Local zoning · Pomona

Pomona — Nonconforming Uses

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

Last reviewed: July 2, 2026

Overview

Pomona’s rules for nonconforming lots, uses, structures, and improvements are in the Pomona Zoning & Development Code under § 11100. Nonconformities. The Code allows legacy uses or buildings that were lawful when established to continue in limited ways, but tightly restricts enlargement, intensification, or rebuilding that increases nonconformity. See the code’s general definition and standards at § 11100 for the controlling rules and thresholds.

Note: this page sticks strictly to what the Pomona Zoning & Development Code says about nonconformities (not Title 24 or tenant law). For practical items like engineering, permits, or construction standards consult the building code. For context-sensitive items like parking counts consult the city’s parking rules. (Links to those resources are embedded in the text below.)

How Pomona defines and treats nonconformities (core rules)

A “nonconforming use” is a use that lawfully existed when the Code became effective but does not conform to the current Use Module for the district. See § 11100.D.
General principle: a nonconformity may continue but may not be enlarged, intensified, or altered in a way that increases the degree of nonconformity except where the Code expressly allows an exception. See § 11100.C(4).b and § 11100.D.e–f.
Abandonment/discontinuance rules: a nonconforming residential use is abandoned after 365 consecutive days of discontinuance; a nonresidential nonconforming use is abandoned after 180 consecutive days — after which it loses nonconforming status and cannot be reestablished without conforming to current rules (§ 11100.D.1.b). The Zoning Administrator makes abandonment determinations when facts are unclear.
Repairs and ordinary maintenance are allowed without triggering nonconforming rules for project activities defined in § 1200.K; but new construction, additions, facade changes, change of use, or major renovations that increase nonconformity are generally prohibited (§ 11100.C.4.a–b).
If a nonconforming structure is damaged, it may be rebuilt up to original size and placement when damage costs are ≤ 50% of the pre-damage fair market value and rebuilding begins within 180 days (with extensions by the Zoning Administrator) — higher-cost rebuilding (>50%) requires a public hearing and findings by the Zoning Administrator for most structures (§ 11100.E.1.a–b).
Where nonconformance involves the site — for example parking — the Code contains limited site exceptions; existing parking stalls on a nonconforming use are treated as the required parking when they are already fewer than the Code requires (§ 11100.L.1.a). For parking metrics see the city’s parking rules.

(First natural mention links: the city’s development standards, parking, and ADUs pages are useful complements.)

District-by-district breakdown (how nonconformities operate across Pomona’s zoning districts)

The Zoning & Development Code organizes districts with a bracket system (Form Module — Frontage Module — Use Module). The Code groups major district families; below are the district families that matter for nonconformities and the Code references that describe them. Where the Zoning Code gives specific form or frontage metrics those are cited — but the nonconformity rules themselves are citywide under § 11100 and apply across all districts; district entries below list where those district standards appear so you can judge what the nonconformity affects. Verify parcel-specific rules with the jurisdiction.

Notes on sources: district intent and where they apply are summarized in Part 2; specific dimensional values live in the applicable Form Modules (Part 3) and Frontage Modules (Part 4). See the cited sections for each district below.

Residential Neighborhood Districts (RND)

Purpose: low- to medium-density house-scale neighborhoods implementing the General Plan’s Neighborhood Place Types. See § 200 (summary of zoning districts) and the RND descriptions.
Typical permitted uses: predominantly single-unit and small multi-unit residential uses; limited neighborhood-serving nonresidential uses (see Use Modules applied to RND). See Sec. 510/520 for Use Module rules.
Key dimensional standards (where the Form Modules apply): many RND lots use House Narrow (HN1/HN2) or House Medium (HM1) Form Modules; for example HN1 shows 5 ft front setback, 55% max building coverage, and height limits around 2.5 / 32 ft in the Form Module tables (see Sec. 320 / Sec. 390).
Where it applies: residential neighborhoods across the city mapped as RND. Nonconforming residential uses in RND are subject to the abandonment rule (365 days) in § 11100.D.1.b.i.

Neighborhood Edge Districts (NED)

Purpose: medium-scale (up to ~3 stories) transition districts that allow small multi-family and limited commercial uses — implement the Neighborhood Edge place type. See § 200.C.
Typical uses: mix of residential and small-scale commercial (see Use Module assigned, e.g., G1/CX1 variants). See Sec. 520.
Dimensional examples: Frontage Module N1 shows build-to depths (e.g., 25 ft / 20 ft max) and transparency/entrance requirements; setbacks, ground-story heights and active frontage metrics are in Sec. 420. Nonconforming facade or build-to deviations are handled via § 11100.J (Frontage Exceptions).

