Local zoning · Monterey

Monterey — Nonconforming Uses

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

Last reviewed: July 6, 2026

Overview

Monterey regulates nonconforming lots, structures, and uses in the Land Use Zoning Ordinance, Chapter 38 of the Monterey City Code. Article 28 sets the lifecycle rules for when a legal nonconformity may continue, what changes are allowed, when rights are lost to abandonment, and how damaged structures can be rebuilt. This page translates those rules into practical guidance and ties them to the base districts and overlays you’ll see on the City’s zoning map, with references to the specific §§ you can bring to City staff. See the broader context in the Monterey zoning & planning overview and the district rules in Monterey Zoning.

The core rule: a lawful nonconforming use or structure may continue, but Monterey generally prohibits expanding it; after 18 months of intentional discontinuance, a nonconforming use loses its status (dwelling units excluded from abandonment), and calamity-damaged legal nonconforming buildings may be rebuilt to their prior footprint if work starts within 18 months. See §§ 38-213, 38-214, 38-215, 38-216.

What counts as “nonconforming” in Monterey

Definitions are in the code glossary:
- A Nonconforming Lot is a legally created lot smaller or narrower than current standards for its district. § 38-11 (Nonconforming Lot)
- A Nonconforming Structure is a lawfully established structure that no longer meets current standards (e.g., setbacks, height, FAR). § 38-11 (Nonconforming Structure)
- A Nonconforming Use is a lawfully established land use that doesn’t match today’s use regulations for the district. § 38-11 (Nonconforming Use)

The Article 28 rules in plain English

Continuation and maintenance
- A lawful nonconforming use may continue; a lawful nonconforming structure may be used and maintained. § 38-213 A–B
- Being out of date on parking, loading, planting area, or screening alone does not make a use “nonconforming” as a use. § 38-213 C
- Routine maintenance and repairs are allowed for both nonconforming uses and structures. § 38-213 D
Alterations and enlargements
- A structure that houses a nonconforming use generally cannot be moved, altered, or enlarged unless it eliminates the nonconformity; a limited exception in R districts allows up to a 10% increase in habitable floor area for a nonconforming residential use with no increase in unit count (Planning Commission approval). § 38-214 A
- You can’t expand the footprint or floor area devoted to the nonconforming use, or extend it onto new parts of the site. § 38-214 B–C
- You can alter a nonconforming structure so long as you do not increase the discrepancy (e.g., don’t push a wall further into the setback); variances are not required for alterations that do not increase the nonconformity. Moving or enlarging the structure requires the new work to fully conform. § 38-214 D
- A nonconforming use may be changed to another nonconforming use only after a noticed hearing and a use permit, with findings under § 38-161. § 38-214 E
- Uses that fail performance standards in § 38-111 cannot be enlarged unless the enlargement eliminates the nonconformity with the required conditions. § 38-214 F
Abandonment
- If intentionally discontinued or changed to a conforming use for 18+ consecutive months, a nonconforming use may not be reestablished; this abandonment rule does not apply to nonconforming dwelling units. § 38-215
Damage and restoration
- Legal nonconforming uses/structures destroyed “to any extent” by calamity or public enemy may be rebuilt to their prior size and location (no expansion beyond the original footprint) if work starts within 18 months and proceeds diligently; rebuilding must meet adopted Uniform Codes unless exempted as a historical structure. § 38-216 A
- If a nonconforming structure is voluntarily razed or required by law to be razed, it may not be restored and the nonconforming use may not resume. § 38-216 B
New tenants on sites with certain nonconforming site features (C and I districts)
- For a zoning permit to occupy a site in a C or I district that lacks screening, walls/fences, paving, or planting areas, Monterey can require a schedule to eliminate or substantially reduce those nonconformities over up to five years, prioritizing items with significant off-site impacts. § 38-217

Tie-ins to other Monterey processes:

Changes of nonconforming use require a use permit and § 38-161 findings; see Monterey Design Review for process context when projects also trigger design/architectural review. § 38-214 E; § 38-161
When you touch dimensional standards (setbacks, height, coverage), check Monterey Development Standards and your base district table; remember alterations cannot increase a structure’s nonconformity. § 38-214 D
Parking nonconformities are managed under Article 18; see Monterey Parking for current ratios and screening triggers referenced in § 38-213 C and § 38-217.
Rebuilding after calamity must comply with the City’s adopted codes; see California Building Standards Code for context. § 38-216 A
Historic properties can have special considerations during restoration; see Monterey Historic Preservation (the code expressly notes possible exceptions for historical structures). § 38-216 A

