Local zoning · Marina
Marina — Nonconforming Uses
Nonconforming Uses under the Marina local zoning and planning code, with the controlling citations.
Last reviewed: July 3, 2026
Overview
This page summarizes how Marina's zoning ordinance treats nonconforming uses, nonconforming buildings, and nonconforming parcels under Title 17 (Zoning). It synthesizes the rules for continuation, change, repair, rebuilding after damage, abandonment, and district‑specific limits that planners and property owners must follow. All rules below are drawn from Marina Municipal Code, Title 17; every requirement shown is referenced to the controlling §.
What the code says (core rules)
- Lawful uses or structures that pre‑date a new or changed zoning requirement may continue as nonconforming, but continuation is limited: a nonconforming use may not be enlarged, extended to occupy a larger area, or changed to a less‑restricted use without the required approvals. See § 17.52.010.
- Any use that requires a use permit under Title 17 is treated as nonconforming until a use permit (or coastal permit in the Coastal Zone) is obtained. See § 17.52.030.
- If a nonconforming building is damaged or destroyed to more than 75% of assessed value, rebuilding to re‑establish the nonconforming use is only allowed if the applicant secures the required use permit or coastal permit where applicable. See § 17.52.040.
- A nonconforming use is presumed abandoned if operations cease for a continuous period of six months; after that the site must conform to the current zoning. See § 17.52.050.
- Repairs and maintenance are allowed, but structural alterations to a nonconforming building are restricted; ordinary maintenance is allowed as long as work in any one year does not exceed 25% of assessed value. See § 17.52.060(D).
- Nonconforming buildings that are nonconforming only with respect to height or yard regulations may be enlarged or improved provided the additions conform to the district regulations. See § 17.52.060(C)(1).
- Parcels that do not meet current lot dimension rules may remain lawful building sites if they were lawful when the regulations became applicable and other ownership conditions are met. See § 17.52.090.
Note: Coastal Zone rules can add requirements — many nonconforming changes in the Coastal Zone trigger a coastal permit (see the coastal chapter). See § 17.41.250.
District-by-district breakdown
Below are the Marina districts most commonly involved in nonconforming questions. Each district block lists purpose, typical permitted uses, key dimensional standards (the code numbers you will use to check conformity), where the district typically applies in Marina (map/plan check), and the code references to consult.
When you see references to district standards, consult the linked Marina zoning menus for related procedures (for example, the city's general Marina Zoning page and the Marina Development Standards page for compiling submittals).
R-1 — Single‑family residential
- Purpose & typical uses: One single‑family dwelling per lot; accessory guest house or secondary dwelling (subject to restrictions), small residential care homes, home occupations. See § 17.14.020.
- Key dimensional standards (decision‑relevant): Minimum site area 6,000 sq ft (corner 7,000 sq ft); average site width 60 ft; site coverage 35% (40% for single‑story only); minimum front yard 20 ft; side yards 6 ft; rear yard 20 ft; height (main building) 30 ft / accessory 16 ft; parking per Chapter 17.44. See §§ 17.14.060–17.14.130.
- Where it applies: City residential neighborhoods; consult the zoning map. Verify overlay (Coastal) impacts via the Marina Overlay Districts page.
- Practical note re nonconforming situations: If a single‑family home is nonconforming only because of yard or height, limited additions that meet the other R‑1 standards may be allowed; if the home is nonconforming due to parking, special R‑1 allowances tied to garage parking exist (see § 17.52.060(C)(2)). See § 17.52.060.
MHR — Marina Heights Residential (higher‑density / mobile‑home style)
- Purpose & typical uses: Townhome/townhouse and mobile home residential formats; allows greater density and different lot standards. See Chapter 17.13.
- Key dimensional standards: Height generally limited to 2 stories / 35 ft for habitable buildings; open space minimum 10%; special townhome/condo standards are governed by Chapter 17.54 where applicable. See § 17.13.060 and § 17.13.090.