Urban Neighborhood Districts (UND)

Purpose: denser residential/mixed-use neighborhoods (up to 4 stories in many subdistricts). See Part 2 summaries.
Typical uses: multi-unit residential, limited ground-floor commerce as specified in applied Use Module (R1, MU1, etc.). See Sec. 510–520.
Dimensional examples: Form Modules for UND often allow LM3 / MM1 variety; frontage and build-to metrics (e.g., minimum build-to width percentages, ground-story heights) are in Part 3/4. Nonconforming height or build-to encroachments fall under § 11100.I/J for form and frontage exceptions.

Activity Center Districts (ACD)

Purpose: medium- to large-scale mixed-use centers (up to ~6 stories) intended for intensive residential/commercial activity. See § 200.E.
Typical uses: retail, restaurants, offices, higher-density housing (see Use Module e.g., CX4). See Sec. 520.
Dimensional examples: Form Modules MM1 / MB1 control height (multi-story), build-to depth/width, ground-floor activity—nonconforming expansions that increase height or floor area are limited by § 11100.I.b and the general nonconforming-use rules.

Transit Oriented Districts (TOD)

Purpose: areas intended to concentrate denser mixed uses around transit; subdistricts allow 4–6 stories in many cases. See Part 2 / Sec. 340.
Typical uses: higher-density residential and larger commercial uses subject to Use Module assignments (see Sec. 520).
Dimensional examples: the Form/Frontage Modules and alternative typologies govern specific setbacks, build-to metrics, and parking location; nonconforming site or frontage features may be eligible for Frontage Exceptions under § 11100.J.

Workplace Districts (WD)

Purpose: lower-impact industrial/clean manufacturing with indoor industrial uses, limited accessory outdoor storage, and controlled residential where screened. See § 200.G.
Typical uses: light manufacturing, laboratories, trade uses; large outdoor storage often restricted. See Use Modules for WD.
Dimensional examples: Form Modules for industrial types (building width/depth limits, max heights) are in Part 3; nonconforming industrial building width/depth exceptions have special rules (e.g., rebuilding industrial buildings may be allowed to exceed width/depth under conditions including LEED Gold certification) under § 11100.I.c.

Special Campus Districts (SCD) and Parkland Districts (PLD)

Purpose & uses: campus or parkland-specific rules found in Part 2 and specific Form Modules; nonconformities follow the citywide rules in § 11100, with some historic or programmatic exceptions. See Part 2 summaries.

If you need the parcel-level applied bracket (e.g., UND3 [LM3-MU1-R1]), check the City’s zoning maps and the Zoning Code maps; the Code’s district summaries indicate which Form/Frontage/Use modules apply to each named district.

Quick reference table — most decision-relevant nonconforming standards

Rule / Decision item	What Pomona requires	Code Reference
Definition of nonconforming lots/uses/structures	Existing lawful uses/structures at time Code became effective that don't meet current module rules are nonconforming	§ 11100.A
Abandonment — residential	Abandoned after 365 consecutive days of discontinuance	§ 11100.D.1.b.i
Abandonment — nonresidential	Abandoned after 180 consecutive days of discontinuance	§ 11100.D.1.b.ii
Repair/maintenance allowed without triggering nonconforming standards	Renovation, maintenance, and repair project activities are excluded from triggering the section’s standards	§ 11100.C.4.a and § 1200.K
Enlargement/intensification	Prohibited if it increases degree of nonconformity except as specifically allowed	§ 11100.C.4.b and § 11100.D.e–f
Damage/rebuild threshold	Rebuild allowed up to original size if cost ≤ 50% of pre-damage FMV; commence within 180 days; >50% requires hearing/finding by Zoning Administrator (with narrow single-family exception)	§ 11100.E.1.a–b
Parking for existing nonconforming use	Existing stalls count as required stalls when fewer than Sec. 710 standard	§ 11100.L.1.a
Frontage/form exceptions (additions in setback, build-to width)	Detailed allowances (e.g., additions may not encroach more than existing, cannot reduce nonconforming setback to <50% of required)	§ 11100.I and § 11100.J
Use exceptions (drive-throughs, fueling stations)	Narrow expansion allowances with standards (queueing, max pumps, remediation)	§ 11100.K

