Local zoning · South Pasadena

South Pasadena — Nonconforming Uses

Q: Does the Altos de Monterey (AM) overlay follow the same rules?

No — the AM overlay has discrete nonconforming provisions. Within AM, some previously illegal conditions remain illegal, while legally established uses made nonconforming by the overlay are treated as legal nonconforming but with specific limits (e.g., 15 percent cap on certain expansions). See § 36.360.120(B) and the AM overlay section § 36.250.030 .

Nonconforming Uses under the South Pasadena 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 South Pasadena’s Zoning Code treats nonconforming uses, structures, and parcels (the rules that govern uses or buildings lawfully established under an older ordinance but made inconsistent by the current Code). The controlling rules are in Division 36.360 of the South Pasadena Zoning Code; additional, overlay-specific rules (for example the Altos de Monterey (AM) overlay) adjust these rules in mapped areas. See the City’s zoning overview for context on districts and approvals. (Key citations appear inline below: § 36.360.010; § 36.360.120.)

NOTE: Where I quote a rule I give the controlling code citation (the § glyph plus number). For full verbatim text consult the Municipal Code; this page offers plain‑English synthesis and parcel‑level guidance only. Verify with the City for parcel‑specific rulings.

How the Code works (core rules)

A lawful use or building that was legal when established but is inconsistent with the current Zoning Code is a legal nonconforming use/structure/parcel and is regulated under Division 36.360. § 36.360.010
A nonconforming use may be continued so long as it is not enlarged, intensified, or expanded (no physical increase or added area/volume) except as allowed by the Code. § 36.360.040
A nonconforming use may be terminated automatically if it is discontinued for certain time periods (see Checklist/Risks below). § 36.360.020
Repairs and reconstruction after damage are allowed but are limited by thresholds and timelines (different rules for residential vs. nonresidential). See § 36.360.080 and § 36.360.090.
Special overlays can replace or supplement these rules for parcels inside an overlay (notably the Altos de Monterey (AM) overlay). § 36.360.120; § 36.250.030.

Also see the City’s pages for how the Code interacts with related topics like parking, development standards, and design review. The first mention of each topic below is linked to the municipal menu so you can jump to that subject: South Pasadena Parking, South Pasadena Development Standards, South Pasadena Design Review, South Pasadena Overlay Districts, South Pasadena ADUs, California Building Standards Code, South Pasadena Variances and Exceptions, and South Pasadena Historic Preservation.

District-by-district breakdown (what to check for nonconforming property)

Note: the Zoning Code establishes named districts in Article 2 (Table 2‑1) and then gives district purposes and development standards in the body and in Tables (e.g., Table 2‑3 for residential standards, Tables 2‑4/2‑6 for commercial). When evaluating a nonconforming parcel you must read the Division 36.360 rules together with the district’s standards and any applied overlays. See SPMC Article 2 for zoning map application.

RE (Residential Estate)

Purpose / where it applies: Large‑lot single‑family estate areas. § 36.220.020(A)
Typical permitted uses: Detached single‑family dwellings and accessory residential structures; home occupations subject to restrictions. § 36.220.030
Key dimensional standards: See Table 2‑3 for applicable lot coverage, FAR, height, and setback standards that determine whether a structure is nonconforming by dimension. If a building predates current setbacks it may be a lawful nonconforming structure; such structures may be maintained but not enlarged in ways that increase the nonconformity. § 36.360.020; Table 2‑3.

RS (Residential Single‑Family)

Purpose / where it applies: Standard single‑family neighborhoods. § 36.220.020(B)
Typical permitted uses: Single‑family homes, accessory structures, certain home occupations. § 36.220.030
Key dimensional standards: See Table 2‑3 (e.g., typical lot coverage and front/side/rear setbacks). Nonconforming lots that were legally created remain legal nonconforming parcels and may continue to be used but may not be further subdivided. § 36.360.020(E); Table 2‑3.

RM (Residential Medium Density) and RH (Residential High Density)

Purpose / where they apply: Multi‑unit housing areas and higher‑density corridors. § 36.220.020(C–D)
Typical permitted uses: Townhomes, duplexes, courtyard apartments; uses and permit types listed in Table 2‑2. § 36.220.030
Key dimensional standards: See Table 2‑3 for density, lot coverage, FAR, and height limits. Nonconforming residential structures may be repaired and in many cases replaced after involuntary damage subject to the time and size rules (see Repairs below). § 36.360.080(A); Table 2‑3.

