Local zoning · Westlake Village

Westlake Village — Nonconforming Uses

Q: What happens if a nonconforming business in Westlake Village stops operating for a month?

If a nonconforming use ceases operation for 30 days or more it loses nonconforming status and the property must thereafter be used only for conforming uses; see § 9.22.030 A.2 .

Q: Does a change of ownership remove a nonconforming use in Westlake Village?

No — change of ownership, tenancy, or management does not affect legal nonconforming status (it survives transfer) — § 9.22.030 A.1 .

Q: Who decides disputed replacement‑cost valuations for reconstruction?

The Chief Building Official determines replacement cost for the 50% test; that determination may be appealed to the City Council under § 9.22.020 A.1 .

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

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Last reviewed: July 3, 2026

Overview

This page explains how Westlake Village treats nonconforming uses, nonconforming buildings/structures, and nonconforming lots under the City's zoning ordinance (Title 9 of the Municipal Code). It summarizes the rules that control continuation, repair, change, and termination of nonconformities (the City’s Nonconforming Buildings and Uses chapter) and shows how those rules interface with local district standards (for example RPD and CPD) and the City’s ADU rules. The primary controlling provisions are in § 9.22.010–.080 (Nonconforming Buildings and Uses) and the ADU and district chapters cited below.

How Westlake Village defines the problem (key definitions)

Nonconforming use — a use lawfully established before an ordinance change that is no longer allowed in the current zone. See § 9.22.030.
Nonconforming structure/building — a building lawful before the Code change that now violates present dimensional or placement rules. See § 9.22.020.
Nonconforming lot — a lot lawful when created but that no longer meets current area/dimension requirements; treated as buildable under the Article. See § 9.22.040.

(Definitions are collected in the code’s definitions article; see the "Nonconforming" entries.)

Core municipal rules (plain-English synthesis with the controlling §)

Continuation: A legal nonconforming use can continue so long as it does not cease operation for the statutory period: a lapse of 30 days causes loss of nonconforming status (the property must thereafter be used only for conforming uses) — § 9.22.030 A.2.
Change of ownership/tenancy: Transfer of ownership, tenancy, or management does not remove a nonconforming use — § 9.22.030 A.1.
Repairs and restoration of nonconforming buildings:
- If a nonconforming building is damaged to 50% or more of replacement cost, it may be rebuilt only if brought into full conformity with the Code; the Chief Building Official determines replacement cost and that determination may be appealed to City Council — § 9.22.020 A.1.
- Minor interior (non‑structural) repairs are allowed up to one‑half of current replacement cost over any five‑year period; limited structural work is allowed only for immediate public/occupant safety under prescribed cost caps — § 9.22.020 A.2–A.3.
Parking- or outdoor‑storage‑based nonconformities:
- A building that is nonconforming only because of parking may be used by any permitted use in the zone with equal or lesser parking demand, subject to zone limitations — § 9.22.020 A.5.
- Nonconformance limited to outdoor storage must be corrected within 90 days — § 9.22.020 A.6.
Termination schedule: Some nonconforming situations must be removed or altered within time limits from the effective date of the Article (examples: uses not within structures — 90 days; small‑value uses within structures with replacement value ≤ $1,500 — 90 days) — § 9.22.050.
Public utilities: Public utility buildings and facilities are excepted so long as there is no change of use or enlargement of area devoted to the use — § 9.22.060.
No expansion after elimination order: Once a nonconforming building or use is required to be eliminated, no subsequent building permit will be issued to continue, alter, or expand it — § 9.22.070.
Illegal nonconforming uses (never lawful) must be removed immediately upon Director notification — § 9.22.080.
Conversion to conforming use: A nonconforming use may be converted to a conforming use if it meets applicable permitting standards; once converted, the nonconforming use cannot be resumed — § 9.22.030 A.5.
Nonconforming lots are considered buildable for purposes of the Article (i.e., an existing small or oddly shaped lot is not automatically unbuildable) — § 9.22.040.

District-by-district breakdown (where nonconforming rules commonly interact with zone standards)

Note: the nonconforming rules in Chapter 9.22 apply city‑wide; the subsections below describe the district purpose and the key dimensional/land‑use standards you will commonly need to compare against when evaluating a nonconformity. Always verify parcel‑specific status with the Planning Director. Verify with the jurisdiction.

