Local zoning · Richmond

Richmond — Nonconforming Uses

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

Quick answer

In Richmond, a lawful nonconforming use may continue indefinitely, but you cannot switch to a different nonconforming use, and any floor area expansion is capped at 10% with an administrative use permit (§ 15.04.606.020.B; § 15.04.606.040.A–C). Long-held small lots under 5,000 sf or 50 ft width have special one- or two-unit allowances (e.g., ≤3,300 sf or ≤33 ft = one unit; up to 3,700 sf or 37.5 ft = one or two units) (§ 15.04.606.090.B). Nonconforming land-only uses may continue up to 5 years (§ 15.04.606.100.B).

Last reviewed: July 25, 2026 · AI-generated analysis · General information, not legal advice · details

Compiled from Richmond's adopted code with AI research tools and grounded in the sources cited below. Verify with Richmond planning staff before relying on it.

Overview

Richmond’s nonconforming rules live in Article XV of the Zoning Ordinance (Title 15). They let a legally established but now-out-of-compliance use, structure, or lot continue, with tight guardrails on change, expansion, and re-establishment. The specifics matter by district because what is “conforming” depends on the allowed uses and development standards of your mapped zone. Start by confirming your base district on the Official Zoning Map, then apply the nonconforming rules below and the applicable Richmond Zoning, Richmond Land Use, and Richmond Development Standards provisions.

A legally established nonconformity runs with the land and may continue indefinitely, but you cannot change it to another nonconforming use and floor area expansion is capped at 10% with an administrative use permit (§ 15.04.606.020.B; § 15.04.606.040.A–C).

How Richmond defines and treats nonconformities

Definition and scope
- A nonconformity is any legally established use, structure, or lot that no longer conforms due to current Article XV provisions, a rezoning, or a specific plan; inconsistencies can include location, density, FAR, height, setbacks, open space, parking, or performance standards (§ 15.04.606.020.A–A.2).
- Nonconforming lots are lots smaller/narrower than current minimums or otherwise dimensionally deficient (§ 15.04.606.020.A.3).
Right to continue and illegal uses
- Right to continue: may be continued and maintained indefinitely; right runs with the land (§ 15.04.606.020.B).
- Illegal uses: must be discontinued or legalized within 90 days after written notice (§ 15.04.606.020.C).
Exemptions (when something is not treated as “nonconforming”)
- Residential structures with at least one space per dwelling unit are not nonconforming due to inadequate parking (§ 15.04.606.030.A; see also Richmond Parking).
- Certain legally established residential uses/lots/structures are treated as conforming (but enlargements/replacements must comply) (§ 15.04.606.030.B).
- Minor deviations (e.g., setbacks, landscaping/screening, yard projections) may be deemed not nonconforming by the Zoning Administrator (§ 15.04.606.030.C; see Richmond Landscaping and Screening).
- Safety, environmental, and resource-conservation improvements are expressly allowed notwithstanding nonconforming status (§ 15.04.606.030.D).
Changing, expanding, or re-establishing a nonconforming use
- Change to a conforming use allowed by right is OK (§ 15.04.606.040.A.1).
- Change to a use that is not allowed by right requires a conditional use permit (CUP); a mere change in ownership/tenancy/management within the same use type without expanding facilities is not a “new use” (§ 15.04.606.040.A.2).
- No change to a different nonconforming use is allowed (§ 15.04.606.040.A.3).
- Expansion: floor area expansion is capped at 10% and needs an administrative use permit (AUP), with additional findings; expansion cannot spill into other structures or lots under different ownership (§ 15.04.606.040.C–C.2).
- If the only issue is the absence of a prior use permit, you can cure it by obtaining the permit and the use becomes conforming (§ 15.04.606.040.B).
Special industrial exception in specific plan areas
- A limited exception can allow minor enlargements or alterations of nonconforming industrial uses via AUP, if the City makes specific benefit and compatibility findings (e.g., economic/public health/environmental benefits, no new unmitigated significant environmental impacts, ≤ 20% increase in overall intensity, no substantial extension of life) (§ 15.04.606.050.A–C).
Nonconforming site features and other special cases
- If the nonconformity is parking/screening/landscaping:
  - Without a principal building: cost of change ≤ total current assessed land value (§ 15.04.606.100.A.1).
  - With a principal building: cost of change ≤ current replacement cost of the original building(s) (§ 15.04.606.100.A.2).
- Nonconforming use of land (no principal building): may continue for up to 5 years after becoming nonconforming; cannot expand; once discontinued/changed, any new use must conform (§ 15.04.606.100.B).
- Existing single- or two-unit dwellings in districts where residences are prohibited may receive additions/alterations if:
  - All multi-family residential district regulations for use/height/area/yards/off-street parking are met;
  - No new dwelling units or conversions to lodging/care uses;
  - Added floor area ≤ 50% of existing dwelling at the time the prohibition took effect; and
  - No addition if any portion was converted to commercial/industrial after the prohibition took effect (§ 15.04.606.100.C).
Nonconforming lots
- Any recorded lot of substandard area/width may be developed if it meets all other applicable requirements (§ 15.04.606.090.A).
- Exception for long-held small/ narrow lots recorded separately since January 31, 1949 and relatively level:
  - ≤ 3,300 sf or ≤ 33 ft avg width: only one single-unit dwelling (§ 15.04.606.090.B.1).
  - 3,300–3,700 sf or >33–37.5 ft avg width: may be a building site for one or two dwelling units (§ 15.04.606.090.B.2).
- Otherwise, lots <5,000 sf or <50 ft width can still be developed per the base district rules if recorded as a lot of record (§ 15.04.606.090.A–B).

