Local zoning · La Verne

La Verne — Nonconforming Uses

Q: What qualifies as a nonconforming use in La Verne?

A nonconforming use in La Verne is a lawful use of land, building, or structure that complied with rules when established but no longer complies with current zoning rules; the general definition and continuation rules are in § 18.10.060 and the existing‑use provision in § 18.10.040 .

Q: Can I change a nonconforming store into a different nonconforming business?

Yes — but only if you obtain a Conditional Use Permit , and the new use is not of greater intensity (traffic, noise, parking demand, odor, light) and does not increase the size or degree of the existing nonconformity; see § 18.10.060.B.4 .

Q: If my nonconforming structure is destroyed, can I rebuild the same building?

If destruction costs to restore exceed 50% of replacement cost, the rebuilt structure must conform to current zoning regulations (except designated cultural landmarks); reconstruction must begin within 18 months . See § 18.10.060.B.8 .

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

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Last reviewed: July 2, 2026

Overview

This page summarizes how the City of La Verne treats nonconforming uses, structures, and lots under the local zoning ordinance (the zoning title starting at § 18.10.010). La Verne’s rules allow lawful pre‑existing nonconformities to continue in limited ways, set abandonment timelines, require conditional use permits for some changes, authorize limited residential setback additions, and establish rules for restoration, amortization, and lot mergers. See the controlling local provisions at § 18.10.060 and related chapters for program‑level details.

What the ordinance says (core rules)

Lawful preexisting uses, structures and lots may continue but are subject to the rules in § 18.10.060 (nonconforming uses, lots and structures).
Abandonment/discontinuance:
- A nonconforming land use with no building is deemed abandoned after four months of continuous discontinuance.
- A nonconforming use in a conforming structure is deemed abandoned after six months of discontinuance.
- A nonconforming use in a nonconforming structure continues only for the fair amortization period after notice from the City; discontinuance for six months causes abandonment. The code directs notice and amortization procedures but does not list a single fixed dollar/years amortization number.
Change of nonconforming use: changing to a different nonconforming use requires a conditional use permit and the new use must not be of greater intensity (traffic/noise/parking/etc.) nor increase the extent of the nonconformity.
Alterations:
- Nonconforming non‑residential structures that would otherwise increase nonconformity: enlargement or reconstruction requires a conditional use permit following Chapter 18.108; minor façade and interior improvements that do not increase nonconformity are allowed without a CUP.
- Nonconforming residential structures may alter/enlarge by precise plan per Chapter 18.16, provided the change does not increase the size/degree of nonconformity.
Nonconforming setbacks on single‑family homes: special allowance for limited first‑story additions at existing legal/nonconforming setbacks (city imposes multiple constraints: minimum three‑foot side yard, max 30% of elevation length, rear encroachment not more than 15 feet, only one setback may be used, only once). These rules are intended to preserve neighborhood scale.
Nonconforming lots: a single nonconforming lot must be developed to current zone standards; two or more contiguous nonconforming lots under common ownership shall be merged/redrawn so resulting parcels conform more closely to zone standards.
Destruction/restoration: if a nonconforming structure is destroyed and replacement cost exceeds 50% of replacement cost, the rebuilt structure must conform to current regulations (exception: designated cultural landmarks). Reconstruction must begin within 18 months of the damage.
Special amortization/phase‑outs exist for identified categories (examples: massage establishments, smoking/vaping establishments, amusement arcades) — these chapters set deadlines, amortization notice, and appeal rules specific to those uses.

Practical note: the general nonconforming rules are in § 18.10.060; specialized amortization/transition rules for particular uses live elsewhere in the code and can override the general provisions.

District-by-district (how nonconforming rules interact with specific districts)

Note: the nonconforming rules themselves are largely citywide and found in § 18.10.060, but some districts and chapters include district‑specific development standards and cross‑references to nonconforming rules. Below are the principal district entries in the La Verne code with the actual local district names and the code locations you will use when analyzing a nonconforming situation.

P-R (Planned Residential: P-R-1/5-D, P-R-1/1-D, P-R-2‑D, P-R-3‑D, P-R-4.5‑D, P-R-5‑D, P-R-6‑A, P-R-7‑A, P-R-7.5‑A, P-R-8‑A, P-R-10‑A, P-R-15‑A)

Purpose: planned single‑ and multi‑family residential developments; density indicated in the suffix and type (D = detached, A = attached).
Typical permitted uses: single‑family residential, accessory buildings, limited multi‑family in higher P‑R types; see Table 18.36.020 for the use matrix.
Key dimensional / development standards you will check for nonconforming issues: lot area, width, depth, and setbacks per Table 18.36.050 (examples: P‑R‑2‑D front setback 30 ft, interior side 10 ft; P‑R‑3‑D front 25 ft, interior side 5 ft/10 ft — consult the table for the exact P‑R subzone).
Where it applies: all parcels mapped P‑R in the city; nonconforming setbacks and structures in P‑R zones are governed by § 18.10.060 and the P‑R chapter cross‑references that section.