- Where it applies: Marina Heights / specified project areas; site and architectural review applies (see Marina Design Review).
C-R — Commercial / Multiple‑family residential (mixed)
- Purpose & typical uses: Mixed commercial and multi‑family residential; retail, offices, residential above ground floor in many cases. See Chapter 17.21.
- Key dimensional standards: Table‑driven FAR, height limits, front/side/rear yard rules; parking per Chapter 17.44. See Chapter 17.21 (17.21.070–180).
- Where it applies: Commercial corridors and higher‑density nodes; planned development options may change setbacks under Chapter 17.31. See Chapter 17.31.
PC — Planned Commercial
- Purpose & typical uses: Larger commercial projects planned to achieve design objectives and manage visitor‑serving uses. See Chapter 17.26.
- Key dimensional standards: Maximum height 35 ft (coastal view corridors may be lower), site coverage caps (30–35%), parking per Chapter 17.44. See §§ 17.26.060–17.26.080.
- Where it applies: Planned commercial nodes and areas designated in municipal plan.
M — Industrial / Manufacturing
- Purpose & typical uses: Manufacturing, industrial, light fabrication, with performance standards and screening rules. See Chapter 17.30.
- Key dimensional standards: Building site area/width, yards, and height set in 17.30; outside storage must be screened. Nonconforming industrial uses may have special removal timelines for outdoor advertising. See § 17.30.050 et seq. and § 17.52.010(B).
K — Agricultural‑Residential
- Purpose & typical uses: Agricultural activities, single‑family uses related to farming; conditional uses include various large agricultural operations. See Chapter 17.12.
- Key dimensional standards: Minimum parcel sizes vary by use; see 17.12 for conditional uses list and site standards. See § 17.12.030.
Quick reference table — most decision‑relevant nonconforming rules
| Issue / standard | What the code requires | Code Reference |
|---|---|---|
| Continuation but no enlargement | Nonconforming use may continue but may not be enlarged or extended beyond the area occupied when made nonconforming | § 17.52.010 |
| Uses that need permits | Any use requiring a use permit is treated as nonconforming until a permit is obtained | § 17.52.030 |
| Damage >75% rule | If >75% assessed value damaged, rebuild allowed only with required use/coastal permit | § 17.52.040 |
| Abandonment | Continuous cessation of operations for 6 months presumes abandonment; then conformity required | § 17.52.050 |
| Ordinary maintenance cap | Repairs OK; structural alterations limited; maintenance cap 25% of assessed value/year | § 17.52.060(D) |
| Nonconforming lot allowed | Parcel remains lawful building site if lawful when requirements became applicable and ownership conditions met | § 17.52.090 |
| Coastal overlay interaction | Coastal Zone nonconforming rules may require a coastal permit for changes | § 17.41.250 |
Checklist — what an applicant must show or provide
- Demonstrate the use or building was lawful when the current regulation became applicable (title deed/permit record / dated photographs). See § 17.52.010.
- Identify exact nonconforming elements (use area, building yards/height, parking shortfall) and quantify existing footprint and use area. See § 17.52.010.
- If proposing a change, extension, or rebuilding after damage >75%, prepare a use permit or coastal permit application and pay the fee; include findings showing compatibility and mitigation for impacts. See §§ 17.52.030, 17.52.040.
- If relying on ordinary maintenance exception, provide cost estimates and assessor value to show any work is ≤25% of assessed value per year. See § 17.52.060(D).
- If in a district with design review requirements (for example MHR or planned projects), include site and architectural review materials per the Marina Design Review procedures.
- If parking is at issue, demonstrate compliance or request relief through applicable procedures; consult Marina Parking and Chapter 17.44. See § 17.14.130.
- If parcel dimensions are nonconforming, document that the lot met the legal standards when created and that ownership conditions in § 17.52.090 are satisfied.