Key nonconforming rules at a glance

Topic	Monterey rule	Practical takeaway	Code Reference
What “nonconforming” means	Nonconforming lot, structure, use are defined in § 38-11	Confirm your status before planning work	§ 38-11
Keep using it?	Lawful nonconforming uses/structures may continue; routine maintenance ok	Day-to-day operations and repairs are allowed	§ 38-213 A–D
Alter a nonconforming structure	No increasing the discrepancy; moving/enlarging must conform	Additions must meet current setbacks/height/FAR	§ 38-214 D
Expand a nonconforming use	No expansion; limited R-district exception (≤10% habitable floor area; no new units; PC approval)	Most expansions are not allowed	§ 38-214 A–C
Change to a different nonconforming use	Possible only with use permit and findings	Expect a noticed hearing and conditions	§ 38-214 E; § 38-161
Abandonment clock	18 months of discontinuance ends nonconforming use rights; dwelling units exempt	Don’t leave a nonconforming use idle	§ 38-215
Calamity rebuild	May rebuild to prior footprint; start within 18 months; meet adopted codes unless historic	Move fast; no bigger than before	§ 38-216 A–B
Site features in C/I	New occupancy must include a schedule to fix screening/landscaping/paving gaps within 5 years	Budget for phased corrections	§ 38-217
Parking/landscaping deficits	Don’t alone make a use “nonconforming” as a use	Address through [parking] and landscaping rules	§ 38-213 C

How these rules play out by district

Each base district table cross-references “Nonconforming Uses — See Article 28,” meaning the same Article 28 rules govern everywhere; what differs are the underlying allowed uses and dimensional standards you must not worsen. For complete context, see Monterey Land Use and Monterey Development Standards.

R-E Residential Estate (R-E-20, -30, -40, -120, -200; R-E5A)

Purpose/where it applies: Large-lot single-family neighborhoods (citywide where mapped). § 38-22 A
Typical permitted uses: Single-family, supportive/transitional housing; ADUs/JADUs permitted. § 38-22 B
Key dimensional standards: Minimum lots range from 20,000–200,000 sq ft and up; see table. § 38-22 C
Nonconforming takeaways: If your home encroaches a setback, you can remodel without increasing the encroachment; expansions must meet current setbacks. § 38-214 D

R-1 Residential Single-Family (R-1-5, -6, -8, -10, -12, -15, -20, -40)

Purpose/where it applies: Single-family neighborhoods (citywide where mapped). § 38-23 A
Typical permitted uses: Single-family, supportive/transitional housing; ADUs/JADUs allowed (see Monterey ADUs). § 38-23 B; § 38-112.6
Key dimensional standards: Minimum lots from 5,000–40,000 sq ft; front setback 15 ft (garage face 20 ft), rear 20 ft, max 2 stories/25 ft, FAR 0.40. § 38-23 C–D
Nonconforming takeaways: Limited 10% expansion of a nonconforming residential use in R districts may be allowed by Planning Commission without adding units. § 38-214 A

R-2 Residential Low-Density Multifamily (R-2-5, -6, etc.)

Purpose/where it applies: Duplexes/townhouses/apartments to 14.5 du/ac (citywide where mapped). § 38-24 A
Typical permitted uses: Single-family and small multifamily by right; larger projects by use permit; ADUs/JADUs allowed. § 38-24 B
Key dimensional standards: See Article 5 tables; check that any alteration doesn’t increase nonconformity. § 38-214 D

R-3 Residential Medium-Density Multifamily (R-3-5, -6, -8, -10, -15, -20)

Purpose/where it applies: Medium-density multifamily areas (citywide where mapped). § 38-25; table excerpt § 38-25 C
Typical permitted uses: Multifamily (some by right, some by permit); public/semi-public by permit. § 38-25 B
Key dimensional standards: Minimum lots 5,000–20,000 sq ft per subdistrict. § 38-25 C
Nonconforming takeaways: For conversions/new tenants, ensure parking and site standards in Article 18/17 are satisfied or scheduled per § 38-217 if in a C/I zone (R-3 itself is residential).

