Local zoning · Hermosa Beach

Hermosa Beach — Nonconforming Uses

Q: What happens if a nonconforming use is vacated for more than 90 days in Hermosa Beach?

If a nonconforming use is vacated or discontinued for ninety (90) consecutive days , the code treats it as abandoned and the next use must conform to current zoning; this is automatic under the nonconforming-use rules in § 17.52.020 .

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

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Last reviewed: July 3, 2026

Overview

Hermosa Beach treats nonconformities as temporary exceptions that may be maintained, repaired, or in limited cases expanded — but only under the city’s Title 17 rules and with strict triggers that can end nonconforming status. This page summarizes the Hermosa Beach rules that govern nonconforming uses, nonconforming structures, and nonconforming lots in plain-English and with the controlling code citations. It highlights limits on expansion, abandonment, reconstruction after damage, parking-related rules, and the validation process property owners can use to confirm legal nonconforming status (see § 17.52.010–.070 and § 17.60.010–.060). For related site requirements see the city’s development standards and parking rules referenced below.

First mention links (internal): the city’s development standards, parking, design review, overlay districts, ADUs, and the California Building Standards Code are linked where they first appear on this page.

All legal rules below are drawn from Hermosa Beach Municipal Code Title 17 as retrieved; citations point to the controlling section (§) and the file preview returned by the city code data. Verify parcel‑specific outcomes with the Community Development Department.

Core Hermosa Beach rules (what the code actually says)

A nonconforming use or building may be continued and maintained, and routine repairs are allowed, but structural alteration or expansion is limited and must follow the rules in § 17.52.020 and § 17.52.030.
If a nonconforming use is vacated or discontinued for ninety (90) consecutive days, that nonconforming status is deemed abandoned and future uses must conform to the current zone. § 17.52.020.
Expansion/remodeling caps:
- For buildings containing nonconforming uses: up to 50% expansion of floor area for buildings existing prior to October 26, 1989 (residential caps and total-floor-area limits apply). § 17.52.030(A).
- For nonconforming buildings (different subsection): under later amendments some buildings can qualify for up to 100% expansion in floor area subject to date-of-existence and other limitations. § 17.52.030(B).
Buildings that are nonconforming only because of parking deficiencies have special rules in § 17.52.035 and off-street parking chapter § 17.44 applies; some expansions are blocked or conditioned based on whether required parking can be provided.
When a nonconforming commercial/manufacturing business lacks a required CUP for alcohol sales or similar conditional uses, the business may be required to apply for a CUP within specified timeframes per § 17.52.060.
Reconstruction after damage: a nonconforming building damaged by fire or other casualty may be rebuilt to pre-damage condition but with limits (no increase in nonconformity; height increases capped at 20% above zone maximum; rebuilt structure must conform “as closely as possible” to current parking and zoning standards). § 17.52.070.
Validation: owners can seek formal validation of legal nonconforming residential buildings (especially older units) via the planning commission process in Chapter 17.60 (applications, public hearing, possible conditions and fees). § 17.60.010–.060.
ADUs: the city will not deny an ADU/JADU permit solely because of a nonconforming zoning condition or an unpermitted structure on the lot that does not threaten public health or is not affected by the ADU construction (see § 17.21.090 and discretionary path at § 17.21.100). § 17.21.090–.100.

District-by-district (where nonconforming rules interact with zone standards)

Hermosa Beach uses named zones in Title 17. The nonconforming rules in Chapter 17.52 apply citywide, but outcomes are shaped by the underlying zone rules for setbacks, height, density, and parking — see each district notes below and the ordinance sections cited.

R-1 Single‑Family Residential Zone

Purpose: protect single-family neighborhoods and limit density. (Establishment of zones: § 17.06.010).
Typical permitted uses: single‑family dwellings, accessory uses allowed by Chapter 17.08 (see Title 17 table of contents). § 17.08 (see TOC Chapter 17.08).
Key dimensional standards: new-lot and setback specifics are in Chapter 17.46 and zone chapters; nonconforming structures in R zones may be maintained but any structural alterations are governed by § 17.52.030; ADU-specific exceptions apply under § 17.21.090. file
Where it applies: citywide mapped R‑1 parcels (see official zoning map) — nonconforming residential uses in R zones are subject to the Chapter 17.52 continuance and abandonment rules. § 17.52.020.

R-1A / R-2 / R-2A (Medium Density) — example: R-2A

Purpose: allow two-dwelling or medium-density patterns where mapped. § 17.06.010 / Chapter 17.13. file
Typical permitted uses: duplexes, multi-family consistent with the chapter and conditional uses described in Chapter 17.13 / 17.14. § 17.13.020–.070 (development standards for R‑2A).
Key dimensional standards (examples from R-2A): max height 30 ft, front yard setback min 5 ft, side yard equal to 10% of lot width (min 3 ft; max 5 ft), rear yard 5 ft; maximum lot coverage 65% for some R‑2 variants. § 17.13.020–.070.
Interaction with nonconforming rules: R‑2 design/density limits affect whether a nonconforming building may be expanded (no expansion that increases density beyond zone limits) under § 17.52.030.