Risks & Ambiguities
| Issue | Why it matters | What to verify |
|---|---|---|
| Abandonment determination (6‑month rule) | Whether intermittent operation counts toward continuous cessation can determine loss of nonconforming status | Verify operation records and get written planning determination; statute says continuous cessation of six months presumes abandonment. § 17.52.050 |
| Coastal Zone overlay | Coastal permits are separate and can add conditions or deny continuation | Check if property sits in the Coastal Zone and consult § 17.41.250 and coastal permit rules; verify with Coastal Permit staff. § 17.41.250 |
| Damage valuation threshold (>75%) | Repair vs. rebuild hinge on assessed‑value calculation (county roll) | Confirm assessed value on the latest Monterey County roll and document damage estimate; see § 17.52.040. |
| "Nonconforming only as to height/yards" | If building is nonconforming in other ways, enlargement may be prohibited | Confirm which regulations the structure violates; only height/yard‑only nonconformities allow certain additions. § 17.52.060(C)(1) |
| Parking shortfalls in R‑1 | R‑1 contains narrowly defined allowances for some historic parking shortfalls tied to garage configuration | If parking is the only nonconformity, consult the R‑1 special allowance and Chapter 17.44; otherwise expect stricter limits. § 17.52.060(C)(2) |
| Parcel size/shape exceptions | Lot may be lawful despite noncompliance, but the ownership test matters | Verify the parcel was lawful when requirements applied and that owner owned no adjoining land at that time. § 17.52.090 |
Plain‑English summary
If your building or use in Marina stopped meeting a newer zoning rule but was lawful when it started, you can usually keep it — but you cannot expand it, leave it unused for six months (or it’s presumed abandoned), or rebuild it after catastrophic damage without getting the same approvals required today (use permit or coastal permit where applicable). Ordinary repairs are allowed but major changes or enlargements are limited and district standards (yards, height, parking) must be checked against the specific district rules. See §§ 17.52.010–17.52.090.
Source References
- § 17.52.010 General guidelines — Title 17, Chapter 17.52 (Nonconforming Uses).
- § 17.52.020–17.52.090 (Continuance, Uses requiring permit, Damaged buildings, Abandonment, Nonconforming buildings, Nonconforming parcels).
- R‑1 district rules: §§ 17.14.010, 17.14.020, 17.14.060–17.14.130 (permitted uses; site area, width, coverage, yards, parking).
- MHR district rules: Chapter 17.13 (height, open space, design review).
- C‑R and Planned Commercial: Chapter 17.21 (C‑R) and Chapter 17.26 (PC).
- Parking standards and formulas: Chapter 17.44 (Parking).
- Coastal nonconforming rules: § 17.41.250.
For process pages and linked procedural guidance consult the Marina site menu pages used throughout (first mention links in the text above): Marina Zoning, Marina Development Standards, Marina Parking, Marina Design Review, Marina Overlay Districts, Marina ADUs, and the state code reference California Building Standards Code for separate building‑code obligations.
