Local zoning · Upland

Upland — Nonconforming Uses

Q: What happens if I repair more than 25% of my building in Upland?

If repairs/replacements exceed 25% of the building/structure's appraised valuation, the maintenance exception no longer applies and the work may be treated as a substantial alteration — triggering conformity obligations. See § 17.31.090 for the 25% maintenance threshold and the appraisal reference.

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

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Last reviewed: July 2, 2026

Overview

This page explains how the City of Upland treats nonconforming uses, nonconforming structures, and nonconforming lots under the Upland Zoning Ordinance (Title 17). It pulls the operative rules for maintenance, repair, alteration, amortization/abatement, and a few special allowances (notably for accessory dwelling units). All requirements below are drawn from the Upland code; where the code is silent or a table is missing from the provided materials, that absence is stated. See the City's zoning overview for context at Upland Zoning.

Core rules (what the code actually says)

Definitions: A Nonconforming Use, Nonconforming Structure, and Nonconforming Lot are defined in the ordinance (Part 7, Definitions). A nonconforming use/structure/lot is one lawfully established under earlier rules but no longer compliant because of a change in the zoning code or annexation.
Maintenance and Repair: A legally non‑conforming building or structure may be maintained and repaired so long as such work does not exceed 25% of the building/structure/sign's appraised valuation as calculated under the code; see the valuation trigger reference in the maintenance rule. § 17.31.090.
Nonconforming Signs: A sign that was legal when erected but does not meet Chapter 17.15 (Signs) is a legal nonconforming sign and is permitted until specific events occur (change of use, discontinued use > 60 days, structural alteration or damage over 50% of value, or building changes) that require removal or modification to conform. § 17.31.110.
Nonconforming Lots: A use, building, or structure may be established on a nonconforming lot if it complies with the zone regulations and development requirements and all applicable building/housing codes. § 17.31.120.
Adding Dwelling Units in Nonconforming Buildings: The number of dwelling units in a nonconforming building can be increased up to the district maximum provided (A) the building is in a residential zone, (B) unit additions are interior-only (no exterior dimension changes), and (C) all zone and building/housing codes are complied with. § 17.31.130.
Abatement/Amortization: The City may require a nonconforming use or structure to be discontinued, removed, or altered on a schedule (amortization period) computed from the effective date of the title. The ordinance references a Table 17.31‑1 for permitted amortization periods; the code mandates owner notice at least five years before removal/alteration is required (or at least one year when five years is not available). § 17.31.140 and § 17.31.150.
ADU/JADU treatment: The City will not deny an ADU/JADU permit solely because of a nonconforming zoning condition, building code violation, or unpermitted structure that (1) does not threaten public health/safety and (2) is not affected by the ADU/JADU construction. Nonconforming ADUs that do not meet objective ADU standards may be allowed with a conditional use permit. § 17.37.080 and § 17.37.090.
Expansion standard for nonconforming uses: Limited expansions or alterations of nonconforming uses may be allowed if the expansion is incidental, consistent with the General Plan, benefits the public, and complies with other development and building standards. (See the four-part criteria in the ordinance.)

Note on building-code interactions: Upland's zoning rules reference compliance with applicable building and housing codes when establishing or altering uses or when admitting ADUs; refer separately to the California Building Standards Code for those construction standards. (Link to the state building code appears at first natural mention below.)

District-by-district breakdown (how nonconforming rules intersect with common Upland districts)

This section summarizes the zoning districts and the pieces of the nonconforming rules that most often matter in each district. Where the district's permitted uses and dimensional standards are stated below, they are taken from Table 17.04‑1 and Table 17.04‑2/3 in Title 17. If you need the full permitted‑uses matrix or the detailed setback table, consult those tables directly.

RS-20, RS-15, RS-10, RS-7.5, RS-4 (single‑family residential zones)

Purpose: Preserve single‑family neighborhoods and control density. (Title 17, Table 17.04‑1 and 17.04‑2).
Typical permitted uses: Single‑family dwellings, accessory structures, accessory dwelling units (ADUs are permitted in these RS zones per Chapter 17.37) and limited home occupations. § 17.37 and Table 17.04‑1.
Key dimensional standards (representative): minimum parcel area and lot coverage — RS‑20: 20,000 sq ft / 35% coverage; RS‑15: 15,000 sq ft / 35%; RS‑10: 10,000 sq ft / 40%; RS‑7.5: 7,500 sq ft / 45%; RS‑4: 4,000 sq ft / 50%. Front/side/rear setbacks differ by zone (front setbacks: RS‑20 40 ft, RS‑15 30 ft, RS‑10 25 ft, RS‑7.5 25 ft, RS‑4 20 ft). See Table 17.04‑2 and Table 17.04‑3.
Where nonconforming matters: Repairs/maintenance cap (25% valuation) and amortization rules apply; ADU legalization provisions specifically limit the City's ability to deny ADU permits because of unrelated nonconforming conditions. § 17.31.090, § 17.31.140–150, § 17.37.080.

