Local zoning · Whittier

Whittier — Nonconforming Uses

Q: What is a nonconforming use in Whittier and where is it defined?

A nonconforming use is a use that lawfully existed under the old rules but doesn't comply with current zoning; the municipal code defines nonconforming use , structure , and site in § 18.06.140 . Use that definition to classify your condition before applying the Chapter 18.62 rules ( § 18.06.140 ) .

Q: Do nonconforming signs follow the same rules?

No — nonconforming signs are regulated in the sign chapters (Division II: Chapters 18.68–18.78 ). Chapter 18.62 expressly defers sign regulation to those chapters ( § 18.62.020 ) .

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

Ask a question free See coverage

Last reviewed: July 3, 2026

Overview

This page summarizes how the City of Whittier treats nonconforming uses, nonconforming structures, and nonconforming sites under the local zoning code—primarily Chapter 18.62 of the Whittier Municipal Code. It explains definitions, what is allowed (maintenance vs. alteration), abatement (amortization) periods, reconstruction after damage, and the process to request extensions or appeals. For context on related rules you will likely need in practice, see the city's planning landing page and the specific Whittier zoning & planning overview and Whittier Zoning resources.

Key rules (Chapter 18.62 at-a-glance)

Definitions: "Nonconforming use", "nonconforming structure", and "nonconforming site" are defined in § 18.06.140 .
Purpose & scope: Nonconforming conditions are tolerated only temporarily and are regulated to be phased out where feasible; Chapter 18.62 sets the rules for continuation, repair, alteration, reconstruction, abatement, and appeals (§ 18.62.010, § 18.62.020) .
Continuation/maintenance: Existing nonconforming uses may continue subject to the chapter's limits; ordinary maintenance/repairs are allowed but not reconstruction that increases nonconformity (§ 18.62.030, § 18.62.040) .
Alteration/expansion prohibited: Any change that expands, relocates, or intensifies the nonconformity is prohibited except where the change brings the use/site/structure into full conformity or is legally required by other law (§ 18.62.050) .
Reconstruction after damage: Repair is allowed if it does not exceed 50% of replacement cost (tested at the time of damage or permit filing). Permits, development review and time limits apply; destroyed primary structures generally trigger abatement (i.e., the nonconforming condition ends) (§ 18.62.060) .
Abatement (amortization) periods: Chapter 18.62.070 establishes different amortization periods (see table below) and the rules that cause abatement (abandonment, destruction, change of use, expiration of the abatement period) .
Extension/appeal: Property owners can apply for an extension of an abatement order or reconstruction time; the codes set filing, findings, and one-time extension limits (§ 18.62.090–§ 18.62.140) .
Exemptions: Work already under building permit or structures essential to public utilities have carve-outs (§ 18.62.150) .
Related procedural requirements: reconstruction/repairs often require development review under Chapter 18.56 (see Whittier Design Review), and off-street parking rules may be enforced from Chapter 18.48 (see Whittier Parking and Whittier Development Standards) .

Decision‑relevant quick table

Issue / Standard	What the code says (plain label)	Code reference
Definition of nonconforming use/structure/site	Definitions for all three terms	§ 18.06.140
May continue / be maintained	Allowed subject to Chapter 18.62 limits	§ 18.62.030
Ordinary repair permitted	Maintenance ok; reconstruction/replacement limited	§ 18.62.040
Alteration / expansion	Prohibited if it expands/intensifies nonconformity	§ 18.62.050
Damaged structures (repair threshold)	Repair allowed if ≤ 50% of replacement cost	§ 18.62.060
Abatement — accessory nonstructural uses	1 year amortization	§ 18.62.070.A.4.a
Abatement — nonconforming use of a structure/site	20 years (except single-family residential within residential buildings)	§ 18.62.070.A.4.b
Abatement — nonconforming structures (R-zones used commercially)	5 years	§ 18.62.070.B.4
Abatement — nonconforming structures (commercial & manufacturing zones)	25 years	§ 18.62.070.B.5
Extension of abatement	One extension; up to 5 years max; findings required	§ 18.62.090–§ 18.62.130
Appeals / hearing procedures	Appeal timelines and hearing process set out	§ 18.62.140

How the rules apply district‑by‑district

Below are the Whittier zoning districts that matter for nonconforming‑use decisions. Where the local code has district-specific text, it is cited; otherwise I report what Chapter 18.62 requires for that category and point to the underlying district chapters for permitted uses and dimensional standards (so you can assess what the nonconforming condition actually is).

