Danville — Nonconforming Uses

Last reviewed: July 2, 2026

Overview

Danville’s municipal zoning code does not publish a single, city-wide “nonconforming uses” article in the retrieved materials; it regulates nonconformity by topic (notably nonconforming signs) and by limited exemptions for reconstruction/repair. Where the Code addresses nonconforming matters it does so in subject-specific sections (for example signs and special-use exemption language). See the controlling Danville provisions cited below (§32‑98.32 for signs; §32‑126.5 for certain repair/reconstruction exemptions) and verify parcel‑specific issues with the Town.

How Danville treats nonconformity (topic-by-topic)

• Nonconforming signs — The Code treats a sign lawfully placed prior to the current sign article as a nonconforming sign and establishes explicit rules about abandonment, alteration, reconstruction, relocation, amortization, and removal; a nonconforming sign that is abandoned, altered, reconstructed inconsistently, or moved must comply or be abated. Key enforcement and amortization authority and limits are in § 32‑98.32 through § 32‑98.34.

• Repair / reconstruction after damage — Danville’s special-use provisions include an explicit exemption that allows “the significant repair or reconstruction of any structure due to damage from fire or other acts of God such that no intensification or enlargements of the use or structure occurs” to be exempt from certain development controls (see § 32‑126.5.j). That provision functions as a limited allowance for restoring a previously lawfully‑established use/structure without triggering new-use requirements.

• ADUs and nonconforming zoning conditions — The Danville code excerpts retrieved do not restate State ADU rules, but State ADU law limits a local agency’s ability to deny an ADU because of nonconforming zoning conditions. For how nonconforming zoning conditions affect accessory dwelling unit approvals, see the State ADU guidance summarized in the California ADU handbook (Gov. Code references) — local implementation in Danville should follow state rules; verify with the Town.

• Other nonconforming uses/structures/lots — A general, stand‑alone “nonconforming uses/structures/lots” article (the type that sets uniform rules for abandonment, change of use, expansion, or discontinuance city‑wide) was not found in the retrieved Danville materials. Not found in retrieved materials — verify with the Town.

Where the code is silent on a topic, State law may apply, and Danville’s development review practice (including design review, parking, development standards, and variances) will control how the Town treats changes to a nonconforming property — check the specific Code sections cited below and consult staff for parcel‑specific interpretation. Links to related Danville menu topics: this page mentions parking, design review, ADUs, Development Standards, Overlay Districts, Signage, Variances and Exceptions, and Landscaping and Screening for the reader’s next steps.

• parking: Danville Parking
• design review: Danville Design Review
• ADUs: Danville ADUs
• development standards: Danville Development Standards
• overlays: Danville Overlay Districts
• signage: Danville Signage
• variances/exceptions: Danville Variances and Exceptions
• landscaping/screening: Danville Landscaping and Screening

District-by-district breakdown (what the retrieved code shows)

The Danville code establishes named zoning districts and the Downtown “Areas” (Old Town / Downtown Business) with individual area rules. The retrieved material lists these districts and the Downtown Areas by code section; where detailed dimensional standards are present in the retrieved excerpts they are shown below. For any district not covered below, the Code text was not captured in the retrieved materials — Verify with the jurisdiction.

Downtown Business / Old Town areas (Land Use Areas 1–13)

• Where found: Downtown Business – Land Use Areas are organized under the Downtown article (Area 1 through Area 13) and are codified at § 32‑45.10 and the sub‑sections for each Area (e.g., § 32‑45.18 Area 8; § 32‑45.19 Area 9; § 32‑45.20 Area 10).
• Purpose: area‑specific direction for Old Town / Downtown development (each Area has its own intent).
• Typical permitted uses (examples from retrieved excerpts):
  • Area 8 (Retail/Office) — retail, restaurants (full and limited service), bars/tasting rooms, service offices, incidental accessory uses, outdoor seating/display (subject to criteria), with many prohibited uses listed (auto service, supermarkets, etc.) — § 32‑45.18.b–c.
  • Area 9 (Multi‑Family High/Medium Density) — multifamily residential uses; group homes and certain residential care facilities listed by cross‑reference — § 32‑45.19.a–b.
  • Area 10 (Mixed Use / Prudential Building) — business/professional offices, services, retail and accessory uses as previously approved — § 32‑45.20 (development controlled by approved development plan).
• Dimensional examples (Downtown Areas shown in retrieved text):
  • Area 9: height limit two (2) stories or 35 ft; accessory structure max 15 ft (Area 9 standards excerpted). Front/side/rear setbacks for specific Areas appear in the area sub‑sections where provided — see the specific Area section cited.

Residential and other districts (index)

• District list (index): Single Family Residential Districts (§ 32‑22), D‑1 Two Family (§ 32‑23), multiple multifamily districts (M‑30, M‑25, M‑20, M‑13, M‑8, M‑35 at § 32‑24–32‑29) and agricultural, office, commercial, industrial and planned unit districts (for example O‑1, G‑1, R‑B, C, L‑I, P‑1) appear in the Code index. The index is in the District Regulations listing. For the full permitted‑use lists and dimensional standards for each district consult the corresponding Code section (e.g., § 32‑22 for single family). Not all full text for each district was in the retrieved excerpts — Verify with the Town.

