Local zoning · Santa Maria

Santa Maria — Nonconforming Uses

Q: What is a "nonconforming use" in Santa Maria?

A nonconforming use is any lawful use that existed on the effective date of the zoning regulations but does not meet current zoning rules; see the Code definition at § 12-2.107 and the intent statement in § 12-31.01–.02 . § 12-2.107 , § 12-31.01–.02

Q: Can I keep operating a business that is nonconforming?

Yes — generally you can continue operation provided you do not increase the degree of nonconformity or expand floor/land area, subject to the conditions in § 12-31.03 . § 12-31.03

Q: If my building is damaged can I rebuild and keep the nonconforming use?

You can rebuild if the rebuilt structure is on the same site, is not enlarged or intensified, and meets building-safety rules; see § 12-31.05(c) and § 12-31.06 . § 12-31.05(c)

Q: What happens if I stop using the building for the nonconforming use?

If the nonconforming use is discontinued for six months or longer it is considered terminated and cannot be reestablished. § 12-31.05(a)

Q: My house sits inside a smaller-than-standard lot — can I change or add to it?

Narrow lots (average width < 60 ft ) have special side‑yard reduction rules (side yards may be reduced to 10% of lot width but not less than 3 ft ); residential side‑yard expansions for nonconforming single‑family dwellings may be allowed under the exception in § 12-31.07(c)(2) . § 12-31.12 , § 12-31.07(c)(2)

Q: Does nonconforming parking continue if I change uses?

Nonconforming parking may continue provided the use or structure is not expanded or intensified in a way that triggers additional parking under Chapter 12-32 ; "intensify" is defined in § 12-31.08 . § 12-31.08 , Chapter 12-32

Q: Can nonconforming rules stop me from building an ADU?

The City will not deny an ADU or JADU application solely because of an unrelated nonconforming zoning condition, building code violation, or unpermitted structure unless it presents a public health or safety threat or is affected by the ADU construction; see § 12-56.07 and the ADU chapter. § 12-56.07 Santa Maria ADUs

Q: If I want to enlarge a nonconforming commercial building, what rules apply?

Enlargement will be reviewed against § 12-31.03–.07 (no increase in nonconformity generally), Chapter 12-32 (parking), and the underlying commercial district standards (e.g., setbacks, height in CHAPTER 12-11 / 12-12 / 12-13 ). Where required, PD or CUP findings in § 12-35.203 will also apply. § 12-31.03–.07 , Chapter 12-32 , § 12-35.203

Q: Are there districts where Chapter 12-31 does not apply?

Yes — some chapters explicitly make Chapter 12-31 inapplicable to particular provisions (for example, Chapter 12-43 notes that Chapter 12-31 is inapplicable to certain downtown display rules). Always check the district chapter for exceptions. § 12-43.03

Q: Where do I look up numerical setbacks and heights that determine nonconformity?

Check the applicable base district chapter (e.g., § 12-6 for R‑1, § 12-7 for R‑2, § 12-8 for R‑3, § 12-11/12-13 for commercial) and the development standards figure in § 12-49.08 (Figure 2) for consolidated dimensional tables. Santa Maria Development Standards § 12-49.08 ---

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

Ask a question free See coverage

Last reviewed: July 2, 2026

Overview

This page summarizes how the City of Santa Maria treats nonconforming uses, nonconforming structures, nonconforming lots, and nonconforming parking under the local zoning code (Title 12). It cites the municipal code provisions that control continuance, change, modification and termination of nonconformities and gives district-level context for the most common zones where those rules matter. For the citywide zoning framework see the Santa Maria Zoning page.

Core rules (what the Code says)