Key nonconforming decision points (table)

Topic	Rule/Limit	Approval Path	Code Reference
Right to continue	Runs with land; may continue indefinitely	None (by right to continue)	§ 15.04.606.020.B
Change to conforming use	OK if use is permitted by right and meets standards	Building/Zoning clearances; no CUP needed	§ 15.04.606.040.A.1
Change to use not allowed by right	Requires CUP; ownership/tenant changes in same use type are not new uses	CUP	§ 15.04.606.040.A.2
Change to different nonconforming use	Prohibited	N/A	§ 15.04.606.040.A.3
Expansion of nonconforming use	≤ 10% floor area; no expansion into other structures or different-owner lots	AUP with findings	§ 15.04.606.040.C–C.2
Missing use permit only	Obtain the use permit to become conforming	AUP/CUP as applicable	§ 15.04.606.040.B
Industrial limited exception (specific plan areas)	Minor changes OK with benefits; ≤ 20% intensity increase; no significant square footage/ life extension	AUP with Limited Exception Determination	§ 15.04.606.050.A–C
Land-only nonconforming use	May continue ≤ 5 years; no expansion; if discontinued, future use must conform	None to continue; permits for change	§ 15.04.606.100.B
Parking nonconformity (residential)	≥1 space per unit is not deemed nonconforming	N/A	§ 15.04.606.030.A
Small/narrow lots	Special one- or two-unit limits at ≤3,300–3,700 sf or ≤33–37.5 ft width	Standard permits	§ 15.04.606.090.B

District-by-district context for conformity

Below are Richmond’s actual mapped districts referenced in the ordinance. These matter because whether your current or proposed use is “conforming” is determined against each district’s allowed uses and standards.

CM-1 (Community Mixed-Use 1)

Purpose/context: A mixed-use district allowing a range of residential and limited commercial uses (see Table 15.04.202.020).
Typical permitted uses: Attached and multi-unit dwellings (P); ADUs (P); General market (P); Cultural facility (P); some offices/business services with limitations (L2) (§ 15.04.202.020).
Key dimensional standards: Min lot size 5,000 sf, min width 50 ft; nonres FAR 0.5; street frontage setback 0–15 ft (commercial/mixed-use); residential-only projects follow RM2 setbacks (§ 15.04.202.030(1)).
Where it applies: Verify with the jurisdiction (Official Zoning Map not in source materials).

