Santa Barbara Municipal Code Ch. 30.165 Nonconforming Structures, Site Development, and Uses

The purpose of this chapter is to provide for the regulation of nonconforming structures, site development, and uses, and to specify those circumstances under which they shall be allowed to continue and be improved. The provisions of this chapter are intended to encourage the preservation and reuse of existing development, allow flexibility for improvements in form and design, control such uses and structures so as to reduce adverse effects on adjoining properties, and to preserve the integrity of the area in which it is located.

(Ord. 6217, 4/21/2026)

The provisions of this chapter apply to structures, site development, and uses that have become nonconforming by adoption of this Title, or become nonconforming due to subsequent amendments to its text or to the Zoning Map, except as follows:

A. Nothing in this chapter shall be construed to prohibit any additions or alterations to a nonconforming structure as may be reasonably necessary to comply with any lawful order of any public authority, such as seismic safety requirements, the Americans with Disabilities Act,[1] or a Notice and Order of the Building Official, made in the interest of the public health, welfare, or safety, provided that approvals pursuant to Chapter 30.250, Modifications, may be required for such additions or alterations.

[1]

Editor's Note: See 42 U.S.C. Section 12101 et seq.

B. Nothing in this chapter shall be construed or applied to prevent additions, alterations, or replacement of Public Works and Utilities buildings, structures, equipment or facilities where there is no change in use or increase in the project site area.

C. Regulation of sites that are nonconforming to parking regulations are contained in Chapter 30.175, Parking Regulations.

D. The provisions in this chapter do not apply to any feature of a structure or site development granted a Modification pursuant to Chapter 30.250, Modifications, or a Minor Zoning Exception pursuant to Chapter 30.245.

(Ord. 6217, 4/21/2026)

A. Nonconforming structures, site development, or uses may be continued, repaired and maintained provided there is no increase in the intensity of any nonconforming use, except as allowed pursuant to Section 30.165.070A, Change of Use. The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership, tenancy, or management. The right to continue a nonconformity shall terminate once it has been abandoned.

1. Abandonment. A nonconformity is considered to be abandoned after any of the following have occurred:

a. Change to a Conforming Use or Configuration. The nonconformity has been changed to a conforming use or configuration.

b. Discontinuation of Use. The use has been discontinued pursuant to Section 30.140.080, Discontinuation of Use.

c. Substantial Redevelopment. The structure containing the nonconformity is demolished or substantially redeveloped and not reconstructed pursuant to Section 30.165.080, Substantial Redevelopment and Replacement of Nonconforming Structures.

B. The right to continue does not apply to nonconforming structures, site development, or uses deemed to be a public nuisance because of health or safety conditions, as determined by the Chief Building Official.

(Ord. 6217, 4/21/2026)

A. Legal Nonconforming Status. Where a legally created parcel of land is reduced in size or lot dimensions due to acquisition or dedication by a public agency for a public purpose, and such reduction results in a nonconformity with required setbacks or other applicable development standards, any existing building or structure on the lot is deemed a legal nonconforming structure pursuant to this chapter. A Modification pursuant to Chapter 30.250, Modifications, is not required to maintain the existing structure in its current form.

B. Redevelopment and Additions.

1. Substantial redevelopment of the structure, or any addition or expansion of the structure, must comply with the applicable development standards based on the new lot area and setbacks measured from the new lot lines.

2. Alterations to existing nonconforming buildings are allowed pursuant to this chapter.

(Ord. 6217, 4/21/2026)

Alterations to existing nonconforming structures, site development, or structures containing a nonconforming use or nonconforming residential density, are allowed provided that the alteration does not increase the floor area, except as allowed pursuant to Section 30.165.050, Additions to Nonconforming Development, or Section 30.165.060, Nonconforming Garages and Carports, and meets all of the following standards:

A. Nonconforming Height. No structural alterations may be made to the portion of the structure or building that exceeds the maximum height. Non-structural alterations may be made that do not increase, alter, or relocate the height or volume of the portion of the structure that exceeds the maximum height in the zone.

