Local zoning · Temple City

Temple City — Nonconforming Uses

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

Last reviewed: July 2, 2026

Overview

This page explains how Temple City treats nonconforming lots, structures, and uses under the city's Title 9 Zoning Regulations (the zoning code). The rules are centralized in Article D (Nonconformities) and then cross‑referenced throughout district and special‑use rules; key rules cover continuation, limits on expansion, abandonment, repair after damage, and special rules for signs, parking, landscaping and fences. See the zoning code for full text: § 9-1D-1 through § 9-1D-5.

Note: this page stays strictly within Temple City's zoning code—building‑code topics such as the California Building Standards Code are referenced only where the zoning code requires compliance.


How Temple City organizes the nonconforming rules (quick map)

  • General rules for establishing and maintaining legal nonconforming status are in § 9-1D-1.
  • Nonconforming lots rules are in § 9-1D-2 (continuation, modification limits).
  • Nonconforming structures rules (continuation, repair/rebuild after damage, expansion limits) are in § 9-1D-3.
  • Nonconforming uses rules (continuation, modification, discontinuance) are in § 9-1D-4.
  • Other topic‑specific nonconforming rules (parking, signs, landscaping, fences, environmental impacts) are in § 9-1D-5.

District-by-district implications

(The zoning code identifies the base zones in Table 9-1B-1; examples shown below are the actual Temple City zone labels.)

R-1 (Low‑Density Residential)

  • Purpose / where it applies: R-1 is the city's Low‑Density Residential zone.
  • Typical permitted uses: single‑family dwellings, accessory structures, ADUs (subject to 9-1T-13), limited home occupations.
  • Key dimensional standards: see Table 9-1G-3 (example: minimum lot area 7,200 sf, front setback 20 ft, max top plate height for two‑story = 23 ft on typical lots).
  • Nonconforming rules specific to R-1:
    • A legal nonconforming single‑family may continue indefinitely; special rules apply for single‑family uses in Low Mixed Use mapped areas south of Lower Azusa Road (see § 9-1D-4.A.1).
    • Nonconforming multi‑family uses in the R‑1 zone may not add additional units, although additional living area may be expanded subject to R‑1 standards. § 9-1D-4.A.2.

(If you need the full R‑1 table, see Table 9-1G-3 in the code.)

R-2 / R-3 (Medium & High‑Density Residential)

  • Purpose / typical uses: R-2 = Medium Density; R-3 = High Density (multi‑family permitted). See Table 9-1B-1 and the respective development standards tables for setbacks, heights and FAR.
  • Nonconforming implications:
    • Multi‑family nonconforming structures may be reconstructed after involuntary damage per the 50% appraised‑value rule and with compliance to the applicable building code; Temple City also allows certain reconstruction for multi‑family unless located in the Industrial zone (see § 9-1D-3.I).

Refer to Table 9-1G-12 for R‑3 standards (setbacks, stories, max height).

MU-L / MU-M (Mixed‑Use Low / Mixed‑Use Medium)

  • Purpose: allow integrated residential + commercial; MU‑L and MU‑M have different density / FAR and front/setback rules.
  • Nonconforming implications:
    • A legal nonconforming use may continue, but any expansion that increases floor area by more than 50% for some encroachments may trigger review and require removal/reduction of certain nonconforming encroachments (see § 9-1D-3.A.2.c).
    • Mixed‑use expansions of more than 100 sf are subject to design review per mixed‑use design rules. See the city's design review page and the code for threshold details.

I (Industrial)

  • Purpose / typical uses: I (Industrial) permits manufacturing, distribution, research and related uses; detailed use lists and permit labels are in Article J.
  • Nonconforming implications:
    • The code explicitly notes that the multi‑family reconstruction allowance described for other zones does not apply to multi‑family structures and uses located in the Industrial zone—reconstruction of nonconforming multi‑family in I is therefore subject to stricter review. § 9-1D-3.I.

NC / DC / LTC (Commercial variants) and I/OS / PD (Institutional / Planned Development)

  • Commercial districts (e.g., NC, DC, LTC) and institutional/overlay zones may have their own special rules; overlay provisions prevail over base zones where they conflict. Table 9-1B-1 and the overlay rules should be checked for site‑specific nonconforming treatment. § 9-1A-5 and Table 9-1B-1.

Key nonconforming rules — decision table

Issue / standard Temple City rule (plain English) Code Reference
Continue legal nonconforming lots Lawfully created lots that are nonconforming may continue and be developed as if conforming (but may not be altered to increase nonconformity). § 9-1D-2
Continue legal nonconforming structures Nonconforming structures may continue indefinitely, with enumerated exceptions (e.g., no added residential units for residential buildings). § 9-1D-3.A.1–2
Repair/rebuild after damage Repair/rebuild allowed if repair cost ≤ 50% of appraised value (appraisal within 12 months); otherwise restoration is not allowed. Rebuild must start within 12 months unless allowed by Planning Manager. § 9-1D-3.A.4.a–b
Discontinuance / abandonment If a legal nonconforming use or structure is discontinued/abandoned for 180 consecutive days the nonconforming rights are lost and future use must conform. § 9-1D-3.C / 9-1D-4.C.1
Modification / expansion A nonconforming use/structure cannot be modified to expand the nonconformity. Minor repairs are allowed; expansions are limited and may require discretionary approvals. § 9-1D-3.A.3 / 9-1D-4.B
Parking nonconformity A use that fails to meet current parking standards is not automatically a "nonconforming use"; but any expansion must provide the additional required parking. § 9-1D-5.A.1–2
Signs Nonconforming signs may continue but cannot be structurally altered or expanded; >50% destruction triggers removal. § 9-1F-17.D

