Local zoning · Highland

Highland — Nonconforming Uses

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

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Last reviewed: July 2, 2026

Overview

This page explains how the City of Highland defines and regulates nonconforming lots, uses, and structures in its Zoning Title. It summarizes the legal definitions, how and when nonconforming status ends, what changes are allowed, who decides, and district-specific implications in Highland. All rules below are drawn directly from the Highland Municipal Code; citations point to the controlling sections for each rule.

First mention links: Highland zoning overview, development standards, parking, design review, overlay districts, ADUs, and the state building code are linked where they first appear in plain text for quick cross-reference: see the Highland zoning & planning overview, Highland Development Standards, Highland Parking, Highland Design Review, Highland Overlay Districts, Highland ADUs, and the California Building Standards Code.

Key Definitions and the Controlling Local Rules

  • What is a nonconforming lot / structure / use? The code defines "nonconforming lot", "nonconforming structure", and "nonconforming use, legal" in § 16.06.140; these definitions control whether a parcel, building, or use is treated as legally nonconforming under the Title.

  • Primary regulatory text (what governs alterations, discontinuance, restoration, and continuation): The nonconforming provisions are codified at § 16.08.150 (Nonconforming parcels, uses and structures). That section sets the rules on abandonment/discontinuance, permitted repairs/maintenance, enlargement, moving, and post-disaster restoration.

  • Special rules for multifamily repairs after damage are in § 16.08.230; it creates a narrowly tailored pathway to rebuild damaged multifamily dwellings unless the council finds specific adverse conditions.

  • Telecom towers and antennas have their own nonconforming rules in § 16.45.130 (no expansion; rebuilding under conditions).

  • The Community Development Director (or planning commission at the Director’s discretion) reviews most requests to alter, expand, restore, or reconstruct nonconforming uses/structures under § 16.08.150(G). The Director will notify adjacent property owners and may refer matters to the planning commission.

Citywide rules you must know (synthesis)

  • A property that was lawfully established but no longer complies with current zoning standards is a legal nonconforming lot, structure, or use and is covered by § 16.06.140 and § 16.08.150.

  • Nonconforming uses (non-residential or those not covered by the R-1/Jurisdictional exemption) that are discontinued for 180 consecutive days cannot be reestablished; the use must thereafter conform to the zone. This abandonment rule is in § 16.08.150(C).

  • Routine maintenance and non-structural repairs are allowed, but structural alterations that increase the nonconformity are prohibited, except where the ordinance explicitly allows it (notably narrow residential exceptions). See § 16.08.150(D) and (E).

  • If a nonconforming structure is damaged or destroyed, restoration is allowed only under specific thresholds: damage of 50% or less may be rebuilt if restoration begins within 120 days; damage exceeding 50% (or voluntary raze) generally eliminates nonconforming status and requires full conformance to current zone standards — see § 16.08.150(F). The cost-based definition of “extent of damage” involves an approved estimate by the building official.

  • Single-family detached residences (and accessory structures on the same lot) have a limited exemption: owners may move, repair, modify, or enlarge these residential units by up to 25% of total floor area without being subject to some of the nonconforming restrictions; see § 16.08.150(B) and (E) for the scope of that exemption and alignment with the then-adopted California Building Standards Code (linked earlier).

  • Some sign, antenna/tower, and adult-business uses have separate nonconforming rules or amortization timetables in specialized chapters (e.g., Chapter 16.56 for signs and Chapter 16.72 for sexually oriented businesses); consult those sections for program-specific rules.

District-by-district breakdown (how nonconforming rules interact with Highland’s districts)

Below are the actual Highland district names from the code and the most decision-relevant items for nonconformities in each. Each district subsection cites the ordinance place that establishes the district purpose or development standards.

Note: This list focuses on the districts that the nonconforming rules specifically reference or that commonly produce nonconformities (residential districts, the Civic Center, commercial and employment districts, and special PD areas). Verify parcel-specific zone boundaries with the city's zoning map. (Verify with the jurisdiction where uncertain.)

