Local zoning · Santa Barbara County

Santa Barbara County — Nonconforming Uses

Nonconforming Uses under the Santa Barbara County local zoning and planning code, with the controlling citations.

Last reviewed: July 6, 2026

Overview

This page explains how nonconforming uses, structures, and lots are treated in the unincorporated areas of Santa Barbara County under Article II (Coastal Zoning Ordinance), Division 10 — Nonconforming Structures and Uses. In short, a nonconformity that was lawful when established may continue, but the County’s policy is to avoid expansion and to gradually bring development into conformance with current zoning and development standards. Where overlay districts apply, those specific rules can supersede the general nonconforming provisions.

Plain-English core rule: A legal nonconforming use can keep operating, but generally cannot expand, and it risks losing its status if discontinued or if altered outside the narrow allowances provided by Division 10.

What counts as a “nonconforming” use or structure (and why it matters)

Intent. The County recognizes lawful pre-existing lots, structures, and land uses that do not meet today’s ordinance. They may continue, but only under strict limits designed to avoid perpetuating or enlarging nonconformities.
Continuing the use. A nonconforming use may continue “so long as such use remains otherwise lawful,” but it can’t be enlarged or structurally altered unless brought into a permitted use for the district, with narrow exceptions (e.g., certain historic landmarks; coastal-erosion-threatened SR-M/SR-H homes).
Extension/expansion. You may extend a nonconforming use throughout an existing building if no structural changes are made, but you may not extend that use outdoors or onto more land than it occupied when it became nonconforming.
Change of use. A nonconforming use may only be changed to a conforming use.
Parking constraint. If your use is nonconforming as to parking, you cannot intensify it in a way that would increase required spaces unless you make parking conform or secure a parking modification.
Abandonment. If a nonconforming use is discontinued for 12 consecutive months, that’s prima facie evidence of abandonment; any future use must conform.

Damage, disaster, and reconstruction rules

General 75% threshold. Where a nonconforming building or structure is damaged 75% or more of replacement cost, it generally may not be reconstructed unless the Zoning Administrator finds neighborhood impacts would be less than owner hardship; below 75%, restoration to the same or lesser size in the same general footprint may occur (subject to timing and other limits).
Single-family homes. Nonconforming single-family dwellings may be reconstructed to the same or lesser size in the same general footprint after natural disasters, with special allowances following debris flows (possible De Minimis Coastal Development Permit Waiver). Start work within 24 months and pursue it diligently.
Residential vs. industrial zone nuance. Nonconforming residential dwelling uses in industrial zones follow the nonresidential damage rules identified by the ordinance (confirm parcel zoning).
Design review triggers. If exterior design/specs change or the footprint is relocated, Board of Architectural Review may be required where the D-Design Control Overlay applies; there are tailored exceptions after debris flows. See design review.
“Construction in progress.” A project lawfully under way before a change that created the nonconformity can proceed under prior approvals if construction has been diligently carried out.

Termination, enforcement, and procedures

Termination for cause. After noticed hearing, the Board of Supervisors may order termination of certain nonconforming uses (e.g., if the use is a nuisance or can reasonably be made conforming without infringing constitutional rights).
Unpermitted expansions. Any expansion or change of a nonconforming use not expressly allowed may be ordered terminated after hearing.
Hearing process. The Board’s hearing procedures, evidence standards, and written decision timelines are specified in § 35-166.
Findings on permits. Development approvals must either conform to Article II or fall within limited exceptions for nonconforming development identified in § 35-161; parallel findings apply for Land Use Permits and Coastal Development Permits.

Limited, situation-specific exceptions

Historic landmarks. The County may allow structural alterations to help preserve landmarked structures (review by the County Historical Landmarks Advisory Commission; still subject to coastal resource limits). See historic preservation.
SR-M/SR-H structures threatened by coastal erosion. Limited structural alteration or relocation is allowed if: setbacks/height are met; required parking remains; no bedroom count increase unless allowed by these zones.
Limited exception for certain nonconforming residential units. In narrow circumstances, one existing building devoted to a legal nonconforming residential use on a legal lot may be enlarged or altered if the base zone allows residential by Coastal Development Permit, subject to criteria.
COVID-19 temporary expansions (expired upon termination of local emergency/ordinance). A now-time-limited provision let certain nonconforming uses expand outdoors to meet public health requirements (covering standards like setbacks, open space, parking, and signs); check status before relying on it. See signage.

