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Monterey County — Variances and Exceptions

Variances and Exceptions under the Monterey County local zoning and planning code, with the controlling citations.

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Last reviewed: July 6, 2026

Overview

In unincorporated areas of Monterey County, “variances” and certain “exceptions” allow limited relief from otherwise applicable zoning standards, but not from allowed uses. The Coastal Zoning Ordinance (Title 20) governs the unincorporated Coastal Zone; inland unincorporated areas are governed by a separate inland zoning ordinance. This page explains how variances and exceptions work in the Coastal Zone under Title 20 and highlights district-specific touchpoints where relief most often comes up.

The County may vary development standards (like setbacks, height, coverage) when special property circumstances would deprive the parcel of privileges enjoyed by others in the same zone; but it will not grant a use that the zone does not allow. See § 20.78.020 and § 20.78.040.C.

What counts as a “Variance” in unincorporated Monterey County (Coastal Zone)

  • Scope of relief: Modifications to setback, coverage, height, building site area, floor area ratio, and other development standards may be considered by variance. Use variances are prohibited. § 20.78.020; § 20.78.040.C
  • Decision-maker: The Zoning Administrator is the “Appropriate Authority” for variances unless the variance is combined with another discretionary permit under a Combined Development Permit. § 20.78.030; § 20.82.030–.050
  • Findings required: The County must find (A) special property circumstances (size, shape, topography, location, surroundings) that deprive the parcel of privileges enjoyed by other similarly zoned parcels, and (B) no grant of special privileges inconsistent with nearby properties. § 20.78.040(A)–(B)
  • Hearing and record: Variances require a public hearing and written findings supported by substantial evidence; the property must be in compliance with other applicable zoning/subdivision rules and any abatement costs paid. § 20.78.050(A)–(B)
  • Conditions: Conditions may be imposed to preserve district character and secure Title 20’s purposes (including monitoring, design constraints, infrastructure). § 20.78.050(C)
  • Appeals: Actions on variances may be appealed under Chapter 20.86. § 20.78.050(D)
  • Coastal Commission appeal note: Principal permitted uses authorized by variance for things other than height, setback, coverage, and building site area are treated as conditional uses and are appealable to the Coastal Commission. § 20.78.050(E)
  • Term, effect, reapplication: Variances have expiration rules; building permits or uses cannot proceed except in accordance with the variance and its conditions; substantially similar denials bar reapplication for one year; extensions may be requested. § 20.78.070–.080–.090–.110

“Exceptions” mechanisms distinct from Variances

  • Local Coastal Program “takings” exception: On appeal, the Board of Supervisors may allow an exception to strict LCP consistency if its strict application would deny all reasonable use, subject to specific findings. § 20.02.060(B)
  • Height and Setback Exceptions: Multiple districts state that development is “subject to Chapter 20.62 (Height and Setback Exceptions).” Details were not in the retrieved materials; see Information Gaps below. e.g., § 20.10.020; § 20.14.020; § 20.18.020; § 20.30.020; § 20.40.020; § 20.42.020
  • Historic resources flexibility: The Director may grant an exception to zoning regulations (e.g., parking, yards, height, coverage) when necessary to preserve or improve a designated historic resource; no use changes are allowed by this exception. § 20.64.300(B)
  • Airport overlay exceptions: Within Airport Land Use zones, certain height exceptions are recognized (e.g., up to 35 feet, or structures shielded by equal/higher terrain), subject to overlay rules. § 20.92.100
  • Minor setback reductions in Public/Quasi-Public: A reduction up to ten percent of required setbacks can be approved as a principal allowed action in the PQP (CZ) district. § 20.40.040(E)

For related topics, see the County’s zoning and land use pages, how relief interacts with development standards and parking, the role of design review, overlay requirements in overlay districts, and exceptions for historic preservation. For existing conditions, also see nonconforming uses. References to the California Building Standards Code and California ADU law are included for context only.

How Variances and Exceptions show up by district (Coastal Zone, unincorporated)

Below are common districts where variance/exception questions arise. Each district’s development is also subject to the Coastal Development Permit framework where indicated.