A/EQ (Agricultural Equestrian)

  • Purpose: Protects rural/large-lot single-family living; max density 2 DUs/acre. § 16.16.020(A).
  • Typical permitted uses: Large-lot single-family homes, horses and related equestrian uses per Chapter 16.44.
  • Dimensional standards & where it applies: Minimum parcel sizes and density specified in the residential districts chapter; nonconforming agricultural uses involving permanent structures are subject to the standard nonconforming rules but crops themselves are not (see § 16.08.150(D)).

R-1 (Single-Family)

  • Purpose: Preserve detached single-family character; typical max density 6 DUs/acre and minimum parcel sizes (7,200; 10,000; 15,000; 20,000 sq ft depending on area). § 16.16.020(B).
  • Typical permitted uses: Single-family detached, mobilehomes, accessory structures.
  • Dimensional standards & nonconforming relief: The code expressly exempts legal nonconforming single-family detached dwelling units and associated accessory structures from some restrictions: owners may move, repair, modify, or enlarge such units by up to 25% of total floor area and (where allowed) may encroach in alignment with existing structures subject to compliance with the adopted building code. Also, single-family nonconforming parcels may be allowed to add a one-car garage/carport where the site cannot reasonably accommodate a two-car enclosed garage — see § 16.08.150(B), (D)(6), (E)(2–3).

R-2 / R-2C / R-3 (Two-family, Corridor Residential, Multifamily)

  • Purpose: Medium-density housing districts; distribution of two- and multi-family uses is set in Chapter 16.16; special standards for Corridor Residential (R-2C) and East Highland Village (EHV) exist. § 16.16 and related subsections.
  • Typical permitted uses: Duplexes, small multifamily, accessory dwelling units (ADUs subject to state law and local ADU rules). Note: State ADU law limits the city's ability to deny ADU permits solely because of nonconforming zoning conditions; see local implementation notes under ADU guidance (noted in state guidance).
  • Nonconforming interactions: Expansion of existing legal nonconforming commercial uses within some residential districts (e.g., R-2C) is permitted only with development standards approved by the planning commission — see § 16.16 and § 16.08.150 for the procedure.

PD (Planned Development)

  • Purpose: Permits site‑specific flexibility for large, multi-phased residential, commercial, or mixed-use projects; PD standards are established on an approved plan basis. § 16.12.010.
  • Typical uses & standards: Vary by approved PD plan; nonconforming uses arising from development agreements are still subject to the nonconforming provisions of the Title (development agreements themselves and their interplay with nonconforming rules are discussed in Chapter 16.12). Where a PD creates site-specific standards, existing nonconforming uses within the PD are addressed per § 16.08.150 and the PD approvals.

VC (Village Commercial) & CG / NC / PC (Commercial districts)

  • Purpose: Village Commercial preserves the historic small-town commercial character; General Commercial (CG), Neighborhood Commercial (NC), and Planned Commercial (PC) serve broader commercial needs. See Chapter 16.20. § 16.20.030 and related tables define use permissions.
  • Typical permitted uses: Retail, offices, professional services, limited food-service, etc., as listed in Table 16.20.030.A (the code’s uses table).
  • Nonconforming commercial uses: Expansion, alteration and reestablishment follow § 16.08.150; the Civic Center and Historic Village have additional compatibility and design requirements (see Civic Center below). The planning commission may approve development standards for expansion of legal nonconforming commercial uses in some special districts.

CC (Civic Center District)

  • Purpose and standards: Intended for City Hall, civic uses, plazas, and compatible development; Table 16.12.030.B (in § 16.12.030) sets minimum site area, setback, height and lot coverage standards (e.g., minimum front setback 65 ft, max height 65 ft, maximum lot coverage 50%). The planning commission can adjust setbacks for compatibility; expansion of nonconforming commercial uses in the Civic Center must follow standards approved by the planning commission. § 16.12.030 and Table 16.12.030.B.
  • Nonconforming implications: The code explicitly mentions that the planning commission may apply development standards for expansion of legal nonconforming commercial-type uses in the Civic Center in accordance with § 16.08.150.

