Pacific Grove — Nonconforming Uses

Last reviewed: July 2, 2026

Overview

This page explains how Pacific Grove treats nonconforming uses, nonconforming buildings/structures, and nonconforming lots under the city's zoning regulations (Title 23). It summarizes the continuance, limits on change or enlargement, abandonment rules, repair/rebuild rules after catastrophic loss, and the maintenance/alteration thresholds that trigger a use permit. Key rules are drawn from Chapter 23.68 PGMC and related district chapters; citations point to the controlling § for each rule.

What Pacific Grove's code actually says (plain-English synthesis)

• A lawful use established before a zoning change may be continued as a nonconforming use, but it generally cannot be increased in area, enlarged, or extended beyond what existed on the date it became nonconforming (PGMC § 23.68.020).
• If a nonconforming use ceases for a continuous period of six months, it is treated as abandoned; re‑establishment thereafter requires a use permit. § 23.68.030.
• A nonconforming building or use damaged or destroyed by fire, earthquake or other catastrophic event may be rebuilt to its prior condition if reconstruction begins or a building permit is obtained within one year; otherwise the use is treated as abandoned and a use permit is required. § 23.68.040.
• Ordinary maintenance and repair of nonconforming buildings is allowed without discretionary approval; but demolition/reconstruction or other work above set thresholds requires a use permit. The maintenance/repair and alteration limits are in § 23.68.050 (including the 25% floor area / exterior wall length threshold and the 120 sq ft rule for single‑family dwellings).
• The code treats several different nonconforming situations (nonconforming building, nonconforming use in conforming building, combined nonconformity, and nonconforming use of land) and clarifies that density exceedances are not handled by a variance. § 23.68.010.

Where the code adds additional or district‑specific detail (for example, whether a commercial use may legally continue in a residential district), that is noted below by district.

District-by-district breakdown (purpose, typical permitted uses, key dimensional standards, where nonconforming rules apply)

Note: when the text names a district below it is bolded (exact district names used in the Pacific Grove code). The first mention of relevant related topics is linked to the site menu (useful cross‑reading): Pacific Grove zoning & planning overview, the city's Zoning chapter, and specific topic pages for development standards, parking, design review, overlay districts, ADUs, and the California Building Standards Code.

R-1 (Chapter 23.16)

• Purpose / typical uses: Single‑family dwellings, accessory buildings, accessory uses incidental to single‑family homes; second units per ADU chapter permitted. § 23.16.020.
• Key dimensional standards (selected, applicable to nonconforming context): minimum building site area usually 10,000 sq ft and 70 ft width in some R‑1 subdistricts; front setback 20 ft; two covered parking spaces required (exceptions exist). § 23.16.060.
• Where nonconforming rules apply: a commercial use that predates the code may continue as a nonconforming use, but enlargement or extension is restricted by Chapter 23.68; many small alterations are allowed as "ordinary maintenance" but additions beyond set thresholds trigger a use permit (see § 23.68.050).

R-2 (Chapter 23.20)

• Purpose / typical uses: everything allowed in R-1 plus duplexes; some two‑unit configurations require a use permit for special types. § 23.20.020.
• Key dimensional standards: maximum building height 30 ft, top plate limit 24 ft; site area and setback rules in chapter text apply. § 23.20.030–040.
• Where nonconforming rules apply: duplexes or multiunit properties built before current standards that now exceed parking or setback rules may be continued but may not be enlarged except per § 23.68.020; certain administrative relief (e.g., averaging of side yards) is available but does not override Chapter 23.68 limits.

R-3 and R-3‑P.G.B. (Chapters 23.24, 23.57)

• Purpose / typical uses: R-3 allows multi‑family dwellings, boarding and rooming houses, etc.; R-3‑P.G.B. is the Pacific Grove Beach special district with tailored lot size, yards, and coverage limits. § 23.24.020; § 23.57.020.
• Dimensional highlights for R-3‑P.G.B.: max height 25 ft (two stories); building coverage 50%, site coverage 60%, front yard minimums of 8–12 ft on specific streets; minimum lot areas vary by subblock. § 23.57.030–060.
• Nonconforming application: small older cottages and multiunit buildings in the P.G.B. tract are common nonconforming resources; they can be repaired and in limited cases reconstructed consistent with § 23.68.040–050, but expansions that increase nonconforming characteristics require a use permit.