CG (Commercial General), CO (Commercial Office), BP (Business Park)

Purpose / where they apply: Commercial corridors, office areas, and business parks (see § 36.230.020). § 36.230.020
Typical permitted uses: Retail and services in CG; professional offices in CO; light industrial/business park in BP. Table 2‑4 lists allowed uses and whether a use is P / AUP / CUP. Table 2‑4; § 36.230.030.
Key dimensional standards: See Table 2‑4 and Mixed‑Use overlay standards (Table 2‑6) for frontage, blank wall, and rear setback rules that matter when determining whether an expansion would intensify a nonconformity. If a nonconformity is only an insufficient number of off‑street parking spaces, a change to another use may be allowed if the new use provides the same parking ratio or gets an Administrative Use Permit. § 36.360.060(B); Tables 2‑4 & 2‑6.

AM (Altos de Monterey Overlay)

Purpose / where it applies: An overlay with its own nonconforming rules applied to the AM area. § 36.250.030
How it changes nonconforming rules: The AM overlay has separate provisions that: (a) deny “legalization” to uses that were already illegal for lack of permits; (b) treat uses that were legal before the overlay as legal nonconforming and allow maintenance but prohibit expansion of the nonconformity except by Variance or Conditional Use Permit; and (c) caps certain allowed expansions in the Overlay (an expansion cap of 15 percent for alterations that would otherwise increase nonconformity is specified). § 36.360.120(B); § 36.250.030.

MU (Mixed Use) and HO (Housing Opportunity) Overlays

Purpose / where they apply: The MU overlay may be applied to commercial zones to allow mixed uses; the HO overlay allows increased residential density along defined corridors. § 36.250.040–050
Effect on nonconformities: The Code requires new land uses and development in overlays to comply with overlay standards; where the overlay does not specify alternate nonconforming rules the general Division 36.360 provisions apply. For overlay‑specific nonconforming exceptions beyond AM, see the overlay text; where the overlay is silent, Division 36.360 controls. (Verify with the Director for site‑specific interpretation.) § 36.250.040–050; § 36.360.030.

Quick reference table — decision‑relevant nonconforming rules

Rule / Issue	What it means in practice	Code reference
Continuation without enlargement	A lawful nonconforming use or structure may continue but may not be enlarged or intensified (no increase in area/volume) unless specifically allowed.	§ 36.360.040
Abandonment / automatic loss	If nonconforming use ceases for 180 days the property loses nonconforming protection; certain abandonment language also cites 12 months for other discontinuances. Property may also lose protection if the structure is moved or removed.	§ 36.360.020
Residential repair/rebuild after casualty	A nonconforming dwelling involuntarily destroyed can be reconstructed to the same development standards so long as the owner documents involuntary destruction, no GFA expansion occurs, and a building permit is issued within 18 months (Director may extend one time).	§ 36.360.060(A)
Nonresidential partial damage threshold	If repair costs exceed 60 percent of replacement cost (per Building Official) in a single calendar year, the structure must be rebuilt in full conformance with current Code. If ≤60% the use may be resumed as before.	§ 36.360.080(C)(1–2)
Alterations that would reduce nonconformity	Work to eliminate a nonconformity or to comply with new laws is allowed. Additions that would further encroach into required setbacks or height limits are not allowed.	§ 36.360.090(A–C)
Parking‑only nonconformity	If the only nonconformity is off‑street parking deficiency, a different use may be approved if it provides parking at the same ratio or with an Administrative Use Permit and possibly a parking study.	§ 36.360.060(B)
AM overlay special cap on expansion	Within the Altos de Monterey (AM) overlay, an alteration that would expand or intensify an existing nonconformity of the main building may be limited to 15 percent of the main building area and otherwise requires Variance or CUP.	§ 36.360.120(B)(4); § 36.250.030
Public‑utility and public‑acquisition exceptions	Public utility structures and properties reduced by eminent domain have specific exemptions from being treated as nonconforming; parcels reduced by public acquisition are not automatically nonconforming.	§ 36.360.120(C–D); § 36.360.040

