This Title shall be known and cited as "The Zoning Ordinance of the County of Monterey." This Title is applicable only to the unincorporated areas outside of the Coastal Zone in the County of Monterey.

There is adopted a Zoning Plan for the County of Monterey, State of California. That Zoning Plan is a Districting Plan as provided for by law.

The Zoning Plan is adopted to promote and protect the public health, safety, peace, morals, comfort, convenience and general welfare of the people of the County of Monterey, while respecting and preserving the development rights of property owners. This Title is adopted for the following particularly specified purposes among others:

A.

To assist in providing a definite plan of development for the County, and to guide, control and regulate the future growth of the County, in accordance with said plan;

B.

To protect the character and the social and economic stability of agricultural areas, residential areas, commercial areas, industrial areas, and other areas, within the County and to assure the orderly and beneficial development of such areas;

C.

To protect the public safety from the location of structures and other uses of land which may cause interference with existing or prospective traffic movement on highways.

D.

To implement the Monterey County General Plan, adopted area plans, specific plans and the policies and standards adopted by the Monterey County Board of Supervisors.

E.

To provide regulations of sufficient clarity and detail for the location and nature of Zoning Districts to provide the appropriate authorities and the public with clear standards and direction in the land use decision making process.

F.

To provide a sufficient level of review and public hearing processes for adequate and necessary public participation in the review of development projects.

G.

To provide standards and procedures for preservation and exercise of property development rights.

The Zoning Ordinance consists of the establishment of various districts, regulations and permit processes for the unincorporated territory of the County of Monterey.

The zoning districts list the uses which are allowed or may be allowed subject to discretionary permit processes. Those listed uses and other uses which are consistent with the Monterey County General Plan and applicable area plans may be allowed subject to appropriate permits. Other uses are prohibited. Further, the districts provide the regulation of structural height, bulk, and setbacks, as well as prescribing other site development amenities and requirements such as parking, landscaping, and lighting control.

This Title is not intended and shall not be construed as authorizing the County of Monterey, through the Board of Supervisors, Planning Commission, Zoning Administrator or Director of Planning, acting pursuant to this title, to exercise its power to grant or deny a permit in a manner which will take or damage private property for public use without the payment of just compensation therefor.

(Ord. No. 5135, §§ 90, 91, 7-7-2009; Ord. No. 5218, § 20, 6-28-2013)

A.

No portion of this Title shall become applicable to lands in the County of Monterey unless and until the adoption and effective date of Sectional District Maps for any portion of the County of Monterey as described in Section 21.08.060.

B.

Upon the adoption and effective date of any Sectional District Maps for any portion of the County of Monterey pursuant to Section 21.08.060 the terms, conditions and regulations of this Title shall govern and supersede the provisions of Title 20, Monterey County Code, for the unincorporated non-Coastal Zone areas of the County of Monterey.

A.

No building permit, grading permit, land use discretionary permit, or other permit relative to land use may be approved if it is found to be inconsistent with the Monterey County General Plan or an adopted Area Plan.

B.

If an application is found to be inconsistent when received, or during processing, or when before the Appropriate Authority, a written notice shall be given the applicant of inconsistency and the application shall be withdrawn or denied.

C.

Notwithstanding anything in this Section to the contrary the following permits may be considered despite inconsistencies:

1.

Renewal applications for permits previously approved. "Renewal application" means reapplication for a permit which has expired within less than one year.

2.

Building permit applications where the permit is to remodel an existing structure.

D.

When the applicable land use plan, be it either the Monterey County General Plan, or an adopted Area Plan requirement entitles an application for a use permit or similar discretionary permit for a specific land use, and no other ordinance is in effect to require such permit, the permit shall be required under the terms of this Section. Permits required pursuant to this Section shall be processed pursuant to Chapter 21.74 of this Title. Planning Commission is the Appropriate Authority for such permits.

Repealed.

(Ord. 3659 § 8, 1993)