BP / I / OP (Business Park, Industrial, Office Professional)

  • Purpose: Employment districts serving light industrial, manufacturing, research & development, office, and business park uses. § 16.24.020.
  • Key dimensional standards: Table 16.24.040.A (Industrial Site Development Minimum Standards) lists minimum parcel size (1.0 acre for BP & I; 10,000 sq.ft. for OP), minimum setbacks (front 20 ft; interior side 20/0/20 ft etc.), maximum building heights (50 ft for BP/I; 35 ft for OP), and maximum lot coverage 60%. § 16.24.040 and Table 16.24.040.A.
  • Nonconforming implications: Nonconforming industrial buildings may be continued but structural alterations that increase the discrepancy from the district standards are prohibited under § 16.08.150(E)(3); damaged facilities may be restored per the general restoration rules unless other chapters restrict it.

Quick reference table — common nonconforming rules (decision-relevant)

Topic Rule (Highland) Code Reference
Definition of nonconforming lot / structure / use Defined in § 16.06.140; legal nonconformity arises when a previously lawful lot/use/structure no longer complies with current Title standards. § 16.06.140
Continuation of nonconforming use/structure Allowed to continue; routine maintenance OK; structural alterations limited. § 16.08.150(D)
Abandonment / discontinuance Discontinuance of a nonconforming use for 180 days or more → loss of status; cannot reestablish. § 16.08.150(C)
Enlargement / extension Nonconforming uses generally may not be enlarged or extended onto new structures/sites; residential buildings may enlarge up to 25% under the residential exemption. § 16.08.150(E)
Damage / restoration threshold If destroyed ≤ 50%, may restore if started within 120 days; >50% destruction or voluntary raze → no restoration except in full conformance. § 16.08.150(F)
Who decides Community Development Director review; Director may refer to Planning Commission; notice to adjacent owners required. § 16.08.150(G)
Special districts (Civic Center) Civic Center has explicit site standards (e.g., 65 ft front setback, 65 ft height); planning commission can set standards for expansion of nonconforming commercial uses. § 16.12.030 (Table 16.12.030.B)

Checklist — what an applicant must satisfy to alter / restore / expand a nonconforming use or structure

  • Confirm legal nonconforming status on the property (was the use/structure lawfully established?). See § 16.06.140.
  • Determine applicability of the R-1 residential exemption (is this a single‑family detached dwelling and accessory structures that fall within the 25% enlargement rule?). See § 16.08.150(B).
  • Prepare a scope of work and cost estimate for restoration (if damaged) to determine whether the 50% restoration threshold applies; have the building official review the estimate as required by § 16.08.150(F)(2).
  • Confirm that proposed alterations will not increase the discrepancy with current setback, height, lot coverage, or open space standards per § 16.08.150(E)(3).
  • Submit application materials to Community Development for determination; be prepared for Director review and public notice to adjacent owners per § 16.08.150(G).
  • If in a special district (Civic Center, PD, Village Commercial), check the district-specific development standards and whether planning commission approval is required (e.g., § 16.12.030 for Civic Center).
  • For projects involving utilities or site work that trigger undergrounding or other local requirements, verify whether nonconforming above-ground utilities must be brought underground per the applicable chapter. See the utilities/undergrounding provisions in the Title.