C-1 Neighborhood Commercial

Purpose/where it applies: Neighborhood-serving retail near housing (citywide where mapped). § 38-28 A
Typical permitted uses: Retail, personal services; many activities by use permit; residential mixed-use allowed per rules. § 38-28 B
Key dimensional standards: Min lot 5,000 sq ft; height 2 stories/25 ft; lot coverage 50% (higher with use permit). § 38-28 C
Nonconforming takeaways: New occupancy on a C-1 site with missing screens/planting/paving may need a correction schedule up to 5 years. § 38-217

C-2 Community Commercial

Purpose/where it applies: Larger-format commercial corridors (citywide where mapped). § 38-29; land-use table excerpts
Typical permitted uses: Broad retail/service mix; some by use permit.
Key dimensional standards: Min lot 5,000 sq ft; height 2 stories/25 ft (3 stories/35 ft with use permit); lot coverage 50%. § 38-29 C (table)
Nonconforming takeaways: As with C-1, expect a site-upgrade schedule for screening/landscaping/paving at tenant change. § 38-217

C-3 General Commercial

Purpose/where it applies: Auto-oriented and heavier commercial. § 38-31; land-use table excerpts
Typical permitted uses: Wide retail/vehicle services; many uses by right or permit.
Key dimensional standards: See district tables; alterations cannot worsen any existing setback/height nonconformity. § 38-214 D
Nonconforming takeaways: New occupancy triggers the § 38-217 correction-schedule tool if site features are deficient.

C‑O Office and Professional

Purpose/where it applies: Office and professional districts (citywide where mapped). § 38-31 (C‑O regs)
Typical permitted uses: Offices, related institutional uses.
Key dimensional standards: Front 20 ft; side 5–10 ft; rear 10 ft; height 2 stories/25–30 ft; coverage 50%. § 38-31 C (table)
Nonconforming takeaways: Treat exterior work like any nonconforming structure—no increase to discrepancies. § 38-214 D

CR Cannery Row District

Purpose/where it applies: The Cannery Row visitor-commercial area. § 38-32 A
Typical permitted uses: Visitor-oriented retail, restaurants, cultural and public uses; many by permit.
Key dimensional standards: Min lot 5,000 sq ft; tailored height/FAR/view-sightline controls. § 38-32 C (table/notes)
Nonconforming takeaways: Any alteration of nonconforming elements must not increase discrepancies; CR has coastal/view policies that further constrain changes. § 38-214 D; § 38-32 notes

I‑R Industrial, Administration & Research

Purpose/where it applies: Modern administrative, R&D, and non-nuisance industrial campuses. § 38-39; § 38-40 A
Typical permitted uses: Research, labs, limited industry, some commercial support uses. § 38-40 B (tables)
Key dimensional standards: Front 35–50 ft, side 30–50 ft, rear 30–50 ft; height 35 ft; coverage 30–40%. § 38-40 C (table)
Nonconforming takeaways: New occupancy often requires a schedule to fix screening/landscaping/paving gaps under § 38-217.

O Open Space

Purpose/where it applies: Public/semi-public/open space, including waterfront constraints. § 38-44; tables/notes (waterfront limits)
Typical permitted uses: Parks, certain utilities and public-serving uses under use permits.
Key dimensional standards: By use permit or nearest base district if no permit is required. § 38-45
Nonconforming takeaways: Most changes will be discretionary; do not increase any structural nonconformity. § 38-214 D

VAF Visitor Accommodation Facility

Purpose/where it applies: Hotels and limited-occupancy accommodations. § 38-34; § 38-36 (table)
Typical permitted uses: Visitor accommodation facilities by use permit; time-share prohibited. § 38-35
Key dimensional standards: Hotel yards 10 ft all sides; max lot coverage 30%; parking per Article 18. § 38-36 (table)
Nonconforming takeaways: Exterior work must not increase nonconforming conditions; expansions are discretionary and often involve [design review]. § 38-214 D; § 38-37

District tables always point you back to Article 28

Look for “Nonconforming Uses — See Article 28” in district tables like R‑1, C‑1, C‑2, C‑3, C‑O, CR, I‑R, and O; that note confirms these Article 28 rules apply citywide.

Special notes you might care about

ADUs in the presence of nonconforming conditions: The City’s ADU provisions allow ADUs with specific protections; state law limits denials based on existing zoning nonconformities that are not health/safety issues. See Monterey ADUs and state guidance.
Overlays can add constraints or flexibilities (e.g., Design Control, Development Control, Historic, Special Setback). See Monterey Overlay Districts.

