Local zoning · Manhattan Beach

Manhattan Beach — Nonconforming Uses

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

Ask a question free See coverage

Last reviewed: July 2, 2026

Overview

Manhattan Beach regulates nonconforming uses and structures in Chapter 10.68 of its zoning code (the city's Title 10 zoning title). The rules let lawful pre‑existing uses and buildings continue, but tightly restrict enlargement, relocation, restoration after damage, and re‑establishment after abandonment. Key practical limits include a 180‑day abandonment rule, a 50% repair/alteration valuation cutoff, and narrow exceptions for small enlargements and residential rebuilding — all implemented through the Community Development Director, the Planning Commission, or by minor‑exception/variance procedures. See § 10.68.010–§ 10.68.070 for the controlling rules .

How Manhattan Beach defines and treats nonconformity (what the code says)

  • A use lawfully occupying a site on the effective date of the ordinance that does not meet current use or site‑area rules is a nonconforming use and may generally continue, except where the code limits it (§ 10.68.020) .
  • A structure lawfully occupying a site that does not meet current front/side/rear yard, height, floor‑area or open‑space standards is a nonconforming structure and may be used and maintained, subject to the chapter’s limits (§ 10.68.020) .
  • Noncompliance that is only parking, loading, planting area, private open space, or screening does not by itself create a nonconforming use (§ 10.68.020(C)) — check the city parking rules for related obligations.

Key operative rules (short list):

  • No enlargement, move, or alteration that increases the degree of nonconformity is allowed unless it eliminates the nonconformity or an exception applies (§ 10.68.030(D)) .
  • Minor cumulative enlargements limited to 10% of pre‑existing buildable area are allowed for nonconforming uses that were established by a use permit (§ 10.68.030(A)(1)) .
  • A repair/alteration valuation test disallows enlargements if the cost of the new work plus all work in the prior 60 months (12 months in IP district) exceeds 50% of the cost to reconstruct the entire structure unless the project would render the structure conforming (§ 10.68.030(E)) .
  • A nonconforming use discontinued or changed to a conforming use for a continuous 180 days or more may not be reestablished, with a specific exception for (most) dwelling units (§ 10.68.040) .
  • Restoration after damage: structures damaged ≤ 50% of replacement cost may be restored and the nonconforming use resumed if a complete building permit application is filed within 12 months and construction pursued (§ 10.68.050) .
  • For C or IP districts, a permit for new occupancy on a site with certain nonconforming site features requires a schedule to eliminate or substantially reduce those nonconformities within 5 years (§ 10.68.060) .
  • The Community Development Director can order removal or alteration of nonconforming fences or walls within 1 year where they do not serve their purpose or violate visibility (§ 10.68.070(A)) .

When the code allows exceptions (minor exceptions, variances, use permits), those are administered under Chapters 10.84 (minor exceptions, use permits) and 10.96 (amendments); the Director or Planning Commission make decisions and appeals are possible (§ 10.84.020) . For small legal nonconforming residential projects, the Minor Exception rules in § 10.84.120 are heavily used to allow remodeling and limited additions while preserving the code’s intent .

(Practical note: because the code cross‑references many development standards, always compare nonconforming provisions to the applicable development standards table for your zoning district.)

District‑by‑district breakdown (where nonconforming rules matter)

The nonconforming chapter applies citywide, but the practical effect differs by base district. Below are district‑specific summaries drawn from the zoning code and the development‑standards tables in Title 10. Where precise numeric standards were not available in the retrieved material, the entry states "Not found in retrieved materials."

  • RS (Residential Single‑family)

    • Purpose / typical uses: single‑family residential parcels; home occupations and accessory structures are regulated by residential chapters (see cross references in the RS content) .
    • Key dimensional standards found in the Area Districts III/IV table: minimum lot area 2,700 sq ft, front setback 5 ft, side yard 10% (3 ft min), max height 30 ft, FAF 1.6 (Area Districts III/IV values shown) — see the property standards table (§ 10.12.030 table) .
    • Where it applies: RS zones across area districts; nonconforming residential structures have special rebuild privileges (residential R districts may be rebuilt to same floor area after damage, provided no increase in nonconformity) (§ 10.68.050(B) exceptions) .

  • RM (Residential Multifamily)

    • Purpose / typical uses: multifamily housing (low/medium); subject to multifamily development and condominium/conversion rules; some RM sites near CL/CD have different allowances (see exceptions) .
    • Key dimensional standards (Area Districts III/IV): min lot area 2,700 sq ft, front setback 5 ft, side yard 10% (3 ft min), max height 30 ft, FAF 1.6; minimum lot area per dwelling unit 1,350 sq ft (§ 10.12.030 table) .
    • Where it applies: RM zones across Area Districts; nonconforming multi‑unit buildings are governed by the same 50% valuation rule for alterations and the 12‑month restoration filing requirement after casualty (§ 10.68.030(E), § 10.68.050) .

