Santa Barbara — Nonconforming Uses

Last reviewed: July 2, 2026

Overview

This page summarizes how the City of Santa Barbara treats nonconforming uses, nonconforming buildings/structures, and nonconforming lots under the local zoning ordinance (commonly called Title 28 / zoning provisions). It explains what property owners may and may not do to legally nonconforming uses/structures, how reconstruction after damage works, and special rules that apply in certain zones (for example M-1 and the Riviera Campus, SP-7). All rules below are grounded in the City zoning code; citations point to the controlling code sections (with file source). Where the code does not provide a rule, that is stated.

Important related topics you may need while reading: Santa Barbara Zoning & planning overview, Santa Barbara Zoning, Santa Barbara Land Use, Santa Barbara Development Standards, Santa Barbara Parking, Santa Barbara Design Review, Santa Barbara Overlay Districts, Santa Barbara ADUs, and the state California Building Standards Code.

What the code says (core rules)

• A lawful nonconforming use or building may be continued, but with limits on expansion, reconstruction, or changes in intensity. See § 28.87.030 for the primary nonconforming provisions.
• If a nonconforming use or structure is discontinued or ceases for one year or more, the right to resume that nonconforming use is lost (with limited exceptions for areas impacted by governmental action). See § 28.87.030(5).
• A nonconforming use may be changed to another nonconforming use only if no structural alterations are made and the new use is of the same or a more restrictive classification (i.e., not more intense). See § 28.87.030(6).
• The ordinance defines specific allowable maintenance, minor exterior work, and limited additions to nonconforming buildings; major rebuilding or increases in area are restricted. See § 28.87.030.D (nonconforming buildings — permitted improvements, minor exterior changes, demolition/replacement conditions).
• Reconstruction after damage:
  • For nonresidential nonconforming buildings: if damage ≤ 75% of market value, rebuilding the same use is allowed provided reconstruction starts within 1 year and due diligence is shown; if damage > 75%, full compliance with current zone rules is required. See § 28.87.038.A.
  • For residential nonconforming buildings: replacement is allowed with multiple limits (no increase in net square footage beyond legally permitted prior size; no increase in number of dwelling units; special bedroom limits in certain zones; setbacks no less than before; parking not less than before; design review if normally required; compliance with Uniform Codes and building permits). See § 28.87.038.B.
• The nonconforming rules apply to uses becoming nonconforming because of later amendments to the title (zoning map/ordinance changes). See § 28.87.036.
• There are special demolition/replacement provisions for potentially hazardous nonconforming buildings subject to the Seismic Safety Ordinance, including limits on the replacement building's square footage, setbacks, parking, stories and review by the Architectural Board of Review or Historic Landmarks Commission. See § 28.87.045.
• Certificates of Occupancy for nonconforming uses existing at adoption must be issued and shall state the nonconforming status. See § 28.97.001.D.

District-by-district notes (what the nonconforming rules say per zone)

Below are district-specific points that the nonconforming provisions explicitly reference. Where the ordinance text included here does not list a zone’s full purpose/dimensional standards, that gap is called out.

Note: the code uses many zone names; the nonconforming chapters call out particular zones when applying special rules. Read each district subsection for the precise rule and the controlling §.

SP-7 — Riviera Campus Specific Plan Area

• Purpose / where it applies: The SP-7 district covers the Riviera Campus area; site-specific operating and area standards are listed in its plan. See § 28.47.030–040.
• Typical permitted uses: Campus, medical/educational/ancillary uses are described in the SP language (see the SP for complete use lists). Not all uses appear in the nonconforming chapter. Not found in retrieved materials: full permitted-use table for SP-7 in this extract. Verify with the SP text.
• Key dimensional/nonconforming standards: Maximum building height normally 35 ft; some campus buildings are maintained at higher, existing heights (Furse Hall 51.5 ft, etc.) and are explicitly treated as nonconforming to the height standard; reconstruction of damaged nonconforming buildings follows § 28.87.030.D and § 28.87.038. See § 28.47.050 and § 28.47.060.