Checklist — what an applicant must satisfy when dealing with a nonconformity in Pomona

Demonstrate that the use/structure was lawfully established at the time the Zoning & Development Code (or amendment creating the nonconformity) became effective (owner bears burden of proof). See § 11100.C.1.
Confirm whether the nonconforming use has been discontinued/abandoned (residential 365 days, nonresidential 180 days). If abandonment is contested, expect a Zoning Administrator determination based on evidence (receipts, utilities, removal of fixtures). See § 11100.D.1.b–2.
For proposed repairs, maintenance, or renovations, classify project activities per § 1200.K to determine if they are “maintenance/repair” (allowed) or “major renovation” (may be prohibited if they increase nonconformity). See § 11100.C.4.a–b.
If damage/rebuilding is involved, calculate the cost-to-value ratio (50% threshold) and note the 180-day commencement window; prepare for a hearing if >50% unless single-family exception applies. See § 11100.E.1.
For site-level elements (parking, access), document existing conditions — the Code may treat current parking stalls as the required parking for a nonconforming use (see § 11100.L.1.a) — also review the city’s parking guidance.
If the property is a designated historic resource, pursue a Certificate of Appropriateness via the Historic Preservation Commission instead of (or in addition to) standard nonconforming procedures — historic exemptions are noted in § 11100.C.2. See the city’s historic preservation page.
Where strict compliance cannot be achieved, consider appeals or alternative compliance routes (appeal rules in § 1130 and Alternative Compliance § 1170.D).

Risks & Ambiguities

Issue	Why it matters	What to verify
Abandonment timing (365 vs. 180 days)	Loss of nonconforming rights can happen automatically; re-establishing the use is barred after abandonment	Verify continuous operation evidence with the Zoning Administrator (receipts, utilities); see § 11100.D.1.b.
Rebuild cost threshold (>50% FMV)	If rebuilding is >50% of FMV, a public hearing is required and findings must be made — risk of losing right to rebuild	Get an independent appraisal and plan to commence within 180 days; see § 11100.E.1.a–b.
What counts as “intensification” or “increase in degree of nonconformity”	The code forbids intensifying a nonconforming use; small changes can be interpreted as intensification	Ask for Zoning Administrator guidance early and document that proposed change does not increase floor area, hours, or operations; see § 11100.D.e–f.
Interaction with ADU permits	State ADU law limits local agencies’ ability to deny ADU permits based solely on nonconforming zoning conditions; Pomona’s ADU rules mirror that protection	Verify ADU-specific guidance in Part 8 and the ADU chapter; see Sec. 830.A.8 (Nonconforming code conditions) and city ADU page.
Parking shortfalls on nonconforming sites	The Code sometimes counts existing stalls as required stalls, but site development or an expansion can trigger updated parking calculations	Confirm whether the project is “site modification” or “addition” under § 1200.K and consult § 11100.L.1.a and the parking rules.
Historic property exemptions	Historic properties may be exempt from certain abatement rules — but review and Certificates of Appropriateness are required	Check § 11100.C.2 and consult the Historic Preservation Commission early.

Plain-English summary

If your building or business in Pomona was legal under an older zoning rule but doesn’t meet today’s rules, the city calls it “nonconforming.” You can usually keep using it, but you generally cannot make it bigger or change it in ways that make it more out-of-compliance. If it stops operating long enough (365 days for homes, 180 days for businesses) or is destroyed and rebuilt beyond the Code’s thresholds, it loses those grandfathered rights. The controlling rules are in § 11100 of the Pomona Zoning & Development Code.