R-2B Limited Multiple-Family Residential Zone

Purpose & uses: allows R‑1 uses plus authorized two-family or condominium forms; short‑term rentals are explicitly prohibited. § 17.14.010–.015.
Standards: yard, parking, lot area and lot coverage rules appear in Chapter 17.14 and cross‑reference Ch. 17.44 (parking) and 17.46 (yards). Nonconforming structures in R‑2B still follow Chapter 17.52 for continuation/alteration.

R-3 Multiple‑Family Residential Zone

Purpose: higher residential densities and multi‑family housing; development standards are in Chapter 17.16. § 17.16 (and cross refs in the code).
Key note: nonconforming multi‑family structures may be eligible for larger expansions in limited cases (see § 17.52.030(B) allowing certain percent increases depending on date of construction), but density and parking constraints limit expansion. § 17.52.030 and § 17.44. file

C-1, C-2, C-3 Commercial Zones

Purpose: local commercial corridors (C‑1 limited business; C‑2 downtown; C‑3 general/highway) — see Chapter 17.26 for permitted uses and Chapter 17.42 for general provisions. § 17.26 and § 17.42 (general provisions). file
Typical permitted uses: broad retail and service uses (see the downtown use tables); some uses require Administrative Permits or CUPs under Chapter 17.40. § 17.26.040 and cross‑refs to § 17.40.
Key dimensional standards (commercial): max heights generally shown in the commercial chapters — e.g., C‑1 and C‑2: 30 ft; C‑3: 35 ft (see commercial zone text). Nonconforming commercial buildings must follow Chapter 17.52; if a commercial building is nonconforming to required setbacks adjacent to residential zones, remodeling/expansion may be restricted (see the C‑zone side/rear yard rules). (See commercial text for rear/side yard rules and § 17.52.030). file
Where it applies: mapped commercial corridors (Pacific Coast Highway SPA and other SPA areas reference Chapter 17.38) — conversions between residential and commercial uses in SPAs are separately regulated and nonconforming uses there are subject to Chapter 17.52. file

M-1 Light Manufacturing Zone

Purpose/uses: light industrial and limited manufacturing uses; permitted use list and special permits are in Chapter 17.28 and use tables. Nonconforming industrial uses fall under Chapter 17.52 for continuation and change of status. § 17.28 and § 17.52. file

Open Space / Overlay / Specific Plan Areas (O‑S, OS O, SPA, Housing Element overlays)

Purpose: preserve open space and guide special corridor developments; SPA and overlays carry special rules that can create or preserve nonconformities (see Chapter 17.38 and 17.39). § 17.38 / § 17.39. file
Where it applies: mapped overlay polygons — nonconforming uses inside SPAs are explicitly noted to be subject to Chapter 17.52 (see SPA permitted-use tables referencing Chapter 17.52). § 17.38.300 (permitted uses / nonconforming reference).

Quick reference table — decision‑relevant nonconforming standards

Topic	Rule (plain)	Code reference
Continuation of nonconforming use	Nonconforming use may continue but structural changes limited; routine repairs allowed.	§ 17.52.020
Abandonment	Vacated/discontinued > 90 days = abandonment; future uses must conform.	§ 17.52.020
Expansion caps for buildings with nonconforming uses	Up to 50% expansion for buildings existing before Oct 26, 1989 (special residential caps apply).	§ 17.52.030(A)
Alternate expansion allowance for nonconforming buildings	Under some rules, 100% expansion permitted for qualifying nonconforming buildings (subject to limits).	§ 17.52.030(B)
Parking-deficient buildings	Special page: additional restrictions and thresholds; see § 17.52.035 and Ch. 17.44.	§ 17.52.035; § 17.44 file
Change of nonconforming use status	If vacated and succeeded by a different use, original nonconforming status terminates (exception: a less-intensive nonconforming use may replace it).	§ 17.52.050
Reconstruction after damage	Rebuild allowed to previous condition if not intentionally destroyed; no increase in nonconformity; height ≤ 20% over zone max.	§ 17.52.070
Validation process for old residential units	Planning commission review and public hearing available to validate pre‑1959 buildings or correct records.	Chapter 17.60 (§ 17.60.010–.060)
ADUs and nonconforming conditions	ADU permits generally cannot be denied just because of unrelated nonconforming zoning conditions/not-safety issues.	§ 17.21.090–.100