  • RH (Residential High density)

    • Purpose / typical uses: higher density multi‑family; subject to similar development standards and additional exceptions in some areas (see § 10.12.030(K) exceptions) .
    • Key dimensional standards (Area Districts III/IV): min lot area 2,700 sq ft, front setback 5 ft, side yard 10% (3 ft min), max height 30 ft, FAF 1.7, minimum lot area per dwelling unit 850 sq ft (§ 10.12.030 table) .
    • Where it applies: RH zones citywide; nonconforming RH buildings follow the same enlargement and restoration rules in Chapter 10.68 (§ 10.68.030–§ 10.68.050) .

  • CL (Commercial — Local Commercial)

    • Purpose / typical uses: local commercial uses; certain residential uses may be allowed with conditions; conforms to the commercial site standards in Title 10 .
    • Nonconforming treatment: conforming residential uses in CL and CD that do not meet current standards may be rebuilt with the same floor area where applicable (§ 10.68.050(B) exceptions) .
    • Key numeric standards: Not found in retrieved materials for a complete CL numeric table in these snippets — verify with the city's Development Standards page and the specific zoning schedule in Title 10. Verify with the jurisdiction.

  • CD (Downtown Commercial)

    • Purpose / typical uses: downtown retail, restaurants, offices; specific rules and exceptions for residential conversions are cross‑referenced in the code (§ 10.12.030 references and § 10.68 exceptions) .
    • Nonconforming treatment: CD district residential uses have the same rebuilding exception as CL for damage (§ 10.68.050(B)) .
    • Key numeric standards: Not found in retrieved materials (see Development Standards) — Verify with the jurisdiction.

  • IP (Industrial/Professional)

    • Purpose / typical uses: industrial, professional services; treated specially because valuation limits use a 12‑month lookback for IP instead of 60 months for other districts (§ 10.68.030(E)) .
    • Nonconforming treatment: IP district enlargements use the 12‑month valuation period; new occupancy on C or IP sites with site nonconformities requires a 5‑year removal schedule (§ 10.68.060) .
    • Key numeric standards: Not found in retrieved materials; verify with city zoning schedule.

  • PS (Public/Semi‑public)

    • Purpose / typical uses: public facilities, schools, religious assembly, hospitals. PS uses appear in the use lists and have separate additional regulations (L‑items) when located on large sites (§ 10.12.x cross references) .
    • Nonconforming treatment: PS uses are subject to Chapter 10.68 where applicable; some public uses on large sites are governed by Chapter 10.28 instead (see code cross references) .
    • Key numeric standards: Not found in retrieved materials — verify with the jurisdiction.

If a district or numeric item above is marked "Not found in retrieved materials," consult the Manhattan Beach Zoning pages and the detailed Title 10 schedule because the full numeric schedules and overlay rules live elsewhere in Title 10.

Quick standards & decisions table

What you need to know Standard / limit Code reference
Definition — existing lawful nonconforming use/structure may continue Nonconforming use/structure allowed to continue unless chapter restricts it § 10.68.020
Abandonment cutoff for re‑establishment Continuous discontinuance ≥ 180 days → cannot reestablish (dwelling units excepted) § 10.68.040
Small enlargement allowed for nonconforming use approved by use permit Cumulative 10% of pre‑existing buildable square feet § 10.68.030(A)(1)
Valuation threshold blocking enlargements Proposed work + permits in prior 60 months (12 months in IP): if > 50% of reconstruct cost → enlargement disallowed unless renders conforming § 10.68.030(E)
Restoration after casualty Destroyed ≤ 50% — may restore if building permit app filed within 12 months and diligently pursued; >50% → must rebuild to current standards § 10.68.050(A)–(B)
Schedule to eliminate nonconforming site features (C/IP districts) Applicant must present elimination/reduction schedule ≤ 5 years § 10.68.060
Fence/wall removal Director may require conforming change within 1 year § 10.68.070(A)

Checklist — what an applicant must satisfy when dealing with a nonconforming building or use