C-O — Medical Office (C-O) Zone

• Purpose / typical uses: The code cross-references the C-O Medical Office Zone uses (see § 28.51.030 referenced in the code). The nonconforming and conditional-use rules refer back to C‑O for permitted medical-office uses. See § 28.47.030 and § 28.94.030.
• Nonconforming specifics: When residential bedroom counts are restricted during rebuild, C-1, C-2 and C-M and C-O are explicitly listed among zones where bedroom counts cannot increase after reconstruction (see § 28.87.038.B.3).
• Key dimensional standards: Not found in retrieved materials (full C‑O building height/setback numbers are not in the returned excerpts). Verify with the C‑O zone text in the full code.

M-1 — Light Industrial (M-1) Zone

• Purpose / typical uses: Industrial/manufacturing uses; code specifically treats residential uses in M-1 as subject to the residential nonconforming improvements rules. Not a full use list here. Not found in retrieved materials: full M‑1 permitted uses and dimensions. Verify with the M‑1 zone section.
• Nonconforming specifics: Buildings with residential uses in M-1 may be improved under § 28.87.030.E.1, but no increase in floor area or residential density is allowed for upgrades. See § 28.87.030.E.2 and § 28.87.030.E.1.

R-3, R-4, R-O, C-1, C-2, C-M, HRC-2, OC — various residential/commercial zones

• What the code says: These zones are singled out by the reconstruction rules: when a residential nonconforming building is rebuilt after damage, the number of bedrooms per dwelling unit in R-3, R-4, R-O, C-1, C-2, and C-M zones cannot be increased over what existed prior to damage. The code also defines residential density differently in these zones (density = dwelling units + bedrooms per unit). See § 28.87.038.B.3 and § 28.87.030.E.1.
• Key dimensional standards for each zone: Not found in retrieved materials (the specific setbacks, lot coverage, FAR for the R‑ and C‑series zones are not in the returned snippets). Verify with the individual zone sections in the zoning code.

Quick decision‑relevant standards (table)

Practical guidance & interpretation (plain-English)

• Keep nonconforming use activity to routine maintenance and interior upgrades; avoid adding floor area, dwelling units, or anything that increases use "intensity" (more parking demand, more traffic, more noise, hazardous materials). This stems from § 28.87.030.E.
• If your building is damaged, determine whether the damage is more or less than 75% of the structure’s market value (a City appraiser may be required) — this determines whether you can rebuild under the nonconforming rules or must conform to current rules (§ 28.87.038.A).
• For residential properties in zones called out by the code (for example R-3, C-1, C-M, etc.), bedroom counts and unit counts are specifically protected from increase when rebuilding — check § 28.87.038.B.3.
• Design review often still applies to rebuilds or exterior alterations; refer to the City's Design Review rules and the code language in § 28.87.038.B.6.
• For projects that interact with parking or accessory dwelling unit (ADU) rules (for example replacing a nonconforming garage with an ADU), consult the ADU chapter and the City Parking standards; the code explicitly allows some combined garage/ADU replacement under restrictions. See § 28.86 (ADU provisions) and § 28.87.030.D for nonconforming building replacement rules.

Checklist (what an applicant must satisfy before rebuilding or altering a nonconforming building or use)

• Confirm property’s nonconforming status with the City and obtain any existing Certificate of Occupancy noting nonconforming use (§ 28.97.001.D).
• For damaged buildings: obtain a market-value determination if required (City may request an appraisal) to apply the 75% test for nonresidential buildings (§ 28.87.038.A).
• Prepare plans that do not increase net square footage, number of dwelling units, or bedrooms (when those are protected by zone rules) unless the City directs otherwise (§ 28.87.038.B.1–3).
• Confirm setbacks/parking numbers to ensure replacement will not reduce setbacks or parking below what existed prior to damage (§ 28.87.038.B.4–5, § 28.87.045).
• Check whether design review (Architectural Board of Review or Historic Landmarks Commission) is required for exterior changes and obtain required approvals (§ 28.87.038.B.6).
• Obtain building permits and conform to the Uniform Codes and the state California Building Standards Code unless a historic-exemption applies (§ 28.87.038.B.7–8).
• If demolishing/replacing a potentially hazardous nonconforming building subject to seismic rules, prepare ABR/HLC submittal and tenant relocation plan if tenants will be displaced (§ 28.87.045).