Checklist

Confirm whether the existing use/structure is currently recorded as nonconforming in City records (consider a validation application under § 17.60.030).
Determine whether the nonconforming use has been vacated > 90 days (if so, status likely lost) — § 17.52.020.
For proposed alterations, calculate proposed floor-area increase against § 17.52.030 expansion caps (50% or 100% rules depending on age/type). file
If parking is deficient, run the site through Chapter 17.44 and § 17.52.035 to see whether expansion is allowed or conditioned. file
If the nonconforming use involves alcohol or other CUP-required activities, check § 17.52.060 for required CUP timelines.
If the building was damaged, confirm rebuild limits and height cap (§ 17.52.070) before permitting.
If adding an ADU/JADU, check § 17.21.090–.100 for how nonconforming conditions affect ADU approvals.

Risks & Ambiguities

Issue	Why it matters	What to verify
Abandonment after 90 days	Nonconforming status is terminated automatically after 90 days of vacancy — can force full compliance with current zone.	Verify continuous occupancy or evidence of use; check § 17.52.020 and Planning Dept. records.
Which expansion rule applies (50% vs 100%)	Two different expansion rules appear in the code with date/condition distinctions (pre‑1989 vs other categories).	Confirm building construction/expansion history and which subsection of § 17.52.030 applies; ask Planning for historical floor‑area baseline. file
Parking deficiency interactions	If site lacks required parking, expansion may be restricted or require off‑site or mitigation measures.	Pull current parking calculation per Chapter 17.44 and § 17.52.035; parking may be the controlling constraint. file
“Less-intensive” replacement uses	The code allows a nonconforming use to be succeeded by a less-intensive nonconforming use, but “less‑intensive” is fact‑specific.	Submit a formal determination request to the Planning Commission — the Commission decides per § 17.52.050.
Reconstruction after partial damage	Reconstruction may be allowed but must match pre-damage condition “as closely as possible” and meet several code lists (parking, height, building code).	Confirm damage %, building date, and obtain clear direction from Building & Planning; see § 17.52.070.
Validation of pre-1959 units	Validation can make old units legally nonconforming, but substandard findings can block validation.	Review Chapter 17.60 and be prepared for interior/exterior inspections; if substandard, corrections or denial may follow.

Plain‑English Summary

Hermosa Beach lets older, out‑of‑date uses and buildings stay in place in many cases, but the city limits repairs, expansions, and replacements: if a use is left empty for more than 90 days it loses its exception; modest expansions may be allowed depending on the building’s age and parking; and rebuilding after damage must not increase whatever is nonconforming. For ADUs, the city generally won’t deny legalization solely because of unrelated nonconforming site conditions. See the specific municipal code sections cited for the exact triggers and numeric caps. file

Source References

Hermosa Beach Municipal Code, Title 17 — Chapter 17.52 Nonconforming Buildings and Uses: § 17.52.010–.070 (general goals; continuance; expansion/remodeling; parking provisions; change of status; CUP requirements; reconstruction).
Hermosa Beach Municipal Code — § 17.52.030 (expansion/remodeling).
Hermosa Beach Municipal Code — § 17.52.035 (requirements for buildings nonconforming to parking requirements).
Hermosa Beach Municipal Code — § 17.52.040–.050 (limits on uses and change in status). file
Hermosa Beach Municipal Code — § 17.52.070 (reconstruction of damaged nonconforming buildings).
Hermosa Beach Municipal Code — Chapter 17.60 Determination of Legality/Validation of Nonconforming Residential Buildings (definitions, validation process, hearings).
Hermosa Beach Municipal Code — Chapter 17.21 ADU (nonconforming ADU/JADU rules): § 17.21.090–.100.
Hermosa Beach Municipal Code — Zone establishment and table of zones (§ 17.06.010, zone list and TOC).
Hermosa Beach Municipal Code — R‑2A development standards (example of residential district rules): § 17.13.020–.070.
Hermosa Beach Municipal Code — Commercial zone uses and general provisions (C‑zones, SPA references): Chapter 17.26 and Chapter 17.38 (SPAs). file

Sources

Retrieved passages

Hermosa Beach Zoning Code (Section 17.52.030) High relevance
CBC § 17.52.030 (Section 17.52.030) High relevance
CBC § 2 (Chapter 17.21.) High relevance
CBC § 17.52.030 (Section 17.52.030) High relevance
Hermosa Beach Zoning Code (Section 17.46.060) High relevance
Hermosa Beach Zoning Code (§4) High relevance
CBC § 7 (Chapter 17.44) High relevance
Hermosa Beach Zoning Code (Section 415) High relevance
Hermosa Beach Zoning Code (§9) Medium relevance
CBC § 100 (Title 17) Medium relevance
Hermosa Beach Zoning Code (§2) Medium relevance
Hermosa Beach Zoning Code (§44) Medium relevance
Hermosa Beach Zoning Code (Title 17) Medium relevance
Hermosa Beach Zoning Code (Chapter 17.40) Medium relevance
Hermosa Beach Zoning Code (Section if) Medium relevance
Hermosa Beach Zoning Code (§2) Medium relevance
Hermosa Beach Zoning Code Medium relevance
CBC § 5 (Section 17.50.210) Medium relevance
California Residential Code Medium relevance