District-by-District: how nonconforming rules play out where expressly addressed

Note: The nonconforming standards in Division 10 apply countywide in the coastal zone; the districts below are called out because the ordinance provides district-specific adjustments. For missing purpose/standard details, see “Information Gaps.”

SR-M

Purpose, typical permitted uses, key dimensional standards, and map extent: Not found in retrieved materials.
Nonconforming-specific: If the structure is threatened by coastal erosion, limited structural alteration/relocation is allowed if it meets setbacks/height, keeps required parking, and does not add bedrooms beyond what SR‑M allows.

SR-H

Purpose, typical permitted uses, key dimensional standards, and map extent: Not found in retrieved materials.
Nonconforming-specific: Same coastal-erosion allowance as SR‑M (meet setbacks/height, retain required parking, no net bedroom increase unless consistent with SR‑H).

Toro Canyon Plan Overlay (Division 15)

Purpose and boundaries: Not found in retrieved materials.
Nonconforming-specific highlights:
- Rebuilding nonconforming residential structures damaged by calamity to the same or lesser size in the same general footprint; commence within 24 months.
- In Existing Developed Rural Neighborhoods within or adjacent to ESH, like-for-like residential reconstruction; limited expansion away from ESH if biostandards are met.
- Ag support structures damaged by calamity may be rebuilt to same or lesser size/footprint (time-limited).
- Setback-nonconformities from rezoning: may enlarge if not increasing encroachment.
- Shore/bluff structures: no 50%+ addition or demolition/rebuild (>50% exterior walls) unless fully brought into LCP conformance.

Carpinteria Agricultural (CA) Overlay

Purpose: To steer greenhouse development on AG‑I coastal lands while protecting water quality, visual resources, and rural character; identifies Areas A and B with different caps/standards.
Typical permitted uses: Greenhouses, greenhouse-related development, packing/shipping; see overlay’s processing pathways (CDP vs CUP) by scale.
Key dimensional standards: Lot coverage caps, maximum heights (e.g., 30 ft for greenhouses; lower in view corridors), large front setbacks (e.g., 75 ft; 250 ft in view corridors), side/rear setbacks, ESH buffers.
Nonconforming-specific: Nonconforming greenhouse-related structures are addressed by Division 10; in some cases, heavily damaged structures can be rebuilt under the overlay to become conforming.

Montecito Community Plan Overlay (Division 16)

Purpose and boundaries: Not found in retrieved materials.
Nonconforming-specific: A damaged/destroyed nonconforming structure (and specific hotel provisions) may be reconstructed to the same or lesser size in the same general footprint within 24 months (one Director-approved extension possible).

D – Design Control Overlay

Purpose and boundaries: Not found in retrieved materials.
Nonconforming-specific: When damaged nonconforming structures are altered beyond prior specs or relocated, design review may be required if the site lies in the D Overlay; certain debris-flow cases are exempt unless design changes are substantial.

Industrial zones (e.g., M‑1, M‑2, M‑RP, M‑S‑GOL)

Purpose, typical permitted uses, key dimensional standards, and map extent: Not found in retrieved materials.
Nonconforming-specific: Nonconforming residential dwelling uses located in industrial zones are subject to the ordinance’s nonresidential damage standards. Verify parcel zoning.

Key rules at a glance

Topic	Rule of thumb	Applies to	Code Reference
Continue a nonconforming use	May continue if otherwise lawful; no structural enlargement unless changed to a conforming use (narrow exceptions).	Uses in buildings/structures	§ 35-161; § 35-160
Indoor extension	May extend throughout existing building if no structural changes; no outdoor expansion or area increase.	Uses in buildings/land	§ 35-161(2)
Change of use	Only to a conforming use.	All districts	§ 35-161(3)
Abandonment	12 months discontinuance is prima facie abandonment.	All nonconforming uses	§ 35-161(4)
Damage ≥75%	Reconstruction generally requires hardship finding by ZA; otherwise must conform.	Nonconforming structures	§ 35-162(2)(a)
Single-family dwellings	May rebuild same-or-lesser size in same footprint after disaster; 24 months to commence.	Nonconforming SFDs	§ 35-162(2)(c),(f)
Parking nonconformity	No intensification that increases required parking unless brought into conformance or modified.	Uses with parking deficits	§ 35-161(8)
Termination	BOS may terminate after hearing under specified findings; unpermitted expansions may be terminated.	All nonconforming uses	§ 35-164–§ 35-166; § 35-165
SR‑M / SR‑H coastal erosion	Limited structural alteration/relocation allowed if setbacks/height met, no loss of required parking, no added bedrooms unless allowed.	Threatened coastal sites	§ 35-161(1)(a)2
Toro Canyon overlay	Special rebuild/expansion allowances for residences in ESH buffers; ag support structure rebuilds; shore/bluff strict limits.	Toro Canyon Plan area	§ 35-194.5; § 35-194.6(8)
Montecito overlay	Rebuild same-or-lesser size in same footprint within 24 months.	Montecito overlay parcels	§ 35-214(2)