• Where the retrieved material provides a development standard example it is quoted above (Downtown Areas). Most other district‑specific numerical standards (setbacks, lot coverage, FAR, etc.) were not present in the excerpted portions we retrieved; those appear in their respective district sections in the Code (see the source references). Not found in retrieved materials for many district numeric standards — Verify with the Town.

Quick table — decision‑relevant nonconforming rules / references

Checklist — what an applicant must do when a property or sign is nonconforming

• Determine whether the element is actually “nonconforming” (lawful when established but now conflicts with current Code): check permit/record dates and Code adoption effective dates. Verify with Town staff. Not found in retrieved materials — Verify with the jurisdiction.
• For nonconforming signs, confirm whether the sign has been abandoned, structurally altered, moved, or reconstructed; if so, the sign must comply or be subject to abatement per § 32‑98.32.
• If proposing building enlargement, confirm whether the project increases gross building square footage >50% — that will require modification/removal of nonconforming signs before issuing a building permit per § 32‑98.32(c)(12).
• If proposing repair or reconstruction after damage, document that the work does not intensify or enlarge the use to rely on the §32‑126.5.j exemption; provide evidence (damage reports, plans).
• For ADUs, consult State ADU rules and Danville’s ADU policies; determine whether any nonconforming zoning condition asserted by staff can lawfully be required to be corrected under State ADU limits.
• Consult applicable district standards (setbacks, height, lot area) for the parcel’s zoning district and any Overlay District rules that may apply. Verify with Danville’s land‑use staff and the Code sections for the parcel’s district.
• If you need a formal interpretation or relief, prepare a variance / exception application and supporting findings (see the Town’s variance rules). Link: Danville Variances and Exceptions.

Risks & Ambiguities

Plain-English Summary

Danville does not appear to keep a single “nonconforming uses” chapter in the retrieved text; instead it handles nonconformity in topic‑specific code sections (for example nonconforming signs at § 32‑98.32 and specific exemptions for repair/reconstruction at § 32‑126.5). If you own or develop a property with nonconforming elements, start by confirming whether the feature was lawful when built, then check the specific Code section that applies (signs, Downtown Area rules, repair exemptions, ADU rules) and ask Planning to confirm how the rule applies to your parcel.

Source References

• Danville Municipal Code — Nonconforming signs and related sign provisions: § 32‑98.32 – § 32‑98.34.
• Danville Municipal Code — Downtown Land Use Areas and Area examples (Area 8, Area 9, Area 10): § 32‑45.18, § 32‑45.19, § 32‑45.20.
• Danville Municipal Code — Exemptions (repair/reconstruction after acts of God / no intensification): § 32‑126.5.j.
• Danville Municipal Code — District index and article list (districts such as 32‑22 single family, O‑1, C, G‑1, M‑series multifamily, etc.): District listings under Article VI (District Regulations) — § 32‑22 et seq. Not all numeric standards for each district were present in the retrieved excerpts.
• California ADU handbook (2025) — summarizing state ADU law and nonconforming zoning conditions (state restrictions that affect local ADU approvals).

Retrieved passages

• Danville Zoning Code (§ 66314) Medium relevance show source text
• Danville Zoning Code (§ 66333) Medium relevance show source text
• CBC § 66314 (§ 66314) Medium relevance show source text
• Danville Zoning Code (section 32-117.32) Medium relevance show source text
• CBC § 202 (section 202) Medium relevance show source text
• CBC § 66321 (§ 66321) Medium relevance show source text
• Danville Zoning Code (§ 2) Medium relevance show source text
• Danville Zoning Code (§8-2004) Medium relevance show source text
• Danville Zoning Code (section selection) Medium relevance show source text
• Danville Zoning Code (Section 32-76) Medium relevance show source text
• Danville Zoning Code (§8-2005) Medium relevance show source text
• Danville Zoning Code (section selection) Medium relevance show source text
• CBC § 8 (§8-4302) Medium relevance show source text
• Danville Zoning Code (§2) Medium relevance show source text
• Danville Zoning Code (ARTICLE XII) Medium relevance show source text
• Danville Zoning Code (section selection) Medium relevance show source text
• Danville Zoning Code (section selection) Medium relevance show source text

Cited sections

• Danville Municipal Code — Nonconforming signs and related sign provisions: **§ 32‑98.32 – § 32‑98.34**. (§ 32)
• Danville Municipal Code — Downtown Land Use Areas and Area examples (Area 8, Area 9, Area 10): **§ 32‑45.18**, **§ 32‑45.19**, **§ 32‑45.20**. (§ 32)
• Danville Municipal Code — Exemptions (repair/reconstruction after acts of God / no intensification): **§ 32‑126.5.j**. (§ 32)
• Danville Municipal Code — District index and article list (districts such as **32‑22** single family, **O‑1**, **C**, **G‑1**, M‑series multifamily, etc.): District listings under Article VI (District Regulations) — **§ 32‑22 et seq.** Not all numeric standards for each district were present in the retrieved excerpts. (article list)
• California ADU handbook (2025) — summarizing state ADU law and nonconforming zoning conditions (state restrictions that affect local ADU approvals).
• Danville_ZoningCode.md
• 2025 California ADU handbook.md

• Official Danville code library