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Chapter 38 — ZONING ORDINANCE›Part V — Administration›Article 28 — NONCONFORMING USES, AND STRUCTURES

Sec. 38-213. Continuation and Maintenance.

Monterey Zoning Code · 2026-07 edition · updated 2026-09-10 · Monterey

A. Except as noted herein, a use, lawfully occupying a structure or a site on the effective date of the ordinance codified in this article, or of amendments thereto, that does not conform with the use regulations or the site area per dwelling unit regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this article.

B. A structure, lawfully occupying a site on the effective date of the ordinance codified in this article, or of amendments thereto, that does not conform with the standards for front yards, side yards, rear yards, height, or

The Monterey City Code is current through Ordinance 3716, passed February 3, 2026.

Page 302 of 310

Ch. 38 Zoning Ordinance | Monterey City Code

floor area of structures, driveways, courts, or open space for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained, except as otherwise provided in this article.

C. A use that does not conform with the parking, loading, planting area, or screening regulations of the district in which it is located shall not be deemed a nonconforming use solely because of these nonconformities.

D. Routine maintenance and repairs may be performed on a structure, the use of which is nonconforming; and on a nonconforming structure.

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▸Contents — Monterey Zoning Code
Monterey Zoning Code
  1. ▸Chapter 38 — ZONING ORDINANCE
    Overview
    1. Part I — General Provisions
    2. Part IV — Regulations Applying in All Districts
    3. Part V — Administration
    4. Part I — General Provisions
    5. Part II — Base District Regulations
    6. Part III — Overlay District Regulations
    7. Part IV — Regulations Applying in All Districts
    8. ▸Part V — Administration
      Overview
      1. Article 21
      2. Article 22
      3. Article 23
      4. Article 24 — DEVELOPMENT REVIEW COMMITTEE APPROVAL
      5. Article 25
      6. Article 26 — AMENDMENTS
      7. Article 27 — APPEALS
      8. ▸Article 28 — NONCONFORMING USES, AND STRUCTURES
        Overview
        1. Sec. 38-212. Specific Purposes.
        2. Sec. 38-213. Continuation and Maintenance.
        3. Sec. 38-214. Alterations and Enlargements of Nonconforming Use…
        4. Sec. 38-215. Abandonment of Nonconforming Use.
        5. Sec. 38-216. Restoration of a Damaged Structure.
        6. Sec. 38-217. New Occupancy on a Site Having Certain Nonconform…
      9. Article 29
      10. Article 30

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