Riverside — Nonconforming Uses

Last reviewed: July 3, 2026

Overview

This page explains how the City of Riverside’s Zoning Code treats nonconforming lots, structures, and uses (what the code calls “nonconformities”) — how they are established, continued, changed, restored after damage, and when rights are lost. All rules below are drawn from the Riverside Zoning Code’s nonconformity provisions; the controlling sections are called out as § citations so you can verify the exact language.

How Riverside defines and manages nonconformities (core rules)

• A property, building or use that was lawfully established but no longer complies with current zoning is a legal nonconformity; the Zoning Code treats nonconformities as subject to orderly termination and regulation. See § 19.080.010.
• Establishing nonconforming status is the property owner’s responsibility; the Community & Economic Development Director (or designee) decides on nonconforming determinations and their decisions may be appealed. See § 19.080.020.
• Lawfully created lots that become substandard for area, frontage, width, depth, or accessibility may continue indefinitely and be developed as if conforming. See § 19.080.050.
• Routine maintenance and repair are allowed on nonconforming lots/structures so long as work does not involve structural alterations or enlargement (building permits still required where appropriate). See § 19.080.030.
• A nonconforming use that is discontinued for a continuous period of one year or more is normally abandoned and cannot be reestablished (with specific exceptions for residential and limited nonresidential reestablishment). See § 19.080.040.
• Expansion or alteration that increases the degree of nonconformity is prohibited except as allowed by the code (expansions generally require a minor conditional use permit or conditional use permit and specific findings). See § 19.080.070.
• If a nonconforming structure is destroyed or damaged, restoration rules depend on the percentage destroyed (the code uses a 50% threshold): repair under 50% may be rebuilt; above 50% may require permits (minor CUP or CUP). See § 19.080.080.
• The City Council may adopt amortization schedules for terminating nonconforming rights (authority only; specific amortization rules must be adopted separately). See § 19.080.045.

When the Zoning Code later authorizes a use by an approved permit (for example after a variance or CUP), that approval governs and the situation is no longer treated as a nonconformity unless the approval expires or is revoked. See § 19.080.020(D).

Practical note: many actions (repairs that are structural, rebuild after major damage, major expansions, reestablishing discontinued uses) will trigger discretionary approvals — expect staff review and potential hearings. See § 19.080.020 and § 19.080.070.

District-by-district breakdown (Riverside-specific zones touched by the nonconforming rules)

The Zoning Code applies the nonconforming rules citywide but includes special provisions for specific zones or overlays. Below are the actual Riverside zones/overlays that the nonconforming article explicitly calls out and the code language that governs them.

RA-5 (Residential Agricultural - 5-acre)

• Purpose and where it applies: The Zoning Code’s nonconforming DIVISION IV specifically lists RA-5 as a zone with special rules; these apply only to RA-5 parcels described in Measure R Sections 3 and 4 and properties meeting the DIV IV description. See § 19.080.110.
• Typical permitted uses: The Code’s general RA-5 uses and development standards are in the base zone tables (not reproduced here). The nonconforming article does not enumerate RA-5 permitted uses. Not found in retrieved materials.
• Key nonconforming standards (what matters in RA-5): Nonconforming uses and structures in RA-5 may generally continue indefinitely, but a discontinuance of one year is considered abandonment; if a nonconforming building is destroyed the owner may reconstruct a building of the same size or smaller provided work is commenced within one year — otherwise the use rights terminate. See § 19.080.110.
• Dimensional or lot standards for RA-5: Not found in retrieved materials (verify with the base zone tables in the Code).

RC (Rural Conservation / same Measure R context)

• Purpose and where it applies: RC is treated alongside RA-5 by the nonconforming DIVISION IV rules that apply to Measure R properties; see § 19.080.110.
• Typical permitted uses: Not enumerated in the nonconforming article. Not found in retrieved materials.
• Key nonconforming standards: Structural alterations within a nonconforming building may be made only if no structural alteration is needed (or with a conditional use permit); building permits for nonconforming buildings are tightly limited. See § 19.080.120 and § 19.080.130.
• Dimensional or lot standards for RC: Not found in retrieved materials (verify with base zone chapters).

