Local zoning · Alhambra

Alhambra — Nonconforming Uses

Q: If my building is damaged by fire, can I rebuild without losing the nonconforming status?

If damage/repair cost is ≤ 50% of replacement value (Chief Building Official determination), the structure may be restored and the nonconforming use resumed provided a building permit is issued within two years and the restoration does not increase the nonconformity. If damage > 50% , reconstruction must meet current district standards except limited residential exceptions described in § 23.19.050(C) .

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

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Last reviewed: July 3, 2026

Overview

This page summarizes how the City of Alhambra treats nonconforming uses, nonconforming structures, and nonconforming lots under the Alhambra Zoning Code (Title 23). It draws directly from the Zoning Code's Chapter on nonconformities and the zoning district and development‑standards tables that govern where nonconforming conditions arise. Key citations to the controlling code sections are provided so applicants and analysts can verify details with the ordinance text.

What the ordinance says (chapter-level summary)

Purpose: Chapter 23.19 is intended to allow lawful pre-existing uses, structures, and lots to continue in a way that does not conflict with the General Plan or endanger public health and safety. § 23.19.010 (purpose) explains this intent.
Applicability: The chapter applies to properties that became nonconforming either when Title 23 took effect or through later amendments to the text or map. See § 23.19.020.
General rule (continuation): A nonconforming use or structure that was lawfully established may be continued, and the right to continue attaches to the land (not the owner), except where the use/structure creates a public nuisance or has been abandoned. See § 23.19.030.
Nonconforming lots: Legally created substandard lots can be used as building sites, but they must meet the same development standards as a standard lot in the same zone; and they cannot be further reduced in size. See § 23.19.040.
Nonconforming structures:
- Routine maintenance and repairs are allowed. § 23.19.050(A).
- Additions are allowed only if they do not increase the discrepancy with current code and the resulting use is conforming or otherwise permitted; special rule for residential setback enlargements (first-floor only, encroachment < 50% of required setback). § 23.19.050(B)(1).
- Damaged buildings: if repair cost ≤ 50% of replacement value (determined by Chief Building Official) the structure may be rebuilt and nonconforming use resumed (permit within two years). If > 50%, rebuilding must conform to current standards with exceptions for residential structures described in the section. § 23.19.050(C).
Nonconforming uses:
- Expansion is restricted. Residential nonconforming uses may expand inside an existing structure without increasing the number of dwelling units; the area expanded must not have been used for a conforming use within the prior 12 months. Non‑residential nonconforming uses may expand only with a Conditional Use Permit and findings by the Planning Commission (must remain enclosed, not detrimental, and not impede General Plan/specific plan implementation). § 23.19.060.
Changes in ownership/tenancy: Permitted where the new use is the same use classification; otherwise restrictions apply. § 23.19.060(B).
Signs: Nonconforming signs are governed specifically by Chapter 23.21 (nonconforming signs have special rules and possible amortization). See Chapter cross‑reference in the nonconforming chapter. § 23.19.050(D) and Chapter 23.21 for signs.

District-by-district breakdown (where nonconforming rules are applied)

The nonconforming rules in Chapter 23.19 apply citywide and are invoked in every base zone listed in Table 23.03.010. Below are the major base zones in Alhambra, each with purpose, typical permitted uses, and the most decision‑relevant dimensional standards where the code provides them. (If a numeric standard could not be found in the retrieved files for that district, the entry states "Not found in retrieved materials" — verify with the City for parcel‑specific figures.)

Note: the Zoning Code's official list of base districts includes RL, RM, RH, CBD, EMC, CMU, AC, PO, I, PF, and OS. See Table 23.03.010.

RL (Residential Low Density)

Purpose: provide low‑density neighborhoods up to 5 dwelling units per acre. § 23.04.010 (residential purposes).
Typical permitted uses: detached single‑family dwellings and compatible accessory uses (see Table 23.04.020).
Key dimensional standards: Not found in retrieved materials for specific numeric setbacks or lot sizes in the excerpted files; verify with Table 23.04.030 or the official zoning map. Verify with the jurisdiction.
Where it applies: city parcels mapped as RL (Table 23.03.010).

RM (Residential Medium Density)

Purpose: up to 18 dwelling units per acre, allows duplexes, triplexes and similar medium density housing. § 23.04.010.
Typical permitted uses: multi‑unit residential types and compatible services (Table 23.04.020).
Key dimensional standards: Not found in retrieved materials (see verification note above). Verify with the jurisdiction.