How the rules interact with other approvals and city processes

  • The Planning Manager is the designated authority to determine nonconforming status; the Planning Commission hears abatement/extension decisions and may set amortization periods. Appeals go to City Council per appeal provisions. § 9-1D-1.C.
  • Extensions of time to abate nonconformities may be granted where the Review Authority finds unreasonable hardship; amortization periods and findings are discretionary. § 9-1D-1.C.5.
  • Some nonconforming changes may trigger other reviews: design review for additions (see the city's design review page), site plan review, or a conditional use permit. See Article C procedures.

Practical cross‑checks you will encounter:

  • If you plan an expansion or intensity increase, verify off‑street parking and loading compliance; an expansion can trigger full conformance for newly required spaces. § 9-1D-5.A.
  • Any rebuild must meet the applicable California Building Standards Code requirements at time of rebuild (code reference in nonconforming reconstruction rules). § 9-1D-3.A.4.a.
  • When an expansion exceeds thresholds (often 50% of floor area or value), nonconforming encroachments (for example in commercial zones) may be required to be removed. § 9-1D-3.A.2.c.

Checklist (what an applicant must satisfy when dealing with a nonconformity)

  • Determine if the lot/structure/use was lawfully established before the applicable regulation changed; request a formal determination from the Planning Manager. § 9-1D-1.C.1.
  • Confirm whether the nonconformity is a lot, structure, or use (rules differ). § 9-1D-1.A.
  • If proposing repairs after damage, obtain a licensed appraisal (≤ 12 months old) to determine whether repairs exceed 50% of replacement value. § 9-1D-3.A.4.
  • If proposing an expansion or intensification, calculate whether the project triggers the 50% floor‑area/value thresholds that may require removal of certain nonconforming features or full conformance. § 9-1D-3.A.2.c / 9-1D-5.C.
  • Verify parking and loading obligations for any proposed change; additional required spaces must be provided upon change/expansion. § 9-1D-5.A.1–2.
  • If the nonconforming use has been discontinued for 180 consecutive days, prepare to bring the property into full conformance; maintenance of a business license alone is insufficient. § 9-1D-4.C.1.
  • If seeking an amortization extension or abatement deferral, prepare financial evidence (depreciation schedules, investments) and schedule a hearing with the Planning Commission or appointed Hearing Officer. § 9-1D-1.C.2–4; 9-1D-4.D.

Risks & Ambiguities

Issue Why it matters What to verify
Is the use “lawful” prior to the ordinance change? Only lawfully established uses get nonconforming rights; illegal uses can be abated immediately. § 9-1D-1.A.2. Confirm historical permits/COs and request a written determination from Planning Manager. Verify with the jurisdiction.
Whether proposed work is a “repair” or an “expansion” Repairs are allowed; expansions that increase nonconformity can trigger loss or required abatement/removal. § 9-1D-3.A.3; 9-1D-4.B. Have an architect/ planner prepare scope and a value comparison; get Planning Manager confirmation pre‑application.
Appraised value and 50% rebuild test A <**50%** threshold permits restoration; >50% prevents restoration. Measurements hinge on appraisals dated within 12 months. § 9-1D-3.A.4. Obtain a licensed appraiser and preserve documentation; consider requesting a timing extension if rebuild cannot start within 12 months.
Special district exceptions (e.g., R‑1 multi‑family; Industrial zone) Some allowances (like reconstruction of multi‑family) are expressly excluded in specific zones. § 9-1D-4.A.2; 9-1D-3.I. Check the applicable base zone and any overlays in Table 9-1B-1; confirm with staff. Verify with the jurisdiction.
Parking treated separately Parking shortfalls do not automatically convert a use into a nonconforming use, but expansions may force full parking compliance. § 9-1D-5.A.1–2. If expanding/intensifying, run a parking analysis and include required new spaces in the proposal.

Plain‑English summary

If your property or business in Temple City was lawful before the zoning code changed, it likely keeps a legal nonconforming status and can continue operating, but you generally cannot enlarge that nonconformity (for example, add units in a nonconforming multi‑family building in R‑1). Abandon the use for 180 days and you lose the right to continue it; if a building is damaged, you can rebuild only when repairs cost ≤ 50% of appraised value and you comply with current building rules. For exact thresholds and to start a formal determination, contact the Planning Manager and be prepared for discretionary hearings if you seek amortization or extensions. §§ 9-1D-1 — 9-1D-5.


