Article 2

ORGANIZATION, APPLICABILITY, AND INTERPRETATION

Sections:

• § 38-4. Organization.

• § 38-5. General Rules for Applicability of Zoning Regulations.

• § 38-6. Applicability of Land Use and Development Regulations.

• § 38-7. Rules for Interpretation.

• § 38-8. Reserved.

• A. Structure of Regulations. The zoning regulations are divided into five parts:

Part I: General Provisions

Part II: Base District Regulations

Part III: Overlay District Regulations

Part IV: Regulations Applying in All or Several Districts

Part V: Administrative Regulations

• B. Types of Regulations. Three types of zoning regulations control the use and development of property:

1. Land Use Regulations specify land uses permitted or conditionally permitted in each zoning district, and include special requirements, if any, applicable to specific uses. Land use regulations for base zoning districts are in Part II of the zoning regulations; land use regulations for overlay districts are in Part III. Certain regulations, applicable in all or several districts, are in Part IV.

2. Development Regulations control the height, bulk, location, and appearance of structures on

development sites. Development regulations for base zoning districts are in Part II of the zoning regulations; development regulations for overlay districts are in Part III. Certain development regulations, applicable in all

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

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districts, are in Part IV. These include general regulations for site development, parking and loading, hazardous materials storage, and recycling facilities.

3. Administrative Regulations contain detailed procedures for the administration of zoning regulations, including requirements for use permits, and variances; architectural review; public hearings on ordinance and map amendments; development agreements; appeals of zoning decisions; nonconforming uses and structures; and enforcement. Administrative regulations are in Part V.

A. Applicability to Property. Zoning regulations shall apply to all land within the City of Monterey, including land owned by the City of Monterey and, where applicable, other local, state, or federal agencies. Application of regulations to specific lots shall be governed by the zoning map.

B. Applicability to Streets and Rights of Way. Public streets, utility, and other rights of way shall be in the same zoning district as contiguous property. Where contiguous properties are classified in different zoning districts, the centerline of the street or right-of-way shall be the district boundary, unless otherwise depicted on the zoning map.

C. Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, or moved in any zoning district except in accord with the provisions of this chapter.

D. Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by this chapter shall be deemed sufficient notice to allow the City to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice. Time limits are directory, not mandatory.

E. Requests for Notice. Where this chapter requires that notice be given by first class mail to “any person who has filed a written request for such notice,” the request shall be filed with the Community Development Director as defined in Section 38-11 and shall be subject to the applicable fees set to cover mailing costs. A request for mailing of a single notice of a single decision shall not require payment of a fee. Time limits are directory, not mandatory. (Ord. 3653 § 19, 2022)

F. Conflict with Other Regulations. Where conflict occurs between the provisions of this chapter and any other city code, chapter, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified in this chapter.

G. Relation to Private Agreements. This chapter shall not interfere with or annul any easement, covenant, or other agreement now in effect; provided, that where this chapter imposes greater restriction than imposed by an easement, covenant, or agreement, this chapter shall control.

H. Relation to Prior Ordinance. The provisions of this chapter supersede all prior zoning ordinances, as amended, of the City of Monterey. However, no provision of this chapter shall validate or legalize any land use or structure established, constructed, or maintained in violation of the prior zoning ordinance, as amended, unless specifically authorized by this chapter.

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

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I. Relation to General Plan. Zoning applications filed under the provisions of this chapter shall be consistent with the City of Monterey General Plan, including applicable area or neighborhood plans.

J. Application During Local Emergency. The City Council may authorize deviations from any provision of this chapter during a local emergency. Such deviations shall be authorized by resolution of the City Council, without notice or public hearing.

K. Severability. If any section, subsection, sentence, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this chapter shall not be affected. It is expressly declared that this chapter and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that one or more other portions of this chapter would be declared invalid or unconstitutional. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

A. Zoning Designation System. Land use and development regulations applicable to specific sites shall be shown on the zoning map by zoning designations consisting of classes of letter and number designators:

1. A land use regulations designator, indicating the principal land uses permitted or conditionally permitted in each district, shall be a component of all zoning designations. For example, the letter “R” indicates a residential district.

2. A residential density or dwelling type designator, indicating a subdistrict with a specific range of dwelling unit densities or a type of dwelling consistent with the General Plan is a component of certain residential zoning designations. For example, in the R-1 District, the “-1" signifies a single-family district.

3. Overlay district designators shall be included in a zoning designation if the provisions of one or more overlay districts are applicable to a site. An example is the “-H,” indicating that the Historic Overlay District regulations apply.

4. References to Classes of Districts. References to R districts refer to all residential districts; references to C districts refer to all commercial districts; and references to I districts refer to all industrial districts.

B. Establishment of Base Zoning Districts. Base zoning districts into which the city is divided are established as follows:

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

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C. Establishment of Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as follows:

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

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(Ord. 3688 § 3, 2024; Ord. 3674 §§ 12, 13, 2023)

A. Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this chapter or its application to a specific site, the Community Development Director shall determine the intent of the provision. (Ord. 3653 § 19, 2022)

B. Zoning Map. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply:

1. District boundaries shown as approximately following the property line of a lot shall be construed to follow such property line.

2. On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.

3. District boundaries shown as approximately following right-of-way lines of freeways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines.

4. District boundaries shown as lying within right-of-way lines of freeways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines.

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

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5. Should any uncertainty remain as to the location of a district boundary or other feature shown on the zoning map, the location shall be determined by the Community Development Director. (Ord. 3653 § 19, 2022)

C. Computations. Where any requirement relating to off-street parking, number of permitted dwelling units, required fees, and similar matters results in a fraction of a unit, a fraction of 1/2 or more shall be a whole unit; a fraction of less than 1/2 shall be disregarded. When calculating the number of permitted dwelling units in an R-3 zone, fractions shall be disregarded.

D. Record of Interpretation. The Community Development Director shall keep a record of interpretations made pursuant to this section which shall be available to the public for review. (Ord. 3653 § 19, 2022)

E. Appeals. An interpretation of the zoning regulations or zoning map by the Community Development Director may be appealed to the Planning Commission, as provided in Article 27. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)