Local zoning · Monterey Park

Monterey Park — Nonconforming Uses

Q: What is a "legal nonconforming use" in Monterey Park?

A use, structure, or lot is a legal nonconforming use only if it was established or created in full compliance with the rules that applied at the time it was established but later became inconsistent with the current Code; see § 21.30.020 .

Q: If my nonconforming store is damaged by fire, can I rebuild it?

Different rules apply by use-type: a nonconforming residential structure may be reestablished after damage; a nonconforming nonresidential use can only be reestablished with a conditional use permit; see § 21.30.030 .

Nonconforming Uses under the Monterey Park local zoning and planning code, with the controlling citations.

Ask a question free See coverage

Last reviewed: July 2, 2026

Overview

This page summarizes how the City of Monterey Park treats nonconforming uses, structures, and lots under the Monterey Park Zoning Code (Title 21). It synthesizes the rules that determine when an existing use or building may continue, when it must stop, and what approvals are required to change, repair, reconstruct, or replace nonconforming development. All rules below are drawn from the Monterey Park Zoning Code; specific citations appear inline for each rule.

Key City-level rules (plain legal anchors)

Legal nonconforming status: an existing use, structure, or lot is “legal nonconforming” only if it was lawful at the time it was established and later became inconsistent with the Code; see § 21.30.020 .
Abandonment: a nonconforming use that voluntarily discontinues for 12 continuous months or more cannot be reestablished; see § 21.30.080 .
Damage / destruction: a nonconforming residential structure may be reestablished after damage; nonresidential nonconforming uses may be reestablished only with a conditional use permit (CUP); see § 21.30.030 .
Voluntary demolition: if the nonconforming building is voluntarily demolished or demolished through neglect, replacement must be with a conforming use and structure; see § 21.30.040 .
Expansion & alteration limits: expansions of nonconforming uses and structures are generally prohibited unless a CUP or other specific allowance applies; see § 21.30.050 and § 21.30.070 .
Abatement and termination: the City Planner can declare a nonconformity abated for listed causes and issue orders; appeals go to the Planning Commission; see § 21.30.150 .
City removal: if the owner fails to abate as ordered, the City may remove the nonconforming structure and lien the property; see § 21.30.160 .

(If you need the full text of the chapter, see the Monterey Park Zoning Code chapter on Nonconforming Uses: § 21.30.010 et seq. .)

District-by-district breakdown

The Code establishes named zones in § 21.02.210 (for example R-1, R-2, R-3, N-S, S-C, C-B, R-S, C-S, C-P, O-S, P-D, S-C-H, S-P) and then lists permitted uses and development standards in various chapters and tables. Use-permission and nonconforming rules operate inside each district according to those underlying tables and development standards; the City Planner interprets ambiguous uses (see § 21.02.120) .

Note: below, the “Typical permitted uses” column pulls from the Code’s permitted-use tables (residential Table 21.08, commercial Table 21.10(A/B), and zone-specific sections). Where precise dimensional numbers are given in the Code they are cited; where not found in the retrieved materials I mark that field "Not found in retrieved materials" and advise verification with the jurisdiction.

R-1 — Single-Family Residential Zone

Purpose: preserve single-family neighborhoods and regulate density and accessory uses; zone list in § 21.02.210 .
Typical permitted uses: single-family dwellings, limited accessory uses (garages, pools, home occupations), small licensed day care and community care for ≤6 persons; Table 21.08(A)/(B) shows permitted and limited items for R-1 .
Key dimensional standards: Not found in retrieved materials for a consolidated numeric list for R-1; development standards are referenced throughout Title 21 — verify with the Planning Division and the Code’s development-standards tables (see the Monterey Park Development Standards page). Citywide hillside and residential-specific yard rules are in the Code and apply to residential zones (see Table 21.08(E) and related yard standards) .
Where it applies: City parcels mapped R-1 (see zoning map) — zone designations codified at § 21.02.210 .

R-2 — Medium Density Residential Zone

Purpose: allow duplexes and medium-density housing subject to residential standards.
Typical permitted uses: multiple dwelling units, single-family, community care facilities (≤6 persons), limited conditional uses (assembly halls, child care centers) per Table 21.08(A) .
Key dimensional standards: Not found in retrieved materials as a single-number table for R-2 — check the Code’s development standards and Table 21.08(E) for building placement rules and hillside triggers; verify with the Planning Division .
Where it applies: parcels designated R-2 on the zoning map; nonconforming rules apply under Chapter 21.30 .