  • Confirm that the use/structure was lawfully established on the ordinance effective date (document with prior permits/COs) — see § 10.68.020 .
  • For alterations/additions, calculate proposed construction valuation plus all work permitted in the prior 60 months (12 months for IP) and compare to the 50% threshold; if exceeded, plan for a Minor Exception or Variance (§ 10.68.030(E)) .
  • If the project is a small enlargement of a use originally authorized by a use permit, confirm cumulative increases will remain ≤ 10% of pre‑existing buildable area (§ 10.68.030(A)(1)) .
  • If the nonconformity is abandonment‑sensitive (commercial retail vacancy etc.), verify continuous discontinuance < 180 days, or expect the use cannot be reestablished (§ 10.68.040) .
  • If restoring after fire/casualty: file complete building permit application within 12 months of the event, and show diligence to completion for ≤50% damage (§ 10.68.050(A)) .
  • For C or IP sites with screening/planting/driveway deficiencies, prepare a 5‑year schedule to eliminate or substantially reduce the nonconformities as part of occupation permit submittal (§ 10.68.060) .
  • For changes of nonconforming use to another nonconforming use, prepare a use permit application and findings for the Planning Commission (§ 10.68.030(G); § 10.84.060) .
  • Where a Minor Exception or Variance is needed, follow the procedures in Chapter 10.84 (application, noticing where required) and coordinate with the Community Development Director or Planning Commission (§ 10.84.020; § 10.84.120) .
  • Coordinate required design review, overlay district rules or historic preservation requirements if applicable; those overlays can alter how nonconforming changes are handled (verify with the jurisdiction).

Risks & Ambiguities

Issue Why it matters What to verify
Valuation calculation (50% rule) Whether a proposed addition is allowed depends on an administrative valuation determination — can block most enlargements (§ 10.68.030(E)) Ask the Community Development Director for the valuation method and a written estimate; confirm the 60‑month vs. 12‑month lookback (IP)
Abandonment timing (180 days) Short or intermittent closures can still trigger loss of nonconforming status (§ 10.68.040) Document any temporary closures and any submitted building permit applications within the 180‑day window (exceptions apply)
Restoration after >50% damage If damage exceeds 50% the property must be brought to current standards — big cost exposure (§ 10.68.050(B)) Obtain a damage cost estimate approved by the Community Development Director; confirm the 12‑month filing requirement for ≤50% cases
Small enlargement allowance (10%) Only applies to nonconforming uses established by a use permit — not all nonconforming structures (§ 10.68.030(A)(1)) Verify the basis of the pre‑existing buildable square feet (BFA definition) with the Planning staff and confirm whether the use was established by a use permit
Lots without vehicular access These are specifically treated as nonconforming uses with tight limits on enlargement (§ 10.68.030(I)) If your lot lacks access, verify allowable exterior modifications and the 10% cumulative increase cap; request Director guidance
Interaction with ADUs and state law State ADU law limits how jurisdictions treat nonconforming zoning conditions for ADU permitting Manhattan Beach permits certain ADU exceptions under minor exception rules; cross‑check local ADU chapters and state rules (see ADUs and California ADU law) — local code citations: Chapter 10.74 references and Minor Exception allowances
Fence/wall removal orders Director can require removal within 1 year — unexpected compliance costs (§ 10.68.070(A)) Confirm whether the existing fence/wall meets driveway visibility and safety standards; ask for written findings if removal is ordered

Plain‑English summary

If your building or use in Manhattan Beach was legal under an older code but no longer meets today’s zoning rules, you can usually keep it — but you generally cannot expand it, move it, or let it sit unused for long without losing that status. Small repairs and limited enlargements are possible under narrow exceptions; major work often triggers a requirement to bring the whole building into current code. See the nonconforming chapter §§ 10.68.020–10.68.070 and work early with Planning to avoid surprises .

Source References

  • Manhattan Beach Municipal Code, Chapter 10.68, NONCONFORMING USES AND STRUCTURES (including § 10.68.010–§ 10.68.070) — see § 10.68.020, § 10.68.030, § 10.68.040, § 10.68.050, § 10.68.060, § 10.68.070 for the rules cited in this page .
  • Manhattan Beach Municipal Code, property development standards / Area District table (Section 10.12.030 table — Area Districts III & IV sample values for RS, RM, RH) — used for the district dimensional examples (§ 10.12.030 table) .
  • Manhattan Beach Municipal Code, Minor Exceptions and administrative procedures, Chapter 10.84 (10.84.020, 10.84.120, and related minor exception table) — used to cite available exceptions and procedures .
  • ADU / Minor Exception cross references in Title 10 noting local ADU handling (10.74.x references to ADU exceptions) — see § 10.84.120 and cross references .
  • 2025 California ADU handbook (background on state ADU law and its interaction with nonconforming zoning) — used only for context where local code cross‑references state ADU limits (note: local code remains controlling for local procedure) .