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

Confirm the use/structure was lawfully established before the controlling Code change (document chain of permits/occupancy). § 36.360.010
Determine whether the nonconformity is in use, dimension (setbacks/height), density, or parking; get the zoning district and overlay map for the parcel. Table references: Table 2‑1, Table 2‑3, Tables 2‑4/2‑6.
If the proposal enlarges or intensifies the nonconformity, prepare an application for Variance or Conditional Use Permit as required; include neighborhood notices and design drawings. § 36.360.040; § 36.410.080.
If change of use involves parking deficiency, prepare a parking study and pursue an Administrative Use Permit if necessary. § 36.360.060(B)
If reconstructing after involuntary damage: document the casualty, obtain a Building Permit within 18 months, and be prepared for Design Review where applicable. § 36.360.080(A); § 36.360.080(C); § 36.410.040.
If in the AM overlay, check AM rules for the 15 percent expansion cap and special legalization rules. § 36.360.120; § 36.250.030.

Risks & Ambiguities

Issue	Why it matters	What to verify
Was the use legally established originally?	Only lawful pre‑existing uses get nonconforming protection; illegal/unpermitted uses remain subject to enforcement.	Confirm historical permits or other proof of lawful establishment. § 36.360.010(B)
Was the nonconforming use discontinued (abandonment)?	A use that ceases can lose protection automatically after 180 days (other rules reference 12 months in certain contexts).	Document continuous operation (receipts, utilities). If in doubt, consult the Director since a factual showing is required. § 36.360.020
Is the scope of proposed repairs >60% for nonresidential?	If repair cost exceeds 60 percent of replacement cost in a calendar year, rebuild must meet current Code.	Get a Building Official repair‑cost determination and cost estimates. § 36.360.080(C)
Does the overlay (AM, MU, HO) change the rule?	Overlay provisions can supersede general nonconforming rules in mapped areas (AM has its own rules).	Check the parcel’s overlay map and read the overlay text. § 36.360.120; § 36.250.030/040/050.
Will the Director treat removal/moving of a structure as abandonment?	Moving a structure may forfeit nonconforming protection.	Confirm whether the proposed action counts as “moved any distance” under § 36.360.020(B). Verify with the Director. Verify with the jurisdiction.
Does the property also have historic landmark status?	Historic designation affects repair and parking exceptions and can allow different treatment (e.g., extended time for reconstruction).	Check Cultural Heritage inventory and coordinate with the Cultural Heritage Commission. § 36.360.080(C); § 36.360.090(F).

Plain‑English summary

If your building or business in South Pasadena was legal when it was created but no longer complies with current rules, you generally can keep operating it — but you cannot expand the nonconforming part, and extended vacancy or moving/demolition can make you lose that protection; special overlay rules (for example in Altos de Monterey) and rebuild/repair thresholds add extra constraints. § 36.360.020–090.

Source References

Division 36.360 (Nonconforming Uses, Structures, and Parcels): § 36.360.010–120 (purpose, continuation, abandonment, repairs, alterations, AM overlay)
Altos de Monterey (AM) Overlay specifics: § 36.360.120 and the AM overlay text § 36.250.030 (overlay standards and where they apply)
Residential district descriptions and uses: § 36.220.020–030 (RE, RS, RM, RH; Table 2‑2 references)
Residential development standards (Table 2‑3): development standards that matter for dimensional nonconformities (lot coverage, FAR, height) — see Table 2‑3.
Commercial district and mixed‑use standards: § 36.230.020–030, Tables 2‑4 and 2‑6 (permitted uses and mixed‑use/overlay standards).
Variances (when expansion of a nonconformity may be considered): § 36.410.080 (variance authority, findings).

Also consult these South Pasadena menu pages for related process and standards: South Pasadena Zoning, South Pasadena Land Use, South Pasadena Development Standards, South Pasadena Parking, South Pasadena Design Review, South Pasadena Overlay Districts, South Pasadena ADUs, California Building Standards Code, South Pasadena Variances and Exceptions, South Pasadena Historic Preservation.

Sources

Retrieved passages

South Pasadena Zoning Code (Section 36.250.030) High relevance
South Pasadena Zoning Code (Section 36.360.060) High relevance
CBC § 1 (§ 1) High relevance
South Pasadena Zoning Code (§ 1) High relevance
CBC § 1 (§ 1) High relevance
South Pasadena Zoning Code (§ 1.) High relevance
South Pasadena Zoning Code (§ 1.) High relevance
CBC § 1 (Section 36.310.040) High relevance
South Pasadena Zoning Code (§ 1.) Medium relevance
South Pasadena Zoning Code (Article 1) Medium relevance
South Pasadena Zoning Code (§ 1.) Medium relevance
South Pasadena Zoning Code (Article 7) Medium relevance
South Pasadena Zoning Code (Article 6) Medium relevance
South Pasadena Zoning Code Medium relevance
South Pasadena Zoning Code Medium relevance

