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

Sec. 38-216. Restoration of a Damaged Structure.

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

A. All legal nonconforming uses and nonconforming structures that have been destroyed by fire or other calamity or by the public enemy to any extent may be reconstructed, restored, or rebuilt to their predamaged size and location; provided, that they are not extended beyond the original footprint and restoration is started within 18 months and diligently pursued to completion. Any such reconstruction, restoration, or rebuilding shall conform to adopted Uniform Codes in effect at that time unless otherwise excused from compliance as a historical structure. The Community Development Director will review reconstruction plans for conformity, and if there is any significant deviation noted, plans will be referred to the Planning Commission for review. (Ord. 3715 § 16, 2025; Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

B. Whenever a structure that does not comply with the standards for front yards, side yards, rear yards, height of structures, distances between structures, driveways, courts, or usable open space prescribed in the regulations for the district in which it is located, or the use of which does not conform with the regulations for the zone in which it is located, is voluntarily razed, or is required by law to be razed, the structure shall not be restored and the nonconforming use shall not be resumed. (Ord. 3424 § 1, 2009)

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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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