What counts as a nonconformity: A "nonconforming use" is any lawful use existing on the effective date of the zoning rules that does not meet current standards; definitions for nonconforming uses/structures/lots/parking are in § 12-2.107 and Chapter 12-31. § 12-2.107 ; § 12-31.01–.02 .
Continued operation: A nonconforming use may continue so long as the degree of nonconformity is not increased and the use remains on the same land/floor area; increases are only allowed to bring the property closer to compliance and then only as the Planning Commission determines. § 12-31.03 .
Change to conforming use: A nonconforming use may be converted to a conforming use, but once changed it may not revert to the prior nonconforming use. § 12-31.04 .
Termination triggers (key thresholds):
- Discontinuance for six months or more = terminated. § 12-31.05(a) .
- Removal/raze/remodel such that removed portion cost ≥ 50% of fair market value of the structure = right to operate the nonconforming use terminates (remodel may be allowed if use is not expanded; Planning Commission may judge hazard). § 12-31.05(b) .
- Damage/destruction — rebuilding allowed only if on same site and not enlarged/intensified. § 12-31.05(c) .
- Industrial uses failing to meet performance standards may lose nonconforming rights after three years. § 12-31.05(d) .
Nonconforming structures: Generally may continue unless declared unsound by the building official; rehabilitation or rebuilding must meet the current California Building Standards Code (Title 24) and local building code rules. § 12-31.06 . See the California Building Standards Code for the building rules that apply. California Building Standards Code
Modification rules:
- A nonconforming structure may not be moved on the lot unless the move brings it into conformance. § 12-31.07(a) .
- Additions/modifications generally must make the whole structure comply with zoning, with limited exceptions for height/yard noncompliance. § 12-31.07(b–c) .
- Residential exception: an existing single-family dwelling nonconforming by side-yard may expand if the addition’s side-yard is equal to or greater than the existing and never less than 3 ft; additions may encroach up to 50% of the existing square-foot encroachment into the nonconforming side yard; second-stories must be set back 5 ft from the side property line. § 12-31.07(c)(2) .
- Multi-unit exception: in R-2 and R-3 districts additional attached units may be added under the same side-yard rules and architectural consistency requirements. § 12-31.07(c)(4) .
Nonconforming parking: May continue so long as the use or structures do not expand or intensify to the point additional parking is required under Chapter 12-32. "Intensify" means any change or expansion that triggers additional parking requirements. § 12-31.08 ; see Santa Maria Parking for the parking chapters. Santa Maria Parking
Nonconforming lots (setbacks and narrow lots):
- Where 50% or more of a block frontage is improved, front and corner-side setbacks may be the average of improved lots if less than the title’s standard. § 12-31.11(a) .
- Narrow lot rule: lots with average width < 60 ft can reduce side-yard widths to 10% of lot width but not less than 3 ft; corner-lot street-side yard not less than 10 ft. Exceptions: Planned Development permits. § 12-31.12 .
- Consolidation: where nonconforming lots have been functionally combined by building/parking crossing lot lines, they are treated as one building site and cannot be split to recreate nonconforming lots. § 12-31.13 .
Public utilities: Nonconforming public utility structures are exempt from termination solely because they are nonconforming; modernization, repair, replacement and rebuilding are allowed. § 12-31.14 .

Table: Quick reference to decision-relevant nonconforming rules

Rule / Issue	Key rule	Code Reference
Definition of "nonconforming use/structure/lot/parking"	Legal if lawful on effective date and since then nonconforming	§ 12-2.107, § 12-31.01–.02
Continuance (keep operating)	May continue if degree not increased; no area increase except to move toward conformance	§ 12-31.03
Termination — discontinuance	Discontinued ≥ 6 months = terminated; cannot reestablish	§ 12-31.05(a)
Termination — removal/raze	Removal/raze cost ≥ 50% of structure FMV = termination of right to operate	§ 12-31.05(b)
Structure modification — residential side-yard	Additions allowed if new side yard ≥ existing and ≥ 3 ft; encroachment ≤ 50% of existing encroachment; 2nd story setback 5 ft	§ 12-31.07(c)(2)
Nonconforming parking continuation	Can continue until use/structure intensifies so extra parking required	§ 12-31.08 and Chapter 12-32
Lots — narrow & block-average setbacks	Narrow lots < 60 ft; block-average front setbacks when 50% developed	§ 12-31.11–.12

District-by-district breakdown (purpose, typical uses, dimensional highlights, where Chapter 12-31 matters)

Note: the nonconforming rules in Chapter 12-31 apply citywide except where a specific chapter states inapplicability. For example, Chapter 12-43 makes Chapter 12-31 inapplicable to certain downtown retail/display rules — check the applicable district chapter for exceptions. § 12-43.03

R-1 (single‑family residential)

Purpose / where found: Established as the single-family district; regulations in CHAPTER 12-6. § 12-6.01–.07 .
Typical permitted uses: single‑family dwellings, accessory uses, home occupations, child day care (see list). § 12-6.03–.04 .
Key dimensional standards: Minimum lot and setbacks and accessory building rules are in § 12-6.07 ff.; see the R‑1 development sections for front/side/rear yard standards and height limits. § 12-6.06–.07 .
Where nonconforming rules matter: a pre‑existing R‑1 dwelling that does not meet current side-yard rules can expand under the residential exception in § 12-31.07(c)(2); narrow-lot setback relief referenced in § 12-31.12 may also apply. § 12-31.07(c)(2)

R-2 (medium‑density residential)