Practical tips

Document “lawful” status. Keep permits, plans, inspection records, and dated photos proving legal establishment and continuity (matters for abandonment and like-for-like reconstruction).
Watch 24‑month clocks. Post-disaster reconstruction windows in Division 10 and applicable overlays are strict; one Director extension may be possible with cause.
Overlays can control. Where rules in Toro Canyon or Montecito conflict with § 35‑162, overlay provisions typically prevail (with stated exceptions after debris-flow relocation). Check overlay districts.
Seismic retrofits are allowed. Work limited to earthquake safety compliance under the California Building Standards Code can be permitted even on nonconforming structures.
ADUs in the mix. Some overlay provisions count ADUs/JADUs as “residential structures” for reconstruction allowances; also note state California ADU law limits how agencies can use nonconforming conditions to deny ADUs.

Checklist

Confirm the use/structure was lawfully established before it became nonconforming (permits, approvals).
Identify base zoning and any overlays on the parcel (e.g., Toro Canyon, Montecito, CA Overlay) using Land Use resources.
Determine if the proposal is an “extension,” “intensification,” or “structural alteration,” and whether any limited exception applies (historic landmark, SR‑M/SR‑H coastal erosion, limited nonconforming residential exception).
If damaged, obtain an objective estimate of percent damage vs. replacement cost; plan like-for-like restoration and start within 24 months.
Check if design review is triggered by any design/footprint change in a D Overlay area.
Verify parking impacts; do not increase required spaces unless you can comply or obtain a modification.
If a change is needed to meet standards, consider variances and exceptions where legally available (use variances are not allowed).
For CA Overlay greenhouse sites, confirm overlay-specific caps, setbacks, heights, and whether Division 10 or overlay rules govern your situation.

Risks & Ambiguities

Issue	Why it matters	What to verify
Lawful status at inception	Unlawful uses don’t get nonconforming protections	Original permits/inspections/COs; prior zoning at time of establishment.
12‑month discontinuance	You can lose nonconforming status	Any gap in operations; leases/utility bills to show continuous use.
Percent damage threshold	Reconstruction rights hinge on the 75% test	Who determines replacement cost and when; written determination.
Overlay precedence	Toro Canyon/Montecito can override general rules	Which overlay controls; any stated exceptions (e.g., debris flow relocation).
“Extension/intensification” definitions	Small changes can be deemed expansions	Whether changes increase area, capacity, or parking demand.
Design Review in D Overlay	Relocated or redesigned rebuilds may require BAR	Whether site is in D Overlay; if debris-flow exception applies.
COVID-era allowances	Time-limited; not a permanent right	Whether temporary provisions are still in effect.

Information Gaps

Purpose statements, permitted uses, dimensional standards, and mapped extents for the base SR‑M and SR‑H districts: Not found in retrieved materials.
Purpose/boundaries for the Toro Canyon Plan Overlay and Montecito Community Plan Overlay: Not found in retrieved materials.
Detailed purposes/standards for specific industrial districts (e.g., M‑1, M‑2, M‑RP, M‑S‑GOL): Not found in retrieved materials.
Inland (non-coastal) LUDC provisions for nonconformities: Not found in retrieved materials.

Plain-English Summary

If you’re in the unincorporated areas, you can usually keep using a legal nonconforming property as-is, but you can’t make it bigger or more intense unless you bring it into conformance or fit a narrow exception. If a disaster strikes, most nonconforming homes can be rebuilt to the same size and footprint if you start within 24 months. Overlays like Toro Canyon, Montecito, and the Carpinteria Agricultural Overlay can fine‑tune these rules—so always verify what applies to your exact parcel.