B. Nonconforming Setbacks.

1. Height and Volume in Setbacks. Alterations that increase or relocate the height or volume of the portion of a building within the front or interior setbacks, may be made provided that the addition meets the following standards:

a. The portion of the structure located in the setback does not increase height by more than 42 inches; and

b. Alterations do not result in an overall roof pitch greater than a four-inch rise over a 12-inch run unless the new roof pitch matches the existing development on the site.

2. Openings in Setbacks–First Floor. Alterations to create new, relocate, or enlarge windows, doors, or other openings on that portion of the first floor of a structure that is located within any setback are allowed.

3. Openings in Setbacks–Upper Floors. Alterations to create new, relocate, or enlarge windows, doors or other openings on that portion of the upper floor of a structure that is located within a setback are allowed provided that the alterations conform to the privacy standards in Section 30.140.145, Privacy Standards for Upper-Story Openings.

4. Change of Use in Setbacks. Alterations that change the land use of a development are allowed provided that the alteration does not change the land use of any structure located in the setback from residential to nonresidential.

a. Exceptions. The following change in use from residential to nonresidential in a setback is allowed:

i. Community Garden.

ii. Live-Work Unit.

iii. Market Garden.

iv. Neighborhood Market.

C. Nonconforming Open Yard. See Section 30.165.100, Nonconforming Open Yard.

D. Nonconforming Floor Area. If the development is nonconforming to any floor area limitations, alterations are allowed that do not decrease the floor area of a structure or use below the minimum area required; or increase the floor area of a structure or use above the maximum area allowed.

E. Nonconforming Residential Unit Standards. If the development is nonconforming to any residential unit standards, alterations are allowed that do not increase the number or types of residential building elements; or enlarge or relocate nonconforming residential building elements, except as allowed pursuant to Section 30.140.150, Residential Unit.

F. Nonconforming Density. If an existing residential development is nonconforming to residential density standards, alterations are allowed that do not add units, increase the unit size, or increase the residential floor area, except as otherwise allowed by this Title.

G. Nonconforming Use. See Section 30.165.070, Nonconforming Uses.

H. Nonconforming Landscape. See Section 30.140.118, Landscape.

I. Other Development Standards. For all other elements or uses of a structure or property, alterations are allowed that do not increase or expand the nonconformity.

(Ord. 6217, 4/21/2026)

Additions to existing nonconforming structures, site development, or structures containing a nonconforming use or nonconforming residential density, are only allowed as follows:

A. Substantial Redevelopment Combined with Additions Prohibited. Additions allowed by this chapter shall not be permitted concurrently with a substantial redevelopment pursuant to Section 30.165.080B, Replacement of Demolished Nonconforming Structures, paragraph 9, Additions Prohibited.

B. Conforming Additions. Additions to nonconforming structures are allowed if the addition conforms with all development standards of this Title, the existing use and residential density of the property are conforming, and no addition is made that increases the nonconformity of the structure or site development.

C. Nonconforming Additions in Setbacks.

1. New Floor Area within Existing Structure. Additions of floor area, such as the creation of a mezzanine, or the conversion of attic or understory area to new floor area may be made to any portion of an existing structure that is located within setbacks, provided that the addition is constructed within the existing, fully-enclosed exterior walls and roof of a structure.

2. First Floor Addition in Interior Setback. A first-floor addition of new floor area that is located within an interior setback may be made to an existing residential building that is located within the interior setback, provided that the addition meets the following standards (see also Figure 30.165.050.C.2, First Floor Addition in Interior Setback):

a. The cumulative total of new floor area located within an interior setback is equal to or less than the first-floor area of the existing, nonconforming portion of the structure located within the same interior setback;

b. Additions may continue an existing nonconforming setback, provided that the addition does not encroach closer than four feet from the interior lot line, or the distance from the closest point of the existing structure to the interior lot line, whichever is greater;

c. The maximum cumulative length of the addition located within the interior setback shall not exceed 20 linear feet measured parallel to the lot line;

d. The height of the addition within the interior setback complies with the Height and Volume in Setbacks provisions of Section 30.165.040, Alterations to Nonconforming Development;

e. The existing use and residential density of the property is conforming; and

f. All other development standards are met.