RM-10, RM-20, RM-30, RM-40 (multi‑family residential)

Purpose: Allow multi‑family housing at graduated densities. Table 17.04‑2 lists minimums and maximum densities for the RM series.
Typical permitted uses: Multi‑family dwellings, condominiums, some community uses; conditional uses for large supportive housing, skilled nursing, and other community facilities. See Table 17.04‑1.
Key dimensional standards: setbacks and heights vary but primary structure height commonly capped at 40 ft (or more in RM‑40); front/side/rear setbacks shown in Table 17.04‑3.
Where nonconforming matters: The same maintenance, amortization, and repair caps apply; interior reconfiguration to add units may be allowed without changing exterior dimensions (see § 17.31.130).

Commercial / Mixed‑Use / Industrial districts — NC, HC, RC, C/R‑MU, B/R‑MU, C/O‑MU, CI/MU

Purpose: Varying commercial intensity and employment uses; many mixed‑use districts encourage retail/office/residential mixes. See Table 17.04‑1 for specific permitted uses by district.
Typical permitted uses: Retail, restaurants, offices, limited light industrial in some zones; certain uses require a conditional use permit (CUP) — e.g., smoke shops in C/R‑MU, B/R‑MU, C/O‑MU, CI/MU, NC, HC, and RC require CUP. § 17.42.5.030.
Where nonconforming matters: Nonconforming signs rules are especially consequential in commercial zones; change-of-use or building changes on a commercial site often trigger sign conformance under § 17.31.110. Amortization/abatement rules still apply.

Notes on where these district standards appear in the code: see Table 17.04‑1 for permitted uses and Table 17.04‑2 / Table 17.04‑3 for parcel sizes, lot coverage, setbacks and heights.

Quick reference table — decision‑relevant nonconforming standards

Topic	Rule / Limit	Code Reference
Maintenance/Minor repair cap	Repairs or replacements may not exceed 25% of appraised valuation (maintenance threshold)	§ 17.31.090
Nonconforming signs — triggers for removal	Remove/modify when change of use, discontinued use > 60 days, structural repair > 50% of value, or building changes	§ 17.31.110
Nonconforming lots	Permitted uses/buildings may be established on nonconforming lots if zone & development rules plus building codes are met	§ 17.31.120
Add units in existing nonconforming buildings	Units may be added up to district density if additions are interior-only (no exterior dimension changes)	§ 17.31.130
Abatement / amortization	City may require removal/alteration on a schedule; amortization period computed from effective date; owner notice rules (5 years preferred; 1 year minimum)	§ 17.31.140 and § 17.31.150
ADU/JADU permits & nonconforming conditions	City will not deny an ADU/JADU solely because of an unrelated nonconforming zoning condition or unpermitted structure that doesn't threaten safety or is unaffected by the ADU	§ 17.37.080 and § 17.37.090
Setbacks & Heights — residential (examples)	Front setbacks: RS‑20 40 ft, RS‑15 30 ft, RS‑10 25 ft, RS‑7.5 25 ft, RS‑4 20 ft; Primary structure height generally 35 ft in RS zones	Table 17.04‑3 (Setback & Height) (see) § 17.04.030

Practical guidance (plain-English interpretation, for staff and applicants)

If your building or use became nonconforming only because the city changed the rules, it remains legal but is subject to limits. You may keep it, repair it, or perform interior conversions, but major repairs that exceed the 25% valuation threshold or changes that fit the amortization schedule can trigger required upgrades or removal. § 17.31.090; § 17.31.140–150.
For signs: swapping businesses or changing ownership does not alone force sign removal — but a change of use, a discontinuation > 60 days, building alterations, or a structural repair > 50% of value will require sign conformance. § 17.31.110.
If you want to create an ADU, the City cannot use an unrelated nonconforming zoning condition as the basis to deny your ADU unless that condition threatens health/safety or is affected by the ADU work. That creates a practical pathway to legalize some uses/units even where the lot or structure has earlier nonconforming characteristics. § 17.37.080.
When a property is in a protected overlay (for example, the Scenic Corridor Overlay), setbacks or other overlay standards may impose additional constraints that interact with nonconforming determinations — always check overlays early in project planning. See the city's guidance on overlay districts and design review.
Early step checklist items: confirm legal nonconforming status (evidence of lawful establishment), calculate appraised valuation to check the 25% limit (verify with Building Department), and determine whether the proposed change is interior-only (for adding units) or triggers the sign/change-of-use rules. § 17.31.090, § 17.31.110, § 17.31.130.