LDR (CZ) — Low Density Residential

  • Purpose: Accommodate low density residential uses compatible with rural/suburban settings. § 20.14.010
  • Applicability and process: Subject to Height/Setback Exceptions and Coastal Development Permits. § 20.14.020
  • Typical permitted uses: First single-family dwelling, guesthouses, small day care, accessory structures, limited animal husbandry. § 20.14.040
  • Key dimensional standards: The main structure typically has 30 ft maximum height and 30 ft front, 20 ft side/rear setbacks; accessory structure standards vary; FAR limits in Del Monte Forest apply. § 20.14.060; § 20.14.060(F)
  • Where it applies: Coastal residential areas mapped LDR on the Coastal Zoning sectional maps. § 20.14.020
  • Variance touchpoints: Requests often involve front/side setbacks, building site area, or coverage (§ 20.78.020). Height relief is uncommon given viewshed policies; verify with local area plan.

RDR (CZ) — Rural Density Residential

  • Purpose: Rural residential with adequate facilities, emphasizing livability and design flexibility. § 20.16.010
  • Applicability and process: Subject to Height/Setback Exceptions and Coastal Development Permits. § 20.16.020
  • Typical permitted uses: Single-family dwellings, accessory uses, small-scale agriculture and animal husbandry. § 20.16.030–.040 (use categories referenced)
  • Key dimensional standards: Not comprehensively retrieved; verify site-specific standards in the RDR chapter. Not found in retrieved materials.
  • Where it applies: Rural coastal neighborhoods mapped RDR (CZ). § 20.16.020
  • Variance touchpoints: Yard encroachments for topography or irregular lots; ensure findings under § 20.78.040(A)–(B).

PQP (CZ) — Public/Quasi-Public

  • Purpose: Parks, schools, regional recreation, and other public-serving facilities. § 20.40.010
  • Applicability and process: Subject to Height/Setback Exceptions and Coastal Development Permits. § 20.40.020
  • Typical permitted uses: Public/quasi-public uses, plus minor actions including a 10% setback reduction. § 20.40.040(E)
  • Key dimensional standards: Main structures typically 30 ft max height with 30/20/20 ft front/side/rear setbacks; accessory standards vary. § 20.40.060(C)
  • Where it applies: Coastal public lands and facilities mapped PQP (CZ). § 20.40.020
  • Variance touchpoints: Larger buildings on constrained public sites may need height or coverage relief; consider whether the 10% administrative reduction suffices before seeking a variance. § 20.40.040(E); § 20.78.020

CAP (CZ) — Coastal Agricultural Preserve

  • Purpose: Preserve and enhance prime agricultural lands and allow necessary support uses. § 20.30.010
  • Applicability and process: Subject to Height/Setback Exceptions and Coastal Development Permits. § 20.30.020
  • Typical permitted uses: Soil-dependent agriculture, accessory dwellings tied to on-site ag, barns and farm outbuildings. § 20.30.040
  • Key dimensional standards: Not comprehensively retrieved; verify in CAP chapter. Not found in retrieved materials.
  • Where it applies: Coastal agricultural areas mapped CAP (CZ). § 20.30.020
  • Variance touchpoints: Siting of ag buildings vis-à-vis setbacks and height near sensitive resources; ensure agricultural justifications do not become prohibited “use” variances. § 20.78.040(C)

HDR (CZ) — High Density Residential

  • Purpose: Accommodate higher-density residential where services can support it. § 20.10.010
  • Applicability and process: Subject to Height/Setback Exceptions and Coastal Development Permits. § 20.10.020
  • Typical permitted uses: Single-family, duplexes, and multi-family at specified densities; guesthouses; small day care. § 20.10.040
  • Key dimensional standards: Not comprehensively retrieved; confirm HDR height, yards, and coverage on a site-specific basis. Not found in retrieved materials.
  • Where it applies: Higher-density coastal neighborhoods mapped HDR (CZ). § 20.10.020

B Combining District — Building Site Regulations

  • Purpose: Establish parcel-specific lot size and setbacks that override base district setbacks. § 20.42.010–.020
  • Key standards: Minimum lot sizes and setbacks are prescribed by the B designation (e.g., B-1, B-2, B-3, B-4, etc.) and can materially affect whether setback variances are needed. § 20.42.030
  • Variance touchpoints: Because B-district setbacks can be more restrictive than base districts, relief—if justified—must still satisfy variance findings under § 20.78.040(A)–(B).