D. Nonconforming Additions that Exceed the Maximum Floor Area Ratio. An addition of new floor area on a lot that is nonconforming as to the maximum floor area or where the proposed expansion is otherwise not allowed as specified in Section 30.20.030A, Maximum Floor Area Ratio is allowed as follows:

1. The addition is allowed pursuant to Section 30.165.060, Nonconforming Garages and Carports; or

2. The addition does not exceed 150 square feet of floor area, excluding covered parking, over the floor area legally existing on the lot as of June 7, 2007; and

3. Only one addition, excluding covered parking, is allowed; and

4. All other development standards are met.

E. Nonconforming Additions on Lots with Nonconforming Residential Density. An addition of new floor area on a lot containing nonconforming residential density may be allowed, as follows:

1. The residential floor area, excluding covered parking, on a lot existing as of October 1, 2017, may be increased by a maximum of 250 square feet through one or multiple additions to the existing residential main or accessory buildings. The addition may be provided as:

a. One common room or rooms that serve all units on-site (such as a laundry room, storage room, or recreation room); or

b. Multiple rooms assigned to individual units, with a maximum of 50 square feet per unit, provided the total does not exceed 250 square feet; and

2. All other development standards are met.

(Ord. 6217, 4/21/2026)

A. Existing Garages and Carports. In any zone, nonconforming garages and carports may be altered, expanded, demolished and reconstructed, or otherwise improved only for the purpose of providing covered parking that conforms to the City's Access and Parking Design Standards. Improvements for other uses, such as storage, workshops, or laundry rooms, are not permitted under this section. All such improvements are subject to the following provisions:

1. The number of proposed parking spaces must not exceed the minimum number of spaces required by Chapter 30.175, Parking Regulations.

2. The new setback of the resulting garage or carport shall be no less than the existing setback. Reductions to open yard area may be allowed in accordance with Section 30.165.100, Nonconforming Open Yard.

3. The interior dimensions of the resulting garage or carport shall be equal to or greater than those described in the City Access and Parking Design Standards, and the floor area shall not exceed 250 square feet per covered parking space.

4. Garages may be converted to carports, carports may be converted to garages, and garage doors may be altered or relocated.

5. There shall be no increase in the height of a structure or relocation of windows and doors within any setback, except as otherwise allowed under Section 30.165.040, Alterations to Nonconforming Development.

6. The resulting garage or carport shall not exceed the maximum height in the zone.

7. All other applicable development standards are met.

B. New Garages and Carports. New covered parking spaces, up to the minimum number required by this Title, may be constructed on lots containing nonconforming residential density, or on a lot that is nonconforming to the Maximum Floor Area Ratio provided:

1. The interior dimensions of the resulting garage or carport shall be no larger than those described in the City Access and Parking Design Standards, and the floor area shall be no larger than 250 square feet per covered parking space;

2. The new garage or carport is not on a lot developed with nonconforming uses; and

3. All other development standards are met.

(Ord. 6217, 4/21/2026)

A. Change of Use. Nonconforming uses may be changed subject to the following:

1. Allowed Uses. Any nonconforming use may be changed to a use that is allowed in the zone in which it is located.

2. Compatible Nonconforming Uses. Nonconforming uses may be changed to a compatible nonconforming use.

3. Incompatible Nonconforming Uses. Nonconforming uses shall not be changed to an incompatible nonconforming use.

B. Alterations to Structures Containing Nonconforming Uses. Nonstructural alterations to structures containing nonconforming uses that do not enlarge or relocate the area devoted to the nonconforming use are allowed provided there is no increase in the intensity of use, as defined in Section 30.300.090 "I". Structural alterations are limited as follows:

1. Compatible Nonconforming Uses. Structures containing compatible nonconforming uses may be structurally altered, provided that the alterations do not result in a substantial redevelopment and replacement pursuant to Section 30.165.080, Substantial Redevelopment and Replacement of Nonconforming Structures.

2. Incompatible Nonconforming Uses. Structures containing incompatible nonconforming uses may not be structurally altered.