Purpose / where found: CHAPTER 12-7; allows duplexes, two detached units, accessory units. § 12-7.02–.03 .
Typical uses: duplexes, small multi-family, accessory dwelling units (subject to Chapter 12-56). § 12-7.03 .
Key standards: Figure 2 dimensional table gives R-2 building height 30 ft, front setback 20 ft, side setback 5 ft (see § 12-49.08). § 12-49.08 (Figure 2) .
Where nonconforming rules matter: R‑2 dwellings nonconforming due to side yards can add attached dwelling units per the local exception in § 12-31.07(c)(4). § 12-31.07(c)(4)

R-3 (high‑density residential)

Purpose / where found: CHAPTER 12-8; intended for higher-density apartments and group dwellings. § 12-8.02–.03 .
Typical uses: multi-unit apartments, live-work conditions where allowed. § 12-8.03 .
Key standards: Figure 2 and R‑3 chapter list height and setback standards (height 35 ft, front 20 ft, side 10 ft in the table). § 12-49.08 (Figure 2) .
Where nonconforming rules matter: additions for side-yard nonconformity use the same R‑district exceptions in § 12-31.07(c). § 12-31.07(c)

RSL-1 (Single‑family Small Lot)

Purpose / where found: CHAPTER 12-6A; created to allow smaller single-family lots and solar-oriented designs. § 12-6A.02–.03 .
Typical uses: single-family dwellings, accessory units, home occupations. § 12-6A.03 .
Dimensional notes: special yard/lot rules are in CHAPTER 12-6A; nonconforming lot rules such as narrow‑lot relief in § 12-31.12 may apply. § 12-31.12

RMH (mobile home park)

Purpose / where found: CHAPTER 12-9; RMH is for mobile home park uses and includes park‑level standards. § 12-9.02–.06 .
Typical uses: mobile home parks; strict park layout, setbacks, landscaping and pad rules apply. § 12-9.04–.19 .
Where nonconforming rules matter: mobile homes outside RMH are unlawful and nonconforming rights are constrained by RMH chapter; consult § 12-9.03 and Chapter 12-31 as applicable. § 12-9.03

CC, C-1, C-2 (commercial districts)

Where found: CHAPTER 12-11 (Convenience Center, CC), CHAPTER 12-12 (C-1 Central Business), C-2 General Commercial (CHAPTER 12-13). § 12-11.08–.11, § 12-12.04, § 12-13.08–.11 .
Typical uses / dimensional highlights: CC minimum lot size 1–3 acres, C‑2 minimum lot area 7,000 sq ft, C‑2 height up to 70 ft with fire-department review, and 40 ft adjacent to residential without a CUP. § 12-11.08, § 12-13.08–.09 .
Nonconforming considerations: Chapter 12-31 applies generally but some commercial chapters have specific nonconforming amortization or inapplicability (e.g., certain display rules or arcades). See § 12-11.05 and § 12-13 notes. § 12-11.05

M-1 / M-2 / CM / PF / Airport Service (AS‑II, AS‑III)

Where found: CHAPTER 12-16, 12-17, 12-21, 12-22, etc.; mixed‑use guidance and performance standards appear in § 12-49.08 and PD overlay rules in § 12-35. § 12-17.08–.12, § 12-21.04–.05, § 12-22.01–.03, § 12-49.08 .
Typical uses: light and general manufacturing, business park uses and airport-support activities in AS zones.
Nonconforming implications: industrial performance standards can terminate nonconforming rights if not brought into compliance within the three‑year period (see § 12-31.05(d)). § 12-31.05(d)

Note on overlays and PDs: Planned Development (PD) overlay rules may modify setbacks/density and therefore affect whether something is nonconforming; see the overlay rules in the PD chapters and Santa Maria Overlay Districts. § 12-35.203

Practical guidance / how the rules operate in practice

If you have a pre-existing use that doesn't meet today's rules, you generally can keep operating but avoid expanding the nonconforming portion; any proposed expansion is scrutinized under § 12-31.03–.07 and will usually require Planning Commission or Zoning Administrator review. § 12-31.03–.07
If damage or demolition is contemplated, estimate whether the repair/rebuild cost exceeds 50% of fair market value — exceed that and the nonconforming right can be lost (trigger in § 12-31.05(b)). § 12-31.05(b)
For parking: confirm whether your proposed change will "intensify" use in a way that triggers Chapter 12-32 parking minimums; if so, previously nonconforming parking cannot simply continue. § 12-31.08 See Santa Maria Parking.
ADU considerations: Santa Maria will not deny an ADU/JADU permit for an ADU project solely due to unrelated nonconforming zoning conditions unless those conditions create a health/safety threat or are affected by the ADU construction; see local ADU chapter and § 12-56.07 and the city ADU page. § 12-56.07 Santa Maria ADUs

