Monterey County — Nonconforming Uses

Last reviewed: July 6, 2026

Overview

In unincorporated areas of Monterey County, “nonconforming” means a land use, structure, or lot that was lawfully created but no longer matches current zoning rules. The County’s coastal regulations address nonconforming situations in the Monterey County Code, Title 20 — Coastal Zoning Ordinance (Coastal Implementation Plan). Chapter 20.68 sets the baseline rules for legal nonconforming uses, structures, and building sites in the coastal zone, and other chapters embed how certain districts handle change or extension of nonconforming uses through permits. See the broader Monterey County zoning & planning overview and Monterey County Zoning for context.

Core rule in the coastal zone: A legal nonconforming land use may continue, but you may not expand the area it occupies or intensify it; a change to a similar or more restricted use typically needs a Coastal Development Permit, and a nonconforming use is deemed abandoned if inactive for 12 months (§ 20.68.020; § 20.68.100).

What “legal nonconforming” means (coastal zone)

• A use of land or structure that was legally established but became nonconforming due to later-adopted regulations is a legal nonconforming use (§ 20.68.010).
• Continuation is allowed, with key limits:
  • No expansion in area and no intensification of the nonconforming land use (§ 20.68.020(A)–(B)).
  • A nonconforming land use may be changed to a use of a similar or more restricted nature if a Coastal Development Permit (CDP) is obtained (§ 20.68.020(C)).
  • A nonconforming use within a structure may be extended throughout that structure with a CDP (§ 20.68.030(B)).
  • A structure with a legal residential nonconforming use may be increased to expand the use by 120 sq ft or 10% of floor area, whichever is greater (§ 20.68.030(C)).

Nonconforming structures (coastal zone)

• Enlargement/alteration of a structure that is nonconforming only as to height or yards can occur if the work itself meets all current district regulations (§ 20.68.040(A)). Ordinary maintenance and repairs (including structural/foundation repair) are allowed if no structural alterations are made and the work does not exceed 50% of the structure’s appraised value in any one-year period; more than that can be allowed with a CDP (§ 20.68.040(B)).
• Moving a legal nonconforming structure or sign is not allowed unless, after the move, it conforms in all respects to the district regulations (§ 20.68.040(C)).

Rebuilding after damage or destruction (coastal zone)

• If a legal nonconforming structure is damaged or destroyed by fire, natural hazards, etc., it is generally subject to all current zoning—except it may be rebuilt up to the destroyed structure’s total floor area and volume, and the use may continue, if a CDP is first secured (§ 20.68.050). No CDP is required if the replacement structure (1) conforms to all applicable zoning, (2) keeps the same use, (3) does not exceed floor area/height/bulk by more than 10%, and (4) is sited substantially in the same location (§ 20.68.050(1)–(4)).

Legal nonconforming building sites (coastal zone)

• “Legal nonconforming building sites” are recognized based on historic tax roll status, recorded surveys or deeds on or before specified dates, parcel sizes, and compliance with then-applicable zoning when created (§ 20.68.060). This is a technical status determination—verify parcel history and documentation with the County.

Signs, wrecking yards, and other special nonconforming cases (coastal zone)

• Nonconforming outdoor advertising signs/structures faced countywide phase-outs long ago, with limited allowances in specified commercial/industrial districts and a CDP (§ 20.68.070).
• Legal nonconforming wrecking/junk yards must be fenced or removed (or obtain a CDP) per § 20.68.080.

Abandonment (coastal zone)

• If a legal nonconforming use ceases for 12 continuous months, the use is deemed abandoned; any subsequent use must fully conform to current zoning standards (§ 20.68.100). Disputes over abandonment are decided by the Planning Commission under Chapter 20.84 (§ 20.68.100(B)).

Permit triggers embedded in district chapters (coastal zone)

Many coastal base districts list nonconforming-use actions (change to a similar or more restricted use; extend a nonconforming use throughout a structure) as conditional/administrative uses—requiring a CDP and, in some cases, a Zoning Administrator action:

• In the MDR coastal residential district, changing a legal nonconforming use to a similar or more restricted use, or extending a nonconforming use throughout a structure, requires a CDP (some items “ZA”) (§ 20.10.050).
• In the coastal agricultural districts keyed to § 20.32 and § 20.40, those same nonconforming actions appear on the conditional-use lists, requiring a CDP (some “ZA”) (§ 20.32.050; § 20.40.050).

