Local zoning · Santa Monica

Santa Monica — Nonconforming Uses

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

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Last reviewed: July 2, 2026

Overview

This page summarizes how the City of Santa Monica treats nonconforming uses, nonconforming structures, and related nonconforming conditions under the Santa Monica Municipal Code (Title 9, Article 9 — commonly known as the zoning ordinance). The local rules are collected in Chapter 9.27, Nonconforming Uses and Structures; they define what stays legal, what must stop, when rebuilding is allowed after damage, and how expansions, relocations and abandonment are handled. See the Chapter's purpose and definitions in § 9.27.010 and § 9.27.020 for the controlling definitions and intent.

Note: This page sticks to zoning rules only (not Title 24 building-code compliance or tenant/housing law). For building-code references consult the California Building Standards Code. (/us/california/building-codes)

Core rules (what the Code actually says)

  • The ordinance defines lawful nonconforming use and lawful nonconforming structure and treats nonconforming parking separately; see § 9.27.020 for the definitions and baseline rules.

  • Repairs and alterations to nonconforming structures are generally allowed; additions are allowed only if the added portion conforms to the current district standards. See § 9.27.030(A–B).

  • Demolition of a nonconforming building causes loss of its legal nonconforming status — rebuilding must generally comply with current standards — with limited exceptions (historic resources, minimal structural-only replacement for commercial/industrial, or post-disaster reconstruction pursuant to § 9.27.040). See § 9.27.030(F) and § 9.27.040.

  • Abandonment: a nonconforming use that ceases for one continuous year is presumed abandoned and its nonconforming rights terminate (special protections for residential uses are noted). The one‑year clock begins when any of several indicators occur (business license lapse, utilities cut off, site vacated, etc.). See § 9.27.050(B).

  • No intensification: a nonconforming use may not substantially change its mode or character (examples: extended hours, more than a 5% increase in floor area or seats for restaurants, etc.). See § 9.27.050(E).

  • Special rules for certain categories: nonconforming residential units subject to local rent-control, “rent-control bootleg” units, and nonconforming parking lots in residential districts have separate provisions; see § 9.27.090 and § 9.27.110.

  • If the Code requires elimination of a nonconformity, the City will not issue further building permits or certificates of occupancy for continuation of that nonconforming use. See § 9.27.070.

  • Public utilities and government facilities are not required to be removed under this Chapter unless the use or land area is enlarged; see § 9.27.060.

Practical cross-references: when you evaluate additions or replacements you must check the city's underlying development standards (/us/california/santa-monica/development-standards) and parking requirements (/us/california/santa-monica/parking). Proposed rebuilding or exterior changes commonly trigger design review (/us/california/santa-monica/design-review), and modifications involving historic features must coordinate with the City's historic preservation rules (/us/california/santa-monica/historic-preservation).

District-by-district breakdown (how nonconforming rules interact with key Santa Monica districts)

Below are Santa Monica district names used in the zoning code and how the nonconforming rules in Chapter 9.27 specifically interact with them. Bolded district names and numeric standards appear where established text is available in the retrieved ordinance excerpts.

R1 — R1 Single‑Unit Residential District

  • Purpose: preserve single‑family character; regulate house size, setbacks, stepbacks, accessory structures and ADUs. See R1 development and review provisions.
  • Typical permitted uses: single‑unit dwellings, accessory dwelling units where allowed under § 9.31.025.
  • Key dimensional standards and review triggers (examples found in the zoning sections):
    • Architectural review is generally exempt for projects that conform to district standards, but the Architectural Review Board reviews proposed duplexes, additions of 50%+ floor area, or projects on parcels with a 12.5 ft or greater front‑to‑rear grade differential; see the R1 development rules.
    • For accessory buildings and ADUs in R1, side and rear setbacks for many ADU types are 4 ft unless otherwise noted; see § 9.31.025 (ADU rules).
  • How nonconforming rules apply: nonconforming structures in R1 may be repaired and in some cases expanded only if the addition complies with current district development standards; demolition generally eliminates nonconforming rights (exceptions for historic resources and narrow structural-repair-only work—see § 9.27.030(F)).