R-3 — High Density Residential Zone

Purpose: allow higher-density multifamily development.
Typical permitted uses: multifamily dwellings, certain institutional uses by CUP, accessory uses listed in Table 21.08(B) .
Key dimensional standards: See mixed residential development rules and underlying development standards; verify for setbacks, height, and FAR with the Code and Development Standards .
Where it applies: mapped R-3 parcels; nonconforming multifamily rebuild rules (reconstruction limits) are in § 21.30.100 for multifamily structures .

N-S — Neighborhood Shopping Center Zone

Purpose: local shopping centers; standards for frontage and pedestrian realm in commercial chapters.
Typical permitted uses: commercial retail, eating/drinking, service uses per commercial tables; see Table 21.10(B) development standards and permitted-use listings in Chapter 21.10 .
Key dimensional standards: Table 21.10(B) gives lot width min. 50 ft, lot area 5,000 sq ft, front yard 0 ft, max building height 28 ft / 2 stories for N-S; see § 21.10.070 and Table 21.10(B) .
Where it applies: mapped N-S commercial areas; nonconforming commercial uses follow Chapter 21.30 (damage, expansion, abandonment rules) .

S-C — Shopping Center Zone

Purpose: larger shopping centers and retail concentration.
Typical permitted uses: similar to N-S but broader retail, restaurants; see Chapter 21.10 and Table 21.10(B) .
Key dimensional standards: Table 21.10(B) shows lot width 50 ft; lot area 15,000 sq ft; height up to 40 ft/3 stories; side/rear setbacks especially where adjacent to residential (15 ft) — see § 21.10.070 and Table 21.10(B) .
Where it applies: mapped S-C areas.

C-B — Central Business Zone

Purpose: downtown/core commercial uses with pedestrian orientation and higher FAR allowances.
Typical permitted uses: central business uses, mixed-use subject to limits, retail, restaurants; see commercial tables and mixed-use policy sections .
Key dimensional standards: Table 21.10(B) lists lot width 50 ft; lot area 10,000 sq ft; front yard 5 ft min / 10 ft max; building height up to 40 ft/3 stories (exceptions apply) .
Where it applies: downtown and C-B mapped parcels.

R-S — Regional Specialty Center Zone

Purpose: larger regional retail/entertainment/commercial centers.
Typical permitted uses: major retail, services, some entertainment and mixed-use; see Table 21.10(B) and zone descriptions .
Key dimensional standards: lot width 200 ft; lot area 30,000 sq ft; building height up to 50 ft/4 stories per Table 21.10(B) .
Where it applies: mapped R-S parcels.

C-S and C-P — Commercial Services & Commercial-Professional Zones

Purpose: service-oriented commercial and office/professional uses respectively.
Typical permitted uses: offices, clinics, professional services, retail by limitations in Table 21.10(B) and zone-specific lists .
Key dimensional standards: Table 21.10(B) provides minimum lot sizes, height limits typically 40 ft / 3 stories, and 15 ft setbacks adjacent to residential .
Where it applies: mapped parcels for C-S and C-P.

O-S — Open Space Zone

Purpose: preserve parks, recreation and conservation uses; see Chapter 21.07 (purpose and permitted uses) .
Typical permitted uses: parks, recreation, passive open space; see § 21.07.020 .
Key dimensional standards: Not typically applicable in the same way as commercial/residential zones — see § 21.07.010 and § 21.07.020 for allowed activities .
Where it applies: mapped open-space parcels.

P-D — Planned Development District (Overlay)

Purpose: site-specific planned development standards and mixed-use implementations (PD overlay is an overlay and modifies base zone standards) .
Typical permitted uses: depends on the approved PD; check the specific PD ordinance or map.
Key dimensional standards: are established by each PD approval (Not found in retrieved materials generically) — consult PD binding documents and the Monterey Park Overlay Districts resource and the Code for project-specific conditions.
Where it applies: as mapped (P-D overlay parcels).

