Local zoning · Pittsburg

Pittsburg — Nonconforming Uses

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

Last reviewed: July 2, 2026

Overview

Pittsburg regulates nonconforming uses and structures in Chapter 18.76 of the Pittsburg Municipal Code; the chapter defines what counts as a nonconformity, what may be continued, and strict limits on enlarging, reestablishing, or restoring nonconforming uses and structures (the “nonconforming rules”). Key local triggers include whether the use or structure was lawful on June 20, 2007, and special rules for the CP (Old Town) district, the M district, and the Railroad Avenue Specific Plan PD district. See the city’s basic zoning overview at Pittsburg Zoning & planning overview and the specific Pittsburg Zoning pages for map and district boundaries. § 18.76.010–070 govern the rules and procedures.

Note: this page focuses only on what Pittsburg’s zoning ordinance says about nonconforming uses and structures; it does not interpret building-code (Title 24) requirements or housing/tenant law. For related topics the code references (for example, parking, setbacks and development standards, design review, overlays, and ADUs), see the city pages for Parking, Development Standards, Design Review, Overlay Districts, and ADUs.


How Pittsburg’s nonconforming rules work (core rules & references)

  • Nonconforming status: A use or structure that was lawfully occupying a site or structure on June 20, 2007, but that does not meet present district regulations, is a nonconforming use or nonconforming structure and may be continued subject to the chapter’s limits. § 18.76.020.

  • Routine maintenance is allowed, but enlargement and moving are restricted; a nonconforming structure may not be altered in a way that increases the discrepancy with required front/side/rear yards, height, floor area, distance between structures, or other development standards for the district. § 18.76.030(F).

  • Residential exceptions: In R and C districts, exterior or interior remodeling and additions to a structure housing a nonconforming residential use (except mixed-use residential) may be allowed so long as the number of dwelling units is not increased and the work complies with the applicable district development regulations. § 18.76.030(B).

  • Enlargement & tenant-space limits: Single-tenant nonresidential buildings are very constrained; multi-tenant buildings may be remodeled inside but may not expand a nonconforming use into spaces it did not occupy as of June 20, 2007, subject to limited exceptions. § 18.76.030(C–E).

  • Abandonment/cessation: Cessation for a continuous period of nine months is defined as abandonment and generally prevents reestablishment. A nonconforming use that ceases but is not abandoned may be resumed within nine months. § 18.76.040(A–B).

  • Reestablishment exceptions: Abandoned nonconforming uses in the M district and the Railroad Avenue Specific Plan PD district may be reestablished with zoning administrator approval if the structure had a certificate of occupancy prior to June 20, 2007, and required findings are made. Elsewhere, abandoned uses may not be reestablished. § 18.76.040(D–E).

  • Damage and restoration: If a nonconforming structure is damaged to 50% or less of its value it may be restored if a building permit is pulled within nine months and restoration is diligently pursued; damage greater than 50% requires rebuilding in full conformity with current standards. The damage threshold is determined by an appraisal and final determination by the chief building official. § 18.76.050(A–C).

  • Nonconforming site features (screening, paving, planting): For zoning permits in C or I districts for sites with nonconforming site features, applicants must submit a schedule to eliminate or substantially reduce the nonconformities within two years (city planner may prioritize critical items). § 18.76.060.

  • Old Town/CP special requirements: Zoning permits in the CP district at sites that do not substantially conform to the Old Town Pittsburg Design Guidelines must present a schedule for elimination/substantial reduction of nonconformities, and that schedule itself requires design review approval under Chapter 18.36. § 18.76.020(E–F), § 18.76.070.

  • Zoning approval nexus: Zoning approval is required before issuance of permits such as building permits or certificates of occupancy; reestablishment of certain abandoned nonconforming uses (particularly in mixed‑use districts) may require a noticed public hearing. § 18.32.010(C).

  • Special-note: existing wireless telecommunications facilities that fail to meet the wireless article’s rules are treated as nonconforming structures and fall under Chapter 18.76 to the extent allowed by state/federal law. § 18.84.905(B).


District-by-district practical breakdown (how Chapter 18.76 applies)

Below are the districts the nonconforming chapter explicitly references. For each I summarize the local nonconforming rules that apply and note where the code points you for development standards or permitted-use detail (if the numeric setbacks/lot sizes are not stated in the nonconforming chapter, the district development standards live elsewhere — see the Pittsburg Development Standards page).