Decision-Path Snapshot (Coastal Zone)

Path What it can adjust Who decides Key triggers/limits Code Reference
Variance Setbacks, height, coverage, FAR, building site area (not use) Zoning Administrator (unless combined) Special property circumstances; no special privilege; hearing and written findings § 20.78.020; § 20.78.030; § 20.78.040; § 20.78.050
LCP “takings” exception Exception to LCP consistency on appeal Board of Supervisors Strict application would deny all reasonable use; specific findings § 20.02.060(B)
Height/Setback Exceptions Specific, codified exceptions As provided in ch. 20.62 Used by multiple districts; details not retrieved § 20.62 (referenced)
Historic resource exception Parking, yards, height, coverage for designated historic resources Director of Planning & Building Inspection To enable preservation/rehabilitation; no new or different uses § 20.64.300(B)
PQP minor setback reduction Up to 10% setback reduction As part of principal permitted actions Limited relief—often obviates need for a variance § 20.40.040(E)
Airport overlay exceptions Certain height exceptions Airport Land Use/Appropriate Authority Overlay-specific allowances; does not supersede safety standards § 20.92.100

Related constraints you must factor in

  • Combined Development Permits: If you need a variance plus other coastal permits, the County processes them together; the decision body for the principal permit hears the whole package. § 20.82.030–.050
  • Nonconforming situations: Maintenance/repair caps and rebuild rules can limit how far “exceptions” go without a coastal permit; violations of permit conditions are a public nuisance. § 20.68.050; § 20.90.050

Checklist

  • Confirm your parcel is in the unincorporated Coastal Zone and identify the base district and any combining/overlay districts on the map. § 20.02.040; § 20.42.020; § 20.92.100
  • Determine if a built-in exception applies before pursuing a variance (e.g., PQP’s 10% setback reduction, any Airport overlay exceptions, historic resource flexibility). § 20.40.040(E); § 20.92.100; § 20.64.300(B)
  • If seeking a variance, prepare evidence of special circumstances and parity with nearby parcels under the same zoning; no “use” changes. § 20.78.040(A)–(C)
  • File a complete application; expect a public hearing and written findings; be prepared for conditions. § 20.78.050(A)–(C)
  • If combining with other permits, apply under a Combined Development Permit. § 20.82.020–.050
  • Note expiration, extension timelines, and reapplication limits if denied. § 20.78.070–.090–.110
  • If strict LCP application would deny all reasonable use, consider the narrow Board-level “takings” exception route. § 20.02.060(B)

Risks & Ambiguities

Issue Why it matters What to verify
Use variances prohibited A variance cannot authorize a use not allowed in the district; proposals framed as “use relief” will be denied. Confirm the use is permitted or conditionally permitted in the base district before pursuing relief. § 20.78.040(C)
Coastal Commission appeal exposure Some variance approvals function like conditional uses and can be appealed to the Coastal Commission. If your variance involves more than height/setback/coverage/building site area, plan for an appeal window. § 20.78.050(E)
Height/Setback Exceptions (20.62) details Districts reference Chapter 20.62, but its operative text wasn’t retrieved here. Obtain § 20.62 text before designing encroachments. Not found in retrieved materials.
Overlay interaction (Airport, viewshed, B-district) Overlays/combining districts can tighten or alter the baseline standards. Identify all overlays/combining districts (e.g., Airport, B) before applying variance findings. § 20.42.020; § 20.92.100
Nonconforming status Maintenance/rebuild thresholds and siting rules can limit what is “by-right.” Check nonconforming structure/site provisions and whether a Coastal Development Permit is needed. § 20.68.050
“All reasonable use” exception is narrow It’s a high bar and only considered on appeal to the Board. Engage counsel/planners early; compile evidence that no reasonable use remains under LCP policies. § 20.02.060(B)

Plain-English Summary

In unincorporated Coastal Zone areas, Monterey County lets you ask for a variance when a unique property constraint would make strict rules unfair—but only for development standards like setbacks or height, never to allow a use your zone doesn’t permit. Some chapters also include built-in exceptions (like small setback reductions in public/quasi-public zones, airport height allowances, and targeted flexibility for historic resources). Expect a public hearing, strict findings, and conditions—and line up your district and overlay rules before you design.

