Monterey — Variances and Exceptions

Last reviewed: July 6, 2026

Overview

Monterey’s zoning ordinance (Monterey City Code, Chapter 38) provides two main pathways to depart from strict, by‑right standards: formal variances and a handful of narrowly tailored exceptions authorized elsewhere in the code. Variances address site‑specific physical hardships; exceptions address defined situations like minimal setback “variations,” parking reductions, or Planned Unit Development flexibility. The core variance test is tight, the notice/hearing process is formal, and approvals can lapse if not used.

The single most important rule: a Monterey variance cannot change use or density; it only adjusts development standards when strict application would deprive the property of privileges enjoyed by similar properties, without granting a special privilege. See § 38-156 and § 38-161(B).

What counts as a “Variance” in Monterey

• Purpose and scope. Variances exist to resolve unnecessary physical hardships stemming from size, shape, topography, or similar on‑site conditions. They can adjust fences, walls, landscaping, site area/dimensions, yards, height, distances between structures, open space, signs, special setbacks, and performance standards. They cannot change use or density. See § 38-156.
• Required findings. Approval requires all three findings:
  1. Special circumstances (size, shape, topography, location, surroundings) mean strict code application would deprive the property of privileges enjoyed by nearby, similarly zoned parcels;
  2. No detriment to property or public health/safety;
  3. No special privilege; consistent with the ordinance purposes. See § 38-161(B).
• Who decides. The Planning Commission approves most variances; the Community Development Director/Zoning Administrator can approve a limited set of minor variances listed in the code. See § 38-157 and § 38-160(C).

Process, notice, appeals, and duration

• Submittals. Application requirements are maintained by Planning, Engineering & Environmental Compliance and reviewed by the Planning Commission annually. See § 38-158.
• Public notice and hearing. A hearing is required, noticed by mail and posting (10 days prior; address radius defined). Timelines follow the Permit Streamlining Act. See § 38-159.
• Decision and conditions. The hearing body approves, approves with conditions, or denies; conditions may be imposed to meet ordinance purposes and ensure compatibility. See § 38-160(B) and § 38-162.
• Appeals. Approvals become effective at the end of the appeal period unless appealed to the City Council. See § 38-164.
• Lapse and extensions. Variances lapse after two years unless exercised, with limited extension options (ZA for minor, Planning Commission for major). See § 38-165(B).

Exceptions and “Variance‑alternatives” you should know

• Minimal “Variations to Setback Standards” (R districts only). The Planning Commission may minimally vary setbacks to improve fit with adjacent development. If granted, this replaces the need for a variance; neighbor notice is required, and findings must show privacy is not compromised and the variation is minimal and consistent with adopted design/view/tree standards. See § 38-26 (Variations to Setback Standards).
• Parking exceptions for nonresidential uses. A use permit can reduce required spaces if demand will be less than schedules and/or nearby public parking is adequate; parking in‑lieu payments are also available in designated districts. See § 38-117 and § 38-118.
• Planned Unit Developments (PUD). The Commission may grant exceptions to “normal requirements” where a harmonious, integrated plan justifies them, subject to PUD findings and conditions. See § 38-163(E)(5).
• Construction‑hours exception. The Zoning Administrator may grant a time‑limited exception to construction hours after a noticed hearing, upon showing compliance is impractical and property‑specific factors necessitate it. See § 38-112.2(B).

Zoning Administrator — minor variance authority and thresholds

Monterey delegates a narrow set of minor variances to the Zoning Administrator (ZA), with embedded sideboards to keep them small‑scale:

• Residential setback variances where:
  • Not detrimental (e.g., no privacy impacts to neighbors);
  • Side yard not less than 3 ft; front/rear not less than 10 ft; and
  • There is a physical hardship tied to topography, trees/rock outcroppings, irregular parcel shape, non‑conforming lot dimensions, or existing structure locations; or the case is a single‑story addition aligning with an existing nonconforming setback. See § 38-160(C).
• Fence height variances where the house sits below street grade, abuts commercial zoning, or the fence is open enough to avoid a visual barrier/sightline issues; and specialized fence/wall heights up to 10 ft for residential parcels directly adjacent to Highway 1 if specified design and landscaping criteria are met. See § 38-160(C).
• Other listed minor items: building projections into yards; accessory building height/setbacks/coverage in rear yards; exceptions to height limits for spires/cupolas/monuments/utilities; building separation; paving and parking in residential front setbacks; ZA‑defined minor enforcement items; up to 10% floor‑area expansion of a nonconforming single‑family dwelling; other minor use permits/variances as determined. See § 38-160(C).

