Local zoning · Pasadena

Pasadena — Nonconforming Uses

Q: Can I enlarge a nonconforming business in Pasadena?

Not without approval. Alteration or enlargement of a nonconforming use requires a Minor Conditional Use Permit and must comply with district performance/development standards; enlarging a nonconforming structure that increases nonconformity requires a Variance or Minor Variance per § 17.71.080.D–E .

Q: If my building is >75% damaged by fire can I rebuild and resume the old nonconforming use?

For nonresidential buildings, damage greater than 75% of replacement cost generally means you cannot resume the nonconforming use unless rebuilt in full conformance; there are limited Central District and specific‑use exceptions — see § 17.71.070.B.1–4 .

Q: What makes a lot “nonconforming” and can I build on it?

A nonconforming lot is one legally created before the current Code that no longer meets access, area, or dimensional requirements. It can be considered a legal building site if it meets criteria such as approved subdivision, a recorded deed prior to the zoning amendment, prior variance/lot line adjustment, or partial government acquisition ( § 17.71.110.A.1–4 ) .

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

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Last reviewed: July 2, 2026

Overview

Pasadena’s nonconforming rules live in Title 17, Chapter 17.71 of the Zoning Code and set how legally-established uses, structures, and lots that no longer meet current rules are treated (purpose and scope in § 17.71.010 and § 17.71.020) . The core policy: allow maintenance and limited repair but discourage long‑term continuation, enlargement, or re‑establishment after abandonment; specific triggers for termination, abatement schedules, and rebuilding limits are spelled out in the Chapter (see § 17.71.030, § 17.71.060, Table 7‑1) .

Chapter 17.71 is the controlling local ordinance for nonconforming topics summarized on this page; parcel‑specific outcomes may require review by the Zoning Administrator or other review bodies — Verify with the jurisdiction (see § 17.70.040 for Zoning Administrator authority) .

Important: this page covers only what the Pasadena Zoning Code (Title 17) says about nonconforming uses/structures/lots. For building‑code compliance and construction permits consult the California Building Standards Code.

How the rules work — quick map of the code

Maintain but don’t expand: a nonconforming use or nonconforming structure may be continued but may not be enlarged or changed to another nonconforming use without authorization (§ 17.71.030.A–C, § 17.71.080.E) .
Abandonment loses protection: discontinuance of use for continuously 12 months causes loss of nonconforming status (§ 17.71.060.B.1–4) .
Damage/repair limits: for nonresidential structures damaged >75% the structure/use generally cannot be resumed unless rebuilt to current code (special rules for Central District and some uses) (§ 17.71.070.B.1–4) .
Alterations/expansions need permits: enlarging a nonconforming use requires a Minor Conditional Use Permit; enlarging a nonconforming structure that increases nonconformity needs a Variance or Minor Variance (§ 17.71.080.E, cross‑ref § 17.61.050, § 17.61.080) .
Abatement schedule: certain nonconformities must be removed or altered within the time frames in Table 7‑1 (example: many nonconforming uses not in structures must be removed within 3 years) (§ 17.71.060.C, Table 7‑1) .

Where a subject touches related rules, the Code explicitly directs applicants to other topics such as parking, screening, and conditional use procedures; for practical project planning refer to Pasadena Parking, Pasadena Design Review, and Pasadena Development Standards.

District-by-district breakdown (how nonconforming rules apply in major Pasadena districts)

Note: Chapter 17.71 is written to apply citywide to every zoning district; the district subsections below identify each district’s stated purpose in the Zoning Code and explain how the nonconforming rules in Chapter 17.71 interact with that district. For exact permitted uses and numeric development standards (setbacks, lot area, FAR) consult each district article and the Pasadena Development Standards. Where a numeric standard is not contained in the retrieved Chapter 17.71 materials, the entry notes “Not found in retrieved materials.”

R / R‑1 / RS (Single‑family residential districts)

Purpose and where it applies: R, R‑1, and RS districts are intended to protect single‑family residential character (district descriptions in the Code) .
Typical permitted uses: single‑family dwellings, accessory structures, and limited accessory uses as listed in the district tables (see district land‑use tables) .
Nonconforming treatment: a nonconforming residential use or structure may be maintained and repaired; involuntarily damaged residential units may be rebuilt under the Code’s residential exception (no expansion of gross floor area, documentation to Zoning Administrator, Building Permit within 24 months) — see § 17.71.070.B and § 17.71.090.B .
Key dimensional standards: Not found in retrieved materials for specific numeric setbacks or lot sizes in Chapter 17.71 — consult Pasadena Development Standards.
Practical note: If rebuilding after a catastrophic event, do not assume automatic entitlement to increase unit size or density; follow § 17.71.090.B and verify with the Zoning Administrator .