Risks & Ambiguities

Issue Why it matters What to verify
Is the use/structure truly "legal nonconforming"? Only lawfully established pre-existing uses/structures qualify; illegal or unpermitted work generally has no nonconforming protection. Verify historic permits, certificates of occupancy, or other proof of lawful establishment. See § 16.06.140 and § 16.08.150.
Damage repair threshold (≤50% or >50%) The percentage test dictates whether restoration is allowed as nonconforming or whether full conformance is required. Prepare cost estimates per § 16.08.150(F)(2) and have building official review/approve.
Residential 25% enlargement exception scope Homeowners may assume they can expand freely; the exemption is narrow and only applies to single‑family detached units and associated accessory structures. Confirm the property type and that the enlargement stays within 25% and complies with building code; see § 16.08.150(B), (E).
Interaction with ADU rules and state law State ADU law limits denial where nonconforming zoning conditions exist; local nonconforming rules still apply in some ways. For ADUs, consult Highland ADU rules and state ADU guidance; verify whether nonconforming corrections can be required. See state ADU guidance and local ADU implementation. Not found in retrieved materials: local ADU-specific cross-references are limited — verify with the jurisdiction.
District-specific standards (e.g., Civic Center setbacks) A nonconforming expansion in special zones could trigger stricter design or setback controls; public notice and planning commission conditions may apply. Check district standards such as Table 16.12.030.B and follow § 16.08.150(G) for Director/Commission review.

Plain-English Summary

If your lot, building, or use in Highland was legal when it was created but no longer meets today’s zoning rules, it is a legal nonconforming lot/structure/use and has limited rights: you may generally maintain it and do routine repairs, but you cannot enlarge or move it in a way that worsens the conflict with current setback, height, or coverage rules (there is a narrow 25% enlargement allowance for single‑family homes). If the nonconforming use stops for 180 days, or a structure is more than 50% destroyed and not rebuilt promptly, nonconforming status is lost and future work must comply with current standards. See § 16.06.140 and § 16.08.150 for the full rules.

Source References

  • § 16.06.140 — Definitions for nonconforming lot, nonconforming structure, nonconforming use, legal.
  • § 16.08.150 — Nonconforming parcels, uses, and structures (purpose, applicability, discontinuation rule, continuation, maintenance, alterations, restoration, Director review).
  • § 16.08.230 — Damaged multifamily dwelling provisions (rebuild rules and council findings).
  • § 16.12.010 — Planned Development (PD) District purpose and applicability.
  • § 16.12.030 — Civic Center District development standards (Table 16.12.030.B).
  • § 16.16.020 — Residential district descriptions including A/EQ and R-1 purposes and densities.
  • § 16.20.030 — Commercial district use regulations (Table 16.20.030.A includes VC Village Commercial).
  • § 16.24.020 / § 16.24.040 — Employment district purposes and industrial site development minimum standards (Table 16.24.040.A: parcel sizes, setbacks, heights, lot coverage).
  • § 16.45.130 — Nonconforming towers/antenna rules.

Also consult Highland topic pages for related permitting details and standards:

  • Highland zoning & planning overview: /us/california/highland
  • Highland Zoning: /us/california/highland/zoning
  • Highland Development Standards: /us/california/highland/development-standards
  • Highland Parking: /us/california/highland/parking
  • Highland Design Review: /us/california/highland/design-review
  • Highland Overlay Districts: /us/california/highland/overlay-districts
  • Highland ADUs: /us/california/highland/adu
  • California Building Standards Code (Title 24): /us/california/building-codes

(If you need, I can pull specific tables or district setback/height numbers for a particular parcel — Verify with the jurisdiction for parcel-specific interpretations or where files do not state an outcome.)