(First natural mention links: "parking", "setbacks/development standards", "design review", "overlay districts", "ADUs", "California Building Standards Code", and "Upland Zoning" are linked below to the City's menu pages for related guidance.)

If your proposal affects parking, consult the Upland parking rules. (/us/california/upland/parking)
If your proposal involves setbacks or other numeric development rules, consult Upland Development Standards. (/us/california/upland/development-standards)
If the property is in an overlay or may require aesthetic review, consult Upland Design Review. (/us/california/upland/design-review)
For overlay constraints specifically, check Upland Overlay Districts. (/us/california/upland/overlay-districts)
ADU legalization or permitting questions that intersect with nonconforming status should be checked at Upland ADUs. (/us/california/upland/adu)
Construction must comply with the California Building Standards Code; consult that resource for building-safety requirements. (/us/california/building-codes)
For an overview of which district applies where, consult Upland Zoning. (/us/california/upland/zoning)

Checklist (what an applicant should produce for staff review)

Proof of lawful establishment (historical permits, business license, tax records, aerial photos). Verify legal nonconforming status per the code definitions.
Project description showing whether proposed work is (a) maintenance/repair, (b) interior-only unit conversion, or (c) alteration/expansion — cite how that fits § 17.31.090, § 17.31.130.
Appraised valuation documentation (for the 25% maintenance cap and the 50% sign-repair test). § 17.31.090; § 17.31.110.
If applying for an ADU or JADU, show whether any nonconforming condition is affected by the ADU (per § 17.37.080).
Confirmation that the proposal complies with current zone development standards (setbacks, lot coverage, height) from Table 17.04‑2/3, or request discretionary relief if needed.
For commercial sites: sign plans demonstrating conformance or sign removal if a trigger event occurs under § 17.31.110.

Risks & Ambiguities

Issue	Why it matters	What to verify
Amortization details (Table 17.31‑1 not present in retrieved files)	The amortization schedule controls when a nonconforming use/structure must be removed or altered; missing table leaves timing unclear	Table 17.31‑1 content not found in retrieved materials — verify the amortization periods with Planning (see § 17.31.150).
Valuation method for 25% maintenance cap	25% test depends on appraised valuation method and the referenced appraisal section	Verify valuation calculation referenced in § 17.31.090 (it cites Section 17.31.060(B) for appraisal method) — check Section 17.31.060(B) with Planning/Building.
What counts as “change of use” (triggers sign rules)	A change‑of‑use trigger can force immediate sign conformance and delays	Confirm whether your site’s change is a “change of use” under § 17.31.110 and whether exceptions apply.
ADU legalizations vs. building-code violations	State ADU rules limit denial for zoning nonconformance, but building-code / H&S issues can still justify denial	For ADU permit reviews, verify whether any nonconforming or unpermitted condition “presents a threat to public health and safety” per § 17.37.080.
Parcel- or project-specific determinations	Many nonconforming outcomes are factual and discretionary (valuation, whether repairs are “incidental”)	Verify with the Development Services Director or Building Official; appeals routes exist. Verify with the jurisdiction.

Plain‑English summary

If your property or sign in Upland stopped meeting today's zoning rules because the rules changed, you generally may keep and maintain it — but major repairs, expansions, or certain triggers (like a long abandonment or a change of use) can force you to modify or remove the nonconforming element on the schedule the code permits; ADUs get special treatment and cannot be denied solely because of unrelated nonconforming conditions that don’t affect safety. § 17.31.090, § 17.31.110, § 17.31.120, § 17.31.140–150, § 17.37.080.