Also see the local development standards chapter for the numeric setbacks and heights that determine nonconformity and for guidance on exceptions. Santa Maria Development Standards

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

Confirm whether the use/structure/lot/parking was lawful on the ordinance effective date (establish legal nonconformity). § 12-2.107, § 12-31.01–.02
Demonstrate the current footprint/floor area/land area that was in place on the effective date to show no increase. § 12-31.03
If proposing additions or relocation, verify whether the residential side-yard exception applies and calculate new setbacks (≥ existing, ≥ 3 ft, ≤ 50% encroachment allowance). § 12-31.07(c)(2)
If the structure was damaged, provide cost estimates to show whether repairs are < 50% of FMV or the build will be treated as new (affects nonconforming rights). § 12-31.05(b–c)
For parking, provide a parking study to show whether a change/intensification will trigger Chapter 12-32 minimums. § 12-31.08 Santa Maria Parking
For ADUs/JADUs, confirm the ADU chapter requirements and that the nonconforming condition is not a public health/safety threat that would block approval. § 12-56.07 Santa Maria ADUs
If seeking any modification or exceptions, be prepared to apply for PD/CUP or request Zoning Administrator action; the decision bodies require findings (see § 12-35 procedures and PD findings). § 12-35.203

Risks & Ambiguities

Issue	Why it matters	What to verify
50% raze/remodel threshold	Crosses a bright-line that can terminate a nonconforming right to operate	Obtain contractor/market FMV estimates; confirm calculation method with Building Division. § 12-31.05(b)
6‑month discontinuance rule	Temporary closures (e.g., COVID shutdowns) could be treated as permanent termination	Document continuous use or maintenance; collect utility bills, leases, business licenses showing activity. § 12-31.05(a)
What counts as "intensify" for parking	Unclear operational changes might trigger new parking requirements and loss of nonconforming parking	Compare proposed use to Chapter 12-32 triggers; get parking analysis. § 12-31.08, Chapter 12-32
Overlap with State ADU law	State ADU rules limit local nonconforming enforcement in some ADU contexts	Confirm with ADU chapter 12-56 and staff whether the nonconforming condition affects ADU construction. § 12-56.07
District-specific exceptions	Some chapters defer or exclude Chapter 12-31 (e.g., certain CC/C‑1 downtown rules)	Check the specific zoning chapter for inapplicability (e.g., § 12-43.03). § 12-43.03
Planned Development overlays (PD)	A PD may modify base standards so what is nonconforming can change	Review PD permit language and approved plans; check § 12-35.203 PD findings. § 12-35.203

Plain-English summary

If your property or business in Santa Maria was legal under older rules but doesn't meet current zoning, you can usually keep using it — but you can't make it more nonconforming, you risk losing that status if you stop operating for six months, demolish or rebuild more than half the structure, or intensify the use without meeting today’s parking or performance standards; check the precise tests in § 12-31 before you change anything. § 12-31.01–.14

Source References

Santa Maria Municipal Code, CHAPTER 12-31 (Nonconforming Uses, Structures, Lots and Parking): § 12-31.01–.14
Santa Maria Municipal Code, Definitions: § 12-2.107 (Nonconforming use)
Nonconforming‑specific provisions cited in text: § 12-31.03, § 12-31.04, § 12-31.05, § 12-31.06, § 12-31.07, § 12-31.08, § 12-31.11–12-31.14
District chapters cited (examples): CHAPTER 12-6 (R-1), 12-6A (RSL-1), 12-7 (R-2), 12-8 (R-3), 12-9 (RMH), 12-11 (CC), 12-12 (C-1), 12-13 (C-2), 12-17 / 12-16 (manufacturing/CM/M-1/M-2), 12-21/12-22 (AS‑II/AS‑III) — see those chapters for exact permitted uses and dimensional details.
ADUs and nonconforming zoning: § 12-56.07 (ADU/JADU treatment for nonconforming zoning conditions) and ADU chapter. § 12-56.07 Santa Maria ADUs
Parking requirements and measurement: CHAPTER 12-32 (Off‑Street Parking and Loading). § 12-32.01–.03 Santa Maria Parking
Planned Development / Use Permit standards and findings: CHAPTER 12-35, § 12-35.203. § 12-35.203
California Building Standards (for rebuilding & safety compliance): California Building Standards Code

