allowed unless use is made conforming § 17.42.030
Abandonment Discontinuance for 6 months = nonconforming use cannot be reestablished § 17.42.050
Damage threshold ≤ 50% replacement value — may continue use; >50% — must conform § 17.42.060
Termination triggers Structural alter, enlargement, change, moving, abandonment, damage, or nuisance finding § 17.42.070
C‑MU exception for existing single‑family and ADUs Single‑family homes, accessory structures and ADUs that existed when C‑MU adopted are considered conforming; modifications follow R‑1 rules Chapter 17.58 (C‑MU Nonconforming Uses clause)

Checklist — what an applicant/owner must satisfy when dealing with a nonconforming use in Daly City

  • Confirm current zoning district and any combining overlays for the parcel (zoning map; see § 17.06.020).
  • Determine whether the use is legally nonconforming (date/use history). If the nonconforming use was discontinued for 6 months, expect to lose legal protection (see § 17.42.050).
  • If proposing work, confirm whether it is only repair/maintenance (allowed) or a structural alteration/expansion (prohibited while nonconforming) — cite § 17.42.010–.020.
  • If building was damaged, get a building‑inspector determination of current replacement value to apply the 50% threshold in § 17.42.060.
  • If inside C‑MU, check the special nonconforming exception: confirm whether the single‑family/ADU existed on the effective date of the C‑MU adoption — if so, different rules apply (see Chapter 17.58).
  • Check if design review or site plan approval is required for your work (see design review chapter); coordinate parking analysis with the city and Chapter 17.34. Link to local guidance on design review and parking before filing.
  • If a variance or use permit is contemplated to change the use or dimensions, follow the procedures in the Variances / Use Permit chapters and expect public notice/hearing.

(Links for permit‑related topics: see Daly City Design Review, Daly City Parking, Daly City Development Standards, Daly City Variances and Exceptions, Daly City ADUs; and state code reference to the California Building Standards Code.)

Risks & Ambiguities

Issue Why it matters What to verify
“Abandonment” period interpretation A continuous gap of six months ends nonconforming status — gap counting can be disputed Verify documented continuous operation (leases, business tax records); confirm date-of-discontinuance per § 17.42.050.
Damage valuation method Whether damage is ≤ or > 50% of replacement value controls whether you can rebuild as nonconforming Ask the Building Inspector for the replacement‑value determination and retain appraisal; follow § 17.42.060.
C‑MU exception scope C‑MU treats certain existing single‑family buildings & ADUs as conforming — this is a narrow, date‑dependent exception Verify whether the structure existed on the C‑MU adoption date and whether the proposed modifications are covered; see Chapter 17.58.
What counts as "structural alteration" Work that owners think is maintenance may be deemed structural and terminate nonconforming protection Confirm scope with Planning / Building — § 17.42.010–.020; if uncertain, submit a pre‑application.
Parcel district boundary A property close to a district line may be governed by a different zone (or default to R‑1) Check the official zoning map and use the boundary interpretation rules in § 17.06.020; if ambiguous, request council interpretation.

Plain‑English summary

Daly City lets an existing nonconforming use keep operating, but only as‑is: you can do routine repairs, but you cannot expand the use, move the building, or sit idle for six months — otherwise you lose the protected status. If a building is badly damaged (over 50% of replacement cost), you must rebuild to conform to current zoning. Special district rules (for example the C‑MU mixed‑use zone) may create exceptions — confirm dates and maps with the city. § 17.42.010–.070 and Chapter 17.58 are the controlling rules.

Information Gaps

  • Precise numeric lot/front/side/rear yard standards for R‑1 (Chapter 17.10) were not located in the retrieved materials; Verify with the city code or planning staff. Not found in retrieved materials.
  • Parcel‑level zoning map boundary determinations and the date of adoption for the C‑MU overlay as it applies to a particular property require a map or case file (not provided here). Verify with the planning department.
  • Administrative forms, application checklists, and fee schedules for appeals, design review, or variances are not in the retrieved ordinance text. Verify with Daly City planning intake.

Source References

  • Daly City Zoning (Title 17) — Chapter 17.42 Nonconforming Uses: § 17.42.010–§ 17.42.070.
  • Daly City Zoning — Chapter 17.06 Districts designated; boundaries and default to R‑1. § 17.06.010–§ 17.06.020.
  • Daly City Zoning — C‑MU (Chapter 17.58) including nonconforming uses exception and dimensional standards § 17.58.020–.080.
  • Daly City Zoning — District use tables and dimensional excerpts: R‑L / R‑H tables, R‑2/A (Chapter 17.11), R‑3 (Chapter 17.12), BRM (Chapter 17.13), C‑O (Chapter 17.16) and C‑1 (Chapter 17.18) as cited in Title 17 excerpts.
  • Daly City Design Review requirements (Title 17 design review chapter). (design review excerpts in Title 17).
  • California Building Standards Code / Title 24 (referenced where structural/repair obligations intersect building code): link for state code text.