Note: Chapter 18.62 applies citywide to all zones and to specific plans unless a specific plan explicitly exempts itself (§ 18.62.020) .

R‑zones (e.g., R‑E, R‑1, R‑2, R‑3, R‑4, R‑5)

Purpose: residential density and housing standards are set in each R chapter (for example § 18.23.010 describes the purpose for R‑5) .
Typical permitted uses: dwelling units (single‑family, duplexes, multi‑family as allowed by zone chapter). See each zone chapter (example: § 18.23.020 for R‑5) .
Key dimensional standards: lot area, front/rear/side yard, height and open space requirements are set in the respective R chapter or in the development standards tables (see e.g. open‑space references in § 18.22.050) .
Where it matters for nonconformity: If a structure in an R‑zone is used commercially (i.e., a commercial use occupying an R‑zoned building), that nonconforming structure is amortized over five years from the ordinance effective date that made it nonconforming (§ 18.62.070.B.4) .
Practical: residential nonconforming uses (e.g., an extra unit) have special allowances for limited alterations but may trigger required parking upgrades if bedrooms or units increase (see § 18.62.050 and related parking chapter) . For design/review triggers, consult Whittier Design Review.

Commercial zones (C‑zones) — examples C‑O, C‑1, C‑2, C2‑HO, MU1/MU2/MU3 (mixed‑use)

Purpose: commercial and mixed uses with district‑specific development standards found in each chapter (see, e.g., mixed‑use and C‑2/Housing Overlay standards in the code) .
Typical permitted uses: retail, offices, services, restaurants, some residential where allowed by overlay/specific plan.
Key dimensional standards: vary by commercial district — some (like PQP) list FAR, maximum heights and specific setbacks in tables (see § 18.39.030 for PQP) .
Where it matters for nonconformity: nonconforming structures in commercial zones are subject to a 25‑year amortization period for abatement (§ 18.62.070.B.5) .
Practical: multi‑use sites where one use is nonconforming are allowed limited new uses/structures on the lot provided any new work complies fully with the title (§ 18.62.050.A.4) . Parking and site standards from Whittier Parking and Whittier Development Standards may be required to be brought up to code.

Manufacturing zones (M‑zones)

Purpose & permitted uses: industrial / manufacturing per the M zone chapter (refer to specific M chapter for allowed uses).
Nonconforming structure abatement: manufacturing zones are treated like commercial for amortization of nonconforming structures — 25 years (§ 18.62.070.B.5) .
Practical: where a site physically fails to meet modern site standards (landscaping, parking surfacing, screening), Chapter 18.62 requires abatement by altering the site to meet current standards to the greatest extent practicable (§ 18.62.070.C) .

Planned Development / Specific Plans / Overlays

Applicability: Chapter 18.62 applies to all zones and "shall be applicable to all specific plans unless otherwise specifically addressed or exempted by the resolution or ordinance adopting such specific plan" (§ 18.62.020) .
Practical: check the relevant specific plan or overlay chapter—some overlays may provide their own amortization or special rules (see Whittier Overlay Districts).

How the city treats common nonconforming scenarios (practical guidance)

Maintenance and routine repairs: allowed; do not enlarge the nonconforming element (§ 18.62.040) .
Converting a nonconforming use to a conforming use: allowed and ends the nonconforming status (§ 18.62.070.A.3.a) .
Changing from one nonconforming use to another nonconforming use: may be allowed only with Planning Commission approval and only if the new use is no more intensive and is compatible; the new use inherits the remainder of the original abatement period (§ 18.62.070.A.3.b) .
Damage/destruction: if the primary structure is destroyed, the nonconformity is considered abated and replacement must comply with current zoning and design standards; limited reconstruction of damaged structures is allowed only within the 50% rule and strict timelines (§ 18.62.060.C) .
Parking or minor site nonconformities: the zoning administrator may reduce required parking for a nonconforming site by up to 10% to help compliance in some cases (§ 18.62.070.C.6) .
Sign regulations: nonconforming signs are regulated in Division II (Chapters 18.68–18.78) and have separate amortization/variance processes — Chapter 18.62 defers to those sign chapters (§ 18.62.020) .