Sources
Retrieved passages
- Marina Zoning Code (Title 17) High relevance
- Marina Zoning Code (title shall) High relevance
- Marina Zoning Code (title becomes) High relevance
- Marina Zoning Code (§ 3) High relevance
- Marina Zoning Code (Title 17) High relevance
- Marina Zoning Code (title for) High relevance
- Marina Zoning Code (§ 1) High relevance
- Marina Zoning Code (Section 17.44.070) High relevance
- Marina Zoning Code (§ 1) High relevance
- Marina Zoning Code (Title 17) Medium relevance
- Marina Zoning Code (Title 17) Medium relevance
- Marina Zoning Code (§ 1) Medium relevance
- Marina Zoning Code (§ 1) Medium relevance
- Marina Zoning Code (title applicable) Medium relevance
- Marina Zoning Code (§ 1) Medium relevance
- Marina Zoning Code (§ 1) Medium relevance
- Marina Zoning Code (Section 17.41.280.) Medium relevance
Cited sections
- § 17.52.010 General guidelines — Title 17, Chapter 17.52 (Nonconforming Uses). (§ 17.52.010)
- § 17.52.020–17.52.090 (Continuance, Uses requiring permit, Damaged buildings, Abandonment, Nonconforming buildings, Nonconforming parcels). (§ 17.52.020)
- R‑1 district rules: §§ 17.14.010, 17.14.020, 17.14.060–17.14.130 (permitted uses; site area, width, coverage, yards, parking). (§ 17.14.010)
- MHR district rules: Chapter 17.13 (height, open space, design review). (Chapter 17.13)
- C‑R and Planned Commercial: Chapter 17.21 (C‑R) and Chapter 17.26 (PC). (Chapter 17.21)
- Parking standards and formulas: Chapter 17.44 (Parking). (Chapter 17.44)
- Coastal nonconforming rules: § 17.41.250. (§ 17.41.250.)
- Marina_ZoningCode.md
Frequently asked questions
What happens if a nonconforming business in Marina closes for 6 months?
If a nonconforming use ceases operations for a continuous period of six months, the use is presumed abandoned and the property must thereafter be used in conformity with current zoning; the planning commission need not take further action to remove the nonconforming status. See § 17.52.050.
Can I add a room or garage to an R‑1 house that is nonconforming?
If the house is nonconforming only because of height or yard rules, additions that conform to the other district regulations may be permitted; if the nonconformity is parking‑related there are limited R‑1 allowances (e.g., certain garage/space configurations) but you must follow § 17.52.060(C). Check §§ 17.14.090–17.14.130 and § 17.52.060.
If my building is 80% destroyed in a fire, can I rebuild it as it was?
If the building was damaged or destroyed to more than 75% of its assessed value, rebuilding to continue the nonconforming use is allowed only if you secure the required use permit (or coastal permit in the Coastal Zone). Document the damage and contact planning. See § 17.52.040.
Does the Coastal Zone change nonconforming rules in Marina?
Yes. In the Coastal Zone many nonconforming changes require a coastal permit and coastal‑zone provisions may supersede or add to Title 17 nonconforming rules. See the coastal nonconforming rules in § 17.41.250 and coordinate with coastal permit staff.
How much repair work can I do on a nonconforming building without triggering review?
Ordinary maintenance and repairs are allowed provided no structural alterations are made and the total work does not exceed 25% of the assessed value in any one‑year period. For larger renovations, plan for permit review and possibly a use permit. See § 17.52.060(D).
Are nonconforming parcels (substandard lots) buildable?
A parcel that doesn't meet current size/shape/frontage rules can still be a lawful building site if it was lawful immediately before the new rules applied and the owner didn’t own adjoining land at that time — with exceptions for minor subdivisions and small lots. See § 17.52.090.
If my use now requires a use permit, does that automatically make it nonconforming?
Yes. The code treats any use that requires a use permit as nonconforming until the use permit (or coastal permit in the Coastal Zone) is obtained. Prepare to apply under Chapter 17.48. See § 17.52.030.
Where do I check specific setback, height, and coverage numbers for my property?
Check the chapter for your district (for example R‑1 standards are in §§ 17.14.060–17.14.130). For development and project‑level deviations also review the Marina Development Standards guidance and Chapter 17.31 for general development plan alternatives.
Can I move a nonconforming building onto another lot?
No. A nonconforming building, structure or sign shall not be moved in whole or in part to any other location unless, upon moving, it is made to conform to all of the regulations of the district where it will be located. See § 17.52.060(E).
Do parking shortfalls ever allow an expansion in R‑1?
There are limited R‑1 provisions that allow certain additions for single‑family residences that do not meet later parking requirements, but these are narrow (examples tied to original garage configuration) and are governed by § 17.52.060(C)(2) and Chapter 17.44 parking rules. Confirm facts with planning.
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