Davis — Nonconforming Uses

Last reviewed: July 2, 2026

Overview

This page explains how the City of Davis treats nonconforming uses, nonconforming structures, and nonconforming lots under the local zoning code (commonly called Title 40 / Zoning in the Davis Municipal Code). It summarizes the rules that let lawful pre‑existing uses continue, the limits on expanding or rebuilding them, the abandonment rules, and the amortization/depreciation approach the city uses to phase out certain nonconformities. For the underlying zoning districts, consult the city's zoning map and Davis Zoning for parcel-level designations; see Davis Development Standards for dimensional tables that apply in each zone.

Core legal framework (what the code says)

• Purpose: The nonconforming use article declares that lawful uses/structures that become nonconforming by ordinance amendment may continue, but should be limited and eventually eliminated where harmful; the article also restricts enlargement and regulates restoration after damage. See § 40.28.010.

• Continued use allowed if lawful and not a nuisance: § 40.28.020 permits continuation provided the use/structure was lawful when established and is not a nuisance.

• Conditional-use conversion: Uses that become conditional remain nonconforming until a conditional use permit is obtained (see § 40.28.040) and a CUP is required by § 40.30.020.

• Enlargement/alteration limits: Buildings devoted to nonconforming uses generally may not be enlarged, extended, reconstructed or structurally altered in a way that increases the nonconformity, with limited exceptions set out in § 40.28.050, § 40.28.060, and § 40.28.120.

• Abandonment / cessation: If a nonconforming use of a structure ceases for a continuous period of six months, it is deemed abandoned and must thereafter conform to the current district rules; nonconforming land uses (no structure) that cease for ninety days cannot be resumed (with limited minor exceptions). See § 40.28.070.

• Damage/replacement rules: A nonconforming building damaged over 60% of its then appraised value (above foundations) may not be reconstructed and used as before; damage less than 60% may be repaired, but work must be substantially completed within six months (subject to some later, limited exceptions in form‑based code areas). See § 40.28.110 and the Form‑Based Code exceptions in § 40.04A.080 and § 40.14.070.

• Economic amortization / discontinuance: For determining when to require discontinuance of certain nonconforming uses the city uses historic assessed value and accepted depreciation schedules to determine "useful economic value"; presumptions for small structures and certain categories are in § 40.28.080.

• Performance standards nonconformity (including parking): Uses nonconforming only because they fail performance standards (noise, parking, emissions, etc.) generally have three years to comply, except where other subsections apply. Parking for existing single‑family/duplex and multifamily uses is treated specially (see § 40.28.100); see also the city's guidance on parking.

District-by-district breakdown (what nonconforming rules mean in common Davis zones)

Below are the districts that are specifically referenced in the nonconforming rules and the local code locations that govern them. This page focuses on how nonconforming status interacts with each zone — for full permitted-use lists and numeric dimensional standards, use the linked Davis pages or the specific zone articles cited.

Note: If a district's dimension tables are required for a specific parcel, consult Davis Development Standards and the city zoning map and VERIFY WITH THE JURISDICTION.

R‑R (Residential Restricted)

• Purpose & typical permitted uses: R‑R intends to stabilize residential character and promote university‑oriented uses; principal permitted uses include single‑family dwellings (≤5 bedrooms), family/group day care, and small group care (see § 40.06.010–020).
• Nonconforming treatment: Standard nonconforming rules in Article 40.28 apply (continuation, no enlargement beyond limits, abandonment rules, repair/replace thresholds). See § 40.28.020, § 40.28.050–070, § 40.28.110.
• Where it applies: City neighborhoods mapped as R‑R (see Davis Zoning). For dimensional specifics, consult Davis Development Standards. Verify with the jurisdiction.

R‑1 and R‑2 (Single‑family & Low‑density multi)

• Purpose & typical uses: See the R‑zone articles in the code (not all sections returned in the retrieved material). Nonconforming residential structures in R‑1 and R‑2 are explicitly referenced in the rebuild/repair rules for floor area ratio calculations. See § 40.28.110.
• Nonconforming treatment: Single‑family and duplex structures have special expansion allowances: first‑story expansions may keep existing reduced side yard setbacks if the structure was legal when built and other conditions are met; second‑story expansion must meet current setback rules. See § 40.28.120(b)(1).
• Where it applies: Residential parcels designated R‑1 or R‑2 on the zoning map. For precise setbacks, lot coverage and FAR, consult Davis Development Standards. Verify with the jurisdiction for parcel‑specific interpretations.

C‑N, C‑C, C‑S, CMU (Neighborhood/Community/Commercial)

• Purpose & typical uses: Commercial zones are listed in the nonconforming amortization rules; uses that were permitted in commercial/industrial zones but became nonconforming in residential zones are subject to accelerated discontinuance presumptions. See § 40.28.080(b)(4)(B).
• Nonconforming treatment: Nonconforming commercial uses located in an R or A (residential) district are among the categories that the city may require to be discontinued under depreciation/amortization rules. See § 40.28.080.
• Where it applies: Parcels that were rezoned from commercial to residential or annexed with differing permitted uses. Verify with the jurisdiction.

I‑R, I (Industrial / Industrial Research)

• Purpose & typical uses: Industrial uses that handled hazardous materials prior to June 27, 1986 were made nonconforming by Ordinance No. 1377 and required to apply for a conditional use permit or final planned development within one year — see § 40.28.030.
• Nonconforming treatment: Industrial uses nonconforming for performance standards must come into compliance within three years unless exceptions apply; certain nonconforming residential or commercial uses in industrial zones are covered by the amortization rules (§ 40.28.080).
• Where it applies: Parcels designated I or I‑R on the city map. Verify hazardous materials inventories and CUP requirements with the Community Development Department.