S-C-H — Senior Citizen Housing Overlay

Purpose: overlays to facilitate senior housing where shown on the zoning map.
Typical permitted uses & standards: subject to Chapter references for senior housing; for use permissions see the underlying zone plus the overlay provisions (Not found in retrieved materials for a consolidated standard).
Where it applies: mapped overlay areas; verify project-specific overlay rules.

S-P — Saturn Park Innovation/Technology Zone

Purpose: promote light industrial / innovation/tech campus uses with special setbacks and height rules; see Chapter 21.14 and the S-P-specific provisions (S-P standards are explicit in the Code) .
Typical permitted uses: commercial, light manufacturing, research and development, professional offices (with heavier industrial uses limited or prohibited) — see S-P purpose language and use lists in S-P chapter .
Key dimensional standards: minimum lot width 50 ft; S-P yards: no front yard required, side/rear vary but where adjacent to R-zone the Code requires 50 ft plus five ft per story above one, rear yard and height limits 40 ft / 3 stories (see § 21.14.080 and § 21.14.090) .
Where it applies: mapped S-P parcels; consult § 21.14 for specific S-P site standards .

Most decision-relevant standards (quick table)

Topic	Rule (plain-English)	Code Reference
Legal nonconforming definition	A use/structure/lot is legal nonconforming only if it was lawful when established	§ 21.30.020
Abandonment (no reestablish)	If discontinued for 12 months it cannot be reestablished	§ 21.30.080
Reconstruction after damage	Residential may be rebuilt; nonresidential requires a CUP to reestablish	§ 21.30.030
Voluntary demolition	If owner demolishes nonconforming structure, replacement must be conforming	§ 21.30.040
Expansions	Nonconforming uses/structures may not be enlarged without CUP (exceptions for limited alterations)	§ 21.30.050, § 21.30.070
Nonconforming lots	A legal nonconforming parcel can be built on only if it was a legal lot of record; cannot be further subdivided	§ 21.30.140
Nonconforming fences/walls	Fences and walls must be altered to conform; cannot be expanded otherwise	§ 21.30.120
City authority to remove	City may remove nonconforming structure and lien costs if owner fails to comply	§ 21.30.160
Commercial development standards	N-S, S-C, C-B, R-S, C-S, C-P dev. standards including setbacks, lot sizes, heights summarized in Table 21.10(B)	§ 21.10.070 and Table 21.10(B)

Practical guidance and plain-English synthesis

First confirm whether your existing use is a legal nonconforming use by establishing the date the use/structure was first lawfully established (permits/records). The Code defines legal nonconforming status in § 21.30.020 .
If your nonconforming use was simply discontinued for 12 months or more, you have lost the right to resume that old use; any re-use must be conforming to current rules (see § 21.30.080 for the 12‑month rule) .
Repairs and maintenance that do not expand the nonconforming building are generally allowed; structural alterations that increase area are treated as expansions and are restricted (see § 21.30.090 and § 21.30.070) .
If your nonconforming building was badly damaged, the Code distinguishes single‑family, multifamily, and nonresidential reconstruction. Multifamily and single-family reconstruction have detailed rules and time limits for permit filing and start of work—see § 21.30.100 and § 21.30.110 .
Want to change a nonconforming commercial use (hours, intensity, floor area)? The Code generally requires a conditional use permit for alterations that would enlarge or intensify the nonconforming use; see § 21.30.050 and § 21.30.070 .
For any proposed work, check the zone-specific development standards (setbacks, height, FAR) in the Code’s development tables (for example Table 21.10(B) for many commercial zones) and consult the City Planner if a use is not expressly listed — the City Planner has interpretive authority under § 21.02.120 .
When working through a project you will likely need to reconcile nonconforming-use rules with other chapters: for example, signage (Chapter 21.24) has its own nonconforming sign rules, and the City’s design review requirements (Chapter 21.36) may apply for visible exterior changes — consult the Monterey Park Design Review and Monterey Park Signage pages.

Make sure you also check the City’s rules on parking (including off-street parking requirements) and how they interact with rebuilding or changes to nonconforming uses; see the Monterey Park Parking page and the Code’s off‑street parking chapters when evaluating reconstruction requirements (reconstruction of structures >50% may trigger parking re-provision, see § 21.30.110(B)) .