Checklist

Confirm your status is a lawful nonconformity under the definitions in § 38-11 (lot, structure, use).
Identify whether you’re dealing with a nonconforming use or a nonconforming structure; different limits apply. § 38-213
Plan any alterations so they do not increase a structure’s discrepancy from today’s standards; any increase must fully conform. § 38-214 D
If proposing to change one nonconforming use to another, prepare for a use permit and § 38-161 findings. § 38-214 E
Avoid gaps of 18+ months in operating a nonconforming use (except dwelling units). § 38-215
If calamity damage occurred, start restoration within 18 months, match the prior footprint, and meet adopted codes. § 38-216 A
For new occupancy in a C or I district with site deficiencies (screening/paving/planting), submit a phased correction schedule (≤5 years). § 38-217
Coordinate any required [design review] and confirm base district standards in Monterey Development Standards; consider [variances and exceptions] only where allowed. § 38-214 D; § 38-156–161

Risks & Ambiguities

Issue	Why it matters	What to verify
What counts as “intentional discontinuance” for 18 months	Losing rights to a nonconforming use is a major impact	Evidence of active use vs. vacancy; note the dwelling unit carve-out in § 38-215.
“Increase the discrepancy” when altering a nonconforming structure	Minor additions can be ok; pushing further into a setback is not	Site plan showing existing and proposed setbacks/height/FAR; confirm no variance is needed per § 38-214 D.
Rebuilding after partial demolition vs. “voluntarily razed”	Voluntary raze bars restoration of nonconformity	Scope of demolition; whether the event is a calamity (rebuild allowed) or voluntary (not allowed) under § 38-216.
Changing to another nonconforming use	Requires noticed hearing and findings	Feasibility of § 38-161 findings; conditions likely to be imposed. § 38-214 E; § 38-161.
New occupancy on sites with missing screening/landscaping	Can add time/cost	City-accepted 5‑year correction schedule and priorities per § 38-217; tie-ins to [parking] standards.
ADUs on nonconforming lots/structures	State law narrows denial grounds	Whether local and state ADU rules allow your plan despite existing nonconformities; see Monterey ADUs and state guidance.
Overlay constraints (Historic, Design Control)	Can change what alterations are approvable	Overlay triggers and any historic exceptions noted in § 38-216 A; coordinate with Monterey Historic Preservation.

Plain-English Summary

If your building or use was legal when created but no longer matches today’s zoning, Monterey lets you keep using it and maintain it. You generally can’t expand a nonconforming use, and you can’t worsen a structure’s nonconforming setbacks or height. If a nonconforming use stops for 18 months, you can’t restart it (homes are exempt). After a fire or similar event, you can rebuild to the old footprint if you start within 18 months and meet current codes. In commercial/industrial zones, new tenants on sites with missing screening/landscaping may need a plan to fix those items over time.

Source References

Article 28 Nonconforming Uses and Structures: §§ 38-212–38-217 (purposes; continuation; alterations; abandonment; restoration; site-feature corrections)
Definitions: § 38-11 (Nonconforming Lot/Structure/Use)
Use permit findings: § 38-161
Representative district standards and “See Article 28” notes: R‑1 § 38-23 (tables) ; R‑E § 38-22 (tables) ; R‑3 § 38-25 (tables) ; C‑1 § 38-28 (tables) ; C‑2 § 38-29 (tables) ; C‑3 § 38-31 (tables) ; C‑O § 38-31 (tables) ; CR § 38-32 (description/tables/notes) ; I‑R § 38-40 (description/tables) ; O §§ 38-44–38-46 (tables/notes) ; VAF §§ 38-34–38-37 (tables)
ADU state guidance re nonconforming conditions (context): 2025 California ADU Handbook (HCD)

Also see: Monterey Development Standards; Monterey Parking; Monterey Design Review; Monterey Overlay Districts; Monterey Historic Preservation; Monterey Land Use; California Building Standards Code.