How this interacts with other Monterey approvals

• Expect concurrent review with design review in areas under D1/D2/D3 overlays or when architecture is in play. See § 38-68 (Review of Plans).
• “Variations” to setbacks are specific to R districts; check your base standards on the Development Standards page, then consider whether a variation or variance is the right tool. See § 38-26.
• Parking adjustments run through use permits and the City’s Parking provisions. See § 38-117–§ 38-118.
• Historic areas or resources may introduce additional findings or oversight; coordinate early with Historic Preservation. See overlay review flow in § 38-68.
• Nonconforming situations often appear in variance cases; cross‑check the Nonconforming Uses page and Article 28 references signposted throughout Chapter 38. See § 38-26 notes.
• If your proposal changes building or life‑safety aspects, those are handled under the California Building Standards Code, separate from zoning.

District-by-District impacts on variances and exceptions

These notes flag the standards and overlay rules most commonly implicated in Monterey variance/exception requests. For full base‑zone uses, see Monterey Zoning.

R-1 (Single-Family Residential — R‑1‑5 through R‑1‑40)

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Not found in retrieved materials.
• Key dimensional standards that often drive variances:
  • Front yard 15 ft (garages 20 ft minimum), rear yard typically 20 ft (with depth‑based alternative on shallow lots); side yard formulas by lot width; max height 25 ft for dwellings; max FAR 40%. See R‑1 property standards. § 38-22 (tables excerpted in code) and related notes.
• Where it applies: Lots mapped R‑1‑5 through R‑1‑40; minimum lot sizes and widths vary by subzone (5,000–40,000 sq ft; 50–125 ft widths). See R‑1 minimum lot dimensions.
• Exception tip: Before a variance, consider a minimal “variation to setback standards” if the project meets the privacy and neighborhood‑fit findings. See § 38-26 (Variations).

R-3 (Residential Medium‑Density Multi‑family) — small‑lot rules

• Purpose: Not found in retrieved materials.
• Typical permitted uses: Not found in retrieved materials.
• Key small‑lot standards (lots <5,000 sq ft) frequently at issue:
  • Max one dwelling unit; FAR capped at 35% (<3,600 sq ft lots) or 40% (≥3,600 sq ft). See § 38-26(E).
• Where it applies: Parcels mapped R‑3 with lot area under 5,000 sq ft, citywide.

D Design & Development Control Overlays (D1, D2, D3)

• Purpose: Ensure appropriate review where urban design, environmental sensitivity, or historic resources warrant added scrutiny. See § 38-65.
• Typical permitted uses: Overlay adds process/conditions to base zoning; uses derive from the underlying district. Not found in retrieved materials.
• Key standards/process:
  • D1 requires Planning Commission approval for all new construction and exterior alterations/additions. D2/D3 allow imposing stricter conditions than base zoning to protect neighbors/resources (D3 focuses on historic resources). See § 38-68 and overlay provisions.
• Where it applies: Mapped D overlay areas (D1/D2/D3) shown on the City zoning map; see Overlay Districts.

S Special Setback Overlay District

• Purpose: Increase setbacks along scenic streets/highways and shoreline to protect resources and visual quality. See § 38-69.
• Typical permitted uses: Overlay affects setbacks only; uses come from the underlying district. Not found in retrieved materials.
• Key standards/process:
  • Expect larger setbacks than base zoning; proposals here often trigger either a variance under § 38-161(B) or design adjustments to comply.
• Where it applies: Streets/highways and shoreline segments mapped with the S overlay; see Monterey Overlay Districts.

At‑a‑Glance: Variance vs. Exception Pathways

Practical tips

• Start by confirming the base standards for your site on the Development Standards page and the underlying district on Monterey Zoning. Then decide if a minimal R‑district “variation” (§ 38-26) can solve it without a full variance.
• For small residential encroachments, the ZA criteria and floor thresholds (e.g., 3 ft side minimum; 10 ft front/rear minimum) are your quick check. § 38-160(C).
• In D2/D3 overlay areas, expect additional conditions or design revisions during design review instead of or alongside a variance. § 38-68.
• If your “hardship” is not a site condition (e.g., it’s budget or owner preference), you won’t meet the variance test. § 38-161(B).