Source References

Upland Zoning Ordinance, Title 17 — Title and purpose (Title 17 enactment and applicability).
§ 17.31.090. Maintenance (25% cap).
§ 17.31.100. Non‑Conforming Cultural Resources.
§ 17.31.110. Non‑Conforming Signs (60‑day rule; 50% repair value trigger).
§ 17.31.120. Non‑Conforming Lots.
§ 17.31.130. Adding Dwelling Units within an Existing Building.
§ 17.31.140. Abatement (discontinuance/removal authority).
§ 17.31.150. Amortization Period (Table 17.31‑1 referenced).
§ 17.37.080 and § 17.37.090. ADU/JADU treatment of nonconforming zoning conditions.
Table 17.04‑1 (Permitted land uses in residential zones) and related permitted‑use matrices.
Table 17.04‑2 and Table 17.04‑3 (Parcel size, lot coverage, setbacks and height examples for RS‑20 through RM‑40).

If you want the ordinance PDFs or the missing Table 17.31‑1 text located and pasted here, tell me and I will fetch those sections specifically from the files you uploaded or request the City to confirm the amortization chart. Verify parcel- or project-specific outcomes with the Development Services Director.

Sources

Retrieved passages

Upland Zoning Code (§ 17.31.120.) High relevance
CBC § 17.37.080 (§ 17.37.080.) High relevance
Upland Zoning Code (title and) High relevance
Upland Zoning Code High relevance
Upland Zoning Code Medium relevance
CFC § 4 (§ 4) Medium relevance
CFC § 150 (Title 17) Medium relevance
Upland Zoning Code (§ 3) Medium relevance
Upland Zoning Code (§ 2) Medium relevance
Upland Zoning Code (§ 2) Medium relevance
Upland Zoning Code (§ 3) Medium relevance
Upland Zoning Code Medium relevance
Upland Zoning Code (§ 3) Medium relevance
Upland Zoning Code Medium relevance
Upland Zoning Code (Title 6) Medium relevance
Upland Zoning Code (Section 6409) Medium relevance

Cited sections

Official Upland code library

Frequently asked questions

What happens if I repair more than 25% of my building in Upland?

If repairs/replacements exceed 25% of the building/structure's appraised valuation, the maintenance exception no longer applies and the work may be treated as a substantial alteration — triggering conformity obligations. See § 17.31.090 for the 25% maintenance threshold and the appraisal reference.

Can a nonconforming lot host a permitted use or building in Upland?

Yes. A use or structure may be established on a legally created nonconforming lot provided the use/structure complies with the zone regulations, this chapter's development requirements, and applicable building/housing codes. See § 17.31.120.

Will Upland force removal of a nonconforming sign if the business changes owners?

Not automatically. A sign becomes subject to removal or required modification when the site experiences a change of use, when the use is discontinued for more than 60 days, when the sign is structurally altered or repaired above 50% of value, or when the building is changed. Simply changing ownership without a change of use is not listed as a trigger. § 17.31.110.

Can I add an ADU to a lot that has a nonconforming zoning condition?

Generally yes — the City may not deny an ADU or JADU application because of an unrelated nonconforming zoning condition, an unrelated building‑code violation, or an unrelated unpermitted structure unless it presents a threat to public health or safety or is affected by the ADU construction. See § 17.37.080.

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

For most nonconforming structures, reconstruction or repair is allowed if it does not exceed the maintenance/repair thresholds. For non‑conforming cultural resources, reconstruction to the legally permitted pre‑existing condition is allowed regardless of damage extent subject to Director approval. See § 17.31.090 and § 17.31.100.

How long does the City give me to remove a nonconforming use?

The City computes an amortization period from the effective date of the title and references a permitting amortization table (Table 17.31‑1); owners must be given at least five years' notice (or, if five years cannot be provided, at least one year). Check § 17.31.150 and consult the amortization table for the specific category. (Table content not found in retrieved materials — verify with Planning.)

Where are the setback and height numbers I must meet if I try to legalize or change my nonconforming structure?

Setbacks and heights are in Table 17.04‑3 (Setback and Height Standards) and parcel/density rules in Table 17.04‑2. Examples: front setbacks RS‑20 40 ft, RS‑15 30 ft, RS‑10 25 ft, RS‑7.5 25 ft, RS‑4 20 ft; primary structure height commonly 35 ft in single‑family zones. § 17.04.030 and Table 17.04‑3.

If my proposed work changes the building exterior, does that trigger removal of nonconforming signs on site?

Yes. A change to the buildings/structures on the site (including expansions, new construction, or demolition) is one of the listed triggers that require nonconforming signs to be removed or modified to conform. § 17.31.110.

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