Downtown / Form‑Based Code / CMU Special Areas

• Purpose & typical uses: Downtown form‑based code (Article 40.14 and 40.04A) contains building‑type rules and an explicit statement that buildings that became nonconforming by adoption of the Form‑Based Code may continue under Article 40.28, with a few special exceptions. See § 40.14.070 and § 40.04A.080.
• Special exceptions: The planning commission can allow conversion of a legal, nonconforming nonhabitable accessory structure to habitable space via a use permit; and in Form‑Based areas the code allows up to 100% replacement of legal nonconforming structures destroyed (subject to administrative limits like starting construction within 18 months). See § 40.04A.080(b).
• Where it applies: Downtown and zones specifically adopting the Form‑Based Code; consult the zoning map and Davis Design Review rules for process details. Verify with the jurisdiction for parcel‑specific allowances.

Key decision-relevant standards (quick reference table)

Checklist (what an applicant must satisfy / prepare)

• Confirm the property's zoning designation on the city map and whether the use/structure pre‑dates the amendment that produced the nonconformity (verify the ordinance amendment date and see § 40.28.020).
• Establish that the use/structure was lawful when created (deed/permits/assessor records). Verify with the jurisdiction if records are ambiguous.
• Determine whether the nonconformity is a use, structure, lot configuration, or performance‑standard issue (e.g., parking). See § 40.28.100 for performance standards.
• If proposing changes, confirm whether enlargement/alteration is allowed and under what findings the Planning Commission can authorize it (§ 40.28.060, § 40.28.120).
• If the use became a conditional use (or you need a CUP), prepare a conditional use permit application per § 40.30.010–040 and consult Davis Variances and Exceptions for process expectations.
• If relying on repair/rebuild after damage, document appraised value and percent damaged and compare to the 60% threshold in § 40.28.110; for Form‑Based properties review § 40.04A.080 exceptions.
• For proposals affecting parking supply or relying on existing parking counts, consult the parking provisions and § 40.28.100; see city parking guidance Davis Parking.
• If design review is required, prepare materials for Davis Design Review (see Form‑Based Code design review triggers in § 40.04A.090).
• If an accessory structure conversion or special rebuild is sought in Form‑Based zones, include findings for the Planning Commission as described in § 40.04A.080.

Risks & Ambiguities

Plain‑English summary

If you have a lawful building or use in Davis that no longer meets the current zoning rules, the city generally lets it continue but limits expansions, requires rebuilds to follow tight rules if it's badly damaged, and can force discontinuance when the useful economic value is gone — see the nonconforming use rules in Article 40.28 (notably § 40.28.020, § 40.28.070, § 40.28.110, and § 40.28.120) and consult the Community Development Department for parcel‑specific interpretations.

Information Gaps

• Full zone‑by‑zone numerical dimensional tables (setbacks, heights, FAR) for R‑1, R‑2, C‑N, C‑C, C‑S, CMU, I‑R, I were not present in the retrieved excerpts; those are in the zone articles and the city's Davis Development Standards. Not found in retrieved materials.
• ADU treatment versus local nonconforming zoning (interaction with state ADU law) is summarized in state guidance but the Davis code excerpts do not fully restate state ADU exceptions. Verify with the Community Development Dept and California ADU law. Not found in retrieved materials for local‑specific ADU conflicts.

Source References

• Davis Municipal Code, Article 40.28 (Nonconforming Uses & Structures): § 40.28.010 – § 40.28.120.
• Davis Municipal Code, Residential Restricted (R‑R) District: § 40.06.010 – § 40.06.030.
• Form‑Based / Downtown provisions and special exceptions: § 40.14.070 and § 40.04A.080 (design review and rebuild exceptions).
• Conditional use and permitting procedures: § 40.30.010 – § 40.30.040.
• Nonconforming performance standards (including parking): § 40.28.100 and related Performance Standards articles.
• Downtown/Form‑Based Code building types and compliance notes (legal nonconforming building types): Article 40.14.
• For related operational topics, see city pages: Davis Zoning, Davis Development Standards, Davis Parking, Davis Design Review, Davis ADUs, and the state code resources summarized in the 2025 ADU handbook (state ADU guidance).

Retrieved passages

• Davis Zoning Code (article to) High relevance show source text
• Davis Zoning Code (chapter shall) High relevance show source text
• Davis Zoning Code (§ 40.28.060.) High relevance show source text
• Davis Zoning Code (section is) High relevance show source text
• Davis Zoning Code (§ 26.10) High relevance show source text
• Davis Zoning Code (§ 26.7) High relevance show source text
• Davis Zoning Code (chapter but) High relevance show source text
• Davis Zoning Code (§ 26.7) High relevance show source text

Cited sections

• Davis Municipal Code, Article 40.28 (Nonconforming Uses & Structures): **§ 40.28.010 – § 40.28.120**. (Article 40.28)
• Davis Municipal Code, Residential Restricted (R‑R) District: **§ 40.06.010 – § 40.06.030**. (§ 40.06.010)
• Form‑Based / Downtown provisions and special exceptions: **§ 40.14.070** and **§ 40.04A.080** (design review and rebuild exceptions). (§ 40.14.070)
• Conditional use and permitting procedures: **§ 40.30.010 – § 40.30.040**. (§ 40.30.010)
• Nonconforming performance standards (including parking): **§ 40.28.100** and related Performance Standards articles. (§ 40.28.100)
• Downtown/Form‑Based Code building types and compliance notes (legal nonconforming building types): Article **40.14**.
• For related operational topics, see city pages: Davis Zoning, Davis Development Standards, Davis Parking, Davis Design Review, Davis ADUs, and the state code resources summarized in the 2025 ADU handbook (state ADU guidance).
• Davis_ZoningCode.md
• 2025 California ADU handbook.md

• Official Davis code library