Checklist

Confirm whether the condition is a nonconforming use, nonconforming structure, or nonconforming site using § 18.06.140 .
Review the applicable abatement period that applies to your case (§ 18.62.070) .
If proposing repairs/reconstruction, calculate estimated repair cost and confirm whether repairs exceed 50% threshold under § 18.62.060; file for building permit and development review as required (§ 18.62.060) .
If seeking an extension of abatement or reconstruction time, prepare economic hardship evidence and file per § 18.62.100 with the findings in § 18.62.110 .
For proposed change of use (including to another nonconforming use), expect Planning Commission review and required findings under § 18.62.070.A.3.b .
Check overlay or specific plan chapters for any exemptions (Chapter 18.62 applies unless the specific plan explicitly says otherwise) (§ 18.62.020) .
Anticipate design review and parking compliance work under Chapters 18.56 and 18.48 as part of any reconstruction or alteration (see Whittier Design Review and Whittier Parking) .

Risks & Ambiguities

Issue	Why it matters	What to verify
Specific‑plan exemptions	A specific plan can override the citywide amortization approach	Verify the specific plan language for your parcel; Chapter 18.62 only defers where the specific plan says so (§ 18.62.020)
Reconstruction threshold timing	The 50% repair threshold is calculated at the time of damage or permit filing — missing deadlines can convert permissible repair into required full compliance	Confirm the city’s cost estimate and appeal rights under § 18.62.060 and § 18.62.160
Which abatement period applies	Uses, structures, accessory uses, and sites have different amortization terms (1, 5, 20, 25 years)	Confirm whether the nonconformity is a use, structure, or site per § 18.06.140, then check § 18.62.070 for the correct period
ADUs & state law interaction	State ADU law can limit local authority over nonconforming zoning conditions for ADU approvals	Whittier code does not lay out ADU‑specific amortization; verify with the city and consider state ADU provisions (see supplemental ADU materials) — local code silence: Not found in retrieved materials for ADU-specific nonconforming rules in Ch. 18.62.
Parking/site upgrades triggered by alteration	Adding bedrooms or units can force full parking compliance at alteration time	Confirm § 18.62.050 subsections on residential parking and Chapter 18.48 for parking calculations; reductions may be allowed up to 10% by zoning administrator in some cases (§ 18.62.070.C.6)
Signs	Nonconforming signs are controlled by separate sign chapters; inconsistent assumptions can lead to enforcement	Consult Chapters 18.68–18.78 (Division II) and note that Chapter 18.62 defers sign rules there (§ 18.62.020)

Plain‑English summary

Whittier allows legally existing nonconforming uses, structures, or sites to continue for a limited time while encouraging owners to bring properties into compliance. Ordinary maintenance is OK, but you generally cannot expand or intensify the nonconformity; damaged buildings have strict repair/reconstruction rules and amortization periods vary (from 1 year for accessory nonstructural uses up to 25 years for some commercial/manufacturing structures). The full rules are in Chapter 18.62 and the definitions are in § 18.06.140 — verify with the City for parcel‑specific outcomes (§ 18.62.010–§ 18.62.160) .

Source References

Whittier Municipal Code, § 18.62.010–§ 18.62.160 (Chapter 18.62 — Nonconforming Uses, Structures and Sites)
Whittier Municipal Code, § 18.62.070 (Abatement periods and rules)
Whittier Municipal Code, § 18.62.060 (Reconstruction / 50% repair rule)
Whittier Municipal Code, § 18.06.140 (Definitions — nonconforming site/structure/use)
Whittier Municipal Code, § 18.22.050 (Open‑space / development standard cross‑references for R zones)
Whittier Municipal Code, § 18.23.010–§ 18.23.020 (Example: R‑5 zone purpose and permitted uses)
Whittier Municipal Code, § 18.39.030 (PQP zone development standards table — example of commercial/mixed‑use standards)
Whittier Municipal Code, Chapter 18.56 (Development review / design review procedures)
Supplemental (state ADU guidance uploaded by user — for ADU/nonconforming interactions): ADU handbook (2025) — uploaded material (see disclaimer above)