CM-2 (Community Mixed-Use 2)

Typical permitted uses: Attached dwellings (P); multi-unit dwellings with limitations (L1); ADUs (P); General market (P); Community garden (P); select retail and personal services (often P or L2) (§ 15.04.202.020).
Key dimensional standards: 5,000 sf min lot; 50 ft min width; nonres FAR 0.5; street frontage setback 0–10 ft (§ 15.04.202.030(1)).
Where it applies: Verify with the jurisdiction.

CM-3 (Community Mixed-Use 3)

Typical permitted uses: Attached and multi-unit dwellings (P); broad retail including large-scale (P); offices (P); entertainment in some cases (A/C); ADUs (P) (§ 15.04.202.020).
Key dimensional standards: 5,000 sf min lot; 50 ft min width; nonres FAR 2.0; street frontage setback 0–5 ft (§ 15.04.202.030(1)).
Where it applies: Verify with the jurisdiction.

CM-4 (Community Mixed-Use 4)

Typical permitted uses: Mixed commercial (restaurants, retail, offices), some entertainment (C), attached/multi-unit housing (A/P), ADUs (P) (§ 15.04.202.020).
Key dimensional standards: 5,000 sf min lot; 50 ft min width; nonres FAR 2.0; street frontage setback 0–10 ft (§ 15.04.202.030(1)).
Where it applies: Verify with the jurisdiction.

CM-5 (Community Mixed-Use 5)

Typical permitted uses: Higher-intensity commercial and retail; hotels (C); some auto uses (A/C), General retail (P), offices (P); ADUs (P) (§ 15.04.202.020).
Key dimensional standards: 5,000 sf min lot; 50 ft min width; nonres FAR 5.0; street frontage minimum 5 ft (§ 15.04.202.030(1)).
Where it applies: Verify with the jurisdiction.

LW (Live-Work)

Typical permitted uses: Live-Work units (P); ADUs with limitation (L20); small-scale retail and services (often L2); bed-and-breakfast (x); many pure commercial uses are more limited (§ 15.04.202.020).
Key dimensional standards: 5,000 sf min lot; 50 ft min width; nonres FAR 0.5 (0.8 with CUP); street frontage minimum 10 ft (§ 15.04.202.030(1)).
Where it applies: Verify with the jurisdiction.

PCI (Public, Cultural, and Institutional)

Typical permitted uses: Public safety facility (P); utilities, minor (P); community/institutional uses like government buildings (C), cultural facility (C), schools (C) (§ 15.04.205.020).
Nonconforming note: The table directs to Article 15.04.606 for nonconformities (§ 15.04.205.020).
Where it applies: Verify with the jurisdiction.

PR (Parks and Recreation)

Typical permitted uses: Park and recreation facility (C); small-scale personal services serving recreation (L1); cultural facility (C) (§ 15.04.205.020).
Where it applies: Verify with the jurisdiction.

T4N (Form-Based Code – Neighborhood)

Typical permitted uses: Single-family (P); multi-unit dwellings (P); ADUs (P); farmers markets (P); many commercial uses are limited or require A/C (§ 15.04.402.070).
Building types context: House-scale types are described in § 15.04.401.080 (e.g., Detached House, Cottage, Duplex).
Where it applies: Verify with the jurisdiction.

T4N-O (Open Sub-Zone)

Typical permitted uses: Similar to T4N with allowances tailored by the Open Sub-Zone; multi-unit dwellings (P); ADUs (P) (§ 15.04.402.070).
Where it applies: Verify with the jurisdiction.