Information Gaps

  • The operative text of § 20.62 (Height and Setback Exceptions) was not found in the retrieved materials.
  • Inland zoning (Title 21) variance/exception procedures for the unincorporated Inland Area were not found in the retrieved materials.

Source References

  • Title 20 Coastal Zoning Ordinance general provisions and LCP exception: § 20.02.040; § 20.02.060(B)
  • Variances (purpose, applicability, authority, findings, hearing, conditions, appeals, revocation/expiration/effect/reapplication/extension): § 20.78.010–.110; § 20.82.030–.050
  • LDR (CZ) district: § 20.14.010–.020–.040–.060
  • RDR (CZ) district: § 20.16.010–.020–.030
  • PQP (CZ) district and 10% setback reduction: § 20.40.010–.020–.040(E)–.060(C)
  • CAP (CZ) district: § 20.30.010–.020–.040
  • B Combining district: § 20.42.010–.020–.030
  • Historic resources exception: § 20.64.300(B)
  • Airport overlay exceptions: § 20.92.100
  • Nonconforming and enforcement context: § 20.68.050; § 20.90.050

Sources

Retrieved passages

  • Monterey County Zoning Code (Chapter 20.82) Medium relevance
  • Monterey County Zoning Code (Title is) Medium relevance
  • Monterey County Zoning Code (Section 20.76.115.B) Medium relevance
  • Monterey County Zoning Code (Chapter 20.70) Medium relevance
  • Monterey County Zoning Code (Chapter 20.70) Medium relevance
  • Monterey County Zoning Code (Chapter 20.70) Medium relevance
  • Monterey County Zoning Code (Chapter 20.86.) Medium relevance
  • Monterey County Zoning Code (Chapter 20.82) Medium relevance
  • Monterey County Zoning Code (Section 20.69.040) Medium relevance
  • Monterey County Zoning Code (Chapter 20.58.) Medium relevance
  • Monterey County Zoning Code (Chapter 20.58.) Medium relevance
  • Monterey County Zoning Code (Title becomes) Medium relevance
  • Monterey County Zoning Code (chapter shall) Medium relevance
  • Monterey County Zoning Code (Chapter 20.14) Medium relevance
  • Monterey County Zoning Code (Chapter 20.30) Medium relevance
  • Monterey County Zoning Code (Chapter 20.10) Medium relevance
  • Monterey County Zoning Code (chapter shall) Medium relevance

Cited sections

Frequently asked questions

Who decides zoning variances in unincorporated Monterey County’s Coastal Zone?

The Zoning Administrator hears and decides variance applications unless they are part of a Combined Development Permit, in which case the decision body for the principal permit hears the whole package. § 20.78.030; § 20.82.030–.050

Can I get a variance to allow a use that isn’t listed in my district?

No. Variances cannot authorize a use not otherwise allowed by your zone. They only cover development standards (setbacks, height, coverage, etc.). § 20.78.040(C); § 20.78.020

Do variances require a public hearing?

Yes. All variances require a noticed public hearing, and the decision must include written findings supported by substantial evidence. § 20.78.050(A)–(B)

How long does a variance last, and can it be extended?

If no expiration date is stated, a variance allowing a use (not involving construction) expires after two years unless the use begins; for construction, it remains valid if actual construction begins within two years. Extensions may be requested at least 30 days before expiration. § 20.78.070–.110

Are there built-in exceptions that might avoid needing a variance?

Sometimes. In the PQP (CZ) district, up to a 10% reduction of required setbacks can be approved as a principal allowed action. Historic resource projects may get specific zoning exceptions to enable preservation. Airport overlay zones have their own height exceptions. § 20.40.040(E); § 20.64.300(B); § 20.92.100

What if strict application of the Coastal plans/rules would leave my land with no reasonable use?

The Board of Supervisors may consider an LCP “takings” exception on appeal if strict application would deny all reasonable use, but the findings are narrow and demanding. § 20.02.060(B)

How do B Combining District setbacks affect variance needs?

B-district setbacks override the base district’s yard standards. If those setbacks constrain your design, any variance must still meet the special-circumstances and no-special-privilege findings. § 20.42.020–.030; § 20.78.040(A)–(B)

What happens if I violate variance conditions?

Permit conditions take effect upon use initiation and must be strictly complied with; violating conditions is a zoning violation and a public nuisance, subject to enforcement. § 20.90.050

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