R-4, Motel / R-3‑M, and other residential special districts

• Purpose / typical uses: higher‑density and lodging uses (motels/hotels) under R-3‑M or special combined districts; many older motels have site‑specific allowances. § 23.52 and other district sections.
• Nonconforming application: the code contains special rules that allow pre‑1986 motels to modernize within described allowances, subject to use permit and architectural review; nonconforming status does not automatically allow increases beyond the ordinance allowances.

Commercial & Industrial districts (C‑1, C‑1‑T, C‑D, C‑F H, C‑2, C‑V, I) — Table 23.31.030

• Purpose / typical uses: retail, service, light industrial and related uses as detailed in Table 23.31.030 (Table lists which specific uses are Permitted, Allowed with Use Permit, Administrative Use Permit, or Prohibited by district).
• Nonconforming application: where a commercial use pre‑dated a rezoning to a residential district (e.g., a store in an R‑1 block), it may remain as a nonconforming use but cannot be expanded except as the exceptions in § 23.68.020 permit (parking paving, extension within a building with a use permit, or change to a same/more restricted use with a use permit). § 23.68.020.

Other notes on site‑specific nonconformities (lots, fences, accessory structures)

• A legally created lot smaller than current minimums can be considered a valid building site if it met pre‑existing criteria (created before May 1, 1981 and meets area/width/existing improvement tests). § 23.64.140.
• Some code provisions explicitly do not permit Chapter 23.68 protections (for example, prohibited fence materials must be abated and are not preserved as nonconforming). § 23.64.135(c).

Quick reference table — most decision‑relevant standards / permitted uses

Checklist — what an applicant must satisfy when proposing work on a nonconforming condition

• Document that the use/structure/lot was lawfully established before the code amendment that created nonconformity (historical building permit, deed, assessor records). Verify with the jurisdiction. § 23.68.010.
• Determine whether the proposal is ordinary maintenance (allowed) or exceeds thresholds that trigger a use permit (see 25% demolition/rebuild and 120 sq ft single‑family addition rule). § 23.68.050(c–d).
• If the nonconforming use ceased for six months, treat as abandoned and prepare a use permit application to re‑establish. § 23.68.030.
• If the property was catastrophically damaged, document timing of permits/construction to confirm eligibility for rebuild to prior condition within one year. § 23.68.040.
• For ADUs, review § 23.80 for how nonconforming conditions interact with ADU approval (ADU standards and discretionary relief). § 23.80.080.
• Confirm whether work will trigger design review or historic‑resource review (architectural board / chief planner) — if so, include photos, drawings, and materials sample. See PGMC design review chapters.
• Check parking impacts: a single‑family addition that reduces required parking can trigger a use permit under the nonconforming rules. § 23.68.050(d)(1).

Risks & Ambiguities

Plain‑English Summary

If your property in Pacific Grove was lawfully established before a zoning change, you can usually keep that use or structure, but you generally cannot expand it — repairs are okay, modest reconstruction is okay, and full rebuild after disaster is allowed if started within a year. Big demolitions, additions, or changes that enlarge the nonconforming condition normally require a use permit; if the use stops for six months it’s treated as gone. Check the specific district rules (for example R‑1, R‑2, R‑3, or commercial districts) because setbacks, lot‑size rules, and other standards still apply. §§ 23.68.010–050; 23.16; 23.20; 23.24; 23.31.