T4MS / T4MS-O (Main Street)

Typical permitted uses: Neighborhood-serving retail (P); restaurants (P); offices/services (P); broad residential allowances (ADUs (P)) (§ 15.04.402.070).
Building types: Rows/townhouses, multiplexes, and live/work appear in the building types overview (§ 15.04.401.080).
Where it applies: Verify with the jurisdiction.

T5N (Urban Neighborhood)

Typical permitted uses: Single-family (P); multi-unit dwellings (P); broad commercial and lodging (often P/A/C); ADUs (P) (§ 15.04.402.070).
Building types: Includes mid- to high-intensity forms; “High-Rise” (>8 stories) is allowed only in the T5N-135 sub-zone (§ 15.04.401.080).
Where it applies: Verify with the jurisdiction.

T5MS / T5MS-O (Main Street – Urban)

Typical permitted uses: Robust main-street mix with retail (P), restaurants (P), offices (P), lodging (P2) and residential on upper floors/back of lot (§ 15.04.402.070).
Building types: Some types allowed only in the Open Sub-Zone (§ 15.04.401.080).
Where it applies: Verify with the jurisdiction.

T5C / T5C-O (Core/Center)

Typical permitted uses: Downtown-intensity mix; many commercial and institutional uses permitted; residential often P on upper floors (see table notes) (§ 15.04.402.070).
Building types: Mid-rise (4–8 stories) and other block-scale buildings appear in § 15.04.401.080.
Where it applies: Verify with the jurisdiction.

How this ties back to nonconforming status: if your existing use is not “P” (permitted) for your district, or became inconsistent due to a rezoning/specific plan update, it’s likely a nonconforming use and must follow the change/expansion rules summarized above. For additions, also check applicable Richmond Design Review and any mapped Richmond Overlay Districts that might add standards.

Checklist

Confirm the use/structure/lot was legally established before the current standard took effect (§ 15.04.606.020.A).
Identify your base district and applicable use table (e.g., CM, PCI/PR, T4/T5) and development standards (§ 15.04.202.020; § 15.04.202.030(1); § 15.04.205.020; § 15.04.402.070).
Determine whether the current/proposed use is permitted by right; if changing to a conforming by-right use, ensure full compliance with all applicable standards (§ 15.04.606.040.A.1).
If changing to a use not allowed by right, prepare a CUP application; ensure no change to a different nonconforming use (§ 15.04.606.040.A.2–A.3).
If expanding a nonconforming use, keep floor area increase ≤10% and apply for an AUP; do not expand into other structures/lots under different ownership; address required AUP findings (§ 15.04.606.040.C–C.2).
If the only issue is a missing historical use permit, apply for the appropriate permit to make the use conforming (§ 15.04.606.040.B).
For industrial uses in a specific plan area seeking safety/environmental/economic benefits, consider the Limited Exception AUP and prepare required benefit documentation (§ 15.04.606.050.A–C).
For nonconforming site features (parking/screening/landscaping), verify cost thresholds and whether the proposal qualifies (§ 15.04.606.100.A; § 15.04.606.030.A–C).
For substandard lots, verify qualifying dates/dimensions and unit limits (§ 15.04.606.090.A–B).
Coordinate any required design, signage, or overlay compliance as separate steps (see Richmond Signage, Richmond Overlay Districts, and Richmond Design Review). Verify with the jurisdiction.