Cited sections

Division 36.360 (Nonconforming Uses, Structures, and Parcels): **§ 36.360.010–120** (purpose, continuation, abandonment, repairs, alterations, AM overlay) (§ 36.360.010)
Altos de Monterey (AM) Overlay specifics: **§ 36.360.120** and the AM overlay text **§ 36.250.030** (overlay standards and where they apply) (§ 36.360.120)
Residential district descriptions and uses: **§ 36.220.020–030** (RE, RS, RM, RH; Table 2‑2 references) (§ 36.220.020)
Residential development standards (Table 2‑3): development standards that matter for dimensional nonconformities (lot coverage, FAR, height) — see **Table 2‑3**.
Commercial district and mixed‑use standards: **§ 36.230.020–030**, Tables 2‑4 and 2‑6 (permitted uses and mixed‑use/overlay standards). (§ 36.230.020)
Variances (when expansion of a nonconformity may be considered): **§ 36.410.080** (variance authority, findings). (§ 36.410.080)
SouthPasadena_ZoningCode.md

Frequently asked questions

What protections does a legally established nonconforming use get in South Pasadena?

A legally established nonconforming use may be continued and maintained so long as it is not enlarged, expanded, or intensified; the City’s default rule is that continuation is allowed but physical additions that increase the nonconformity are prohibited unless a Variance or CUP is obtained. See § 36.360.040.

How long can a nonconforming use be vacant before it loses protection?

If a nonconforming use of land or within a structure ceases for a continuous period of 180 days, it loses nonconforming protection; the Code also references 12 months in related discontinuance contexts. Evidence of intent and operation is considered by the Director. See § 36.360.020.

If a nonconforming commercial building is partially destroyed, can it be rebuilt?

Yes, but with limits: for nonresidential structures, if repair/replacement costs in a single year do not exceed 60 percent of replacement cost, the use may be resumed; if costs exceed 60 percent, reconstruction must comply with current Code. Time limits for completion and permit issuance apply. See § 36.360.080(C).

Can I change a nonconforming use to a new use?

A nonconforming use may sometimes be changed to another nonconforming use of a more restrictive classification (with no structural alterations), but that replacement becomes the new benchmark for nonconformity; a change that increases nonconformity or violates Code requires permitting (Variance/CUP). See § 36.360.020(C) and § 36.360.070.

What if the only nonconformity is off‑street parking?

If the nonconformity is strictly a parking deficiency, the property owner may change to a use allowed in the zone provided the new use provides off‑street parking at the same ratio as the nonconforming use; a more intense use may require an Administrative Use Permit and possibly a parking study. See § 36.360.060(B).

Does the Altos de Monterey (AM) overlay follow the same rules?

No — the AM overlay has discrete nonconforming provisions. Within AM, some previously illegal conditions remain illegal, while legally established uses made nonconforming by the overlay are treated as legal nonconforming but with specific limits (e.g., 15 percent cap on certain expansions). See § 36.360.120(B) and the AM overlay section § 36.250.030.

If my house was destroyed by fire, how long do I have to apply to rebuild?

For residential units involuntarily destroyed, the owner must provide satisfactory documentation and obtain a Building Permit within 18 months from the date of destruction; the Director may grant one extension for reasonable cause. Rebuilding may use the same development standards as the damaged structure if State law conditions are met. See § 36.360.060(A).

Can a nonconforming structure be physically moved on the lot and keep its status?

No — moving the structure any distance on the site causes forfeiture of its nonconforming protection. See § 36.360.020(B).

Does historic designation change nonconforming rules?

Historic landmarks and structures in historic districts get special consideration (e.g., extended reconstruction timeframes and possible parking waivers where appropriate) and are subject to the Cultural Heritage Commission and Certificate of Appropriateness processes in addition to Division 36.360. See § 36.360.080(C) and § 36.360.090(F).

When is a Variance required to alter a nonconforming building?

A Variance (or CUP) is required when the proposed work would expand, intensify, enlarge, or modify an existing nonconformity beyond what the Division allows; Variance procedures and required findings appear in the Code. See § 36.360.040 and § 36.410.080. ---

Ask about any South Pasadena property

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

Start Free Trial