Checklist (what an applicant must satisfy for projects involving a nonconforming use/structure)

Establish whether the use/structure/lot is a legal nonconforming status (date of lawful establishment/permits). See § 21.30.020 .
Confirm whether the nonconforming use has been abandoned (12-month rule). See § 21.30.080 .
If damaged, determine which reconstruction rule applies (single-family § 21.30.110, multifamily § 21.30.100, nonresidential § 21.30.030) .
If altering or expanding, plan to apply for a conditional use permit where required (expansions/intensifications are restricted). See § 21.30.050 and § 21.30.070 .
For nonconforming parcels, verify lot-of-record status before developing; lot line adjustments must not increase nonconformity. See § 21.30.140 .
For projects in commercial zones, check Table 21.10(B) for setbacks, lot size, height and FAR and reconcile proposed work with development standards .
If the project affects historic properties, check the historic exemption and confer with the Planning Commission (historic nonconforming determinations in § 21.30.130) .
Consult the City Planner (interpretation authority) and be prepared to appeal to the Planning Commission if disagreeing with an administrative determination (§ 21.02.120, § 21.32 appeal rules) .

Risks & Ambiguities

Issue	Why it matters	What to verify
Was the historic use fully lawful when established?	Only a use that was lawful at the time can be “legal nonconforming.” If not, it is a continuing violation.	Obtain permit/occupancy records or evidence of lawful operation from the date of establishment; verify legal nonconforming status under § 21.30.020 .
Has the nonconforming use been abandoned (12 months)?	Loss of right to resume the nonconforming use is automatic after 12 months of discontinuance § 21.30.080	Check business license records, utility records, and operations evidence to show continuous use or discontinuance.
If damaged >50%, can I rebuild the same building?	Different rules for residential vs nonresidential and for percentage of damage; rebuilding may be limited or require updates and CUPs § 21.30.100, § 21.30.110	Obtain damage assessment, determine percent replacement of exterior walls, and plan timeline for permit application (some reconstructions require application within 12 months) .
Is an alteration considered an expansion?	Expansions are generally prohibited without CUP; even small increases can trigger the expansion rule § 21.30.050	Provide square-foot and footprint comparisons to the lawful pre-change condition; consult the City Planner.
How do ADU laws interact with nonconforming zoning?	State ADU law limits denying ADUs because of nonconforming zoning conditions; local rules still apply for health/safety risks (State law interacts with local nonconformance) — see state ADU guidance and local Code references	Verify with the Planning Division: check Code sections regarding ADUs + State ADU law; see Monterey Park ADU guidance and the California Building Standards Code (California Building Standards Code) .
Which code provision controls where multiple chapters conflict?	The more restrictive provision applies; rights continued only as the Code specifies § 21.02.150 and § 21.02.160	If conflict exists (e.g., signs vs nonconforming use), ask the City Planner for an interpretation (authority § 21.02.120) .

Plain-English Summary

If your building or business in Monterey Park no longer matches the current zoning rules because it was built or started earlier, the City allows it to continue in many cases — but you generally cannot expand it, you may lose the right to continue if you stop operating for a year, and rebuilding after demolition or major damage is limited and may require a conditional use permit. The detailed rules are in Chapter 21.30 of the Zoning Code; confirm dates, permits and records with the City Planner to determine your specific rights under § 21.30.010 through § 21.30.170 .

Source References

Monterey Park Zoning Code — Chapter 21.30, Nonconforming Uses, Buildings and Structures (§ 21.30.010 through § 21.30.170) .
Monterey Park Zoning Code — Definition of Nonconforming Use (§ 21.04.601) and related definitions .
Monterey Park Zoning Code — Abandonment and reconstruction provisions (§ 21.30.080, § 21.30.100, § 21.30.110) .
Monterey Park Zoning Code — Nonconforming Lots rules (§ 21.30.140) .
Monterey Park Zoning Code — Abatement, appeals, and City removal (§ 21.30.150, § 21.30.160) .
Monterey Park Zoning Code — Zone designations and permitted uses (Table 21.08 Residential permitted uses; § 21.02.210) .
Monterey Park Zoning Code — Commercial development standards and Table 21.10(B) (setbacks, lot sizes, heights) and Chapter 21.10 standards (§ 21.10.070, Table 21.10(B)) .
Monterey Park Zoning Code — S-P Zone standards (yards and height rules) (§ 21.14.080, § 21.14.090) .
State ADU guidance (context where ADU and nonconforming zoning intersect) — California ADU handbook excerpts included in the materials; see internal ADU guidance and the Monterey Park ADUs page for local ADU procedures .