Sources

Retrieved passages

CBC § 10 (§ 10-93) High relevance
CBC § 10 (§ 10-94.2) High relevance
CBC § 10 (§ 10-94.3) High relevance
CBC § 12 (Section 12-56.07.) High relevance
Santa Maria Zoning Code (Section 12-21.04.) Medium relevance
CBC § 66321 (§ 66321) Medium relevance
Santa Maria Zoning Code (section derives) Medium relevance
CBC § 12 (Chapter 12-12.03) Medium relevance
Santa Maria Zoning Code (§ 1) Medium relevance
Santa Maria Zoning Code (section derives) Medium relevance
Santa Maria Zoning Code (§ 1) Medium relevance
Santa Maria Zoning Code (§ 66314) Medium relevance
Santa Maria Zoning Code (Section 12-9.02.) Medium relevance
Santa Maria Zoning Code (Article 1) Medium relevance
CBC § 12 (Chapter 42) Medium relevance
Santa Maria Zoning Code (§ 1) Medium relevance
Santa Maria Zoning Code (§ 10-75.4) Medium relevance
CBC § 10 (CHAPTER 12-31.) High relevance
Santa Maria Zoning Code (§ 10-80.3) High relevance
Santa Maria Zoning Code (section derives) Medium relevance
Santa Maria Zoning Code (§ 1) Medium relevance
Santa Maria Zoning Code (§ 10-82.3) Medium relevance
California Building Code Medium relevance

Cited sections

Official Santa Maria code library

Frequently asked questions

What is a "nonconforming use" in Santa Maria?

A nonconforming use is any lawful use that existed on the effective date of the zoning regulations but does not meet current zoning rules; see the Code definition at § 12-2.107 and the intent statement in § 12-31.01–.02. § 12-2.107, § 12-31.01–.02

Can I keep operating a business that is nonconforming?

Yes — generally you can continue operation provided you do not increase the degree of nonconformity or expand floor/land area, subject to the conditions in § 12-31.03. § 12-31.03

If my building is damaged can I rebuild and keep the nonconforming use?

You can rebuild if the rebuilt structure is on the same site, is not enlarged or intensified, and meets building-safety rules; see § 12-31.05(c) and § 12-31.06. § 12-31.05(c)

What happens if I stop using the building for the nonconforming use?

If the nonconforming use is discontinued for six months or longer it is considered terminated and cannot be reestablished. § 12-31.05(a)

My house sits inside a smaller-than-standard lot — can I change or add to it?

Narrow lots (average width < 60 ft) have special side‑yard reduction rules (side yards may be reduced to 10% of lot width but not less than 3 ft); residential side‑yard expansions for nonconforming single‑family dwellings may be allowed under the exception in § 12-31.07(c)(2). § 12-31.12, § 12-31.07(c)(2)

Does nonconforming parking continue if I change uses?

Nonconforming parking may continue provided the use or structure is not expanded or intensified in a way that triggers additional parking under Chapter 12-32; "intensify" is defined in § 12-31.08. § 12-31.08, Chapter 12-32

Can nonconforming rules stop me from building an ADU?

The City will not deny an ADU or JADU application solely because of an unrelated nonconforming zoning condition, building code violation, or unpermitted structure unless it presents a public health or safety threat or is affected by the ADU construction; see § 12-56.07 and the ADU chapter. § 12-56.07 Santa Maria ADUs

If I want to enlarge a nonconforming commercial building, what rules apply?

Enlargement will be reviewed against § 12-31.03–.07 (no increase in nonconformity generally), Chapter 12-32 (parking), and the underlying commercial district standards (e.g., setbacks, height in CHAPTER 12-11 / 12-12 / 12-13). Where required, PD or CUP findings in § 12-35.203 will also apply. § 12-31.03–.07, Chapter 12-32, § 12-35.203

Are there districts where Chapter 12-31 does not apply?

Yes — some chapters explicitly make Chapter 12-31 inapplicable to particular provisions (for example, Chapter 12-43 notes that Chapter 12-31 is inapplicable to certain downtown display rules). Always check the district chapter for exceptions. § 12-43.03

Where do I look up numerical setbacks and heights that determine nonconformity?

Check the applicable base district chapter (e.g., § 12-6 for R‑1, § 12-7 for R‑2, § 12-8 for R‑3, § 12-11/12-13 for commercial) and the development standards figure in § 12-49.08 (Figure 2) for consolidated dimensional tables. Santa Maria Development Standards § 12-49.08 ---

Ask about any Santa Maria property

Get a cited, plain-English answer on Santa Maria zoning, setbacks, FAR, ADUs and permits — for any address.

Start Free Trial