Sources

Retrieved passages

Monterey Zoning Code (§ 19) High relevance
Monterey Zoning Code (§ 19) High relevance
Monterey Zoning Code (§ 4) High relevance
Monterey Zoning Code (Section 38-111) High relevance
Monterey Zoning Code (chapter or) High relevance
Monterey Zoning Code (Article 28) High relevance
Monterey Zoning Code (Section 38-112.4) High relevance
Monterey Zoning Code (§ 38-196.) High relevance
Monterey Zoning Code (Article 28) High relevance
Monterey Zoning Code (chapter or) Medium relevance
Monterey Zoning Code (Article 22.) Medium relevance
Monterey Zoning Code (§ 66314) Medium relevance
Monterey Zoning Code (§ 66333) Medium relevance
CBC § 66314 (§ 66314) Medium relevance
Monterey Zoning Code (Article 19) Medium relevance
Monterey Zoning Code (Article 28) Medium relevance
Monterey Zoning Code (Article 20) Medium relevance
Monterey Zoning Code (Section 38-41.) Medium relevance
Monterey Zoning Code (chapter which) Medium relevance
Monterey Zoning Code (§ 19) Medium relevance
Monterey Zoning Code (chapter to) Medium relevance
Monterey Zoning Code (Article 28) Medium relevance
Monterey Zoning Code (chapter shall) Medium relevance
Monterey Zoning Code (§ 19) Medium relevance
Monterey Zoning Code Medium relevance
Monterey Zoning Code (Article 27.) Medium relevance
Monterey Zoning Code (§ 19) Medium relevance
Monterey Zoning Code (chapter which) Medium relevance

Cited sections

Article 28 Nonconforming Uses and Structures: §§ 38-212–38-217 (purposes; continuation; alterations; abandonment; restoration; site-feature corrections) (Article 28)
Definitions: § 38-11 (Nonconforming Lot/Structure/Use) (§ 38-11)
Use permit findings: § 38-161 (§ 38-161)
Representative district standards and “See Article 28” notes: R‑1 § 38-23 (tables) ; R‑E § 38-22 (tables) ; R‑3 § 38-25 (tables) ; C‑1 § 38-28 (tables) ; C‑2 § 38-29 (tables) ; C‑3 § 38-31 (tables) ; C‑O § 38-31 (tables) ; CR § 38-32 (description/tables/notes) ; I‑R § 38-40 (description/tables) ; O §§ 38-44–38-46 (tables/notes) ; VAF §§ 38-34–38-37 (tables) (Article 28)
ADU state guidance re nonconforming conditions (context): 2025 California ADU Handbook (HCD)
Monterey_ZoningCode.md
2025 California ADU handbook.md

Frequently asked questions

Can I expand a nonconforming house in a Monterey R-1 zone?

You can remodel and maintain it, but you cannot increase the structure’s nonconforming aspects (e.g., push further into a setback). Any enlargement must meet current standards. A limited exception lets the Planning Commission allow up to a 10% increase in habitable floor area for a nonconforming residential use in an R district without adding units. § 38-214 A, D

What happens if my nonconforming business use pauses for a year or two?

If a nonconforming use is intentionally discontinued or changed to a conforming use for 18 or more continuous months, the right to that nonconforming use is lost and it cannot be reestablished. This does not apply to nonconforming dwelling units. § 38-215

Can I rebuild a nonconforming building after a fire?

Yes. Legal nonconforming buildings and uses destroyed by calamity may be rebuilt to their pre-damaged size and location—no expansion beyond the original footprint—if you start within 18 months and proceed diligently. Rebuilding must meet the City’s adopted codes unless the structure qualifies for historical exceptions. § 38-216 A

Can I switch from one nonconforming use to another?

Possibly. Monterey allows a change from one nonconforming use to another after a noticed hearing if the Planning Commission grants a use permit based on the findings in § 38-161. Expect conditions to mitigate impacts. § 38-214 E; § 38-161

Do parking or landscaping shortfalls make my use “nonconforming” as a use?

No. Being out of step only on parking, loading, planting areas, or screening does not, by itself, make your use a nonconforming use. However, the City can require you to address those items, especially for new occupancy in C and I districts. § 38-213 C; § 38-217

I’m taking a new tenant in a C-1 storefront with old site deficiencies. What will the City require?

For new occupancy in a C or I district where site features like screening, walls/fences, paving, or planting areas are nonconforming, you must submit a schedule to eliminate or substantially reduce those nonconformities within five years. Priorities may be set by the Community Development Director. § 38-217

How do Cannery Row’s special rules affect a nonconforming building there?

You cannot increase any nonconforming condition. Cannery Row also adds coastal policies for heights, view corridors, and public access that can further limit changes, even for conforming elements. Coordinate early. § 38-214 D; § 38-32 (notes)

Do I need design review to alter a nonconforming structure?

Article 28 controls the nonconforming rules, but many projects also trigger development/architectural review or overlays. Where review is required (e.g., D1/D2 overlays), the Planning Commission applies the usual findings—separate from the nonconforming limits. Verify with the jurisdiction. § 38-214; §§ 38-65–38-68

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