Goleta — Nonconforming Uses

Last reviewed: July 2, 2026

Overview

This page summarizes how the City of Goleta’s zoning ordinance (Title 17) treats nonconforming uses, nonconforming structures, and nonconforming lots. It explains the pathway for continuation, limited expansion, restoration after damage, and the City’s affirmative termination/amortization process. All rules below are drawn from Chapter 17.36, and related provisions, of the Goleta zoning code.

When reading, note links to related topics you will likely need: Goleta Zoning, Goleta Development Standards, Goleta Parking, Goleta Design Review, Goleta Overlay Districts, Goleta ADUs, and the California Building Standards Code.

How Goleta defines and establishes nonconformities

• A lawful use, structure, or lot in existence when this Title (or an amendment) became effective that does not comply with current Title 17 standards is a nonconformity. Examples include nonconforming location, density, height, setbacks, open space, landscaping, parking, or the lack of a required discretionary permit. See § 17.36.020.
• Nonconformities may continue only under the prescriptions of Chapter 17.36; otherwise they may be found illegal and subject to enforcement under Chapter 17.69.

Chapter highlights (practical synthesis)

• Change of use:

  • A nonconforming use may be switched to a by‑right conforming use without discretionary review if it complies with the current standards for that by‑right use. Changing to a different use that is not by‑right requires a Use Permit. Nonconforming uses may not be changed to another nonconforming use. See § 17.36.030(A).

• Expansion and enlargement:

  • Minor expansion within a conforming structure is allowed; expansion within a structure that does not meet the Building Code is prohibited until the structure is brought up to code. Expanding a nonconforming use into another structure or lot that it did not occupy on the effective date is not allowed. See § 17.36.030(C). For building work and enlargement rules see § 17.36.050(C).

• Repair and restoration after damage:

  • A nonconforming building damaged up to 75 percent of replacement cost may be restored to its prior size if work starts within 24 months and replaced portions match the prior configuration. If damage exceeds 75 percent, the building must comply with the current Title 17 standards. See § 17.36.050(D).

• Discontinuance:

  • If a nonconforming use is discontinued, future uses must comply with the current district rules. Proof that a use was discontinued for 12 consecutive months is prima facie evidence of discontinuance. See § 17.36.030(D).

• Termination / amortization:

  • The City Council may order termination of previously permitted nonconforming uses after a noticed hearing; standard termination periods are one year (if the use does not occupy a structure) or five years (for other uses), but Council may set different timeframes and the owner may apply to extend via the Planning Commission (up to an additional 15 years by modification). The Planning Commission may require an amortization analysis at the applicant’s cost. See § 17.36.040(B–E).

• Involuntary nonconformities:

  • Conveyance to a public entity by eminent domain or similar is not treated as creating a nonconformity. See § 17.36.060.

• Relation to other chapters:

  • Previously approved Development Plans or Conditional Use Permits that authorized physical development prior to this Title are not treated as nonconforming for restoration purposes but remains subject to the original approvals and required clearances. See § 17.36.020(D).

District-by-district breakdown (where nonconformities commonly arise)

The City’s district names and tables (e.g., Table 17.07.030 for Residential, Table 17.08.030 for Commercial) define permitted uses and dimensional standards. Where Title 17 refers a nonconforming item back to the zone tables, Chapter 17.36 governs how the existing (nonconforming) condition may continue or be altered. The ordinance organizes districts into Residential, Commercial, Industrial, Mixed‑Use, etc.; below are the principal districts named in the code with what the ordinance shows about how nonconformities interact with each. For exact permitted use lists and numerical dimensional standards for each district consult the cited district tables (see source references).

Note: the ordinance uses district names like RS (RS‑43.6, RS‑20, RS‑12, RS‑10, RS‑8, RS‑7), RP, RM, RH, RMHP, CR, CC, OT, VS, CI, CG, IS, IG, and MU in its use and development tables (see Tables 17.07.030 and 17.08.030).

Residential districts — RS, RP, RM, RH, RMHP

• Purpose (ordinance context): provide standards for single‑ and multi‑family residential development and lot layout; minimum lot areas (e.g., RS‑43.6: 43,560 sq. ft., RMHP: 4,000 sq. ft.) appear in the development tables. See Table references in § 17.07.030.
• Typical permitted uses: single unit dwellings, multi‑family where allowed, accessory uses (see the district table). Nonconforming residential structures are allowed to be reconstructed under stricter restoration rules (exceptions for IS/IG industrial zones). See § 17.36.050(E) for residential reconstruction exceptions.
• Key dimensional standards and where it applies: minimum lot area and width and setbacks are set in Table 17.07.030 and related subsections; nonconforming lot rules are applied per § 17.24.060 when lots do not meet current minimums.
• Nonconforming implications: repairs and restorations allowed under § 17.36.050; damage‑over‑75% triggers full compliance.

Commercial districts — CR, CC, OT, VS, CI, CG

• Purpose: allow various commercial uses and some residential densities where mixed or allowed; development regulations are in Table 17.08.030 (see § 17.08.030).
• Typical permitted uses: commercial retail, office, service, limited residential per the table. Where a commercial use was lawfully established but would now be prohibited, Chapter 17.36 controls its continuation or change.
• Key dimensional standards: See the district development table for density caps, height, setbacks. Nonconforming expansion into another lot or structure not previously occupied is forbidden by § 17.36.030(C)(4).

