Santee — Nonconforming Uses

Last reviewed: July 2, 2026

Overview

Santee’s zoning code treats nonconforming uses, structures, and lots as lawful remnants of earlier regulations that the City limits so they do not expand or extend indefinitely. The City authorizes the Planning Director to determine nonconforming status, allows maintenance and limited repair/restoration, but restricts enlargement, re‑establishment after abandonment, and reconstruction after major destruction. See § 13.04.110 for the core rules.

How this page is organized

• District-specific notes below use the City’s actual district names (e.g., R-1, R-2, OP, NC, GC, HL) and cite the tables and sections that establish dimensional standards and the nonconforming rules that apply to them.
• Where the code creates special rules (for example for wireless facilities or ADUs), those rules are called out with the controlling §.
• Links in the prose point to related Santee reference pages: parking, development standards, design review, overlays, ADUs, and the California building code.

Key legal rules (short list)

• The City defines nonconforming use, nonconforming structure, and nonconforming lot in § 13.04.140; the operative controls are in § 13.04.110.
• A nonconforming use or structure may be continued and maintained, but may not be enlarged in ways that increase the nonconformity except as allowed by § 13.04.110(G) (minor additions for single‑family homes or a Director minor CUP for other uses).
• If a nonconforming use is discontinued or abandoned for 180 continuous days, it cannot be reestablished. § 13.04.110(E).
• A structure damaged ≤50% may be restored and the nonconforming use resumed if reconstruction begins within one year and is diligently pursued; damage >50% or voluntary razing removes the right to restore as nonconforming. § 13.04.110(F).

District-by-district notes (where the code supplies district standards)

NOTE: The nonconforming rules in § 13.04.110 apply citywide; the district subsections below summarize district purpose / typical uses and list the code’s dimensional standards that determine whether a structure or lot would be nonconforming. Always confirm parcel‑specific status with the City.

R-1 (Single-Family Residential)

• Purpose / typical permitted uses: single‑family homes and customary residential accessory uses. (Definitions and base residential use rules appear throughout Chapter 13.10; see ADU rules for accessory dwellings). Not found in retrieved materials for a standalone “purpose” paragraph — verify with the jurisdiction.
• Key dimensional standards (decision‑relevant): minimum lot size after split 1,200 sf, maximum lot coverage 30%, front setback 20 ft, interior side 4 ft, rear 4 ft, height 16 ft (one story). These numbers are shown in the urban lot split/unit standards table that includes R-1.
• Where it applies: single‑family neighborhoods identified by the City’s zoning map; nonconforming structures in R-1 are handled under § 13.04.110.

R-1A (Lower-density single-family variant)

• Purpose / typical uses: very similar to R-1 but with slightly different coverage and lot standards. Not found in retrieved materials for a full descriptive purpose — verify with the jurisdiction.
• Key dimensional standards: max lot coverage 35%, front setback 20 ft, interior side and rear same as R-1, height 16 ft (one story).

R-2 (Two-family / small‑multifamily)

• Purpose / typical uses: duplexes and small multifamily where allowed by base zoning. Not found in retrieved materials for full use table text — verify with the jurisdiction.
• Key dimensional standards: max lot coverage 40%, front setback 20 ft, interior side and rear 4 ft, height 16 ft (one story) (urban lot split table).

HL (Hill / Hillside Low?)

• Purpose / typical uses: applied in the urban lot split/unit standards table as a context for development constraints. The precise text of HL’s purpose is Not found in retrieved materials — verify with the jurisdiction.
• Dimensional highlights: minimum lot size prior to split 2,400 sf, max lot coverage 25%, front setback 30 ft, height 16 ft (one story) per the urban lot split table.

OP (Office Professional), NC (Neighborhood Commercial), GC (General Commercial)

• Purpose / typical uses: office, neighborhood retail, and general commercial uses as described in the commercial/office district chapter; consult the zoning map to see where these districts apply. Not found in retrieved materials for full descriptive purpose text — verify with the jurisdiction.
• Key dimensional standards (Table 13.12.040A): minimum lot width OP 70 ft; NC 300 ft; GC 150 ft; height generally 25 ft where within 50 ft of a residential district, 40 ft elsewhere (with CUP for higher). These standards determine whether a building becomes nonconforming if the standards change.

Wireless telecommunications facilities (Chapter 13.34)

• Special rule: Wireless facilities that qualify as legal nonconforming uses are allowed ordinary maintenance and eligible‑facilities co‑locations/modifications under § 13.34.150; those changes remain subject to the chapter’s permit rules. This is an explicit exception to the general restriction on enlarging nonconforming uses.

Quick standards / decision table (most decision‑relevant items)

How the rules work in practice (plain-English synthesis and guidance)

• The City lets legally existing nonconforming uses and structures continue and be maintained, but it intends nonconforming conditions to gradually disappear rather than expand. The Director can decide whether something is nonconforming and a property owner may request a hearing on that decision. § 13.04.110(B).
• For single‑family homes the code explicitly allows modest additions: cumulative additions up to 50% of an existing house’s square footage are allowed by right so long as the resulting lot coverage does not exceed 40% (this is the single‑family expansion allowance in § 13.04.110(G)). For other nonconforming uses or structures an expansion requires a minor conditional use permit from the Director and findings must be made (practical difficulty; not significantly extending life; not detrimental). § 13.04.110(G).
• If a nonconforming use ceases for 180 days the right stops and the property must be used according to the current zoning. § 13.04.110(E).
• If a nonconforming structure is badly damaged you can restore it as nonconforming only when damage is ≤50% and reconstruction begins within 1 year; over 50% damaged or voluntarily razed requires full compliance with current regulations to rebuild. § 13.04.110(F).