RH (Residential High Density)

Purpose: densities up to 24, 43, or 64 units per acre depending on location and lot size. § 23.04.010.
Typical permitted uses: townhomes, garden‑style apartments, multi‑unit developments.
Key dimensional standards: Not found in retrieved materials; consult Table 23.04.030 and the official Zoning Map. Verify with the jurisdiction.

CBD (Central Business District)

Purpose & uses: downtown commercial core; highest commercial FAR and height allowances. See Table 23.05.030 (Commercial & Mixed‑Use development standards).
Key dimensional standards (from Table 23.05.030): Maximum FAR 3.0, Maximum height 75 ft, Maximum stories 5, Front setback 0 ft (build‑to); interior side/rear setbacks may be 0 or 10 ft when adjacent to residential.
Where it applies: parcels zoned CBD on the official Zoning Map.

CMU (Commercial Mixed‑Use) and EMC (East Main Commercial)

Purpose: mixed commercial/residential development in commercial corridors. See Table 23.05.030.
Key dimensional standards (Table 23.05.030 / related): CMU typical FAR 2.0, height 40 ft within 50 ft of a residential district, otherwise 75 ft, minimum front setback 0 ft (build‑to). EMC has similar build‑to requirements and lower story caps in some cases. (See Table 23.05.030.)

AC (Automotive Commercial)

Purpose: automobile‑oriented commercial uses; see Table 23.05.030. Front setbacks often 0 ft with special limits adjacent to residential. § 23.05.030.

PO (Professional Office) and I (Industrial)

Purpose & uses: office, medical, light industrial activities; development standards summarized in Table 23.06.030. Front setbacks: PO 20 ft; I 10 ft; heights vary with residential adjacency. § 23.06.030.

PF (Public Facilities) and OS (Open Space)

Purpose: PF for government, institutional and educational uses; OS for parks/open space. See Table 23.07.020 and Table 23.07.030 for uses and development standards. PF front setback 20 ft; OS front setback 20 ft; PF FAR 1.5; OS FAR 0.2; PF max height 40 ft within 50 ft of residential (55 otherwise). § 23.07.030.

Notes on district applicability: CHAPTER 23.03 establishes the base zones and confirms that the official Zoning Map sets boundaries; when a parcel contains multiple zones the applicable regulations for each district apply. § 23.03.010–.020.

Quick-reference table: Nonconforming rules most relevant to decisions

Issue	Rule summary	Code Reference
Definition (what is nonconforming)	Lawfully established use, structure, or lot existing on the effective date but not meeting current Title 23 standards	§ 23.19.030(A)
Right to continue	May continue unless altered, enlarged, intensified, abandoned or a public nuisance; right attaches to the land	§ 23.19.030(B)
Nonconforming lots	Legally recorded substandard lots may be built on but must meet district development standards; may not be reduced in size	§ 23.19.040
Nonconforming structures — repairs	Maintenance and repairs allowed; additions limited so discrepancy with code does not increase	§ 23.19.050(A)–(B)
Repair after damage	≤50% replacement value: may restore and resume use (building permit within 2 years). >50%: must rebuild to current standards except limited residential exception	§ 23.19.050(C)
Expansion of nonresidential nonconforming use	Allowed only with Conditional Use Permit and findings by Planning Commission	§ 23.19.060(A)(2)
Change of tenancy/owner	Allowed so long as new use is same use classification	§ 23.19.060(B)

Checklist — what an applicant must satisfy when dealing with a nonconforming condition

Confirm the use/structure/lot was lawfully established before the effective date of the current Title 23 (provide permits, deeds, or other proof). § 23.19.030(A).
Determine whether the condition was abandoned or has been a public nuisance (if so, continuation rights may be lost). § 23.19.030(B)(2)–(3).
For proposed repairs or additions: demonstrate that the work will not increase the discrepancy with current standards; follow the residential setback enlargement rule if applicable. § 23.19.050(A)–(B)(1).
If the nonconforming use is non‑residential and expansion is proposed, file for a Conditional Use Permit and meet the Planning Commission findings. § 23.19.060(A)(2).
If structure was damaged, obtain the Chief Building Official’s replacement‑value determination and comply with the 50% test and the building permit timeline. § 23.19.050(C).
Check district development standards and special district rules (setbacks, FAR, height) for your base zone and any overlays. See Tables 23.03.010, 23.05.030, 23.06.030, 23.07.030.