Checklist

• Confirm base zoning, overlays, and standards for the parcel (Monterey Land Use; Development Standards).
• Determine whether an R‑district “variation” could resolve the issue instead of a variance (§ 38-26).
• If a variance is needed, draft findings that address each element of § 38-161(B) with parcel‑specific evidence.
• For minor residential setback/fence issues, test your project against ZA thresholds (e.g., 3 ft/10 ft minimums; Highway 1 fence criteria) under § 38-160(C).
• Prepare required application materials per § 38-158, and coordinate any Design Review or DRC touchpoints (§ 38-181).
• Provide noticing materials and mailing lists for the public hearing (§ 38-159).
• Anticipate conditions of approval (§ 38-162) and plan to vest the approval before the 2‑year lapse (§ 38-165).

Risks & Ambiguities

Plain-English Summary

In Monterey, a variance is a formal approval to bend a zoning rule when your lot’s physical conditions make the rule unfair—and only if bending it won’t harm neighbors or grant you a special privilege. For small residential setback or fence issues, the Zoning Administrator can sometimes approve a limited, clearly defined variance; in R zones, a minimal “variation” to setbacks may avoid a full variance entirely.

Source References

• Monterey City Code, Chapter 38 Zoning Ordinance — Article 22: Use Permits; Variances: § 38-156 (Purposes); § 38-157 (Authority); § 38-158 (Submittals); § 38-159 (Notice/Hearing); § 38-160 (Duties/ZA authority); § 38-161 (Required Findings); § 38-162 (Conditions); § 38-164 (Appeals); § 38-165 (Lapse/Transfer/Revocation).
• R districts — R‑1 dimensional and development standards (tables/explanatory notes).
• § 38-26 (Supplemental Regulations Applicable in R Districts) — Variations to Setback Standards; R‑3 small‑lot standards.
• Parking adjustments — § 38-117 (Reduced Parking for Other Uses) and § 38-118 (Parking In‑Lieu).
• D overlays — § 38-65–§ 38-68 (Design & Development Control Overlay Districts; Review of Plans).
• S Special Setback Overlay — § 38-69 (Specific Purposes).
• Construction hours — § 38-112.2(B) (exception process).

Retrieved passages

• Monterey Zoning Code (Section 65915) High relevance show source text
• Monterey Zoning Code (§ 19) High relevance show source text
• Monterey Zoning Code (Article 4.) High relevance show source text
• Monterey Zoning Code (chapter only) High relevance show source text
• Monterey Zoning Code (Section 65950) High relevance show source text
• Monterey Zoning Code (§ 19) High relevance show source text
• Monterey Zoning Code (Article 17) High relevance show source text
• Monterey Zoning Code (ARTICLE 22.) High relevance show source text
• Monterey Zoning Code (§ 1) High relevance show source text
• Monterey Zoning Code (§ 19) Medium relevance show source text
• Monterey Zoning Code (section 38-159) Medium relevance show source text
• Monterey Zoning Code (Section 65852.2) Medium relevance show source text
• Monterey Zoning Code (§ 19) Medium relevance show source text
• Monterey Zoning Code Medium relevance show source text

Cited sections

• Monterey City Code, Chapter 38 Zoning Ordinance — Article 22: Use Permits; Variances: § 38-156 (Purposes); § 38-157 (Authority); § 38-158 (Submittals); § 38-159 (Notice/Hearing); § 38-160 (Duties/ZA authority); § 38-161 (Required Findings); § 38-162 (Conditions); § 38-164 (Appeals); § 38-165 (Lapse/Transfer/Revocation). (Chapter 38)
• R districts — R‑1 dimensional and development standards (tables/explanatory notes).
• § 38-26 (Supplemental Regulations Applicable in R Districts) — Variations to Setback Standards; R‑3 small‑lot standards. (§ 38-26)
• Parking adjustments — § 38-117 (Reduced Parking for Other Uses) and § 38-118 (Parking In‑Lieu). (§ 38-117)
• D overlays — § 38-65–§ 38-68 (Design & Development Control Overlay Districts; Review of Plans). (§ 38-65)
• S Special Setback Overlay — § 38-69 (Specific Purposes). (§ 38-69)
• Construction hours — § 38-112.2(B) (exception process). (§ 38-112.2)
• Monterey_ZoningCode.md