Article 28 — NONCONFORMING USES, AND STRUCTURES

Sections:

• § 38-212. Specific Purposes.

• § 38-213. Continuation and Maintenance.

• § 38-214. Alterations and Enlargements of Nonconforming Uses and Structures.

• § 38-215. Abandonment of Nonconforming Use.

• § 38-216. Restoration of a Damaged Structure.

• § 38-217. New Occupancy on a Site Having Certain Nonconforming Site Features.

This article is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement, their re establishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. While permitting the use and maintenance of nonconforming structures, this article is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this article and by prohibiting their restoration after destruction.

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.

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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.

A. Except as noted herein, no structure, the use of which is nonconforming, shall be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, provided, however, the Planning Commission may allow a structure housing a nonconforming residential use in an R district to be altered and enlarged by adding not more than 10 percent of the existing habitable floor area, provided that the number of dwelling units is not increased.

B. No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.

C. No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site, or another structure or site which it did not occupy on the effective date of the ordinance codified in this article, or of the amendments thereto that caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this section.

D. No nonconforming structure shall be altered or reconstructed so as to increase the discrepancy between existing conditions and 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 the structure is located. Variances are not required for alterations that do not increase such a discrepancy. The Community Development Director will review additions to nonconforming single-family residential construction plans for conformity. No nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the standards for front yards, side yards, rear yards, height of structures, maximum allowable floor area, distances between structures, driveways, courts, or usable open space prescribed in the regulations for the district in which the structure is located. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

E. The nonconforming use of a structure or site may be changed to another nonconforming use after a duly noticed hearing, if the Planning Commission makes the findings required by Section 38-161(A) and issues a use permit.

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

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F. No use which fails to meet the performance standards of Section 38-111 shall be enlarged or extended unless the enlargement or extension will result in elimination of nonconformity with required conditions. (Ord. 3424 § 1, 2009)

A nonconforming use that is intentionally discontinued or changed to a conforming use for a continuous period of 18 months or more shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located; provided, that this section shall not apply to nonconforming dwelling units. Abandonment or voluntary discontinuance shall include cessation of a use regardless of intent to resume the use.

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)

An applicant for a zoning permit in a C or I district for occupancy of a site or structure that is nonconforming due to lack of screening of mechanical equipment, required walls or fences to screen parking, required paving for driveways, or required planting areas, shall present a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five years. The Community Development Director may require that priority be given to elimination of nonconformities that have significant adverse impacts on surrounding properties. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

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

Page 304 of 310

Ch. 38 Zoning Ordinance | Monterey City Code