Also see Monterey County Overlay Districts for area-specific rules that can affect how nonconformities are treated during any modification.

District-by-District application (coastal zone)

MDR — Medium Density Residential (Title 20 coastal)

• Purpose/uses: Coastal residential neighborhoods allowing single-family, duplex, and multi-family at mapped densities (e.g., 5–8 du/ac); principal uses and related permissions are in § 20.10.040 and § 20.10.050. A change to a similar/more restricted nonconforming use or an extension of a nonconforming use throughout a structure appears as a conditional use (CDP/ZA) (§ 20.10.050).
• Key dimensional standards: Minimum building site of 6,000 sq ft; density, height, and setbacks are map- or overlay-driven (§ 20.12.060).
• Where it applies: Unincorporated coastal neighborhoods mapped “MDR” on the Coastal Zoning Maps.

AI — AI district (Title 20 coastal)

• Purpose/uses: Not found in retrieved materials.
• Key dimensional standards: Maximum height 35 ft unless the zoning map specifies otherwise; setbacks established by a General Development Plan or, if none, set during project review (§ 20.24.070).
• Where it applies: Unincorporated coastal areas mapped “AI.”

CAP — CAP district (Title 20 coastal)

• Purpose/uses: Agricultural preserve areas; the retrieved conditional-use list for this chapter includes “legal nonconforming use changed to a use of a similar or more restricted nature” and “legal nonconforming use of a portion of a structure extended throughout the structure (ZA)” (see Chapter 20.30 list; specific subsection for the list not identified in retrieved materials).
• Key dimensional standards: Minimum building site typically 40 acres (e.g., “CAP/160” on maps means 160-acre minimum) (§ 20.30.060(A)); structure height and setbacks may be map- or overlay-tuned (§ 20.30.060(B)).
• Where it applies: Unincorporated coastal agricultural preserve areas mapped “CAP.”

§ 20.32 coastal agricultural district (exact title not in retrieved materials)

• Purpose/uses: Agricultural production areas; conditional uses include changing a legal nonconforming use to a similar/more restricted use and extending a nonconforming use throughout a structure (CDP/ZA) (§ 20.32.050).
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: Unincorporated coastal areas mapped to § 20.32.

§ 20.40 coastal agricultural/open-space district (exact title not in retrieved materials)

• Purpose/uses: Crop and grazing uses are listed; conditional uses include changing or extending a legal nonconforming use (CDP/ZA) (§ 20.40.040; § 20.40.050).
• Key dimensional standards: Not found in retrieved materials.
• Where it applies: Unincorporated coastal areas mapped to § 20.40.

Airport Approaches/Clear Zones/Height Restriction Overlay — Chapter 20.92 (Title 20 coastal)

• Nonconforming structures in this overlay aren’t required to be lowered/removed if lawfully built before the overlay’s effective date (§ 20.92.080(A)–(B)). Replacing, substantially altering, repairing, or rebuilding a nonconforming structure in this overlay requires a CDP from the Planning Commission (§ 20.92.080(C)); no approval may increase air navigation hazards (§ 20.92.090(D)).
• Where it applies: Unincorporated coastal lands within mapped airport influence/approach surfaces.

What you can do with a legal nonconforming situation (coastal zone)

Related topics that often come up during changes to nonconforming situations include Monterey County Land Use, Monterey County Development Standards, and Monterey County Design Review. If a change could affect parking supply or demand, also check Monterey County Parking. For signs, see Monterey County Signage. Variances are uncommon tools around nonconformities—see Monterey County Variances and Exceptions.

Note on ADUs: State law limits when an agency can deny an ADU due to existing nonconforming zoning conditions; unless there is a health/safety impact, ADUs generally cannot be denied solely to correct unrelated nonconformities (Gov. Code cited in the 2025 HCD ADU Handbook). See California ADU law and the state summary (Nonconforming Zoning) for details.

Enforcement context (coastal zone)

Operating a use or maintaining a structure contrary to Title 20 is a public nuisance and a violation, subject to enforcement, fines, and other remedies (§ 20.90.030; § 20.90.040). These provisions reinforce that nonconforming uses must remain within the limits described above.