Practical tips:

• Before planning repairs or an addition, confirm the parcel’s status with the Planning Department because whether a use/structure is “nonconforming” is a Director determination. § 13.04.110(B).
• If you expect to need any relaxation of setbacks or parking, check the City’s variance and minor‑exception paths; variances cannot change use regulations but can address dimensional standards. See the City’s variance rules.
• When working on a project that touches setbacks, lot coverage, or parking, consult the City’s pages on development standards and parking early in the process; changes that increase the nonconformity are generally disallowed under § 13.04.110(D).

(First occurrence of related topics linked: parking, development standards.)

Checklist — what an applicant must satisfy when a nonconforming issue arises

• Confirm legal nonconforming status with the Planning Director (request determination; you may request a hearing). § 13.04.110(B).
• If proposing maintenance or repair only: document scope and costs; maintenance and repairs are explicitly permitted. § 13.04.110(C)(3).
• If proposing enlargement/addition for a single‑family home: confirm cumulative addition ≤ 50% and resulting lot coverage ≤ 40% to qualify for by‑right expansion. § 13.04.110(G).
• If proposing enlargement for non‑single‑family uses: prepare a minor conditional use permit application and supporting findings (hardship/practical difficulty; limited life extension; no material detriment). § 13.04.110(G).
• If the structure was damaged: obtain Building Official estimates and confirm whether damage ≤ 50% (restoration allowed if started within 1 year) or > 50% (must rebuild in conformance). § 13.04.110(F).
• If adding an ADU, consult the ADU rules; the City will not deny ADU permits solely because of nonconforming zoning conditions that don’t threaten health/safety (see ADU ordinance § 13.10.045 and related ADU provisions). ADUs and § 13.10.045.
• If the project needs a variance for setbacks or parking, follow the variance procedure and supporting findings. See variances and exceptions.
• Coordinate with building permits and comply with the California Building Standards Code where restoration or rebuilding is required. § 13.04.110(F) (damage estimates reviewed/approved by Building Official).

(First occurrence of related topics linked: ADUs, variances and exceptions, California Building Standards Code.)

Risks & Ambiguities

Plain-English Summary

Santee lets legally existing uses, buildings, and lots that don’t meet today’s zoning stay as they are, but not grow: you can fix and do small additions (single‑family homes can add up to 50% of area in many cases), but you cannot enlarge a nonconforming use or let it sit unused for 180 days and then resume it as nonconforming. If the building is badly damaged (more than half), you generally must rebuild to today’s rules; there are some special exceptions (e.g., wireless facilities). See § 13.04.110 for the core rules and § 13.04.140 for definitions.

Source References

• § 13.04.110 — Nonconforming uses and structures (continuation, alteration limits, discontinuation, restoration, expansion rules).
• § 13.04.140 — Definitions (includes definitions of “Nonconforming,” “Nonconforming lot,” “Nonconforming structure or building,” and “Nonconforming use”).
• § 13.04.110(G) — Expansion/restoration specifics including the 50% cumulative addition allowance for single‑family residences and minor conditional use permit for other uses.
• Table 13.12.040A and § 13.12.040 — Commercial/office district site dimension and height limits (OP, NC, GC).
• Urban lot split / unit standards table (including HL, R-1, R-1A, R-2 lot coverage, setbacks, heights). § 13.10.050 and associated tables.
• § 13.10.045 — ADU rules and the City’s approach to nonconforming conditions relative to ADUs.
• § 13.34.150 — Wireless telecommunications facilities: special nonconforming allowances (ordinary maintenance; eligible facilities co‑locations).
• Variance and Minor Exception provisions (Director authority and findings). § 13.06 (variance rules summarized).

Retrieved passages

• CBC § 100 High relevance show source text
• CBC § 3 (section would) High relevance show source text
• Santee Zoning Code (section shall) High relevance show source text
• Santee Zoning Code (section would) High relevance show source text
• Santee Zoning Code High relevance show source text
• CWUIC § 800 (section is) High relevance show source text
• Santee Zoning Code Medium relevance show source text
• Santee Zoning Code (section of) Medium relevance show source text

Cited sections

• **§ 13.04.110** — Nonconforming uses and structures (continuation, alteration limits, discontinuation, restoration, expansion rules). (§ 13.04.110)
• **§ 13.04.140** — Definitions (includes definitions of “Nonconforming,” “Nonconforming lot,” “Nonconforming structure or building,” and “Nonconforming use”). (§ 13.04.140)
• **§ 13.04.110(G)** — Expansion/restoration specifics including the **50%** cumulative addition allowance for single‑family residences and minor conditional use permit for other uses. (§ 13.04.110)
• **Table 13.12.040A** and **§ 13.12.040** — Commercial/office district site dimension and height limits (OP, NC, GC). (§ 13.12.040)
• Urban lot split / unit standards table (including **HL**, **R-1**, **R-1A**, **R-2** lot coverage, setbacks, heights). **§ 13.10.050** and associated tables. (§ 13.10.050)
• **§ 13.10.045** — ADU rules and the City’s approach to nonconforming conditions relative to ADUs. (§ 13.10.045)
• **§ 13.34.150** — Wireless telecommunications facilities: special nonconforming allowances (ordinary maintenance; eligible facilities co‑locations). (§ 13.34.150)
• Variance and Minor Exception provisions (Director authority and findings). **§ 13.06** (variance rules summarized). (§ 13.06)
• Santee_ZoningCode.md

• Official Santee code library