Sources

Retrieved passages

Whittier Zoning Code (§ 9317) High relevance
Whittier Zoning Code (Chapter 18.56) High relevance
Whittier Zoning Code (§ 11) High relevance
Whittier Zoning Code (chapter for) High relevance
Whittier Zoning Code (§ 1) High relevance
Whittier Zoning Code (Chapter 18.48) High relevance
Whittier Zoning Code (Section 18.62.140) High relevance
Whittier Zoning Code (chapter shall) High relevance
Whittier Zoning Code (chapter and) Medium relevance
CBC § 66314 (§ 66314) Medium relevance
CBC § 66321 (§ 66321) Medium relevance
CBC § 202 (section 202) Medium relevance
Whittier Zoning Code (Section 18.10.020.I.) Medium relevance
Whittier Zoning Code (Chapter 18.56) Medium relevance
Whittier Zoning Code (section 66323.) Medium relevance
Whittier Zoning Code (Chapter 18.48.) Medium relevance

Cited sections

Official Whittier code library

Frequently asked questions

What is a nonconforming use in Whittier and where is it defined?

A nonconforming use is a use that lawfully existed under the old rules but doesn't comply with current zoning; the municipal code defines nonconforming use, structure, and site in § 18.06.140. Use that definition to classify your condition before applying the Chapter 18.62 rules (§ 18.06.140) .

Can I repair a damaged nonconforming building in Whittier?

Yes, but repairs are limited: if the cost to repair is less than or equal to 50% of replacement cost (measured at time of damage or permit filing), repair is permitted subject to building and zoning requirements and time limits for filing permits and development review per § 18.62.060 .

If my business became nonconforming, how long can it stay?

Amortization periods depend on the category: accessory nonstructural uses 1 year, nonconforming uses of structure/site generally 20 years, nonconforming commercial uses in R‑zones 5 years, and nonconforming structures in commercial/manufacturing zones 25 years — see § 18.62.070 for the full schedule and rules .

Can I expand or intensify a nonconforming use or building?

No. Any alteration that would expand, relocate, or intensify the nonconformity is prohibited unless the change brings the use/structure/site into full compliance or is legally required; see § 18.62.050 for permitted exceptions and limitations (including limited residential exceptions) .

If the primary building is destroyed, can I rebuild the nonconforming use?

If the primary structure is destroyed, the nonconforming status is generally considered abated and replacement development must comply with current zoning, design, and building rules; limited reconstruction for damaged (not destroyed) structures is allowed under the 50% rule and tight timelines (§ 18.62.060.C) .

Can I change from one nonconforming use to another nonconforming use?

Maybe — a change from one nonconforming use to another nonconforming use requires Planning Commission approval and findings that the proposed use is reasonably similar or less intensive; the successor use only lasts the remainder of the original abatement period (§ 18.62.070.A.3.b) .

What if I need more time to amortize a nonconforming use or structure?

You may apply for an extension of the abatement period; the hearing body may grant a single extension (no more than five years beyond the remaining period) only if the required hardship and public‑interest findings in § 18.62.110 can be made — follow the application procedures in § 18.62.100–§ 18.62.130 .

Do nonconforming signs follow the same rules?

No — nonconforming signs are regulated in the sign chapters (Division II: Chapters 18.68–18.78). Chapter 18.62 expressly defers sign regulation to those chapters (§ 18.62.020) .

Will adding bedrooms to a nonconforming residential structure force full parking compliance?

If an alteration results in additional bedrooms, the site must be brought into compliance with off‑street parking requirements at the time of alteration; see the residential subsections of § 18.62.050 and Chapter 18.48 for how parking is applied, but note there is limited discretion (e.g., the zoning administrator may reduce parking by up to 10% in narrow circumstances) (§ 18.62.050, § 18.62.070.C.6) .

Does state ADU law affect local nonconforming rules for accessory dwelling units?

State ADU law can constrain local authority to deny ADUs because of nonconforming zoning conditions in some situations. Whittier’s Chapter 18.62 does not set ADU‑specific amortization language in the excerpts retrieved here—verify with the city and consult state ADU rules as needed (supplemental ADU guidance was provided in uploaded materials) — local ADU‑nonconformance interaction: Not found in retrieved materials for a Whittier‑specific rule in Ch. 18.62. .

Ask about any Whittier property

Get a cited, plain-English answer on Whittier zoning, setbacks, FAR, ADUs and permits — for any address.

Start Free Trial