RM / RM‑12 (Multi‑family residential districts)

Purpose: support multi‑family housing and moderate density residential forms (district text references RM districts) .
Typical permitted uses: multi‑family residential uses, accessory uses; see Table for the RM district in the Code .
Nonconforming treatment: same citywide Chapter rules apply. Where an alteration would increase the nonconformity, a Variance or Minor Variance may be required; Minor Variances have quantified caps for RM projects in Table 6‑4 (e.g., some floor area adjustments limited to 10%) (§ 17.71.080.D.1–2, Table 6‑4) .
Key dimensional standards: Not found in retrieved materials in Chapter 17.71; consult Pasadena Development Standards.

IG (General Industrial)

Purpose & uses: industrial and heavier commercial uses permitted in IG are listed in district tables; the nonconforming rules treat uses allowed in IG differently when they exist in R districts (see abatements) .
Nonconforming treatment: removal timelines in Table 7‑1 include a 5‑year abatement for certain industrial uses occupying structures in R districts that are only allowed in IG or not allowed at all in other districts (§ 17.71.060.C, Table 7‑1) .

Central District (downtown/regulating district)

Purpose: higher intensity mixed use; Code specifically treats rebuilding after destruction differently here.
Nonconforming treatment: if a nonconforming nonresidential structure in the Central District is damaged >75% it may be rebuilt and its use resumed if the replacement matches original exterior materials, height, setbacks and configuration, and a Building Permit is issued within 24 months (§ 17.71.070.B.4) .
Key dimensional standards: Central District standards are located in the Central District article — not reproduced in Chapter 17.71 (Not found in retrieved materials). See Pasadena Zoning and Pasadena Development Standards.

SP‑1 / SP‑1e / Specific Plan districts

Purpose: site‑specific rules under a Specific Plan. The Code says nonconforming uses made nonconforming by a Specific Plan are subject to § 17.71 .
Special rules: the SP‑1e subdistrict lists particular uses that cannot be expanded (auto service, mini‑malls, parking, etc.) — those expansion prohibitions are stricter than general Chapter 17.71 allowances and are enforced by the Specific Plan provisions (SP‑1e: Nonconforming uses) .

Overlays and other districts (HD, PD, OS, PS)

Overlays: the Code recognizes overlays (e.g., HD historic overlay) and sometimes limits Minor Variance parameters within overlays (see Minor Variance limits for HD in Table 6‑4) — a nonconforming alteration in an overlay may face additional standards and review (see § 17.61 Minor Variance table and overlay text) .
Public and open space districts (PS, OS) follow the citywide nonconforming rules; where the Specific Plan or overlay imposes additional constraints those controls apply (see § 17.71.010 and district-specific sections) .

Decision‑relevant standards and examples table

Topic	Summary rule (plain English)	Code Reference
Can I keep a nonconforming use?	Yes — you may maintain and continue it so long as you do not increase the area/volume occupied or enlarge the use (no expansion without approval).	§ 17.71.030.A.1
Alter/Enlarge a nonconforming use	Alteration/enlargement of a nonconforming use requires a Minor Conditional Use Permit; no expansion onto other lots.	§ 17.71.080.E.1–3
Alter/Enlarge a nonconforming structure	Cannot be altered to further increase nonconformity unless you obtain a Variance/Minor Variance; enlargement must meet current development standards.	§ 17.71.080.D.1–2
Abandonment period	A nonconforming use loses protection if discontinued for 12 continuous months.	§ 17.71.060.B.1
Damage/destruction limits	Nonresidential structures >75% damaged: generally cannot resume use unless rebuilt in full conformance; special Central District allowances apply.	§ 17.71.070.B.1–4
Abatement schedule	Certain nonconformities must be removed/altered per Table 7‑1 (e.g., many nonconforming uses not in structures: 3 years).	§ 17.71.060.C, Table 7‑1
Nonconforming lots	A lot may be a legal building site if it meets criteria (approved subdivision, recorded deed pre‑amendment, variance, or partial government acquisition).	§ 17.71.110.A.1–4

Practical guidance and synthesis (plain English, applied)