C. Determination of Compatible or Incompatible Use. The Community Development Director shall determine whether an existing or proposed replacement nonconforming use is compatible or incompatible with the purpose of the zone and surrounding uses. Elements to be considered when making these determinations include, but are not limited to, the following:

1. Building Code occupancy classification;

2. Land Use Classification;

3. Noise;

4. Odors;

5. Vibration;

6. Air pollution including dust and other particulate matter;

7. Light or glare;

8. Visual or aesthetic impacts;

9. Hazardous materials; or

10. Other detrimental effects.

D. Lots with Both Nonconforming Uses and Conforming Uses. When a single lot contains both a nonconforming use and a conforming use, additions or alterations may be allowed only to the conforming structures, provided such changes do not expand, enlarge, or relocate the nonconforming use, intensify it, or increase any other site nonconformity.

(Ord. 6217, 4/21/2026)

A. Verification of Substantial Redevelopment. When, in the determination of the Community Development Director, there exists the potential for a project to result in a substantial redevelopment, the applicant shall submit written verification from a registered structural engineer certifying that the roof, exterior walls and foundation shown to remain are structurally sound and will not be required to be removed or replaced for the project. Prior to issuance of a building permit, the property owner and contractor shall sign an affidavit to the City that they are aware of the City's definition of a substantial redevelopment and the penalties associated with an unlawful substantial redevelopment.

B. Replacement of Demolished Nonconforming Structures. A nonconforming structure may be demolished or substantially redeveloped and replaced, provided that all of the following conditions are met:

1. Use. The Use Classification remains the same and demolition or substantial redevelopment and replacement of the nonconforming structure does not continue or perpetuate a nonconforming use. Accessory buildings may be converted from one type of accessory use to another (e.g., garage to workshop), provided the resulting use is consistent with applicable zoning regulations and development standards.

2. Height. The new structure shall not exceed the height of the existing structure, and the new structure shall comply with all current applicable height limitations.

3. Footprint. The replacement structure shall be located within the same footprint and in the same location on the lot as the existing structure. Exceptions to this limitation may be approved by the Community Development Director pursuant to Chapter 30.245, Minor Zoning Exceptions, upon finding the proposed location of the structure is safer or more appropriate that the previous existing location, in addition to the findings required pursuant to Chapter 30.245, Minor Zoning Exceptions.

4. Floor Area. The square footage of the replacement structure shall not exceed the square footage of the existing structure, unless otherwise allowed pursuant to Section 30.165.060, Nonconforming Garages and Carports.

5. Residential Units. The number of residential units in the resulting structure shall not be greater than the existing number of residential units.

6. Density. The new structure does not increase the unit size, the residential floor area, or the number of bedrooms, such that it would cause the residential density for the development to exceed the approved residential density.

7. Open Yard. The open yard shall not be less than existing.

8. Parking Spaces. The number of parking spaces shall be no less than the number of existing parking spaces.

9. Additions Prohibited. Except for conforming first floor additions not exceeding a cumulative total of 150 square feet per lot, additions allowed by this chapter shall not be permitted concurrently with a demolition or substantial redevelopment, or within five years following the completion of the demolition or substantial redevelopment of a structure, pursuant to Section 30.140.200, Substantial Redevelopment; unless otherwise allowed pursuant to Section 30.165.060, Garages and Carports. The addition shall not be considered completed until it passes a final inspection, or a Certificate of Occupancy has been issued.

10. Alterations Allowed. Any alterations and remodels shall comply with Section 30.165.040, Alterations to Nonconforming Development.

11. Encroachments Allowed. Encroachments into setbacks and open yards are allowed pursuant to Section 30.140.090, Encroachments.

12. Building Permit Required. The demolition or substantial redevelopment occurred pursuant to a valid building permit. All permits for new construction that are required under the Building Code shall be obtained either concurrently with the permit for the demolition or substantial redevelopment or while any discretionary approval is still valid.

C. Repair and Replacement of Damaged or Destroyed Nonconforming Structures. A nonconforming structure that is damaged, destroyed, or partially destroyed due to damage caused by fire, explosion, earthquake, or natural disaster which is not caused by an act or deliberate omission of the property owner, their agent, or person acting on their behalf or in concert with, may be restored or rebuilt and the occupancy and use may be continued or resumed subject to the restrictions in Section 30.165.080, Substantial Redevelopment and Replacement of Nonconforming Structures, with the following allowances:

1. Use. The demolition or substantial redevelopment and replacement of the nonconforming structure may continue or perpetuate a nonconforming use.