Industrial districts — IS, IG

• Purpose: industrial operations and uses with related controls; special rules for oil/gas facilities cross‑refer to Chapter 17.37 which invokes Chapter 17.36 for nonconforming operations.
• Typical permitted uses: industrial/manufacturing, public utilities subject to table entries.
• Nonconforming implications: residential reconstruction exceptions specifically exclude IS and IG for the 24‑month reconstruction allowance after catastrophic damage (see § 17.36.050(D)(2–E)).

Mixed‑use / other zones — MU, overlays

• Purpose & permitted uses: mixed‑use zones and overlay districts combine standards from base zones and overlays; nonconforming provisions interact with overlay standards through the same Chapter 17.36 rules. Consult Goleta Overlay Districts and the base zone tables for exact standards.

If you need a parcel‑level determination about whether a particular building or use is legally nonconforming in a particular zone, Verify with the jurisdiction — the Director’s official determination is appealable per § 17.52.120.

Quick reference table — key nonconforming rules

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

• Demonstrate the use/structure/lot was lawfully established on the effective date (provide permits, dated photographs, tax/utility records). See § 17.36.020.
• If proposing a change of use, determine whether the new use is by‑right; if not, prepare a Use Permit application and findings as required by § 17.36.030(A).
• If proposing enlargement or structural alterations, determine whether the structure conforms to the Building Code; if not, plan to bring it up to the California Building Standards Code standards before any expansion per § 17.36.030(C)(2).
• If repair after damage, obtain a Building Official cost determination and ensure repair does not exceed 75% of replacement cost or else expect full compliance with current Title 17 per § 17.36.050(D).
• If facing a City termination order, prepare amortization economics and, if seeking extension, submit a modification application with required deposit and, if ordered, an amortization analysis per § 17.36.040(C–E).
• Verify off‑street parking and other development standard compliance; parking shortfalls are a frequent source of nonconformity claims (see Goleta Parking).

Risks & Ambiguities

Plain‑English summary

If a building, business, or lot in Goleta was lawful when it was created but doesn't meet today's zoning rules, it can usually stay for a while — but changes, expansions, or rebuilding are tightly limited. Small repairs are typically okay; major rebuilds or expansions usually must meet current rules. The City can order the nonconforming use to end after a public hearing, although owners may apply for amortized extensions. Key rules are in Chapter 17.36 of Title 17.

Information Gaps

• The uploaded material cites district tables (e.g., Table 17.07.030, Table 17.08.030) but the full, line‑by‑line permitted‑use lists and all numeric dimensional standards for every district are not fully reproduced in the retrieved snippets. For exact permitted uses and numeric setbacks/heights per district, consult the full Table entries in Title 17 (not all table cells were present in the provided materials). Not found in retrieved materials.
• Parcel‑specific determinations (whether a use is “lawfully established” on a given lot, or precise replacement‑cost calculations) must be verified with City records and the Building Official. Verify with the jurisdiction.

Source References

• Goleta Municipal Code, Title 17, Chapter 17.36 (Nonconforming Uses and Structures): § 17.36.010 – § 17.36.060.
• Goleta Municipal Code excerpts referencing Nonconforming Uses: § 17.36.020, § 17.36.030, § 17.36.040, § 17.36.050, § 17.36.060.
• Development and district tables (referenced): § 17.07.030, § 17.08.030, and Table cross‑references for residential and commercial district standards.
• Enforcement provisions: Chapter 17.69 (Enforcement).
• Relation of nonconforming rules to other chapters (e.g., oil & gas): Chapter 17.37 cross‑references 17.36.

Retrieved passages

• CBC § 6 (§ 6) High relevance show source text
• Goleta Zoning Code (chapter is) High relevance show source text
• CBC § 6 (Title but) High relevance show source text
• Goleta Zoning Code (§ 6) High relevance show source text
• Goleta Zoning Code High relevance show source text
• Goleta Zoning Code (§ 6) High relevance show source text
• Goleta Zoning Code High relevance show source text
• Goleta Zoning Code (§ 6) High relevance show source text

Cited sections

• Goleta Municipal Code, Title 17, Chapter **17.36** (Nonconforming Uses and Structures): **§ 17.36.010** – **§ 17.36.060**. (Title 17)
• Goleta Municipal Code excerpts referencing Nonconforming Uses: **§ 17.36.020**, **§ 17.36.030**, **§ 17.36.040**, **§ 17.36.050**, **§ 17.36.060**. (§ 17.36.020)
• Development and district tables (referenced): **§ 17.07.030**, **§ 17.08.030**, and Table cross‑references for residential and commercial district standards. (§ 17.07.030)
• Enforcement provisions: Chapter **17.69** (Enforcement).
• Relation of nonconforming rules to other chapters (e.g., oil & gas): Chapter **17.37** cross‑references **17.36**.
• Goleta_ZoningCode.md

• Official Goleta code library