MONTEREY COUNTY ZONING

COASTAL IMPLEMENTATION PLAN - TITLE 20

20.68 – LEGAL NONCONFORMING LAND USES

20.68.010            ESTABLISHMENT OF LEGAL NONCONFORMING USES.

Any use of land, structure or land and structure which was legally established but is nonconforming to subsequently adopted land use regulations is a legal nonconforming use.

20.68.020            LEGAL NONCONFORMING LAND USE.

A legal nonconforming land use may be continued from the time that legal nonconforming land use is established, except that:

A.        No such use shall be expanded, enlarged, increased, or extended to occupy a greater area  than that occupied when  the legal nonconforming use was established.

B.         No such use may be intensified over the level of use that existed at the time the legal nonconforming use was established.

C.        The legal nonconforming use may be changed to a use of a similar or more restricted nature, subject to a Coastal Development Permit in each case.

20.68.030        LEGAL NONCONFORMING STRUCTURE USE.

A legal nonconforming use of a structure may be continued except that:

A.        The nonconforming use of a structure may be changed to a use of the same or more restricted nature subject to the issuance of a Coastal Development Permit in each case.

B.         The nonconforming use of a portion of a structure may be extended throughout the structure subject to the issuance of a Coastal Development Permit in each case.

C.        A structure maintaining a legal residential nonconforming use may be increased for the expansion of the use by 120 square feet, or 10% of the floor area, whichever is greater.

20.68.040        LEGAL NONCONFORMING STRUCTURE LOCATIONS AND HEIGHT.

A.        The enlargement, extension, reconstruction or structural alteration of a nonconforming structure, nonconforming only as to height and yard regulations, may be permitted if the enlargement, extension, reconstruction or structural alteration conforms to all the regulations of the district in which they are located.

B.            Ordinary maintenance and repairs, including structural repairs and foundations, may be made to any structure which is nonconforming as to height or setbacks or to a structure used for a legal nonconforming use,  provided:

1)         no structural alterations are made; and

2)         provided such work does not exceed 50 percent of the appraised value of the structure in any one year period.

Additional maintenance and repair may be allowed subject to a Coastal Development Permit in each case.

C.        No legal nonconforming structure or sign shall be moved in whole or in part to any other location unless every portion of such structure or sign which is moved is made to conform to all the regulations of the district in which it is located.

20.68.050        DAMAGED OR DESTROYED LEGAL NONCONFORMING STRUCTURES.

If at any time any structure in existence at the time any provision of this Title becomes applicable to it, which does not conform to this Title, be damaged or destroyed by fire, explosion, act of God, or act of public enemy, the land and structure shall be subject to all the regulations specified by this Title for the district in which said land and structure are located, except that such structure may be rebuilt to a total floor area and volume not exceeding that of the structure destroyed and the use may continue as herein provided for nonconforming uses, if a Coastal Development Permit is first secured.

Replacement structures meeting the following criteria shall not require a Coastal Development Permit:

1.         they conform to all of the applicable zoning requirements; and

2.         they are proposed for the same use as the destroyed structure; and

3.         they do not exceed the floor area, height, or bulk of the destroyed structure by more than 10%; and

4.         they are sited in substantially the same location on the affected property as the destroyed structure.

20.68.060        LEGAL NONCONFORMING BUILDING SITES.

Means divisions of property into parcels when said parcels were shown on the 1964-65 county tax roll under separate ownership, or a division of property into 4 or less parcels shown on a record of survey recorded prior to March 2, 1964, or record of survey of 4 or less parcels, each of which is over 2 1/2 acres, recorded prior to March 7, 1972, or parcels of two and one-half acres or over when said parcels were shown under separate ownership prior to March 7, 1972, when shown on a deed or deeds recorded on or before March 7, 1972, when said parcels comply with applicable zoning ordinances in effect at the time of division, or when said parcels are lots on a recorded subdivision map approved by the Board of Supervisors of the County of Monterey.

20.68.070        LEGAL NONCONFORMING OUTDOOR ADVERTISING STRUCTURES.

A.        All legal nonconforming outdoor advertising  signs and outdoor advertising structures shall be removed entirely on or before January 1, 1979, except those in Light Commercial, Heavy Commercial, Light Industrial and Heavy Industrial districts for which a Discretionary Permit has been obtained.

B.         All legal nonconforming outdoor advertising signs and outdoor advertising structures located on property shall be removed entirely within 5 years from the date said property is reclassified into some other zoning district, unless the reclassification is to light commercial, heavy commercial, light industrial or heavy industrial district and a Discretionary Permit has been obtained within such 5-year period or had been previously secured.

20.68.080            LEGAL NONCONFORMING WRECKING AND JUNK YARDS.

All legal nonconforming wrecking yards and junk yards shall be enclosed by a solid board or masonry fence at least six feet in height for fire prevention and prevention of the spread of litter and debris.  No junk, dismantled cars or machinery shall be stacked higher than the fence.  Wrecking yards and junk yards shall comply with these special regulations, or shall be removed entirely by July 1, 1961, or secure a Coastal Development Permit.

20.68.090        CONSTRUCTION OR USE INITIATED PRIOR TO ADOPTION OF REGULATIONS.

A.        Nothing contained in this Title shall be deemed to require any change in the plans, construction, or designated use of any structure upon which actual construction was lawfully begun prior to the effective date of this Title.

B.         The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed.

20.68.100             ABANDONMENT OF LEGAL NONCONFORMING USES.

A.        If the actual operation of a legal nonconforming use of a structure, land, or structure and land ceases for a continuous period of 12 months, the legal nonconforming use shall be deemed to be abandoned.  Any and all subsequent uses of the structure and land shall conform in all respects to the provisions of this Title.

B.         Should the property owner, operator, prospective owner or operator, or any other person dispute whether or not the legal nonconforming use has in fact been abandoned, the Planning Commission shall determine said abandonment pursuant to the provisions of Chapter 20.84 of this Title.