RPD (Residential Planned Development)

Purpose: The RPD zone is intended to accommodate a variety of residential neighborhood types while ensuring compatibility through site orientation, open space, and landscape standards — § 9.6.010.
Typical permitted uses: single‑family dwellings, multifamily dwellings, apartments, employee housing (permitted with a Planned Development permit) — § 9.6.020.
Key dimensional / development standards you will compare a nonconforming building to: open space and accessory use rules (common open space requirements and accessory dwelling unit rules referenced in the RPD chapter), fences/walls rules, and other standards in Chapter 9.14 (Development Standards) and the ADU rules (see § 9.6.110 and cross‑references).
Where it applies: residential planned developments across the City — see the RPD chapter for project‑level conditions.

CPD (Community/Commercial Planned Development) & Westlake North Planning Areas

Purpose: The CPD framework supplies permitted and conditional commercial uses and sets detailed development standards for the City’s commercial planning areas; the Westlake North Specific Plan breaks the area into Planning Areas A–F with tailored standards for each. (See Planning Area subsections.)
Typical permitted uses (example for Planning Areas C & E): general retail, personal and convenience services, medical services, consumer repair services, dining, professional/business services; additional conditional uses and CPD references are set in § 9.08.020 / 9.08.030 for the CPD zone (text cross‑referred from the Planning Area standards).
Key dimensional standards (Planning Area E example): maximum building coverage 35%, FAR 0.35, maximum height 35 ft (two stories), and specific minimum setbacks to streets (e.g., 30 ft building setback to Lindero Canyon Rd. and Thousand Oaks Blvd.) — see Planning Area E standards. Planning Area C and C have their own heights and GARMENTS (e.g., Planning Area C height 41 ft excluding towers) — see the respective Planning Area text.
Where it applies: the Westlake North Specific Plan / commercial nodes; when a nonconforming building or use is present here, the Planning Area development standards determine whether a structure or use is nonconforming.

Table: Typical decision‑relevant standards and where they are stated

Issue / Standard	What Westlake Village requires	Code Reference
When a nonconforming use is lost for lapse of operations	Nonconforming use that ceases 30 days or more loses status	§ 9.22.030 A.2
Repair/Reconstruction threshold for nonconforming building	Damage ≥ 50% of replacement cost → must rebuild to conform	§ 9.22.020 A.1
Outdoor storage nonconformance cure period	Must conform within 90 days	§ 9.22.020 A.6
Commercial Planning Area E—max height & FAR	Max height 35 ft, FAR 0.35, coverage 35%	Planning Area E standards (Westlake North)
Nonconforming lot treatment	Existing lawful but nonconforming lots are buildable	§ 9.22.040
ADU: denial due to nonconforming zoning conditions	ADU application shall not be denied due to correction of nonconforming zoning conditions unless health/safety affected — local ADU rules reference state law; ADU development standards and ministerial processes are in § 9.14.070 et seq.

How nonconforming rules interact with common review items

Parking: If the only nonconformity is parking, the building may be used by any use in the zone with the same or lesser parking requirement (subject to zone rules). See § 9.22.020 A.5 and compare with the City’s Westlake Village Parking standards.
Design review: Changes that alter design/character may trigger Westlake Village Design Review or Planned Development permit findings; nonconforming status alone does not preclude required design review. Verify against the zone’s permit procedures. Not found in retrieved materials for a specific “design‑review exemption” tied to nonconforming status — Verify with the jurisdiction.
Development standards & setbacks: When you repair or rebuild, the repairs/reconstruction rules in § 9.22.020 apply — if reconstruction exceeds thresholds (e.g., >50% replacement cost), the work must conform to current Westlake Village Development Standards and setbacks.
Overlays & special plans: Nonconforming treatment still applies where overlay rules or specific plan standards (for example the Westlake North Specific Plan) set unique setbacks, heights, or design controls — consult the Westlake Village Overlay Districts and the Planning Area text when evaluating a nonconformity.
ADUs: The City’s ADU chapter contains an explicit rule that ADU applications may not be denied for the mere presence of nonconforming zoning conditions or unpermitted structures that do not threaten health/safety — see local ADU rules referencing § 9.14.070 and the ADU height/setback standards (§ 9.14.070 subsections). Applicants should also consult the California Building Standards Code for building code compliance.