Sources

Retrieved passages

  • Manhattan Beach Zoning Code (§ 10) High relevance
  • Manhattan Beach Zoning Code (Section 66300) High relevance
  • Manhattan Beach Zoning Code (Section 66300) High relevance
  • Manhattan Beach Zoning Code (title without) High relevance
  • Manhattan Beach Zoning Code (§ 2) High relevance
  • Manhattan Beach Zoning Code (Section 10.68.030) High relevance
  • Manhattan Beach Zoning Code (§ 2) High relevance
  • Manhattan Beach Zoning Code (Chapter 10.94) High relevance
  • CBC § 10.60.050 (Section 10.60.050) High relevance
  • Manhattan Beach Zoning Code (§ 2) High relevance

Cited sections

Frequently asked questions

What is a nonconforming use in Manhattan Beach?

A nonconforming use in Manhattan Beach is a use lawfully occupying a structure or site on the ordinance effective date that no longer complies with current use or site‑area regulations; such uses may continue but are restricted from enlargement, relocation, and re‑establishment after abandonment under § 10.68.020 .

How long can a nonconforming commercial use sit vacant before it cannot be reestablished?

If a nonconforming use is discontinued or changed to a conforming use for a continuous period of 180 days or more, it cannot be reestablished (dwelling units are excepted); see § 10.68.040 for details and the exception for building permit review time .

Can I rebuild my damaged nonconforming house to its previous size?

If the structure was damaged to 50% or less of the cost to rebuild, you may restore it and resume the nonconforming use provided a complete building permit application is filed within 12 months and construction is diligently pursued (§ 10.68.050(A)). If damage exceeds 50%, you must rebuild in full compliance with current regulations (§ 10.68.050(B)) .

If my nonconforming business wants to add a little floor area, what rules apply?

Minor enlargements for a nonconforming use that was established by a use permit may be allowed up to a cumulative 10% of the pre‑existing buildable square feet; otherwise alterations are limited and the 50% valuation test (§ 10.68.030(A)(1), (E)) can bar enlargements .

Do parking or screening deficiencies make a use nonconforming?

Not by themselves. A use that fails only the parking, loading, planting area, private open space, or screening regulations is not deemed a nonconforming use solely because of those items, but the city may require a schedule to correct such site nonconformities for occupancy in C or IP districts (§ 10.68.020(C); § 10.68.060) .

Can I change a nonconforming use to a different nonconforming use?

Yes, but only with a use permit and after a noticed public hearing; the Planning Commission must make the findings in § 10.84.060(A) before approving a change to another nonconforming use (§ 10.68.030(G); § 10.84.060) .

How does the 50% rule work when planning a remodel on a nonconforming building?

Manhattan Beach compares the estimated construction cost of the proposed work plus all enlargements or alterations for which permits were issued in the prior 60 months (or 12 months in an IP district) to the estimated cost of reconstructing the entire structure. If the sum exceeds 50%, the enlargement/alteration is not allowed unless it would render the structure conforming (§ 10.68.030(E)) — verify valuations with the Community Development Director .

Are there faster administrative paths for small nonconforming residential remodels?

Yes. The City’s Minor Exception process is designed to allow certain remodeling and additions to existing smaller legal nonconforming homes without the full variance process; see Chapter 10.84, especially § 10.84.120 for criteria and administrative authority .

What special rules apply to lots with no vehicular access?

Residential buildings on lots without vehicular access are treated as nonconforming uses. Permitted alterations are limited (interior repairs, small exterior feature changes, roof form changes, and cumulative exterior increase ≤ 10% of original GFA) and increases in height are generally prohibited (§ 10.68.030(I)) .

Does state ADU law affect nonconforming zoning conditions?

Yes — state ADU rules narrow a local agency’s ability to condition ADU approval on correcting nonconforming zoning conditions. Manhattan Beach’s code does provide local pathways (minor exceptions, ADU chapters) to handle ADUs in nonconforming structures, but always cross‑check local ADU rules with state ADU law and the city ADU chapter (§ 10.74.x and minor exception cross references) . ---

More in Manhattan Beach code

Ask about any Manhattan Beach property

Get a cited, plain-English answer on Manhattan Beach zoning, setbacks, FAR, ADUs and permits — for any address.

Start Free Trial

More Manhattan Beach zoning topics

Manhattan Beach Zoning

Manhattan Beach Land Use

Manhattan Beach Development Standards

Manhattan Beach Parking

Manhattan Beach Design Review

Manhattan Beach Overlay Districts

Manhattan Beach Historic Preservation

Manhattan Beach Signage

Manhattan Beach Variances and Exceptions

Manhattan Beach Landscaping and Screening

Manhattan Beach overview