Source References

§ 35-160 Purpose and Intent (Division 10 — Nonconforming Structures and Uses).
§ 35-161 Nonconforming Use of Land, Buildings and Structures (continuation; structural change; extension; change of use; parking; COVID provisions).
§ 35-162 Nonconforming Buildings and Structures (damage/reconstruction; SFDs; design review triggers; timing).
§ 35-163 Construction in Progress (grandfathering under construction).
§ 35-164 Termination of Nonconforming Uses (BOS authority).
§ 35-165 Unpermitted Expansion of Nonconforming Uses (termination).
§ 35-166 Termination Procedure (hearing procedures and findings).
§ 35-169.5 and § 35-178.5 (permit findings referencing limited exceptions for nonconformities).
Division 15 (Toro Canyon Plan Overlay): § 35-194.5–.6 (residential and agricultural nonconforming provisions; shore/bluff limits).
Division 16 (Montecito Community Plan Overlay): § 35-214 (reconstruction timelines and scope).
CA Overlay (Carpinteria Agricultural): § 35-102F (purpose, applicability, general requirements; conforming/nonconforming provisions).
Division 7: § 35-118.1 (general conformance; except as permitted as nonconforming).
State references for ADUs and nonconforming conditions (context only): 2025 HCD ADU Handbook.

Sources

Retrieved passages

Santa Barbara County Zoning Code (Section 35-163.) High relevance
Santa Barbara County Zoning Code High relevance
Santa Barbara County Zoning Code (Article to) High relevance
CBC § 30611 (Section 35-58) High relevance
Santa Barbara County Zoning Code (Article only) High relevance
Santa Barbara County Zoning Code (Section is) High relevance
CBC § 35 (Section 35-154.) High relevance
Santa Barbara County Zoning Code (Section 35.51C) High relevance
Santa Barbara County Zoning Code (Section 35-160.) High relevance
Santa Barbara County Zoning Code (Section 35-165.) High relevance
Santa Barbara County Zoning Code (Section 35-159.5.i.) High relevance
Santa Barbara County Zoning Code (Article and) Medium relevance
Santa Barbara County Zoning Code (§ 30611) Medium relevance
Santa Barbara County Zoning Code (Section 35-51C) Medium relevance
Santa Barbara County Zoning Code (Section 35-162) Medium relevance
Santa Barbara County Zoning Code (Article only) Medium relevance
Santa Barbara County Zoning Code (Section 35-102F.9.) Medium relevance

Cited sections

Official Santa Barbara County code library

Frequently asked questions

Can I keep operating a nonconforming business in unincorporated Santa Barbara County?

Generally yes, if it was lawfully established and remains lawful otherwise. But you can’t expand it into new space or outdoors, and structural alterations are tightly limited unless you convert to a conforming use or qualify for a specific exception.

How long can my nonconforming use be idle before I lose it?

If a nonconforming use is discontinued for 12 consecutive months, that is prima facie evidence of abandonment; future use must comply with current zoning. Keep records that show continuous operation.

Can I rebuild a nonconforming home after a fire or flood?

Yes. Nonconforming single-family dwellings can typically be rebuilt to the same or lesser size in the same general footprint after disasters if you start within 24 months and proceed diligently. Debris‑flow cases may be eligible for a De Minimis Waiver.

I’m in the Montecito Overlay. Are there different rules for rebuilding?

Yes. Within the Montecito Community Plan Overlay, a damaged/destroyed nonconforming structure may be rebuilt to the same or lesser size in the same general footprint if started within 24 months (one extension possible for good cause).

My house sits in SR‑M and is threatened by coastal erosion—can I alter it?

A limited allowance exists for SR‑M and SR‑H properties threatened by coastal erosion to alter or relocate structures if height/setbacks are met, required parking is kept, and bedrooms aren’t added beyond what the zone allows.

Can I increase seating at a nonconforming restaurant if I don’t add parking?

Not if it increases the required number of parking spaces. Uses that are nonconforming for parking cannot be intensified unless parking is brought into conformance or a modification is approved.

Does design review apply when I rebuild a damaged nonconforming building?

If the exterior design/specifications change or the footprint moves, and your site is in a D‑Design Control Overlay area, Board of Architectural Review may be required (with certain debris‑flow exceptions).

I’m in Toro Canyon near an ESH area. Can I expand my nonconforming residence?

If the residence is nonconforming only because it’s within an ESH buffer, it may be expanded upward or outward away from the ESH, if the expansion meets Toro Canyon biostandards and other applicable regulations.

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