Water Course Overlay (WC)

• Purpose and where it applies: The Water Course Overlay Zone adds rules on top of the base zone for properties adjacent to waterways and flood-prone corridors; its permitted uses table supersedes the underlying base zone where applied. See § 19.230.020.
• Typical permitted uses (decision-relevant examples from Table 19.230.020):
  • Accessory Structures — allowed as permitted/conditional as listed, subject to City Engineer approval. See Table 19.230.020 and § 19.230.020(A).
  • Agriculture (field & vine crops) — P (permitted) with restrictions.
  • Animal keeping (grazing) — P with conditions.
  • Flood control facilities — P (approval by Riverside County Flood Control required).
  • Mining and excavation — C (conditional).
• Key nonconforming rule in WC: Nonconforming uses may not be expanded, but may be modified/altered/repaired to incorporate flood-proofing measures provided those measures do not raise the design flood level. See § 19.230.030.

Residential Protection Overlay (examples in code: “Residential Protection Overlay Zone”)

• Where it applies: Overlay zones such as the Residential Protection Overlay are implemented over base zones; conflicts are resolved in favor of the overlay. See § 19.090.010(C) and § 19.040.050.
• Key nonconforming standard cited in the Residential Protection Overlay: A nonconforming structure may not be expanded or modified unless the change brings the structure into compliance with the Residential Protection Overlay Zone or returns the building to its original single-family floor plan (and then appropriate permits are required). See § 19.219.040.
• Typical permitted uses or dimensional standards for the overlay: Not found in retrieved materials (verify with the overlay chapter or map).

Quick reference table — most decision-relevant nonconforming rules

Practical guidance and interactions with other reviews/standards

• If your proposed work is a non-structural repair or in-kind maintenance, you will generally be allowed to proceed; but if the proposal increases floor area, height, footprint, or changes the use you should expect discretionary review under the Code — consult the Community & Economic Development Director per § 19.080.020.
• Expansions that trigger parking impacts must demonstrate they do not displace required on-site parking; see the expansion findings that require that expansions not displace on-site parking — link to Riverside parking for the local parking chapter and standards. (See § 19.080.070(B)(6)). Riverside Parking
• Alterations that change architectural character or site design will be reviewed for compatibility; anticipate coordination with design review where design compatibility is a finding (refer to the minor CUP/CUP findings) — see § 19.080.070(B)(4). Riverside Design Review
• If your property sits in an overlay (WC, Residential Protection Overlay, Specific Plan overlay), the overlay’s nonconforming rules or requirements govern where they conflict with base-zone provisions — see § 19.040.050 and § 19.230.020(A). Riverside Overlay Districts
• Residential nonconforming units that you intend to alter must also be reviewed against state ADU law in some cases and the Zoning Code’s residential provisions; where state ADU law limits local action, the City’s ADU practice interacts with nonconforming zoning rules — verify with staff. Not all ADU-specific limits are in the nonconforming chapter. Riverside ADUs
• Building permits for restoration are subject to the Building Official’s review and must comply with building code standards — the Zoning Code references the Building Official’s cost estimates for the 50% test and relies on building code compliance; consult the California Building Standards Code for structural/building standards. (See § 19.080.080(D)). California Building Standards Code

Checklist — what an applicant must satisfy when seeking to continue/modify a nonconformity

• Demonstrate legal establishment of the lot/use/structure (deeds, permits, dated evidence) as required by § 19.080.020.
• Confirm whether the use was discontinued and for how long (discontinuance ≥ 1 year is critical). See § 19.080.040.
• If proposing expansion, prepare a Minor Conditional Use Permit or CUP application with findings on compatibility, parking, and property investment protection as required by § 19.080.070.
• If restoration after damage, obtain cost estimates from the Building Official and the Community & Economic Development Director to apply the 50% test in § 19.080.080(D).
• If on an overlay (WC, Residential Protection Overlay), document compliance with the overlay’s nonconforming rules (e.g., flood-proofing limitations in § 19.230.030 or RPO restoration rules in § 19.219.040).
• If alcoholic beverage sales are involved, check § 19.080.100 for special loss/reestablishment rules.