Sources

Retrieved passages

  • Highland Zoning Code (§ 2.140) High relevance
  • CBC § 120 (title or) High relevance
  • Highland Zoning Code (section has) High relevance
  • Highland Zoning Code (§ 16.72.080.) High relevance
  • Highland Zoning Code (title or) High relevance
  • Highland Zoning Code (section may) High relevance
  • Highland Zoning Code (§ 5) High relevance
  • CBC § 2.150 (title or) Medium relevance
  • CBC § 190 High relevance
  • Highland Zoning Code (§ 1.180) High relevance
  • CBC § 66314 (§ 66314) Medium relevance
  • CBC § 2.220 (§ 2.220) Medium relevance
  • Highland Zoning Code (§ 5) Medium relevance
  • CBC § 66321 (§ 66321) Medium relevance
  • Highland Zoning Code (§ 1.20) Medium relevance
  • Highland Zoning Code Medium relevance
  • Highland Zoning Code (title in) Medium relevance
  • Highland Zoning Code (Chapter 5.16) Medium relevance

Cited sections

Frequently asked questions

What counts as a nonconforming use in Highland?

A use that was lawfully established under prior zoning but now does not conform to the current use regulations or density rules is a legal nonconforming use under Highland’s definitions in § 16.06.140; the general rules controlling how that use can continue, be altered, or be discontinued are in § 16.08.150.

Can I expand a nonconforming commercial business in the Village Commercial (VC) district?

Generally no — nonconforming uses may not be enlarged to occupy more of a structure or site than they did originally; however, in special districts (including the Civic Center and where planning commission approval applies) the planning commission may approve development standards for limited expansion pursuant to § 16.08.150 and the district rules in Chapter 16.20. Verify with the Community Development Director before planning an expansion.

If my single-family house doesn't meet current setbacks, can I remodel or add on?

Yes, Highland provides a residential exemption: legal nonconforming single-family detached dwelling units and associated accessory structures may be moved, repaired, modified, or enlarged up to 25% of total floor area; any such enlargement that encroaches into setbacks must align with existing structures and comply with the applicable building code. See § 16.08.150(B) and (E).

What happens if a nonconforming business stops operating for a while?

If a nonconforming use (other than the residential exemption) is discontinued for 180 consecutive days or more, its nonconforming status is lost and it cannot be reestablished — the property must thereafter conform to the current zoning regulations. This is the rule in § 16.08.150(C).

My building was damaged by fire — can I rebuild and keep the nonconforming layout?

If the structure was damaged to 50% or less, you may restore it and resume the nonconforming use provided restoration is started within 120 days and diligently pursued; if destruction exceeds 50% (or the structure was voluntarily razed), restoration that preserves the nonconformity is not permitted (full conformance required), except for certain residential exceptions. See § 16.08.150(F).

Who approves changes to nonconforming uses or structures?

Requests to alter, expand, restore, or reconstruct nonconforming uses or structures are reviewed by the Community Development Director; at the Director’s discretion, the matter may be referred to the Planning Commission, and adjacent property owners will be notified per § 16.08.150(G).

Do the Civic Center or special PD districts have different rules for nonconforming uses?

Yes. The Civic Center district has its own development standards (Table 16.12.030.B) and the planning commission can set development standards to allow limited expansion of legal nonconforming commercial uses in that district, per § 16.12.030 and § 16.08.150. PD districts rely on site-specific approved plans; nonconforming treatment follows the PD approvals plus the general nonconforming rules.

Are telecom towers treated differently if they are nonconforming?

Yes — towers and antennas have a specific nonconforming provision: preexisting towers may continue, routine maintenance and like-for-like replacement is allowed, and rebuild after damage has special rules (see § 16.45.130).

How do nonconforming rules affect an ADU application?

State ADU law limits local ability to deny an ADU because of nonconforming zoning conditions; local nonconforming rules still apply where the nonconformance affects health and safety or where local code requires it. Consult Highland’s ADU rules and the state ADU guidance referenced in local materials; where specifics aren’t in the retrieved Highland text, Verify with the jurisdiction. Not all ADU-specific cross-references were found in the retrieved materials.

If I need to know whether my specific parcel qualifies, what should I provide?

Gather historic permits, certificates of occupancy, construction records, photos, insurance repair estimates (if damage occurred), and any prior planning approvals. Submit to the Community Development Department for a formal determination under § 16.08.150 (Director review and possible Planning Commission referral).

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