Sources

Retrieved passages

Monterey Park Zoning Code (§ 3) High relevance
Monterey Park Zoning Code (section shall) High relevance
Monterey Park Zoning Code (§ 3) High relevance
Monterey Park Zoning Code (§ 3) High relevance
Monterey Park Zoning Code (section are) High relevance
Monterey Park Zoning Code (§ 3) High relevance
Monterey Park Zoning Code (§ 3) High relevance
Monterey Park Zoning Code (§ 3) High relevance
Monterey Park Zoning Code (§ 3) Medium relevance
Monterey Park Zoning Code (§ 66314) Medium relevance
CBC § 66314 (§ 66314) Medium relevance
Monterey Park Zoning Code (§ 66333) Medium relevance
CBC § 66321 (§ 66321) Medium relevance
Monterey Park Zoning Code (§ 3) Medium relevance
Monterey Park Zoning Code Medium relevance
Monterey Park Zoning Code (§ 3) Medium relevance
Monterey Park Zoning Code (§ 3) Medium relevance
Monterey Park Zoning Code (§ 21.10.070.) Medium relevance
CBC § 202 (section 202) Medium relevance
Monterey Park Zoning Code (§ 3) Medium relevance
Monterey Park Zoning Code (§ 3) Medium relevance

Cited sections

Official Monterey Park code library

Frequently asked questions

What is a "legal nonconforming use" in Monterey Park?

A use, structure, or lot is a legal nonconforming use only if it was established or created in full compliance with the rules that applied at the time it was established but later became inconsistent with the current Code; see § 21.30.020 .

Can I expand a business that is a nonconforming use?

No — expansions or enlargements of a nonconforming use are generally prohibited without first obtaining a conditional use permit; limited alterations that do not enlarge the lawful footprint or intensify the use may be approved under § 21.30.050 and § 21.30.070 .

If my nonconforming store is damaged by fire, can I rebuild it?

Different rules apply by use-type: a nonconforming residential structure may be reestablished after damage; a nonconforming nonresidential use can only be reestablished with a conditional use permit; see § 21.30.030 .

Does the 12‑month abandonment rule apply to businesses and houses?

Yes — any nonconforming use that is voluntarily discontinued or ceases operations for a continuous period of 12 months or more cannot be reestablished and any future use must conform to current Code requirements (§ 21.30.080) .

If I demolish a nonconforming building on purpose, can I rebuild the same use?

No. A nonconforming use occupying a structure that is voluntarily demolished or demolished due to neglect can only be replaced with a use that fully complies with current Code requirements (§ 21.30.040) .

Are nonconforming lots buildable if they don't meet current lot-size rules?

A parcel that does not comply with current minimum lot area/dimensions is an allowed building site only if it was a legal lot of record at the time it was created; nonconforming parcels cannot be further subdivided and lot-line changes cannot increase the nonconformity (§ 21.30.140) .

Do nonconforming signs have special rules in Monterey Park?

Yes. Nonconforming signs may be continued but cannot be moved, enlarged, structurally altered to extend life, or re-established after >50% damage unless required by law or resulting in elimination of the nonconformity; see the sign chapter and § 21.24.720–.750 for details (nonconforming sign schedules and abatement) .

How does Monterey Park treat historic properties that are nonconforming?

The Planning Commission may find a structure or use that is national, state, or locally designated historic to be nonconforming and exempt from the nonconforming chapter; see § 21.30.130 .

If the City orders abatement and I disagree, what are my rights?

The City Planner’s abatement order is appealable to the Planning Commission within 30 days; the Commission holds a public hearing and considers evidence including age, cost, and feasibility of relocation; see § 21.30.150 .

Does state ADU law override local nonconforming zoning when adding an ADU?

State ADU law limits the ability of local governments to deny ADU permits because of nonconforming zoning conditions in many cases; local ADU rules must also be reconciled with the Zoning Code and building code requirements — see State ADU guidance in the materials and consult the City’s ADU page and the California Building Standards Code for building requirements .

Ask about any Monterey Park property

Get a cited, plain-English answer on Monterey Park zoning, setbacks, FAR, ADUs and permits — for any address.

Start Free Trial