Legal Nonconforming Uses and Structures in the City of Reno

Lawfully established nonconformities in the City of Reno are permitted to continue indefinitely, even upon a change of ownership or tenancy, provided they are not enlarged or structurally altered to increase their nonconformity. If a nonconforming use is discontinued for one year or more, it is deemed abandoned and cannot be resumed without the approval of a new conditional use permit. In specific Urban and Employment districts, the City of Reno Administrator may administratively approve the expansion of an existing nonconforming use by up to 100 percent.

General Principles for Nonconformities

Under the City of Reno Annexation and Land Development Code, a "nonconformity" refers to any use, structure, lot, sign, or site feature that was lawfully established prior to the effective date of the current regulations but no longer complies with the present standards of the applicable zoning district [Section 18.01.401].

The City of Reno allows these situations to continue until they are removed or abandoned, but it does not encourage their survival. The burden of proving that a use or structure was lawfully established lies solely with the property owner [Section 18.01.402].

Rights and Maintenance

Authority to Continue: Nonconformities may be used and occupied subject to maintenance regulations unless terminated or abandoned [Section 18.01.402].
Maintenance and Repair: The City of Reno encourages the repair and maintenance of nonconforming structures, provided these actions do not increase the degree of nonconformity [Section 18.01.402].
Change of Ownership: A change in the management, tenancy, or ownership of a property does not affect its status as a legal nonconformity [Section 18.01.402].

Regulations for Nonconforming Uses

A nonconforming use occurs when the specific activity conducted on a property is no longer permitted by the current zoning.

Changes and Expansions

Any nonconforming use in the City of Reno may be changed to any use that is currently allowed in the underlying zoning district [Section 18.01.403]. However, the expansion of a nonconforming use generally requires a Conditional Use Permit (CUP) unless specific district exceptions apply.

Action Type	Requirement / Threshold	Section Cited
Change of Use	Allowed if the new use is permitted in the district	18.01.403(b)
General Expansion	Requires a Conditional Use Permit (CUP)	18.01.403(c)
Urban/Employment Expansion	Administrative approval allowed if expansion is $\le$ 100%	18.01.403(e)
Abandonment Period	Discontinued for 1 year or more	18.01.403(f)
Relocation (Gaming)	Max 10% increase in gaming square footage	18.01.403(c)(2)

Expansions in Specific Urban and Employment Districts

In the following City of Reno districts, the Administrator may approve the expansion of a legally established nonconforming use if the proposal expands the site, building, or business area by 100 percent or less:

Mixed-Use Downtown (MD-) Districts
Mixed-Use Midtown Commercial (MU-MC)
Mixed-Use Midtown Residential (MU-RES)
Mixed-Use Urban (MU)
Mixed-Use Suburban (MS)
Mixed-Use Airport (MA)

To approve such an expansion, the Administrator must find that the change will not damage the character of the neighborhood or hinder the future development of surrounding properties [Section 18.01.403(e)].

Abandonment

If a nonconforming use in the City of Reno is abandoned or discontinued for a period of one year or more, it may only be resumed with a new conditional use permit reviewed by the Planning Commission [Section 18.01.403(f)].

Nonconforming Structures

A nonconforming structure is a building that was legal when built but now violates dimensional standards such as setbacks or height limits.

Expansion and Restoration

A nonconforming structure may be expanded if the expansion itself fully complies with the City of Reno land development standards. If the expansion would increase the level of nonconformity, a Conditional Use Permit is required [Section 18.01.404].

If a nonconforming structure is damaged or destroyed by a natural calamity, the City of Reno allows it to be reconstructed to its pre-existing configuration. However, the owner must apply for a building permit within 18 months of the date of damage [Section 18.01.404(b)].

Nonconforming Lots and Site Improvements

Nonconforming Lots: A lot that does not meet current size or width requirements may still be used for the construction of a building allowed in the district, provided all other standards (like setbacks) are met. Such lots cannot be subdivided in a way that increases their nonconforming characteristics [Section 18.01.406].
Nonconforming Site Improvements: When site features like parking or landscaping are altered, the current City of Reno code requirements only apply to the newly proposed alterations, not the existing nonconforming elements [Section 18.01.405].
Routine Maintenance: Restriping a parking lot is considered routine maintenance and does not trigger compliance with new codes as long as the number of spaces is not modified by more than 10 percent [Section 18.01.405].

Nonconforming Signs

The City of Reno requires that nonconforming signs be maintained in good working condition. If a sign is declared a hazard, it must be removed or repaired within 10 days of notice. Any nonconforming sign requiring repairs exceeding 50 percent of its replacement value must be removed or brought into full compliance with the current City of Reno Sign Code [Sections 18.05.116 and 18.05.117].

Sections Cited

Section 18.01.401 Purpose (Nonconformities)
Section 18.01.402 Regulations Applicable to All Nonconformities
Section 18.01.403 Nonconforming Uses
Section 18.01.404 Nonconforming Structures
Section 18.01.405 Nonconforming Site Improvements
Section 18.01.406 Nonconforming lots
Section 18.05.115 Nonconforming On-Premises Signs
Section 18.05.116 Right to Maintain and Continue the Use of a Nonconforming On-Premises Sign
Section 18.05.117 Termination of Right to Nonconforming On-Premises Sign