Source References

• PGMC § 23.68.010 — Introduction / distinctions on nonconforming types.
• PGMC § 23.68.020 — Continuation and limits on expansion of nonconforming uses.
• PGMC § 23.68.030 — Abandonment (six‑month rule).
• PGMC § 23.68.040 — Reestablishing/repair after catastrophic event (one‑year rule).
• PGMC § 23.68.050 — Maintenance, repair, alteration thresholds (ordinary maintenance; 25% thresholds; 120 sq ft rule for SFDs).
• PGMC Chapter 23.16 (R‑1) — permitted uses and dimensional rules (front setback 20 ft, parking).
• PGMC Chapter 23.20 (R‑2) — duplex allowance and height/site rules.
• PGMC Chapter 23.24 (R‑3) and Chapter 23.57 (R‑3‑P.G.B.) — multi‑family and Pacific Grove Beach tract standards (height 25 ft in P.G.B.).
• PGMC Table 23.31.030 — commercial & industrial allowable uses per district.
• PGMC § 23.64.140 — criteria for valid integrated building sites for substandard lots (pre‑1981 rules).
• PGMC Chapter 23.80 (ADUs) including § 23.80.080 — ADU treatment where zoning nonconformities exist.

If you need the exact ordinance text or want staff confirmation for a specific parcel or building, contact Pacific Grove Community Development and request a nonconforming status determination (verify with the jurisdiction).

Retrieved passages

• Pacific Grove Zoning Code (§ 2) High relevance show source text
• Pacific Grove Zoning Code (chapter is) High relevance show source text
• Pacific Grove Zoning Code (§ 2) High relevance show source text
• Pacific Grove Zoning Code (§ 2) High relevance show source text
• CPC § 2 (§ 2) High relevance show source text
• Pacific Grove Zoning Code (section shall) High relevance show source text
• Pacific Grove Zoning Code (§ 2) Medium relevance show source text
• CBC § 2 (Title 12) Medium relevance show source text
• Pacific Grove Zoning Code (section may) Medium relevance show source text
• Pacific Grove Zoning Code Medium relevance show source text
• Pacific Grove Zoning Code (section shall) Medium relevance show source text
• Pacific Grove Zoning Code (§ 2) Medium relevance show source text
• CBC § 66314 (§ 66314) Medium relevance show source text
• Pacific Grove Zoning Code (§ 23.12.030.) Medium relevance show source text
• Pacific Grove Zoning Code (§ 15) Medium relevance show source text
• Pacific Grove Zoning Code (§ 23.26.670) Medium relevance show source text

Cited sections

• PGMC **§ 23.68.010** — Introduction / distinctions on nonconforming types. (§ 23.68.010)
• PGMC **§ 23.68.020** — Continuation and limits on expansion of nonconforming uses. (§ 23.68.020)
• PGMC **§ 23.68.030** — Abandonment (six‑month rule). (§ 23.68.030)
• PGMC **§ 23.68.040** — Reestablishing/repair after catastrophic event (one‑year rule). (§ 23.68.040)
• PGMC **§ 23.68.050** — Maintenance, repair, alteration thresholds (ordinary maintenance; 25% thresholds; 120 sq ft rule for SFDs). (§ 23.68.050)
• PGMC **Chapter 23.16 (R‑1)** — permitted uses and dimensional rules (front setback **20 ft**, parking). (Chapter 23.16)
• PGMC **Chapter 23.20 (R‑2)** — duplex allowance and height/site rules. (Chapter 23.20)
• PGMC **Chapter 23.24 (R‑3)** and **Chapter 23.57 (R‑3‑P.G.B.)** — multi‑family and Pacific Grove Beach tract standards (height **25 ft** in P.G.B.). (Chapter 23.24)
• PGMC **Table 23.31.030** — commercial & industrial allowable uses per district.
• PGMC **§ 23.64.140** — criteria for valid integrated building sites for substandard lots (pre‑1981 rules). (§ 23.64.140)
• PGMC **Chapter 23.80** (ADUs) including **§ 23.80.080** — ADU treatment where zoning nonconformities exist. (Chapter 23.80)
• PacificGrove_ZoningCode.md

• Official Pacific Grove code library