Source References

Pomona Zoning & Development Code — Sec. 11100. Nonconformities (Nonconforming uses, structures, abandonment, rebuilding, exceptions). § 11100.
Pomona Zoning & Development Code — § 11100.D (Discontinuance and Abandonment rules — 365/180 days). § 11100.D.
Pomona Zoning & Development Code — § 11100.E (Damage/destruction and rebuilding rules; 50% threshold, 180 days). § 11100.E.
Pomona Zoning & Development Code — § 11100.I / § 11100.J / § 11100.K / § 11100.L (Form, Frontage, Use, and Site exceptions for nonconformities). § 11100.I–L.
Pomona Zoning & Development Code — District summaries and module lists (Part 2, Sec. 200; summaries for RND, NED, UND, ACD, TOD, WD). See Part 2 summaries.
Pomona Zoning & Development Code — Form Modules (House Narrow, House Medium, special form tables) and Frontage Modules (N1, MU1) for dimensional metrics (Part 3 & 4). See Sec. 320 / Sec. 420 / Sec. 430 / Sec. 390.
Pomona Zoning & Development Code — ADU chapter and nonconforming code conditions protections (Part 8, Sec. 830.A). Sec. 830.A.8.
For related local pages (internal): Pomona zoning & planning overview — /us/california/pomona; Pomona Zoning — /us/california/pomona/zoning; Pomona Development Standards — /us/california/pomona/development-standards; Pomona Parking — /us/california/pomona/parking; Pomona ADUs — /us/california/pomona/adu; Pomona Design Review — /us/california/pomona/design-review; Pomona Overlay Districts — /us/california/pomona/overlay-districts; California Building Standards Code — /us/california/building-codes.

Sources

Retrieved passages

Pomona Zoning Code High relevance
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Cited sections

Official Pomona code library

Frequently asked questions

What is a nonconforming use in Pomona?

A nonconforming use is a use that was lawfully established before the current Zoning & Development Code took effect but does not meet the Use Module for the property today. The city defines and governs nonconforming uses in § 11100 and allows continuation subject to limits on enlargement, intensification, and abandonment.

How long can a nonconforming residential use sit vacant before it is lost?

A nonconforming residential use is deemed abandoned if it is discontinued for 365 consecutive days; after that it loses its nonconforming status and the property must be used in compliance with current zoning. See § 11100.D.1.b.i.

How long before a nonresidential (commercial) use loses nonconforming status if it stops operating?

A nonresidential nonconforming use is deemed abandoned after 180 consecutive days of discontinuance; the Zoning Administrator decides abandonment when facts are unclear. See § 11100.D.1.b.ii.

If my nonconforming building is damaged, can I rebuild it?

Yes, subject to rules: rebuilding up to original size and placement is allowed without losing nonconforming status if repair costs are ≤ 50% of the structure’s fair market value prior to damage and rebuilding begins within 180 days (extensions possible). If rebuilding costs exceed 50% of FMV, the Zoning Administrator must hold a hearing and make findings for most buildings (special single-family exception is noted). See § 11100.E.1.

Can I add on to a nonconforming building or expand a nonconforming business?

Generally no — the Code prohibits new construction, additions, site or facade changes, or changes of use that increase the degree of nonconformity, except where specific exceptions apply (Form/Frontage/Use/Site Exceptions in § 11100.I–L). Minor maintenance or repair project activities (as defined in § 1200.K) are allowed without triggering nonconforming standards. See § 11100.C and § 11100.I–L.

If a property is nonconforming because of parking, how does the Code treat the existing stalls?

When parking is required but existing stalls are fewer than current requirements, the Code treats the currently-provided parking stalls as the required parking for that existing nonconforming use (this is a site exception under § 11100.L.1.a). For any new development on the lot, updated standards may apply.

Does historic designation change how nonconformities are handled?

Yes. Designated historic landmarks, contributing structures in a historic district, or properties listed on the California or National Register are exempt from certain abatement provisions with respect to restoration and maintenance, provided construction plans receive a Certificate of Appropriateness from the Historic Preservation Commission (§ 11100.C.2). Verify applicability with the Historic Preservation office.

If the nonconforming use was on a lot that changed zoning, when does the abatement period start?

If a lot, use, structure, or improvement becomes nonconforming due to a change in zoning district boundaries or to the Code, the period prescribed for abatement begins on the effective date of the change — see § 11100.C.3. Verify exact effective-date calculations with the City.

Can Pomona require correction of nonconforming zoning conditions when I apply for an ADU?

Pomona’s ADU provisions and state law limit denial of ADU permits solely because of nonconforming zoning conditions that do not threaten public health or safety. The ADU chapter clarifies that nonconforming code conditions, building-code violations, and unpermitted structures that are not a health/safety threat may not be used to deny an ADU permit. See Part 8, Sec. 830.A.8 (ADU nonconforming rules) and the ADU chapter.

Who decides ambiguous abandonment or intensification questions?

The Zoning Administrator is charged with making determinations about abandonment or other ambiguous nonconforming issues, based on evidence such as business records, removal of fixtures, or utility shut-offs. See § 11100.D.2. ---

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