2. Height. The new structure shall not exceed the height of the existing structure, but is not required to comply with all current applicable height limitations.

3. Building Permit Required. The building permit for the reconstruction, restoration or rebuilding of the structure must be issued within three years of the occurrence of the damage or destruction. Any such reconstruction, restoration or rebuilding shall conform to all applicable adopted Building Codes in effect at the time of reconstruction.

4. Archive Plans. Plans existing in the City's archives and other available information shall be used to determine the size, location, use, and configuration of nonconforming structures. No additional discretionary review is required to rebuild the structure in accordance with the most current approved archive plans.

5. Unavailable Records. If the City is not able to verify the size, location, use and configuration of the nonconforming structures with the available information, the City shall send a notice to all owners of property within 100 feet of the subject property, advising them of the details of the applicant's request to rebuild, and requesting confirmation of the size, location, use, and configuration of the nonconforming structure that is proposed to be rebuilt. The public comment period shall be not less than 10 calendar days as calculated from the date that the notice was mailed.

(Ord. 6217, 4/21/2026)

A. Determination of Nonconformity. A fence or hedge shall be determined to be nonconforming by the Community Development Director upon receipt of sufficient evidence indicating that the fence or hedge existed in its present location on January 10, 1957 (the effective date of the first ordinance adopting the provisions of this section).

B. Continuation, Repair and Maintenance. Any nonconforming fence or hedge may be continued, repaired and maintained, provided there is no physical change other than necessary maintenance and repair in such fence or hedge. A maximum of 25% of the length of a nonconforming fence or hedge may be replaced within any 12-month period except as provided in Substantial Redevelopment and Replacement, below.

C. Substantial Redevelopment and Replacement. A fence or hedge may not be removed, demolished, or substantially redeveloped and replaced if it exceeds the height limitations allowed by this Title, except for fences as provided below.

1. The fence is a significant structure or feature associated with a designated City Landmark or Structure of Merit and the extent of repair, maintenance, or replacement occurs pursuant to Chapter 30.157, Historic Resources; or

2. The retaining wall is necessary to retain or support soil.

(Ord. 6217, 4/21/2026)

A. Reduction of Nonconforming Open Yard Prohibited. On a site that is nonconforming to any required open yard area pursuant to Section 30.140.140, Open Yards, no reduction in size or functional alteration of any existing open space is allowed unless:

1. The Community Development Director has first designated the area of the Nonconforming Open Yard per subsection B; and

2. The Director has determined that the proposed alterations meet all requirements of subsection C.

B. Designated Nonconforming Open Yard. On all lots with nonconforming open yard, the Community Development Director shall designate the Nonconforming Open Yard on an approved site plan, using the following procedure:

1. The Director must designate the largest, most usable area, or areas, that most closely meet the minimum dimensions, location, and standards pursuant to Section 30.140.140, Open Yards. These areas shall be used until the minimum area has been reached, if feasible. If multiple areas qualify, the Director shall determine which areas to include, based on the purpose of the Open Yard, as described in Section 30.140.140, Open Yards.

2. The Nonconforming Open Yard shall not include the following:

a. The front setback in the primary front yard;

b. The first 10 feet of the secondary front setback measured from the front lot line;

c. For Single-Unit or Two-Unit Residential Lots: Any area less than 10 feet in length and 10 feet in width.

d. For Multi-Unit Residential or Mixed-Use Lots: Any areas less than six feet in length and six feet in width.

C. Alterations to Nonconforming Open Yard. On a site that is nonconforming to any required open yard area pursuant to Section 30.140.140, Open Yards, new or reconstructed structures, or any additions and alterations to existing structures, may be allowed only if all of the following conditions are met:

1. The Designated Nonconforming Open Yard has been calculated pursuant to subsection B, and provides at least 50% of the minimum area required pursuant to Section 30.140.140, Open Yards;

2. The proposed project does not reduce any required private open yards or the Designated Nonconforming Open Yard; and

3. All other applicable development standards are met.

(Ord. 6217, 4/21/2026)