BC — BC (Third Street Promenade Area)

  • Purpose: pedestrian retail/entertainment core with special rules for the Promenade.
  • Typical permitted uses: ground-floor retail, restaurants, entertainment, and some residential conversions; ADUs and multiple‑unit dwellings appear in the downtown land‑use tables where allowed.
  • Key nonconforming rule: properties directly facing the Third Street Promenade developed under an approved Development Review Permit (DRP) may remove and replace any nonconforming floor area and thereby retain the floor area and FAR development rights granted by the DRP and/or original building permit; rebuilt floor area may be relocated within the existing building envelope subject to conditions. This special allowance is in § 9.27.030(C)(2).
  • Where it applies: central downtown BC (Third Street Promenade Area); check Table 9.10.040 for land‑use specifics.

Downtown Districts (LT, NV, BC, TA, OT, WT)

  • Purpose: downtown mixed retail/commercial/residential districts each with separate use tables. See Table 9.10.040 for exact use permissions.
  • Typical permitted uses: vary by subdistrict; ADUs and multiple‑unit dwellings are allowed in many downtown subdistricts under conditions.
  • Notable nonconforming rule: the Code allows relocation of existing legal nonconforming pawn shops within the Downtown districts (except the Ocean Transition (OT) District) while retaining nonconforming status in the new downtown location — an explicit, district‑specific carve‑out in § 9.27.050(H). Verify dates and eligibility.

Oceanfront — OF / Oceanfront District

  • Purpose: regulate development along the oceanfront and the Pier/boardwalk area.
  • Typical permitted uses: beach‑oriented commercial/recreation, tourist uses, limited residential where listed.
  • Key dimensional standards (examples pulled from the OF table): maximum building height and specific street frontage and rear setback rules are listed in Table 9.14.030; floor-area exclusions (e.g., outdoor commercial space) are noted. When evaluating nonconforming structures in the Oceanfront District, use § 9.27.030–040 for rebuild/repair rules and Table 9.14.030 for applicable dimensional standards.

OP — OP (Ocean Park) District and other Neighborhood Commercial districts

  • Purpose: neighborhood‑scale commercial/residential mix; projection, stepback and projection rules are district‑specific.
  • Typical permitted uses: neighborhood retail and services, limited residential.
  • Interaction with nonconforming elements: projections and permitted encroachments into nonconforming setbacks are regulated (see Table 9.21.110 and the note that projections into existing nonconforming setback areas are permitted only if they would not extend closer to the parcel line than current standards allow). See § 9.21.110 and apply § 9.27.030 for additions.

Quick reference table — decision‑relevant rules

Issue or action What the Santa Monica Code allows or requires Code reference
Legal definitions and baseline “Lawful nonconforming use/structure” definitions; nonconforming parking treated separately § 9.27.020
Repairs/alterations to nonconforming structures Repairs and in‑kind alterations permitted; additions only if new work conforms to district standards § 9.27.030(A–B)
Demolition Demolition causes loss of legal nonconforming status except limited historic/structural exceptions § 9.27.030(F)
Restoration after disaster Damaged structures can be restored to pre‑damage density and envelope subject to application and time limits § 9.27.040
Abandonment Continuous cessation of use for 1 year → presumed abandonment; residential uses treated specially § 9.27.050(B)
Intensification / change of character No substantial change in mode or character; examples include >5% increase in floor area or seats for restaurants, or extended hours § 9.27.050(E)
Parking lots in residential districts Existing residential parking lots can remain under specific conditions; may revert to residential use if conditions fail § 9.27.110
Building permits after required elimination Once elimination is required, no permit or C.O. shall be issued to continue/expand the nonconforming condition § 9.27.070

Checklist — what an applicant must satisfy (typical)