Checklist (what an applicant should assemble before a hearing or application)

Site history and proof of continuous operation (to show nonconforming use has not lapsed) — supports § 9.22.030 A.2.
Damage / replacement‑cost estimate (if proposing repairs or reconstruction) — used to test the 50% replacement cost threshold in § 9.22.020 A.1; obtain an OBI determination if needed.
Parking analysis showing the proposed use’s parking demand relative to zone requirements if the nonconformity involves parking (§ 9.22.020 A.5); link to Westlake Village Parking.
If adding conforming uses or structures to a lot occupied by a nonconforming use, prepare a variance or Planned Development permit application per the Commission rules (nonconforming lot/uses can be further developed with approval) — see § 9.22.030 A.3 and the Westlake Village Variances and Exceptions guidance.
If the site is in one of the Specific Plan Planning Areas, include a compliance table comparing the proposal to the applicable Planning Area standards (e.g., Planning Area E coverage/FAR/height/setbacks) — see Planning Area text (Planning Area E example) for exact numeric standards.
For ADUs, include a zoning clearance submittal per § 9.14.070 (ministerial review) and demonstrate whether the ADU is affected by any nonconforming zoning conditions; do not assume denial for unrelated nonconformities — see ADU rules.

Risks & Ambiguities

Issue	Why it matters	What to verify
Lapse period for nonconforming use (30 days)	Loss of status is automatic once the use ceases 30 days — you could lose legal use rights quickly	Confirm continuous operation evidence and whether any temporary shutdowns qualify as a cessation under § 9.22.030 A.2.
Damage valuation and appeals (50% threshold)	If rebuilding exceeds the 50% threshold you must bring the building into conformity (major cost implication)	Obtain Chief Building Official’s replacement‑cost determination and note appeal right to City Council under § 9.22.020 A.1.
Whether a nonconforming condition is “only due to lack of permit”	If so, securing the missing permit can cure nonconformity (less onerous)	Confirm whether the nonconforming status is expressly “only because of the absence of a City‑approved permit” — see § 9.22.030 A.4.
Interaction with ADU ministerial review	State ADU law and the City’s ADU provisions limit denial for nonconforming zoning conditions — conflicting expectations cause delays	For ADUs, follow § 9.14.070 ministerial process and confirm whether the nonconforming condition affects public health/safety; consult the ADU section for specific height/setback allowances.
Applicability of Planning Area standards	Specific Plan standards (e.g., Planning Area C/E) set different heights, FAR, and setbacks that determine conformity	Confirm which Planning Area the parcel is in and apply that Planning Area’s numbers (e.g., Planning Area E: 35 ft height, FAR 0.35, 35% coverage) — see Planning Area text.

Information Gaps (what the ordinance excerpts did not show / verify)

Full text of the CPD chapter (§ 9.08.020/9.08.030) listing every permitted and conditional commercial use was referenced but the retrieved materials did not include the full CPD list. Verify specific permitted/conditional uses directly in § 9.08.020/9.08.030. Not found in retrieved materials.
Any explicit administrative process or fee schedule for appeals of Chief Building Official replacement‑cost determinations beyond the statement that the decision may be appealed to City Council — the code notes the appeal right but doesn't include procedural detail in the retrieved excerpts. Verify with Planning/Building counter. § 9.22.020 A.1 mentions appeal.
Any local exceptions tying nonconforming enforcement to amortization periods beyond the specific timelines listed in § 9.22.050 (those listed are the required ones, but confirm whether the Director has discretion for other categories). Not found beyond § 9.22.050 in retrieved materials.

Plain-English Summary

If your house, business, or lot in Westlake Village was legally built or used before a zoning change, the City will usually allow that use or building to continue — but there are strict rules: stop operating for 30 days and you lose the nonconforming use; if a building is more than 50% destroyed you must rebuild to current rules; parking or outdoor‑storage shortcomings may have short cure windows; and conversions to conforming uses are allowed but once changed you can’t go back. For accessory dwelling units, the City’s ADU chapter provides ministerial review and says you cannot be denied an ADU just because unrelated nonconforming zoning issues exist (unless there’s a health or safety threat). See § 9.22.020–.050 and § 9.14.070.