Inline links (city menu pages referenced in‑text above): Daly City Zoning & Planning overview, Daly City Zoning, Daly City Land Use, Daly City Development Standards, Daly City Parking, Daly City Design Review, Daly City Overlay Districts, Daly City ADUs, Daly City Variances and Exceptions, California Building Standards Code — use those pages for next steps and permit procedures.

Sources

Retrieved passages

  • Daly City Zoning Code (§ 19.1) High relevance
  • Daly City Zoning Code (Section 17.42.060) High relevance
  • Daly City Zoning Code (Chapter 17.44) High relevance
  • Daly City Zoning Code (§ 19.6) High relevance
  • Daly City Zoning Code (§ 2) High relevance
  • Daly City Zoning Code (§ 2) Medium relevance
  • Daly City Zoning Code (chapter and) Medium relevance
  • Daly City Zoning Code (Section 1.12.010) Medium relevance
  • Daly City Zoning Code (§ 66333) Medium relevance
  • CBC § 66314 (§ 66314) Medium relevance
  • Daly City Zoning Code (Section 17.38.040.) Medium relevance
  • Daly City Zoning Code (Section 65583.2) Medium relevance
  • Daly City Zoning Code (§ 3) Medium relevance
  • Daly City Zoning Code Medium relevance
  • Daly City Zoning Code (§ 1) Medium relevance
  • Daly City Zoning Code (Section 17.40.100) Medium relevance
  • Daly City Zoning Code (§ 2) Medium relevance
  • Daly City Zoning Code (Title companies) Medium relevance
  • Daly City Zoning Code (Section 17.11.020D) Medium relevance
  • Daly City Zoning Code (Chapter 17.41) Medium relevance
  • CFC § 6 (Section 17.49.070) Medium relevance
  • California Building Code Medium relevance
  • Daly City Zoning Code (Title 17) Medium relevance

Cited sections

Frequently asked questions

What is a nonconforming use in Daly City?

A use is nonconforming when it lawfully existed under prior rules but now conflicts with current zoning. Daly City’s rules let such uses continue only under tight limits; repairs are allowed but enlargements, moving the building, long discontinuance (six months), or major rebuilds (damage >50% of replacement value) terminate the protection. See § 17.42.010–.070.

If my business stopped operating for 4 months, can I restart under the old nonconforming status?

Yes—four months of downtime does not trigger the six‑month abandonment rule; you may be able to restart the nonconforming use. If downtime reaches six continuous months, the nonconforming use cannot be reestablished. See § 17.42.050.

Can I repair or rebuild a nonconforming building after earthquake damage?

If damage is ≤50% of the building’s current replacement value (determined by the Building Inspector), you may continue or repair the nonconforming use; if damage exceeds 50%, reconstruction is allowed only if the use is made conforming to the district. Restoration must start within one year. See § 17.42.060.

Can a nonconforming use be changed to a different nonconforming use?

No. A nonconforming use can be changed to a conforming use (if no structural alterations are made), but once changed to conforming the prior nonconforming use cannot be reestablished. See § 17.42.040.

Does Daly City allow enlarging a nonconforming commercial use?

No — enlargement or any increase in space occupied by a nonconforming use is prohibited; doing so will terminate the nonconforming protection. See § 17.42.020.

What special rule applies to single‑family houses and ADUs inside the C‑MU district?

When the C‑MU district was adopted, the ordinance specifically treats single‑family homes, accessory structures, and ADUs that existed on the adoption date as conforming for zoning purposes; modifications to those structures are then governed by R‑1 rules. See the C‑MU nonconforming uses clause in Chapter 17.58. Verify whether your building existed on the adoption date.

If my nonconforming building needs work, do I need design review or a permit?

Possibly. Minor maintenance is allowed under § 17.42.010, but structural changes, additions, or site layout modifications generally require building permits and may trigger design review or site plan review per the design review chapter. Check Chapter 17.45 (design review) and the local design review intake.

Where can I find the zoning district for my parcel and which rules apply?

Use the official Daly City zoning map and the district boundary rules in § 17.06.020; properties not assigned to other districts default to R‑1. For overlay/combining district rules (e.g., BART Station Area), check the specific combining district chapter. Verify with the planning division for parcel‑specific interpretation.

Does a nonconforming status allow me to reduce parking requirements when I rebuild?

No automatic parking reductions arise from nonconforming status. Off‑street parking requirements are handled under Chapter 17.34; new construction or expansions must comply with parking standards unless otherwise modified under state law or a specific city approval. See Daly City Parking guidance and Chapter 17.34.

If my nonconforming use is declared a nuisance by council, what happens?

If the city council determines the nonconforming use is a nuisance, that is a termination event under § 17.42.070, and the use is deemed terminated on that happening. Expect public hearing procedures for enforcement.

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