Cited sections

Hermosa Beach Municipal Code, Title 17 — Chapter 17.52 Nonconforming Buildings and Uses: **§ 17.52.010–.070** (general goals; continuance; expansion/remodeling; parking provisions; change of status; CUP requirements; reconstruction). (Title 17)
Hermosa Beach Municipal Code — **§ 17.52.030 (expansion/remodeling)**. (§ 17.52.030)
Hermosa Beach Municipal Code — **§ 17.52.035 (requirements for buildings nonconforming to parking requirements)**. (§ 17.52.035)
Hermosa Beach Municipal Code — **§ 17.52.040–.050 (limits on uses and change in status)**. file (§ 17.52.040)
Hermosa Beach Municipal Code — **§ 17.52.070 (reconstruction of damaged nonconforming buildings)**. (§ 17.52.070)
Hermosa Beach Municipal Code — **Chapter 17.60 Determination of Legality/Validation of Nonconforming Residential Buildings** (definitions, validation process, hearings). (Chapter 17.60)
Hermosa Beach Municipal Code — **Chapter 17.21 ADU (nonconforming ADU/JADU rules)**: **§ 17.21.090–.100**. (Chapter 17.21)
Hermosa Beach Municipal Code — Zone establishment and table of zones (**§ 17.06.010**, zone list and TOC). (§ 17.06.010)
Hermosa Beach Municipal Code — R‑2A development standards (example of residential district rules): **§ 17.13.020–.070**. (§ 17.13.020)
Hermosa Beach Municipal Code — Commercial zone uses and general provisions (C‑zones, SPA references): **Chapter 17.26** and **Chapter 17.38** (SPAs). file (Chapter 17.26)
HermosaBeach_ZoningCode.md

Frequently asked questions

What happens if a nonconforming use is vacated for more than 90 days in Hermosa Beach?

If a nonconforming use is vacated or discontinued for ninety (90) consecutive days, the code treats it as abandoned and the next use must conform to current zoning; this is automatic under the nonconforming-use rules in § 17.52.020.

Can I expand a building that contains a nonconforming use?

Possibly — Hermosa Beach allows limited expansions but with caps: for many buildings existing before October 26, 1989, up to 50% floor‑area increase may be allowed (with residential-specific caps); other nonconforming buildings may qualify for different percentages under § 17.52.030. Check the precise subsection that applies to your building and confirm parking impacts under § 17.52.035. file

If my nonconforming building doesn’t meet current parking rules, can I remodel?

Yes but with conditions: buildings nonconforming to current off‑street parking rules face special requirements in § 17.52.035 and Chapter 17.44; some small expansions are allowed only if additional parking is provided or other standards are met. Verify required parking under Chapter 17.44 before remodeling. file

Can an ADU be permitted on a lot with nonconforming conditions?

Hermosa Beach will not deny an ADU/JADU permit solely because of a nonconforming zoning condition, a building code violation, or an unpermitted structure on the lot—provided the condition does not threaten public health/safety and is not affected by the ADU construction (see § 17.21.090). For ADUs that fail objective design standards, § 17.21.100 allows discretionary approval routes.

If a nonconforming building is damaged by fire, can I rebuild it the same way?

You can generally rebuild to the pre‑damage condition so long as the damage wasn’t intentionally caused by the owner, there is no increase in nonconformity, the structure conforms as closely as possible to parking and zoning standards, and height increase is limited (no more than 20% over zone max). See § 17.52.070.

How do I prove a building is legally nonconforming (validation)?

Hermosa Beach provides a validation process handled by the Planning Commission for residential buildings constructed prior to January 1, 1959 (and other cases) — application, inspection, a public hearing, and possible conditions or fees are part of Chapter 17.60. Use § 17.60.020–.060 to start the process.

Can a new (conforming) use be established on a lot that currently contains a nonconforming use?

While a nonconforming use exists and occupies the lot (or portion of a lot), no new use may be established in that same lot area even if the new use would otherwise be conforming — see the limit in § 17.52.040.

If I want to change a nonconforming manufacturing or commercial use to a different use, is that allowed?

If the existing nonconforming manufacturing, commercial or residential use is vacated and succeeded by another use, the original nonconforming use is terminated under § 17.52.050, unless the replacement use is itself nonconforming but demonstrably “less intensive” (the Planning Commission decides).

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