Source References

Westlake Village Municipal Code, Chapter 9.22 — Nonconforming Buildings and Uses: § 9.22.010–9.22.080.
Westlake Village Municipal Code, Nonconforming Lots and Termination rules: § 9.22.040; § 9.22.050.
Westlake Village Municipal Code, Definitions (Nonconforming lot/structure/use): Definitions article (Nonconforming entries).
RPD Zone (Residential Planned Development) standards and permitted uses: § 9.6.010–9.6.020 (RPD chapter).
Westlake North Specific Plan — Planning Areas C & E (examples of district numeric standards: coverage, FAR, heights, setbacks).
ADU rules and ministerial processing (local ADU chapter, including that ADU permits shall not be denied due to nonconforming zoning conditions where state law applies): ADU provisions (see local ADU chapter text and § 9.14.070 references).
Westlake Village Parking and Off‑Street Parking cross‑references (see Chapter 9.19 cited in Planning Area standards).
2025 California ADU handbook (state guidance used in City ADU text and referenced standards).

Sources

Retrieved passages

Westlake Village Zoning Code (Section is) High relevance
Westlake Village Zoning Code (Article are) High relevance
Westlake Village Zoning Code (Article are) High relevance
Westlake Village Zoning Code (Article within) High relevance
Westlake Village Zoning Code (Section 9.21.020) High relevance
CBC § 66321 (§ 66321) High relevance
Westlake Village Zoning Code Medium relevance
Westlake Village Zoning Code (section pursuant) Medium relevance
CBC § 66314 (§ 66314) High relevance
Westlake Village Zoning Code (§ 66333) High relevance
Westlake Village Zoning Code (§ 66314) Medium relevance
CBC § 9.14.070 (Section 9.14.070) High relevance

Cited sections

Official Westlake Village code library

Frequently asked questions

What happens if a nonconforming business in Westlake Village stops operating for a month?

If a nonconforming use ceases operation for 30 days or more it loses nonconforming status and the property must thereafter be used only for conforming uses; see § 9.22.030 A.2.

Can I repair or remodel a nonconforming house after a fire without bringing it fully up to current zoning?

Minor interior and non‑structural repairs are allowed up to one‑half the building’s replacement cost over any five‑year period; but if damage is 50% or more of replacement cost the building may be restored only if made to conform to current code — see § 9.22.020 A.1–A.2.

Is an old undersized lot in Westlake Village buildable?

Yes. A lot lawful on the ordinance effective date that no longer meets current area or dimension standards is considered buildable under the Code — § 9.22.040.

If a building is nonconforming only because of parking, can a new tenant occupy it?

A building nonconforming due to parking may be occupied by any use permitted in the zone that has the same or lesser parking requirement, subject to zone limitations — § 9.22.020 A.5.

Does a change of ownership remove a nonconforming use in Westlake Village?

No — change of ownership, tenancy, or management does not affect legal nonconforming status (it survives transfer) — § 9.22.030 A.1.

How long does the City give to remove or alter certain nonconforming uses?

Some nonconforming uses must be discontinued or removed within fixed time limits (examples: non‑structural uses not within a building — 90 days; small‑value uses within structures with replacement value ≤ $1,500 — 90 days). See § 9.22.050 for the schedule.

Can the City require that an ADU application fix unrelated nonconforming zoning conditions before approving the ADU?

Under the City’s ADU rules (which implement state ADU law), ADU applications shall not be denied simply because of nonconforming zoning conditions or unpermitted structures that do not present a health/safety threat or are not affected by the ADU construction; see the local ADU provisions and § 9.14.070 references.

If a nonconforming sign is damaged, can I restore it?

Certain legal signs may be restored: if restoration cost does not exceed 50% of replacement value, restoration may be completed (with a ninety‑day deadline for damage repairs for signs), but different categories of signs have different time limits under § 9.22.050 (check the sign standards chapter for details).

Where do I look to compare a nonconforming building to current setback/height rules?

Compare the building against the applicable zone standards (for example RPD chapter standards or the Westlake North Planning Area standards such as Planning Area E with 35 ft height and 30 ft building setbacks) and Chapter 9.14 (Development Standards). See Planning Area text and development standards.

Who decides disputed replacement‑cost valuations for reconstruction?

The Chief Building Official determines replacement cost for the 50% test; that determination may be appealed to the City Council under § 9.22.020 A.1.

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