Practical for homeowners: when you seek a limited first‑floor addition that would follow an existing nonconforming setback, the special single‑family allowance in § 18.10.060.C (and review under Chapter 18.16) is the controlling rule; precise plan/review still applies.

A-1 (Limited Agricultural — A-1)

Purpose: limited agriculture with appropriate single‑family residences.
Typical permitted uses: single‑family residences, farms/ranches, accessory buildings.
Key standards: lot minimums and setbacks (e.g., minimum lot width 200 ft, min area 2 acres, front/side/rear yards 25 ft; max height two stories/30 ft; lot coverage 30%). Nonconforming structures in A‑1 follow § 18.10.060.

Nonresidential zones (example designations in the code: C‑P‑D (Commercial Professional Mixed Development), O (Official), INST (Institutional), M‑H‑P (Mobile Home Park))

Purpose and permitted uses vary by district chapter; each nonresidential chapter references § 18.10.060 for nonconforming rules. For example, the P‑R chapter explicitly points back to § 18.10.060 for nonconforming structures/uses.
Special amortization or phase‑out text for particular commercial uses (amusement arcades in § 18.84.180, smoking/vaping in § 18.90.050, massage in § 18.10.065) creates district/use‑specific timelines and CUP requirements. Those special provisions can require obtaining a CUP by a deadline or discontinuing the use.

Quick reference table — most decision‑relevant nonconforming standards

What the applicant needs to know	Rule / standard	Code Reference
General nonconforming rules and ability to continue lawfully existing uses/structures	Nonconforming uses/structures/lots may continue if lawful and not violating other laws; rules for continuation/expansion set out	§ 18.10.060
Abandonment — land use with no building	Discontinuance 4 months → abandonment	§ 18.10.060.B.1
Abandonment — use in structure (conforming or nonconforming)	Discontinuance 6 months → abandonment	§ 18.10.060.B.2/B.3
Change to a different nonconforming use	Requires Conditional Use Permit; cannot increase intensity or nonconformity	§ 18.10.060.B.4
Enlargement of nonconforming non‑residential structures	Requires CUP under Chapter 18.108 (unless interior/ADA/Title 24 work that does not increase nonconformity)	§ 18.10.060.B.5
Residential additions to nonconforming setbacks	Limited first‑story additions allowed subject to multiple caps (e.g., 30% elevation length; min 3 ft side yard; 15 ft max rear encroachment; one setback only; allowed only once)	§ 18.10.060.C
Nonconforming lot development	Single nonconforming lot must meet zone standards; contiguous nonconforming lots under single ownership must be merged/redrawn	§ 18.10.060.B.7
Destruction >50% of structure	Rebuild must conform to current code unless cultural landmark; reconstruction must start in 18 months	§ 18.10.060.B.8
Special amortization for particular uses (massage, smoking/vaping, arcades)	Deadlines and CUP requirements set in the respective chapters and may require termination or CUP by a date	§ 18.10.065, § 18.84.180, § 18.90.050

How the rules interact with common review areas

Parking: a change of nonconforming use that increases parking demand is prohibited unless approved through a conditional use permit. Check La Verne Parking standards in Chapter 18.76 when evaluating intensity changes.
Development standards and setbacks: the ability to keep or slightly extend an existing nonconforming setback for a single‑family home is limited and conditional — consult La Verne Development Standards and the precise plan process in Chapter 18.16.
Design review: many P‑R projects and residential additions require precise plan or design review under Chapter 18.16; see La Verne Design Review.
Overlays and special zones: overlay district rules (e.g., hillside overlay) may impose additional standards; nonconforming issues are still principally governed by § 18.10.060 but check the applicable La Verne Overlay Districts.
ADUs: La Verne’s ADU chapter clarifies that ADU permits may not be denied solely to “fix” nonconforming zoning conditions in many cases; consult La Verne ADUs and § 18.120 guidance. (State ADU law also constrains local action.)
Title 24 / accessibility work: interior work required to meet ADA or state accessibility (Title 24) that does not enlarge the nonconformity is allowed without a CUP — see § 18.10.060.B.5 and consult the California Building Standards Code.