Checklist

• Confirm the situation is “legal” nonconforming: show lawful establishment prior to the current regulation (§ 20.68.010).
• Classify the issue: nonconforming use, nonconforming structure (e.g., setbacks/height), or legal nonconforming building site (§§ 20.68.020–.060).
• Verify there has been no 12‑month lapse in actual operation (to avoid abandonment) (§ 20.68.100).
• If changing or extending a nonconforming use, confirm CDP requirement in Chapter 20.68 and in your mapped district’s allowed-use list (e.g., § 20.10.050; § 20.32.050; § 20.40.050).
• For repairs/alterations, calculate the 50% of appraised value threshold and whether any structural alterations are proposed (§ 20.68.040(B)).
• For rebuilds after damage, check if you meet all four “no‑CDP” criteria; otherwise, plan for a CDP (§ 20.68.050).
• Check overlays (e.g., Airport) for added permit constraints (§ 20.92.080–.090).
• Coordinate any design-related submittals with Monterey County Design Review.
• If parking demand changes, align with Monterey County Parking.
• Keep state programs in mind: for ADUs, see California ADU law; you generally can’t be forced to cure unrelated nonconformities solely to build an ADU (state ADU guidance).

Risks & Ambiguities

Information Gaps

• Non‑coastal zoning (Title 21) nonconforming provisions: Not found in retrieved materials. Verify with the jurisdiction.
• Full official names of certain coastal districts tied to §§ 20.32 and 20.40 were not shown in the retrieved excerpts. Not found in retrieved materials.

Plain-English Summary

If your property in unincorporated coastal Monterey County has a use or building that was legal when created but doesn’t meet today’s rules, you can usually keep using it—but you can’t expand the use or make it busier without approvals. Changes to a similar or tighter use, or extending a nonconforming use through an entire building, typically need a Coastal Development Permit, and stopping the use for a year can end your rights.

Source References

• Monterey County Code Title 20 (Coastal Zoning Ordinance) — Chapter 20.68 Legal Nonconforming Land Uses (§§ 20.68.010–.100).
• Monterey County Code Title 20 — District listings showing nonconforming actions as conditional uses: § 20.10.050 (MDR); § 20.32.050; § 20.40.050.
• Monterey County Code Title 20 — Site/standards excerpts: § 20.12.060 (MDR standards); § 20.24.070 (AI standards); § 20.30.060 (CAP standards).
• Monterey County Code Title 20 — Airport Approaches/Clear Zones/Height Restriction Overlay (§§ 20.92.080–.090).
• State reference: 2025 HCD ADU Handbook — Nonconforming Zoning (state ADU law interaction).

Retrieved passages

• Monterey County Zoning Code (Title becomes) High relevance show source text
• Monterey County Zoning Code (chapter are) High relevance show source text
• Monterey County Zoning Code (Title becomes) Medium relevance show source text
• Monterey County Zoning Code (Section 20.64.140) Medium relevance show source text
• Monterey County Zoning Code (Title shall) Medium relevance show source text
• Monterey County Zoning Code (Title and) Medium relevance show source text
• Monterey County Zoning Code (Section 20.64.100) Medium relevance show source text
• Monterey County Zoning Code (Section determined) Medium relevance show source text

Cited sections

• Monterey County Code Title 20 (Coastal Zoning Ordinance) — Chapter 20.68 Legal Nonconforming Land Uses (§§ 20.68.010–.100). (Title 20)
• Monterey County Code Title 20 — District listings showing nonconforming actions as conditional uses: § 20.10.050 (MDR); § 20.32.050; § 20.40.050. (Title 20)
• Monterey County Code Title 20 — Site/standards excerpts: § 20.12.060 (MDR standards); § 20.24.070 (AI standards); § 20.30.060 (CAP standards). (Title 20)
• Monterey County Code Title 20 — Airport Approaches/Clear Zones/Height Restriction Overlay (§§ 20.92.080–.090). (Title 20)
• State reference: 2025 HCD ADU Handbook — Nonconforming Zoning (state ADU law interaction).
• MontereyCounty_ZoningCode.md
• 2025 California ADU handbook.md

• Official Monterey County code library