Risks & Ambiguities

Issue	Why it matters	What to verify
Proof of legality	The right to continue hinges on whether the use/lot/structure was lawfully established	Deeds, permits, business licenses, Certificates of Occupancy; zoning in effect when established (§ 15.04.606.020.A–B)
What counts toward “floor area” for the 10% cap	Miscounting could push you over the cap or trigger denial	How staff measure floor area for the use; whether mezzanines/covered areas count; AUP submittal expectations (§ 15.04.606.040.C)
Abandonment/time limits for uses in buildings	Some cities terminate nonconforming status after inactivity; Richmond’s general rule isn’t stated here	Not found in source materials; only land-only nonconforming uses have a 5-year continuation cap (§ 15.04.606.100.B). Verify with the jurisdiction
Which multi-family standards apply to additions to dwellings in non-residential districts	You must meet “all the regulations … as required for a multi-family residential district”	Identify the applicable multi-family district standards before designing (§ 15.04.606.100.C.1). Verify with the jurisdiction
Cost thresholds for site-feature changes	Cost caps tie to assessed land value or replacement cost	How the City verifies “current assessed value” and “current replacement cost”; acceptable documentation (§ 15.04.606.100.A)
Specific plan industrial “limited exception”	Strong findings and ≤20% intensity increase are mandatory	Whether the site is in a specific plan area; benefit analysis expectations; cumulative effects of prior exceptions (§ 15.04.606.050.A–C)
Parking status for older residential buildings	Some older buildings lack today’s stall counts	The one-space-per-unit safe harbor and whether other site features trigger updates (§ 15.04.606.030.A–C)
Overlay and design triggers	Overlays or design review may add requirements	Any mapped overlay/historic district; design review thresholds and timelines (verify; see Richmond Overlay Districts, Richmond Design Review)

Plain-English Summary

If your building or use was legal when created but doesn’t meet today’s rules, Richmond generally lets it keep operating. You can switch to a fully conforming use or, with limits, expand up to 10% of floor area with an administrative permit. You can’t switch to a different nonconforming use. Special rules help long-held small lots and certain existing houses in non-residential districts. Industrial sites in specific plan areas can request a narrowly tailored exception for safety or environmental upgrades.

Source References

Richmond Zoning Code, Article XV — Zoning and Subdivisions (Ord. 16-16 N.S.; as amended)
§ 15.04.606.010 Purpose and Applicability
§ 15.04.606.020 Establishment of Lawful Nonconforming Uses, Lots and Structures
§ 15.04.606.030 Exemptions
§ 15.04.606.040 Nonconforming Uses
§ 15.04.606.050 Limited Exception for Nonconforming Industrial Uses in Specific Plan Areas
§ 15.04.606.090 Nonconforming Lots
§ 15.04.606.100 Nonconforming Site Features and Other Special Circumstances
§ 15.04.202.020 Table: Land Use Regulations—CM Mixed-Use Districts and Live-Work
§ 15.04.202.030(1) Table: CM Mixed-Use Lot, Density, FAR, and Building Placement Standards
§ 15.04.205.020 Table: Land Use Regulations—PCI and PR
§ 15.04.401.080 Building Types Overview
§ 15.04.402.070 Table: Land Use (T4/T5 Transect Zones)

Sources

Source passages

Richmond Zoning Code (§ 15.04.202.020) Medium relevance
Richmond Zoning Code (§ 15.04.401.080) Medium relevance
Richmond Zoning Code (§ 15.04.606.020) Medium relevance
Richmond Zoning Code (§ 15.04.606.040) Medium relevance
Richmond Zoning Code (§ 15.04.606.010) Medium relevance
Richmond Zoning Code (§ 15.04.606.050) Medium relevance
Richmond Zoning Code (§ 15.04.606.100) Medium relevance
Richmond Zoning Code (§ 15.04.402.070) Medium relevance
Richmond Zoning Code (§ 15.04.606.090) Medium relevance
Richmond Zoning Code (§ 15.04.606.030) Medium relevance
Richmond Zoning Code (§ 15.04.205.020) Medium relevance
Richmond Zoning Code (§ 15.04.202.030) Medium relevance