Checklist — what an applicant must satisfy to keep, alter, or change a nonconforming use/structure

Document that the use or structure was lawfully established before the zoning change (deeds, business licenses, dated photographs, leases). Verify with the Community Development Department. (Verify with the jurisdiction)
Confirm whether the nonconformity is a use, a structure, a lot or a combination; check definitions.
Check discontinuance timeline: was the use continuously operating (4 months vs 6 months)? If discontinued beyond the code timeframes, nonconforming rights may be lost. § 18.10.060.
If proposing a different nonconforming use, prepare a Conditional Use Permit application and analysis showing no increase in intensity (traffic/noise/parking/odors/lighting). § 18.10.060.B.4.
If proposing enlargement of a nonconforming non‑residential building, submit a CUP per Chapter 18.108 (include any mitigation, parking study, and design review as required). § 18.10.060.B.5.
If proposing a residential addition at a nonconforming setback, prepare a precise plan under Chapter 18.16 demonstrating the addition meets the caps (max 30% elevation length; min 3 ft side yard; 15 ft max rear encroachment; one setback only; one‑time use). § 18.10.060.C.
For destroyed nonconforming buildings, prepare cost estimates; if replacement cost > 50%, plan must conform to current code (unless cultural landmark). § 18.10.060.B.8.
If contiguous nonconforming lots are under common ownership, plan to merge lots or redraw boundaries to better match zone standards. § 18.10.060.B.7.

Risks & Ambiguities

Issue	Why it matters	What to verify
“Fair amortization period” not numerically specified in general text	The code gives the city the right to set/amortize but does not state a single fixed amortization term for all nonconforming structures — creates uncertainty for business owners	Verify the specific amortization decision/notice issued by the City in the particular amortization action; review appeals record. Not found in retrieved materials for a single universal number.
Whether a proposed alteration “increases the size, extent or degree of nonconformity”	That phrase is subjective and determines whether a CUP is required	Request a pre‑application meeting with Community Development; obtain written planning interpretation. Verify with the jurisdiction.
Special use amortization (massage, smoking/vaping, arcades)	Those chapters set deadlines and unique appeal/amortization criteria that differ from general rules	Read the specific chapter that applies for deadlines and appeal procedures (e.g., § 18.10.065, § 18.84.180, § 18.90.050).
ADU approvals vs nonconforming conditions	State ADU law limits local ability to force corrections of nonconforming conditions; local code references ADU provisions but interplay can be complex	Consult the ADU chapter (§ 18.120) and record any state law interaction; Verify with the jurisdiction on ADU applications that rely on correcting nonconforming zoning conditions.
Parcel‑specific standards and overlays	District tables list many P‑R subzones and their setbacks/lot sizes — nonconforming determination depends on exact subzone and mapping	Confirm the parcel’s official zone map designation and the exact subzone (e.g., P‑R‑3‑D vs P‑R‑5‑D), then check the corresponding table in Chapter 18.36.

Plain-English Summary

If your building or business in La Verne was legal when it started but now violates today’s zoning rules, you usually can keep operating, but the city limits changes: if you stop operating for a few months you lose the right to continue; major enlargements or switching to a different nonconforming use generally require a conditional use permit; homeowners get a narrow, one‑time allowance to add to a first story that follows an existing legal nonconforming setback under tight limits. Always confirm your parcel’s exact zone/subzone and get a planning pre‑application to avoid surprises.

Information Gaps (what I could not confirm in the retrieved materials)

The code refers to a “fair amortization period” for nonconforming structures but does not specify a citywide numeric amortization schedule in the sections retrieved. The actual amortization term will be set in the city’s specific notice or ordinance for a given use/category. Not found in retrieved materials.
Implementation details for evidence required to prove a lawful pre‑existing use (acceptable documents and timelines) are not fully enumerated in the excerpts—check the Community Development Department intake checklist. Not found in retrieved materials.