Source References

  • Temple City Zoning Code, Article D, Nonconformities — § 9-1D-1: General Nonconforming Provisions.
  • Temple City Zoning Code, § 9-1D-2: Nonconforming Lots.
  • Temple City Zoning Code, § 9-1D-3: Nonconforming Structures (repair/rebuild 50% rule, exceptions).
  • Temple City Zoning Code, § 9-1D-4: Nonconforming Uses (continuation, 180‑day abandonment, R‑1 specifics).
  • Temple City Zoning Code, § 9-1D-5: Other Specific Nonconforming Provisions (parking, signs, landscaping, fences).
  • Temple City Zoning Code, Article G / Tables for Residential Districts (R‑1, R‑3 development standards; Table 9-1G‑3, 9-1G‑12).
  • Temple City Zoning Code, Article J — Industrial (I) Zone (use lists and development standards).
  • Temple City Zoning Code, Table 9-1B-1 (zone list and base/overlay rules).

Anything not explicitly stated above (for example, how the city applies amortization in practice to a specific property or the exact hearing calendar) is Not found in retrieved materials; contact Planning staff to confirm parcel‑specific outcomes. Verify with the jurisdiction.


Sources

Retrieved passages

  • Temple City Zoning Code (Section 9-1C-5-G) High relevance
  • Temple City Zoning Code High relevance
  • Temple City Zoning Code (section will) High relevance
  • CBC § 180 High relevance
  • Temple City Zoning Code (Section 9-1C-5-H-8) High relevance
  • Temple City Zoning Code (section will) High relevance
  • CBC § 180 High relevance
  • Temple City Zoning Code (ARTICLE D.) High relevance
  • Temple City Zoning Code Medium relevance
  • Temple City Zoning Code (chapter will) Medium relevance
  • Temple City Zoning Code Medium relevance
  • Temple City Zoning Code (Section 11018.2.) Medium relevance
  • Temple City Zoning Code (Section 9-1T-11) Medium relevance
  • Temple City Zoning Code (TITLE 9) Medium relevance
  • Temple City Zoning Code Medium relevance
  • Temple City Zoning Code (ARTICLE J.) Medium relevance

Cited sections

Frequently asked questions

What happens if my business stopped operating for six months—can I restart it?

If a legal nonconforming use is discontinued or abandoned for 180 consecutive days or more, the nonconforming rights are lost and any subsequent use must comply with the current zoning code. Maintenance of a business license alone does not count as continuation. § 9-1D-4.C.1.

Can I add another dwelling unit to a nonconforming multi‑family building in R‑1?

No. Nonconforming multi‑family uses in the R‑1 zone may not add additional units; you may be allowed to expand living area for existing units but not to increase the unit count. § 9-1D-4.A.2.

If a nonconforming building is partly destroyed in a fire, when can I rebuild?

You may repair or rebuild only if the cost to repair/replace the damaged portion does not exceed 50% of the appraised value (appraisal within 12 months). If the cost exceeds 50%, the structure may not be restored under the nonconforming status. Rebuilding must begin within 12 months unless the Planning Manager allows otherwise. § 9-1D-3.A.4.a–b.

Does a shortfall in parking automatically make my use nonconforming?

No — a use that does not meet current parking standards is not deemed a nonconforming use solely for that reason. However, if you change, expand, or intensify the use, any additional parking required for that change must be provided to meet Article E (Off‑Street Parking and Loading). § 9-1D-5.A.1–2.

Who decides whether my building or use is legally nonconforming?

The Planning Manager is the designated authority to determine that a lot, structure, or use is nonconforming. Abatement procedures and extensions are acted on by the Planning Commission; those decisions may be appealed to City Council. § 9-1D-1.C.1–4.

If I want to expand a nonconforming storefront in a mixed‑use zone, does it trigger design review?

Yes — mixed‑use additions that add 100 square feet or more of floor area are subject to major site plan/design review per the mixed‑use design review standards; plus expansions can trigger removal or reduction of nonconforming encroachments if expansion exceeds certain thresholds. Check the Mixed‑Use design rules and consult design review. § 9-1H-4; § 9-1D-3.A.2.c.

Are nonconforming signs allowed to stay?

Yes, legally established nonconforming signs may continue, but they cannot be structurally altered to increase nonconformity, and if more than 50% destroyed (by cost), they must be removed. See § 9-1F-17.

Can I merge a nonconforming lot to reduce nonconformity?

Yes — the code encourages parcel modifications (lot merger or lot line adjustment) to eliminate or minimize nonconformity; however, legal nonconforming lots may not be modified in any way that increases the degree of nonconformity. § 9-1D-2.B.

If I rebuild a nonconforming multi‑family property, which building code applies?

The rebuild must comply with the applicable California Building Standards Code as it exists at the time of reconstruction, and any other applicable local building standards cited in the zoning code. § 9-1D-3.A.4.b.

Does Temple City treat parking, landscaping, or garage conversions differently when nonconforming?

Yes. Parking shortfalls alone do not create nonconforming use status, but any expansion requires full conformance for newly required parking; landscaping nonconformities may continue but if improvements exceed 50% of appraised property value, landscaping must be brought into conformance. Illegally converted garages are prohibited; legally nonconforming garages continue but must provide required parking upon change of use. § 9-1D-5. ---

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