  • Demonstrate the use or structure was lawfully established and has not been abandoned (gather business licenses, active utilities, lease records) — see § 9.27.020 and § 9.27.050(B).
  • Confirm that proposed repairs, additions, or replacements either are in‑kind or that any new area complies with current development standards (/us/california/santa-monica/development-standards) and district regulations — see § 9.27.030(B).
  • If rebuilding after damage, file a damaged‑structure restoration application and obtain building permits within the stated time limits (permit required within 2 years, or 3 years if a DRP is required; extensions possible) — see § 9.27.040.
  • Verify parking obligations under Chapter 9.28; nonconforming parking is preserved only if existing spaces are not reduced below the ordinance requirement — see § 9.27.020 and Chapter 9.28 (/us/california/santa-monica/parking).
  • If the property is a City‑Designated Historic Resource, consult Historic Preservation (/us/california/santa-monica/historic-preservation) because different replacement/feature‑reconstruction allowances exist (Secretary of the Interior Standards) — see § 9.27.030(C)(1).
  • For any non‑routine exterior changes, check whether design review (/us/california/santa-monica/design-review) or a Development Review Permit is required.

Risks & Ambiguities

Issue Why it matters What to verify
Legal establishment of the use If the use was never lawful, nonconforming protections do not apply Verify permits, business licenses, and historical evidence; Code requires applicant evidence for nonconforming status — § 9.27.050(B).
Abandonment clock (1 year) A lapse >1 year terminates nonconforming rights Confirm continuous operation, timing of utilities, lease termination; see § 9.27.050(B)(1–3).
Whether a proposed change is an “intensification” Small increases (example 5% floor area) can be treated as intensification and may require permits or terminate nonconforming status Verify thresholds and examples in § 9.27.050(E); document existing square footage/seating/operating hours.
Demolition and rebuilding Demolition usually removes nonconforming status; limited exceptions exist for historic or limited structural replacement If demolition is planned, confirm exception eligibility in § 9.27.030(F) and consult Historic Preservation rules if relevant.
Parking counted as nonconforming Nonconforming parking is preserved only if existing spaces are not reduced; adaptive reuse can affect parking obligations Check Chapter 9.28 and § 9.27.020; for adaptive reuse incentives see the adaptive reuse section (references in Chapter 9.25/9.31).
Parcel- and project‑specific triggers for review Grade differentials, story additions, or stepback nonconformities may force Architectural Review or Major Modifications Verify R1 triggers and ARB thresholds in the district development sections and § 9.55 / § 9.43 for review findings.

If anything above is uncertain for your parcel, Verify with the jurisdiction (City Planning) and request a formal zoning determination.

Plain‑English summary

If your building or business lawfully existed under earlier rules but no longer meets today’s zoning rules, Santa Monica’s Chapter 9.27 generally lets you keep occupying and maintaining it, but you cannot abandon it for a year, demolish it and rebuild the old status, or substantially intensify its operations; repairs are allowed and limited rebuilding after damage is possible under specific timeframes and review paths.

Source References

  • Chapter 9.27, Nonconforming Uses and Structures — Purpose and definitions § 9.27.010, § 9.27.020.
  • § 9.27.030, Legal Nonconforming Structures (repairs, additions, demolition exceptions).
  • § 9.27.040, Restoration of Damaged Nonconforming Structures (applications, time limits).
  • § 9.27.050, Legal Nonconforming Uses (change of ownership, abandonment, intensification examples).
  • § 9.27.060, Public Utility Exception; § 9.27.070, Building Permits and Certificates of Occupancy Prohibited.
  • § 9.27.090, Rent Control Bootleg Units; § 9.27.100, Continuation of Nonconforming Uses; § 9.27.110, Parking Lots in Residential Districts.
  • Downtown land‑use table and BC Promenade notes: Table 9.10.040 (Downtown Districts) and applicable subsections; see § 9.10.040 references.
  • Oceanfront District standards: Table 9.14.030 and related development standards.
  • ADU/JADU rules and setbacks: § 9.31.025 (Accessory Dwelling Units and Junior ADUs).
  • Projections into setbacks and allowed encroachments: § 9.21.110 (Table 9.21.110).

For quick navigation to related pages used in this guidance: Santa Monica zoning and planning overview (/us/california/santa-monica); Santa Monica Zoning (/us/california/santa-monica/zoning); Santa Monica Land Use (/us/california/santa-monica/land-use); Santa Monica Development Standards (/us/california/santa-monica/development-standards); Santa Monica Parking (/us/california/santa-monica/parking); Santa Monica Design Review (/us/california/santa-monica/design-review); Santa Monica Overlay Districts (/us/california/santa-monica/overlay-districts); Santa Monica Historic Preservation (/us/california/santa-monica/historic-preservation); Santa Monica ADUs (/us/california/santa-monica/adu); California Building Standards Code (/us/california/building-codes).