R (residential districts)

  • What the ordinance emphasizes: Structures and uses lawfully on the site on June 20, 2007 may continue as nonconforming but are limited on enlargement or increases in unit count. § 18.76.020–030.
  • Typical permitted uses and purpose: Not specified in Chapter 18.76 (see Pittsburg Zoning and the district chapters for permitted uses). Not found in retrieved materials; verify with the district-specific chapter and the Pittsburg Development Standards.
  • Key dimensional standards: Chapter 18.76 refers to front/side/rear yards, height, floor area and lot coverage but does not list numeric values. Not found in retrieved materials; see Pittsburg Development Standards. Link: development standards.

C (commercial districts)

  • How nonconforming rules apply: Remodeling of structures with nonconforming residential uses in C may be allowed under the same limitation as R (no increase in dwelling units). For nonconforming site features in C, applicants must provide a two‑year schedule to remove screening, paving, or planting nonconformities when applying for a zoning permit. § 18.76.030(B), § 18.76.060.
  • Typical permitted uses/purpose: See the Commercial District chapter (Chapter 18.52) for permitted uses and numeric standards; not duplicated in Chapter 18.76. Not found in retrieved materials; consult Pittsburg Zoning and Development Standards.
  • Where it applies: Citywide commercial zones as mapped on Pittsburg’s zoning map. Verify parcel zoning on Pittsburg Zoning.

I (industrial districts)

  • How nonconforming rules apply: The two‑year schedule requirement for eliminating nonconforming site features also applies to the I districts when an applicant seeks zoning approval. § 18.76.060.
  • Typical permitted uses/dimensional standards: Not specified here. See Pittsburg Zoning / Development Standards.

M (mixed‑use / manufacturing district referenced)

  • Important local exception: Abandoned or discontinued nonconforming uses in the M district may be reestablished upon zoning administrator approval if a certificate of occupancy was issued prior to June 20, 2007 and the required findings are made (these findings look at impacts, nuisance potential, compatibility, and effect on tax base). § 18.76.040(D)(1–3).
  • Typical permitted uses/dimensional standards: See the mixed‑use district chapters; Chapter 18.32 notes that reestablishment in mixed‑use districts may require a noticed hearing. § 18.32.010(C).

CP (Old Town / Central Plan district)

  • Special rules: Uses or structures lawfully occupying a site in the CP district prior to November 1, 2006 are treated as nonconforming and may be continued, but CP sites that don’t substantially conform to Old Town Pittsburg Design Guidelines must present a schedule for elimination or substantial reduction of nonconformities and obtain design review for that schedule before a zoning permit is issued. § 18.76.020(E–F), § 18.76.070.
  • Typical permitted uses/dimensional standards: Old Town design requirements and CP district standards are in the CP district and Design Review chapters; numeric standards are not restated in Chapter 18.76. For design-related enforcement see Pittsburg Design Review.

Railroad Avenue Specific Plan PD district

  • Special exception: Similar to M, an abandoned nonconforming use in the Railroad Avenue Specific Plan PD district may be reestablished by zoning administrator approval if the structure had a certificate of occupancy prior to June 20, 2007 and the findings in § 18.76.040(D)(3) are met. § 18.76.040(D).

Decision‑relevant quick reference table

Topic Rule (plain-English) Code reference
What is a nonconforming use/structure Lawful occupancy on June 20, 2007 that does not meet current district rules may continue as nonconforming (subject to limits). § 18.76.020
Enlargement / moving of nonconforming uses May not be moved or enlarged so as to expand the nonconforming use, except very limited remodeling; interior work allowed under conditions. § 18.76.030(A–E)
Residential remodeling In R and C districts, remodeling/additions allowed for nonconforming residential use if unit count not increased. § 18.76.030(B)
Abandonment / cessation Continuous cessation ≥ 9 months = abandonment; abandoned uses generally cannot be reestablished (exceptions below). § 18.76.040(A–B)
Reestablishment exception (M & Railroad PD) Abandoned uses in M or Railroad PD may be reestablished with zoning admin approval if CO issued prior to June 20, 2007 and findings are met. § 18.76.040(D)
Restoration after damage ≤50% destroyed: may restore if building permit within 9 months; >50%: must rebuild to current standards. Damage determined by appraisal. § 18.76.050(A–C)
Nonconforming site features (screening, planting, paving) For zoning permits in C or I districts, must submit a schedule to eliminate/substantially reduce these within two years. § 18.76.060
CP (Old Town) design schedule CP zoning permit applicants must present an elimination/reduction schedule and obtain design review for that schedule. § 18.76.070
Wireless facilities Nonconforming wireless facilities are nonconforming structures subject to Chapter 18.76 to the extent allowed by law. § 18.84.905(B)