Risks & Ambiguities

Plain-English Summary

If a house, lot, or business in Riverside was legal under an older zoning rule but no longer meets today’s rules, you usually can keep it — but you cannot make it more nonconforming. Small repairs are allowed; big rebuilds, enlargements, re-starting a use after a year of abandonment, or changes that affect parking, flood levels or overlays often require discretionary permits and director or Planning Commission review. Key rules are in § 19.080.010–§ 19.080.130.

Source References

• Riverside Zoning Code — Article III: Nonconforming Provisions (intent, general rules) § 19.080.010.
• Riverside Zoning Code — Establishment of nonconforming status and administrative procedures § 19.080.020.
• Riverside Zoning Code — Continuation, maintenance, loss of status, reestablishment rules § 19.080.030–§ 19.080.060.
• Riverside Zoning Code — Expansion, restoration, destruction thresholds, revocation and alcohol-specific rules § 19.080.070–§ 19.080.100.
• Riverside Zoning Code — DIVISION IV special rules for RA-5 and RC zones § 19.080.110–§ 19.080.130.
• Riverside Zoning Code — Water Course Overlay Zone permitted uses and nonconforming flood-proofing rule § 19.230.020 and § 19.230.030.
• Riverside Zoning Code — Residential Protection Overlay nonconforming structure rule § 19.219.040.
• Riverside Zoning Code — Relationship to General Plan, overlays and conflicts § 19.090.010, § 19.040.050.

Retrieved passages

• Riverside Zoning Code (Chapter 19.680) High relevance show source text
• Riverside Zoning Code (§ 1) High relevance show source text
• CBC § 1 (§ 1) High relevance show source text
• Riverside Zoning Code (article provides) High relevance show source text
• Riverside Zoning Code (Section 19.080.040.) High relevance show source text
• Riverside Zoning Code (§1) High relevance show source text
• Riverside Zoning Code (§ 1) High relevance show source text
• Riverside Zoning Code (§ 1) High relevance show source text

Cited sections

• Riverside Zoning Code — Article III: Nonconforming Provisions (intent, general rules) **§ 19.080.010**. (Article III)
• Riverside Zoning Code — Establishment of nonconforming status and administrative procedures **§ 19.080.020**. (§ 19.080.020)
• Riverside Zoning Code — Continuation, maintenance, loss of status, reestablishment rules **§ 19.080.030–§ 19.080.060**. (§ 19.080.030)
• Riverside Zoning Code — Expansion, restoration, destruction thresholds, revocation and alcohol-specific rules **§ 19.080.070–§ 19.080.100**. (§ 19.080.070)
• Riverside Zoning Code — DIVISION IV special rules for **RA-5** and **RC** zones **§ 19.080.110–§ 19.080.130**. (§ 19.080.110)
• Riverside Zoning Code — Water Course Overlay Zone permitted uses and nonconforming flood-proofing rule **§ 19.230.020** and **§ 19.230.030**. (§ 19.230.020)
• Riverside Zoning Code — Residential Protection Overlay nonconforming structure rule **§ 19.219.040**. (§ 19.219.040)
• Riverside Zoning Code — Relationship to General Plan, overlays and conflicts **§ 19.090.010**, **§ 19.040.050**. (§ 19.090.010)
• Riverside_ZoningCode.md
• 2025 California ADU handbook.md

• Official Riverside code library