Maintenance vs. change: routine maintenance and ordinary repairs to nonconforming structures are allowed (§ 17.71.070.A) but adding square footage, moving the use, swapping to another nonconforming use, or voluntarily razing and rebuilding will commonly terminate the nonconforming protection unless you obtain the right permit (Minor CUP, Variance) (§ 17.71.030, § 17.71.080) .
If you plan work: determine whether your project is an allowed repair, an enlargement of a nonconforming use (requires Minor Conditional Use Permit), or an enlargement of a nonconforming structure (may require Variance). Early meetings with the Zoning Administrator avoid surprises — the Zoning Administrator is the authority to make many determinations (§ 17.70.040) .
Rebuild after damage: residential units have a specific exception allowing reconstruction using the same development standards (no enlargement) if Building Permit issued within 24 months; nonresidential rules are stricter and use the 75% damage threshold for loss of nonconforming status (§ 17.71.070, § 17.71.090.B) .
Specific Plans and overlays can add prohibitions: if your property lies in an SP (Specific Plan) or HD overlay check the plan text because it can forbid expansions that Chapter 17.71 might otherwise allow (SP‑1e example: certain vehicle uses cannot expand) .
Related processes and topics: nonconforming status can intersect with Pasadena Design Review, Pasadena Parking, Pasadena Historic Preservation, and Variance/Minor Variance procedures (Pasadena Variances and Exceptions). Use those pages for procedural checklists and submittal requirements.

Checklist (what an applicant must satisfy before modifying or trying to keep a nonconforming condition)

Confirm the nonconforming classification and date of lawful establishment with the Zoning Administrator (§ 17.71.020, § 17.71.110.A) .
If proposing enlargement of a nonconforming use: prepare a Minor Conditional Use Permit application per § 17.61.050 and evidence the proposal meets performance standards (§ 17.71.080.E.1–3) .
If proposing enlargement or relocation of a nonconforming structure that increases nonconformity: prepare Variance or Minor Variance materials per § 17.61.080 and Table 6‑4 limits (§ 17.71.080.D) .
If rebuilding after damage: document assessed value and damage estimates; determine whether the 75% rule applies (nonresidential) or residential exception applies; obtain Building Permit within 24 months if eligible (§ 17.71.070.B–C, § 17.71.090.B) .
If nonconforming lot status is in question: assemble deed/subdivision/lot‑line adjustment/variance records to meet § 17.71.110.A criteria .
Check overlay/Special Plan limits (e.g., SP‑1e) — some uses may be expressly prohibited from expansion (SP text) .
Verify whether parking, screening, or signage rules apply and whether those nonconformities are treated as nonconforming uses (Code: those items alone are not, by themselves, treated as nonconforming uses) (§ 17.71.090.A, cross‑ref Pasadena Parking) .

Risks & Ambiguities

Issue	Why it matters	What to verify
Abandonment (12 months)	If the use is discontinued 12 consecutive months, you lose nonconforming protection and cannot re‑establish the use (§ 17.71.060.B.1) .	Gather proof of continuous operation (receipts, utilities, licenses); consult Zoning Administrator if disputed.
Damage >75% (nonresidential)	If damage exceeds 75% of replacement cost you generally lose the right to resume the nonconforming use (§ 17.71.070.B.1–2) .	Obtain independent cost estimates; confirm what portion counts toward calculation and ask Zoning Administrator to review.
Work that increases nonconformity	Enlargements that increase nonconformity require Variance/Minor Variance and may be denied (§ 17.71.080.D) .	Quantify the change vs. current standards; check Table 6‑4 for Minor Variance thresholds.
Overlays / Specific Plans	Specific Plans (SP) or overlays can prohibit expansions that Chapter 17.71 might otherwise permit (example SP‑1e).	Check the applicable Specific Plan/overlay text for carve‑outs and stricter rules (SP‑1e) .
Nonconforming lot legal status	A lot must meet criteria to be a “legal building site”; if it fails, building may be disallowed (§ 17.71.110.A) .	Produce deeds, subdivision maps, lot‑line adjustments, or variance approvals to prove status.
Interaction with building code	Chapter 17.71 allows some reconstruction only if Building Code standards are met, and references state Building Code exceptions; building permits are still required (§ 17.71.070.B.3, § 17.71.080.C) .	Confirm required Building Code (Title 24) upgrades with Building department and review California Building Standards Code.

Plain‑English summary

If a use or building on your Pasadena property was legal when established but now conflicts with current zoning, the city lets you keep and maintain it but generally forbids enlarging, moving, or restarting it after abandonment; there are clear timelines for removal/abatement, special rules after damage, and specific permit paths (Minor CUP, Variance) if you want to change it — see § 17.71.030–120 for the rules and consult the Zoning Administrator to confirm how they apply to your parcel .

Information Gaps

Numeric district development standards (specific front/side/rear setbacks, lot area minima, FAR percentages) are not reproduced in Chapter 17.71. Those dimensional numbers are not found in the retrieved Chapter 17.71 materials; consult district articles and Pasadena Development Standards. Not found in retrieved materials.
Full text of Table 7‑1 (complete abatement schedules for every listed item) appears partly in the retrieved excerpt; verify the full, current table in the official Zoning Code. Partial table present in retrieved materials (see § 17.71.060.C, Table 7‑1) .
Specific Minor Conditional Use Permit and Variance submittal requirements and fee schedules are in other sections (e.g., § 17.61) and fee schedules — consult the corresponding Code sections and the Planning Department.