Cited sections

Richmond Zoning Code, Article XV — Zoning and Subdivisions (Ord. 16-16 N.S.; as amended) (Article XV)
§ 15.04.606.010 Purpose and Applicability (§ 15.04.606.010)
§ 15.04.606.020 Establishment of Lawful Nonconforming Uses, Lots and Structures (§ 15.04.606.020)
§ 15.04.606.030 Exemptions (§ 15.04.606.030)
§ 15.04.606.040 Nonconforming Uses (§ 15.04.606.040)
§ 15.04.606.050 Limited Exception for Nonconforming Industrial Uses in Specific Plan Areas (§ 15.04.606.050)
§ 15.04.606.090 Nonconforming Lots (§ 15.04.606.090)
§ 15.04.606.100 Nonconforming Site Features and Other Special Circumstances (§ 15.04.606.100)
§ 15.04.202.020 Table: Land Use Regulations—CM Mixed-Use Districts and Live-Work (§ 15.04.202.020)
§ 15.04.202.030(1) Table: CM Mixed-Use Lot, Density, FAR, and Building Placement Standards (§ 15.04.202.030)
§ 15.04.205.020 Table: Land Use Regulations—PCI and PR (§ 15.04.205.020)
§ 15.04.401.080 Building Types Overview (§ 15.04.401.080)
§ 15.04.402.070 Table: Land Use (T4/T5 Transect Zones) (§ 15.04.402.070)

Official Richmond code library

Frequently asked questions

Can I expand a nonconforming use in Richmond?

Yes, but the expansion of the use’s floor area is capped at 10% and requires an administrative use permit. You also cannot extend the use into another structure or onto a different-owner lot, and the Zoning Administrator must make specific findings before approval (§ 15.04.606.040.C–C.2).

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

No. You may change a nonconforming use to a use that is permitted by right in your district, or—if the new use is not by right—seek a CUP, but changing to another nonconforming use is prohibited (§ 15.04.606.040.A.1–A.3).

What if my use is only “nonconforming” because someone never got a use permit?

If the only reason it’s nonconforming is the absence of a required use permit at the time, you can obtain the appropriate permit and the use becomes conforming (§ 15.04.606.040.B). This is often simpler than pursuing a new entitlement.

How long can a nonconforming outdoor use (no principal building) continue?

A nonconforming use of land without a principal building can continue for up to five years after it becomes nonconforming, but it cannot be expanded or extended. If discontinued or changed, any further use must comply with current rules (§ 15.04.606.100.B).

My lot is 37.5 feet wide and 3,700 sf. What can I build?

On long-held, separately recorded, level lots under the exception: 3,300 sf or less (or 33 ft or less) are limited to one single-unit dwelling; more than 3,300 up to 3,700 sf (or >33 up to 37.5 ft) may be a building site for one or two units (§ 15.04.606.090.B.1–B.2).

Does lacking today’s parking make my residential building nonconforming?

Not if you have at least one parking space per dwelling unit. Residential structures meeting that minimum are not considered nonconforming due to inadequate parking (§ 15.04.606.030.A).

How do the “limited exceptions” work for nonconforming industrial uses?

In specific plan areas, the City may approve minor enlargements/alterations via AUP if they produce economic, fiscal, public health/safety, or environmental benefits without new unmitigated significant impacts, keep intensity increases to 20% or less, and don’t substantially extend the life of the nonconforming use (§ 15.04.606.050.C).

Do nonconforming rights end if my use goes dark?

The ordinance excerpt here doesn’t set a general abandonment period for uses in buildings. Only land-only nonconforming uses have a five-year continuation cap. Verify any abandonment rules with the City (§ 15.04.606.100.B; Not found in source materials).

Can I add onto an old house in a district that now prohibits residences?

Possibly. You may add/alter a single- or two-unit dwelling if you meet all multi-family residential district regulations, don’t add units or convert to a lodging/care use, and the added floor area is 50% or less of what existed when the prohibition took effect (§ 15.04.606.100.C).

Will I need design review for work on a nonconforming structure?

Design review requirements aren’t detailed in these sections. Many additions/alterations trigger separate design procedures—check Richmond Design Review and confirm with staff (Not found in source materials). ---

General information, not legal advice.

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