Source References

§ 18.10.060 — Nonconforming uses, lots, and structures (general rules: continuation, abandonment periods, change of use, alterations, lot merger, restoration)
§ 18.10.040 — Existing uses (definition that lawfully existing uses may continue as nonconforming)
§ 18.10.065 — Amortization and discontinuance of nonconforming massage establishments (special rules)
§ 18.84.180 — Nonconforming uses (amusement arcades) (special amortization/CUP deadline)
§ 18.90.050 — Amortization and discontinuance of nonconforming smoking and vaping establishments (special amortization/CUP deadline)
Chapter 18.16 / Precise plans & review (residential alteration pathway referenced from § 18.10.060.C)
Chapter 18.36 / P‑R Planned Residential zones — Table 18.36.020 (permitted uses) and Table 18.36.050 (lot/dimension/setbacks)
Chapter 18.76 / Parking and Loading Space Requirements (referenced for intensity/parking impacts)
§ 18.120 (ADU / JADU rules referenced where nonconforming zoning conditions are discussed)

(These citations are excerpts from the La Verne Municipal Code text provided for this analysis.)

Sources

Retrieved passages

La Verne Zoning Code (title contrary) High relevance
La Verne Zoning Code (Title 24) High relevance
La Verne Zoning Code (§ 3) High relevance
La Verne Zoning Code (§ 2) High relevance
La Verne Zoning Code High relevance
La Verne Zoning Code (title or) High relevance
La Verne Zoning Code (§ 18.84.160.) High relevance
La Verne Zoning Code (§ 18.100.060.) Medium relevance
La Verne Zoning Code (title are) Medium relevance
La Verne Zoning Code (§ 7) Medium relevance
La Verne Zoning Code (§ 3) Medium relevance
La Verne Zoning Code Medium relevance
La Verne Zoning Code (Title 15) Medium relevance
La Verne Zoning Code (§ 18.10.140.) Medium relevance
La Verne Zoning Code (Title 6) Medium relevance

Cited sections

Official La Verne code library

Frequently asked questions

What qualifies as a nonconforming use in La Verne?

A nonconforming use in La Verne is a lawful use of land, building, or structure that complied with rules when established but no longer complies with current zoning rules; the general definition and continuation rules are in § 18.10.060 and the existing‑use provision in § 18.10.040.

How long can a nonconforming business stop operating before it loses its nonconforming rights?

It depends on the type: a nonconforming use of land with no building is deemed abandoned after four months of continuous discontinuance; a nonconforming use in a building (conforming or not) is deemed abandoned after six months. See § 18.10.060.

Can I change a nonconforming store into a different nonconforming business?

Yes — but only if you obtain a Conditional Use Permit, and the new use is not of greater intensity (traffic, noise, parking demand, odor, light) and does not increase the size or degree of the existing nonconformity; see § 18.10.060.B.4.

If my nonconforming structure is destroyed, can I rebuild the same building?

If destruction costs to restore exceed 50% of replacement cost, the rebuilt structure must conform to current zoning regulations (except designated cultural landmarks); reconstruction must begin within 18 months. See § 18.10.060.B.8.

Can I add to a single‑family house that sits inside a legal/nonconforming setback?

La Verne allows a limited first‑story addition at an existing legal/nonconforming setback under strict conditions: continuation cannot create side yards less than 3 ft, the addition cannot exceed 30% of the length of the elevation with the nonconforming setback, rear encroachment is limited to 15 ft, you may use the provision on only one setback (side or rear) and only once. See § 18.10.060.C and plan review under Chapter 18.16.

Do I need to replace required parking if I renovate to meet accessibility (ADA) or Title 24?

Eliminating required parking to comply with accessibility requirements does not constitute an enlargement of a nonconforming use or create a nonconforming use under § 18.10.060.B.5; consult parking standards in Chapter 18.76 and the building official for Title 24 compliance. See § 18.10.060.B.5.

What happens with contiguous substandard lots I own?

If you own two or more contiguous nonconforming lots, the code requires they be merged and lot lines redrawn so resulting parcels conform or more nearly conform to the applicable zone standards; see § 18.10.060.B.7.

Where are the P‑R setback and lot size tables I should use to judge a nonconforming lot?

P‑R subzone lot area, width, depth and setback requirements are in Table 18.36.050 (Chapter 18.36). Review the exact P‑R subzone (e.g., P‑R‑3‑D) to get the proper numbers.

If my nonconforming use is an amusement arcade / massage / vaping shop, are there special rules?

Yes. La Verne has specific amortization and CUP deadlines for certain uses: amusement arcades are addressed in § 18.84.180, massage establishments in § 18.10.065, and smoking/vaping establishments in § 18.90.050; those chapters may require obtaining a CUP by a date or terminating the use.

Who decides appeals for termination or amortization decisions?

Appeals of certain termination/amortization decisions are heard by the City Council after administrative procedures; the code describes appeal steps and timetables in the relevant amortization chapter(s). See the appeals language accompanying amortization provisions and general appeal rules referenced in chapters noted above. ---

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