Checklist — what an applicant must satisfy (nonconforming cases)

  • Confirm the nonconforming status: Was the use/structure lawfully occupying the property on June 20, 2007? (See § 18.76.020).
  • Determine whether the use ceased or was abandoned; document continuous cessation dates (9‑month abandonment rule). § 18.76.040(A–B).
  • If proposing alterations or additions, confirm the work does not increase unit count (residential) or expand the nonconforming use into new spaces (multi‑tenant limits). § 18.76.030(B–D).
  • If the project is in a C or I district and the site has nonconforming screening/paving/planting, prepare a two‑year elimination schedule for the zoning permit. § 18.76.060.
  • If in the CP district, prepare a schedule and obtain design review approval for elimination/substantial reduction of nonconformities before a zoning permit is issued. § 18.76.070.
  • If restoring damage, determine percent loss with an appraisal if required and pull a building permit within nine months if ≤50% damage; get chief building official determination and, if needed, an extension from the city planner. § 18.76.050(A–D).
  • If seeking to reestablish an abandoned use in the M or Railroad PD district, assemble findings evidence (CO pre‑2007, architecture that limits conforming reuse, public welfare impacts). § 18.76.040(D)(3).
  • Obtain required zoning approval prior to any building permit/certificate of occupancy — see § 18.32.010.

Risks & Ambiguities

Issue Why it matters What to verify
Lawful date threshold (June 20, 2007) Nonconforming status depends on lawful occupancy on that date; missing proof can mean loss of nonconforming protection. Verify documentary proof (CO, business license, permits) and quote § 18.76.020.
“Increase the discrepancy” standard The code bars alterations that increase the gap to required standards, but “increase” can be read differently in practice. Ask the zoning administrator how they interpret increases for setbacks/height; see § 18.76.030(F).
Abandonment vs temporary closure 9‑month continuous cessation = abandonment; however short closures may be disputed. Document continuous occupancy/use history and verify dates against § 18.76.040(A–B).
Restoration threshold appraisal Owner pays for a certified general appraiser; chief building official makes final damage determination (may differ). Budget for appraisal and expect administrative review per § 18.76.050(C).
Multi‑tenant expansions The code allows internal remodeling but generally forbids expansion into adjacent spaces if that displaces conforming uses. Verify tenant‑space occupancy as of June 20, 2007 and consult § 18.76.030(D).
Interaction with ADU permitting State ADU law may limit the city’s ability to deny ADU permits because of nonconforming zoning conditions; Pittsburg’s nonconforming chapter does not address ADU-specific limitations. Not found in retrieved materials; consult the Pittsburg ADU page and California ADU law for state limits. See also Pittsburg Development Standards and confirm with the planning staff.
Numeric setback/height numbers Chapter 18.76 refers to front/side/rear yards, height, FAR, etc., but does not provide numeric standards. Verify district numeric standards on the Pittsburg Development Standards and district chapters. Not found in Chapter 18.76.

Plain‑English Summary

If your Pittsburg property was legal on June 20, 2007 but now violates the zoning rules, you can usually keep using and maintaining it, but you generally cannot enlarge it, move it, or let it sit unused for nine months (that counts as abandonment). Special rules apply if you’re in Old Town (CP), in the M district or Railroad Avenue PD, or if the building was badly damaged; the code spells out paperwork, timeframes and when design review or zoning administrator findings are required. See § 18.76.020–070 for the controlling rules.


Source References

  • Pittsburg Municipal Code, Chapter 18.76 — NONCONFORMING USES AND STRUCTURES; § 18.76.010–070.
  • § 18.76.020 (Continuation and maintenance) — definition of lawful nonconforming use/structure and routine maintenance.
  • § 18.76.030 (Alterations and enlargements) — limits on moving/enlarging and special rules for R and C districts.
  • § 18.76.040 (Cessation and abandonment) — nine‑month abandonment, reestablishment rules including M and Railroad PD exception and required findings.
  • § 18.76.050 (Restoration of a damaged structure) — ≤50% repair window; >50% rebuild to current standards; appraisal process.
  • § 18.76.060–070 (New occupancy schedules and CP district design-review schedules).
  • Zoning approvals and notice/hearing rules (zoning approval required before building permit, and public hearing requirement for reestablishment in some mixed‑use cases): § 18.32.010.
  • Wireless facilities treated as nonconforming where applicable: § 18.84.905(B).