Risks & Ambiguities

Plain-English Summary

If your property or business in Santa Barbara is legally nonconforming, you can generally keep it and do routine maintenance and interior upgrades, but you cannot increase the size or intensity of the nonconforming element (new units, more bedrooms, extra floor area, or increased parking/traffic). Rebuilding after damage is allowed under specific limits (including a 75% damage threshold for nonresidential buildings and strict limits for residential rebuilds); some projects still require design review or public notice. See § 28.87.030 and § 28.87.038 for the core rules.

Source References

• The City zoning code nonconforming provisions: § 28.87.030 (Uses permitted / Nonconforming buildings)
• Nonconforming uses resulting from ordinance amendments: § 28.87.036
• Reconstruction of damaged nonconforming structures (nonresidential and residential rules): § 28.87.038
• Demolition/replacement of potentially hazardous nonconforming buildings (Seismic Safety interplay): § 28.87.045
• Certificates of Occupancy for nonconforming uses: § 28.97.001.D
• Riviera Campus Specific Plan (SP‑7): operating standards, site area, height and setbacks: § 28.47.030–070
• Residential density and allowed improvements for properties with nonconforming residential density: § 28.87.030.E
• Accessory Dwelling Unit (ADU) rules that reference nonconforming garages and setbacks: § 28.86 (ADU chapter excerpts)

(If you need the full zone-specific numbers — setbacks, heights, lot coverage, FAR — those are in the individual zone chapters of Title 28; they were not available in the excerpts returned here. Verify with the City code or let me pull the specific zone chapter.)

Retrieved passages

• Santa Barbara Zoning Code (section shall) High relevance show source text
• CBC § 100 High relevance show source text
• Santa Barbara Zoning Code (title for) High relevance show source text
• Santa Barbara Zoning Code (§ 28.87.036.) High relevance show source text
• Santa Barbara Zoning Code (§ 28.87.030.) High relevance show source text
• Santa Barbara Zoning Code (Section 22.22.132) High relevance show source text
• Santa Barbara Zoning Code (title or) High relevance show source text
• CBC § 28.87.045 (§ 28.87.045.) High relevance show source text
• Santa Barbara Zoning Code (title may) High relevance show source text

Cited sections

• The City zoning code nonconforming provisions: **§ 28.87.030** (Uses permitted / Nonconforming buildings) (§ 28.87.030)
• Nonconforming uses resulting from ordinance amendments: **§ 28.87.036** (§ 28.87.036)
• Reconstruction of damaged nonconforming structures (nonresidential and residential rules): **§ 28.87.038** (§ 28.87.038)
• Demolition/replacement of potentially hazardous nonconforming buildings (Seismic Safety interplay): **§ 28.87.045** (§ 28.87.045)
• Certificates of Occupancy for nonconforming uses: **§ 28.97.001.D** (§ 28.97.001.D)
• Riviera Campus Specific Plan (SP‑7): operating standards, site area, height and setbacks: **§ 28.47.030–070** (§ 28.47.030)
• Residential density and allowed improvements for properties with nonconforming residential density: **§ 28.87.030.E** (§ 28.87.030.E)
• Accessory Dwelling Unit (ADU) rules that reference nonconforming garages and setbacks: **§ 28.86** (ADU chapter excerpts) (§ 28.86)
• SantaBarbara_ZoningCode.md

• Official Santa Barbara code library