While preparing materials, you will commonly need to cross‑check with:

parking requirements (Chapter 23.20) when calculating off‑street spaces for a resumed nonconforming use; see the city's parking rules. Alhambra Parking
design and project review processes when modifications are discretionary; see Alhambra Design Review and administrative review rules (Ch. 23.32).

Risks & Ambiguities

Issue	Why it matters	What to verify
Abandonment (what counts as abandonment)	If the use is found abandoned, rights to continue are lost — decisions can be retroactive and costly	Check § 23.19.030(B)(3) and the missing full abandonment standard text in § 23.19.070 (Verify with the city).
Repair vs. rebuild (>50% test)	The 50% replacement‑value threshold triggers whether you must rebuild to current standards, which can eliminate the nonconforming status	Confirm replacement value determination procedures and the two‑year building‑permit window in § 23.19.050(C).
Residential setback enlargement rule	Limited enlargement allowed only on first floor and only if the encroachment into the setback is less than 50% of the required setback — ambiguous when measuring complex additions	Use § 23.19.050(B)(1); measure carefully and get Building Official/Director confirmation.
Nonresidential expansion (CUP findings)	Expansion of nonconforming commercial uses requires CUP findings by Planning Commission — discretionary outcome risk	See § 23.19.060(A)(2) for the three findings; document enclosure, impacts, and General Plan consistency.
Sign amortization and alteration	Nonconforming signs may have separate amortization or removal triggers when the principal building changes	Cross‑check Chapter 23.21 on signs; Chapter 23.19 references signs and cross‑controls apply. § 23.19.050(D); see Chapter 23.21.
District numeric standards not present in excerpts	Many parcel‑level decisions hinge on numeric setbacks, height and FAR that are in district tables not fully contained in the retrieved snippets	Verify Table 23.04.030, Table 23.05.030, Table 23.06.030, and the official Zoning Map. See Table 23.03.010 for district list.

Plain-English Summary

If your building, business, or lot in Alhambra was legal under the old rules but no longer meets the new Zoning Code, the city generally lets you keep using it — but you cannot make it bigger or more intensive except in limited, code‑specified ways. Repairs are allowed, damaged buildings may be rebuilt only up to certain thresholds, and commercial expansions may require a Conditional Use Permit with findings by the Planning Commission. See the nonconforming chapter rules at § 23.19.010–.060 for the legal framework.

Source References

Alhambra Zoning Code, Chapter 23.19, Nonconforming Uses, Structures, and Lots — § 23.19.010–§ 23.19.060.
Alhambra Zoning Code, Nonconforming structures and restoration rules — § 23.19.050.
Alhambra Zoning Code, Table of Base Zoning Districts — Table 23.03.010 (lists RL, RM, RH, CBD, EMC, CMU, AC, PO, I, PF, OS).
Alhambra Zoning Code, Development Standards — Commercial/Mixed‑Use Table 23.05.030 and Employment Table 23.06.030 (FAR, heights, setbacks cited above).
Alhambra Zoning Code, Public & Semi‑Public Development Standards Table 23.07.030 (PF/OS standards cited).
Administrative review & procedures (where to file appeals, review authorities): Chapter 23.31 and Chapter 23.32.

In‑page internal links you may need while working on a nonconforming project:

Also consult the California Building Standards Code (Title 24) for building‑level requirements referenced by the Building Official (note: Title 24 provisions are separate from Title 23 zoning rules). (State ADU guidance and building code excerpts are included in the uploaded reference materials.)