Source References

Pasadena Municipal Code, Title 17, Chapter 17.71, "Nonconforming Uses, Structures, and Lots" — see § 17.71.010–140 for purposes, application, restrictions, abatement, repair, special rules and nonconforming lots. Relevant citations: § 17.71.010, § 17.71.020, § 17.71.030, § 17.71.060, § 17.71.070, § 17.71.080, § 17.71.090, § 17.71.100–140 .
Pasadena Zoning district descriptions and district‑level cross references (Central District, RM, RS, SP, etc.) — see district articles and Specific Plan excerpts (e.g., CDSP, ECSP, SP‑1 references) and Minor Variance table Table 6‑4 for Variance limits .
For California Building Code interactions, see references in Chapter 17.71 to Building Code compliance and Government Code (state) requirements; consult California Building Standards Code for technical building standards. Specific cross‑references are in § 17.71.070 and § 17.71.080.C .

Sources

Retrieved passages

Pasadena Zoning Code (Section shall) High relevance
Pasadena Zoning Code (Chapter shall) High relevance
CBC § 17.48.140 (Section 17.48.140) High relevance
CBC § 17.61.080 (Section shall) High relevance
Pasadena Zoning Code (Section 17.61.090) High relevance
CBC § 52 (Section 17.61.050.) High relevance
CBC § 52 (Chapter 14.06) High relevance
CBC § 65 (Chapter 17.78) High relevance

Cited sections

Official Pasadena code library

Frequently asked questions

What happens to a nonconforming use if it is discontinued?

If a nonconforming use is discontinued for a continuous period of 12 months, it loses its nonconforming protection and may not be reestablished; the Zoning Administrator will evaluate evidence of discontinuance (e.g., removal of equipment, utilities disconnected, no business records) under § 17.71.060.B .

Can I enlarge a nonconforming business in Pasadena?

Not without approval. Alteration or enlargement of a nonconforming use requires a Minor Conditional Use Permit and must comply with district performance/development standards; enlarging a nonconforming structure that increases nonconformity requires a Variance or Minor Variance per § 17.71.080.D–E .

If my building is >75% damaged by fire can I rebuild and resume the old nonconforming use?

For nonresidential buildings, damage greater than 75% of replacement cost generally means you cannot resume the nonconforming use unless rebuilt in full conformance; there are limited Central District and specific‑use exceptions — see § 17.71.070.B.1–4 .

Are parking or screening deficiencies treated as nonconforming uses?

No. Nonconformance only to loading, parking, planting area, or screening standards is not, by itself, deemed a nonconforming use under § 17.71.090.A; those defects are addressed separately and do not automatically trigger the nonconforming‑use rules .

What makes a lot “nonconforming” and can I build on it?

A nonconforming lot is one legally created before the current Code that no longer meets access, area, or dimensional requirements. It can be considered a legal building site if it meets criteria such as approved subdivision, a recorded deed prior to the zoning amendment, prior variance/lot line adjustment, or partial government acquisition (§ 17.71.110.A.1–4) .

If my use was established with a Conditional Use Permit before the Code change, is it nonconforming now?

The Code says a use that was lawfully established with a Conditional Use Permit is not automatically nonconforming solely because current rules would now require a CUP; however, if the original CUP had conditions (including a termination date), those original terms control. See § 17.71.100 .

Can a nonconforming structure be moved to a new location on the same lot?

Moving a structure on the site that contains a nonconforming use can cause loss of nonconforming status for the use; alterations/moves of structures that increase nonconformity are restricted and may require variance approval (§ 17.71.060.B.2, § 17.71.080.D.2) .

Do Specific Plans or overlays change the nonconforming rules?

Yes. Specific Plans and overlays can impose additional limits (examples: SP‑1e prohibits expansion of certain vehicle and parking uses); the Code directs that nonconforming provisions in those plans interact with Chapter 17.71, and the Specific Plan text may be stricter (SP‑1e and Chapter cross‑references) .

Will repairing a nonconforming structure for seismic safety remove its nonconforming status?

Seismic retrofitting or reconstruction required to comply with Building Code or specific unreinforced masonry rules is explicitly allowed and does not trigger removal if limited to compliance actions; see § 17.71.080.C.1–2 — but verify Building Department requirements for permits and scope .

If I want to expand a nonconforming use into the parking lot, is that allowed?

No — the Code prohibits expansion of a nonconforming use onto an additional lot or onto additional area (including paved parking) unless authorized under the Chapter and any applicable Specific Plan; in many cases expansion onto paved parking is considered enlargement and requires a Minor CUP or will be prohibited (§ 17.71.080.E.3, SP‑1e examples) .

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