Additional Pittsburg pages referenced for related topics (first in‑page mention of each is hyperlinked): Pittsburg Zoning & planning overview, Pittsburg Zoning, Pittsburg Land Use, Pittsburg Development Standards, Pittsburg Parking, Pittsburg Design Review, Pittsburg Overlay Districts, Pittsburg ADUs, California Building Standards Code (Title 24), and California ADU law.


Sources

Retrieved passages

  • Pittsburg Zoning Code (chapter and) High relevance
  • Pittsburg Zoning Code (§ 3) High relevance
  • Pittsburg Zoning Code (§ 3) High relevance
  • Pittsburg Zoning Code (§ 3) High relevance
  • Pittsburg Zoning Code (Chapter 18.76) High relevance
  • Pittsburg Zoning Code (Chapter 18.80) High relevance
  • Pittsburg Zoning Code (section shall) High relevance
  • Pittsburg Zoning Code (§ 2) High relevance

Cited sections

Frequently asked questions

What counts as a nonconforming use in Pittsburg?

A use or structure lawfully occupying a site on June 20, 2007 that no longer meets the district regulations is a nonconforming use/structure and may be continued subject to limitations; see § 18.76.020.

Can I add on to a nonconforming house in a residential zone?

Yes — in R and C districts exterior or interior remodeling and additions to a structure housing a nonconforming residential use (except mixed‑use residential) may be allowed so long as the number of dwelling units is not increased and the project complies with applicable regulations. See § 18.76.030(B).

How long can a nonconforming commercial use sit vacant before it’s considered abandoned?

Nine continuous months; cessation of a use for nine or more months is defined as abandonment and generally prevents reestablishment except for limited exceptions spelled out for the M and Railroad Avenue PD districts. § 18.76.040(A–D).

If a nonconforming building is partly destroyed by fire, can I rebuild it?

If the damage is 50% or less of the structure’s pre‑damage value, you can restore it if a building permit is issued within nine months and work is pursued diligently; if damage exceeds 50% you must rebuild to current standards. The damage percentage is based on an appraisal and chief building official determination. § 18.76.050(A–C).

Can I expand my nonconforming business into neighboring tenant space?

Generally no. Multi‑tenant buildings may permit interior remodeling within existing exterior walls, but expansion of the nonconforming use into adjacent tenant spaces that increases units, displaces conforming uses, or occupies spaces it did not occupy on June 20, 2007 is prohibited. § 18.76.030(D–E).

If my site lacks required screening or planting and I want a zoning permit, what happens?

If you apply for a zoning permit in a C or I district and the site lacks required screening, paving, or planting, you must present a schedule to substantially reduce or eliminate those nonconformities within two years; the city planner can prioritize which items to fix first. § 18.76.060.

Can an abandoned nonconforming use be reestablished in Old Town (CP)?

Abandoned uses in the CP district are generally not reestablished unless they fall under the limited allowances for structures lawfully occupying CP prior to November 1, 2006; additionally, CP zoning permits for nonconforming sites require a reduction schedule and design review approval. § 18.76.020(E–F), § 18.76.070.

Do nonconforming wireless antennas have special treatment?

Yes — wireless telecommunications facilities that do not meet the wireless-article requirements are deemed nonconforming structures and are subject to Chapter 18.76 to the extent federal and California law permit. § 18.84.905(B).

Where do I find the numeric setback and height standards I must meet if rebuilding?

Chapter 18.76 references front/side/rear yards, height, floor area, and similar standards but does not list numeric values. You must consult the district development standards (see Pittsburg Development Standards) and the district chapters for numeric setbacks and height limits. Not found in Chapter 18.76.

If I want to convert an existing accessory structure to an ADU but the lot has nonconforming zoning conditions, will Pittsburg require correction first?

Pittsburg’s Chapter 18.76 does not address state ADU-specific limits. State ADU law restricts a local agency’s ability to deny ADUs due to nonconforming zoning conditions; consult the Pittsburg ADU page and California ADU law and verify with planning staff. Not found in Chapter 18.76. (State ADU rules may apply.) ---

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