Sources

Retrieved passages

Alhambra Zoning Code (chapter apply) High relevance
Alhambra Zoning Code (§ 23.18.040) High relevance
Alhambra Zoning Code (title may) High relevance
Alhambra Zoning Code (§ 23.19.050) High relevance
Alhambra Zoning Code (CHAPTER 23.18) Medium relevance
Alhambra Zoning Code (§ 23.22.270) Medium relevance
Alhambra Zoning Code (§ 23.44.140) Medium relevance
Alhambra Zoning Code (§ 23.02.030) Medium relevance
Alhambra Zoning Code (§ 66333) Medium relevance
CBC § 66321 (§ 66321) Medium relevance
Alhambra Zoning Code (§ 23.22.250) Medium relevance
Alhambra Zoning Code (§ 23.01.040) Medium relevance
California Building Code (Title or) Medium relevance
Alhambra Zoning Code (section 21064.3) Medium relevance
Alhambra Zoning Code (Chapter 23.20.) Medium relevance
Alhambra Zoning Code (Section numbers) Medium relevance
Alhambra Zoning Code Medium relevance
Alhambra Zoning Code (CHAPTER 23.01) Medium relevance
Alhambra Zoning Code (title to) Medium relevance
Alhambra Zoning Code (§ 23.11.020) Medium relevance
Alhambra Zoning Code Medium relevance
Alhambra Zoning Code (CHAPTER 23.32) Medium relevance
Alhambra Zoning Code (Chapter 5.76) Medium relevance
Alhambra Zoning Code Medium relevance
Alhambra Zoning Code (Section numbers) Medium relevance
Alhambra Zoning Code (§ 23.22.200) Medium relevance
Alhambra Zoning Code (§ 23.41.030) Medium relevance

Cited sections

Official Alhambra code library

Frequently asked questions

How does Alhambra define a nonconforming use?

A nonconforming use is any lawfully established use, structure, or lot that existed on the effective date of the Zoning Code (or subsequent amendment) but does not comply with current Title 23 standards; see § 23.19.030(A).

Can I change owners or tenants of a nonconforming business in Alhambra?

Yes — change in ownership, tenancy, or management is allowed provided the incoming use is the same use classification as the previous use, per § 23.19.060(B).

May I add on to a house that is nonconforming to current setbacks?

Possibly. Routine maintenance and some additions are allowed, but the enlargement may not further increase the discrepancy with current standards. A residential dwelling out of compliance with a setback may be enlarged on the first floor only if the enlargement does not encroach further into the setback beyond 50% of the required setback; second‑story additions must comply with current standards. § 23.19.050(B)(1).

My nonconforming commercial use needs more square footage — can I expand?

Nonresidential nonconforming uses can be expanded only with a Conditional Use Permit where the Planning Commission finds the expansion is inside an existing enclosed structure, is not detrimental to public health/safety/welfare, and would not impede General Plan or specific plan implementation. § 23.19.060(A)(2).

If my building is damaged by fire, can I rebuild without losing the nonconforming status?

If damage/repair cost is ≤ 50% of replacement value (Chief Building Official determination), the structure may be restored and the nonconforming use resumed provided a building permit is issued within two years and the restoration does not increase the nonconformity. If damage > 50%, reconstruction must meet current district standards except limited residential exceptions described in § 23.19.050(C).

Are nonconforming signs treated differently?

Yes. Nonconforming signs are addressed under Chapter 23.21; the nonconforming chapter references signs and defers to Chapter 23.21 for maintenance, amortization, and removal rules. § 23.19.050(D) and Chapter 23.21.

Which Alhambra zones are most likely to trigger nonconforming‑use issues?

Any zone can, but common situations are: (1) older commercial uses in RL/RM/RH neighborhoods (neighborhood commercial uses), (2) ground‑floor businesses in mixed‑use re‑zoned corridors like CMU or EMC, and (3) downtown buildings in CBD where lot patterns and older signs frequently predate current standards. The district list is in Table 23.03.010.

Where do I find the numeric setbacks and FAR to evaluate whether my lot or building is nonconforming?

District‑by‑district numeric standards are in the development tables (e.g., Table 23.04.030 for Residential, Table 23.05.030 for Commercial/Mixed‑Use, Table 23.06.030 for Employment, Table 23.07.030 for Public/Semi‑Public). If a table or value is not found in the retrieved excerpts, verify with the full Zoning Code or the Planning Division; see Table 23.03.010 for districts.

If my property is inside an overlay (e.g., -PD, -WMC), how does that affect nonconforming status?

Overlay districts may impose additional or alternative standards; where a specific plan (or overlay) is silent the base Title 23 provisions apply. The PD overlay and specific plan rules are in Chapter 23.11 and Chapter 23.08; confirm that continuation or alteration of nonconforming conditions complies with the overlay rules. § 23.11.030 and § 23.08.020.

Can nonconforming lots be combined or reduced?

A legally created substandard lot may be used as a building site but may not be reduced in area, width, or depth (except for public improvements or state‑law exceptions). § 23.19.040(B). ---

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