Sources

Retrieved passages

  • Santa Monica Zoning Code (Article XVIII) High relevance
  • Santa Monica Zoning Code (§ 1) High relevance
  • Santa Monica Zoning Code (§ 1) High relevance
  • Santa Monica Zoning Code (§ 1) High relevance
  • Santa Monica Zoning Code (Section shall) High relevance
  • Santa Monica Zoning Code (Section shall) High relevance
  • Santa Monica Zoning Code (Section shall) High relevance
  • Santa Monica Zoning Code (§ 1) High relevance
  • Santa Monica Zoning Code (§ 1) High relevance
  • CBC § 9.52.020 (§ 9.52.020.) Medium relevance
  • CBC § 66314 (§ 66314) Medium relevance
  • Santa Monica Zoning Code Medium relevance
  • Santa Monica Zoning Code (Chapter 9.64) Medium relevance

Cited sections

Frequently asked questions

What is a lawful nonconforming use in Santa Monica?

A lawful nonconforming use is an occupancy or activity that was lawfully established under the rules in effect when it began but that no longer complies with current ordinance provisions; it remains legal so long as it has not been abandoned and continues to comply with Chapter 9.27 requirements. See § 9.27.020.

How long before a nonconforming use is considered abandoned?

If a nonconforming use ceases for a continuous period of one year or more, it is presumed abandoned and the space must be used only in conformance with current district regulations (with limited exceptions for residential uses). See § 9.27.050(B).

Can I add to or expand a nonconforming building in Santa Monica?

You may repair or alter a nonconforming building, but an addition or enlargement is permitted only if the new work is made to conform to the current development standards and use regulations for the district. See § 9.27.030(B).

If my nonconforming building is destroyed by earthquake or fire, can I rebuild it as it was?

Yes — a damaged or destroyed nonconforming structure may be restored or replaced to its prior density, parking, footprint and height subject to the requirements and timelines in § 9.27.040 (application process and permit deadlines). Verify required approvals and building‑permit timeframes.

Does a change of ownership affect nonconforming status?

No. A change of ownership, tenancy, or management does not affect the legal nonconforming status; the use can continue under the same nonconforming rights so long as the other Chapter rules (abandonment, intensification limits) are observed. See § 9.27.050(A).

Are there limits to intensifying an existing nonconforming commercial use?

Yes. A nonconforming use may not substantially change its mode or character — examples explicitly provided include extending hours beyond specified times, a 5% increase in floor area or a 5% increase in seats for restaurants; see § 9.27.050(E) for examples.

What happens to nonconforming parking if I redevelop?

Nonconforming parking is not considered a nonconforming condition solely because it lacks current required on‑site parking, but parking provided as of the ordinance adoption must not be reduced below the ordinance requirement; see § 9.27.020 and refer to Chapter 9.28 for details.

Can a nonconforming pawn shop relocate downtown and keep its rights?

Santa Monica has a narrowly tailored rule allowing existing legal nonconforming pawn shop establishments located in the Downtown as of a specified date to relocate anywhere within the Downtown districts except the Ocean Transition (OT) District and retain nonconforming status at the new downtown location; check § 9.27.050(H) and the eligibility date in the ordinance.

Do historic resources get special treatment when nonconforming features are removed?

Yes — nonconforming architectural features on a City‑Designated Historic Resource may be reconstructed or replaced if the Landmarks Commission finds the work contributes to historic integrity and conforms to the Secretary of the Interior’s Standards; see § 9.27.030(C)(1). Consult the City’s historic preservation rules.

If the City says my nonconforming use must end, can I still get a building permit to change it?

No — when the Code requires elimination of a nonconforming building or use, the City will not issue a building permit or Certificate of Occupancy to further continue, alter, or expand that nonconforming condition; see § 9.27.070.

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