Title 20 — ZONING ORDINANCE

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Title 20 - ZONING ORDINANCE DIVISION I - MENDOCINO COUNTY ZONING CODE

Sec. 20-0 - Repealed by Ord. No. 3787, adopted 1991. CHAPTER 20.004 - GENERAL[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 4538, § 1(Exh. A), adopted September 10, 2024, repealed Ch. 20.004 and enacted a new Ch. 20.004 as set out herein and as may later be amended. Former Ch. 20.004 pertained to similar subject matter and derived from Ord. No. 3639, adopted 1987; and Ord. No. 3787, adopted 1991.

Sec. 20.004.005 - Title.

This Division shall be known and cited as the "Mendocino County Zoning Code—Division I."

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

Sec. 20.004.010 - Adoption of Zoning Enabling Plan—Declaration.

There is adopted a Zoning Enabling Plan for the County of Mendocino, exclusive of those areas within the Coastal Zone.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

Sec. 20.004.015 - Purpose.

This Division is adopted to protect and promote the public health, safety, morals, peace, comfort, convenience, prosperity and general welfare; and further, the purpose of this Division is to prescribe land use regulations and a zoning plan for the County of Mendocino deemed necessary to promote forestry and agriculture; to provide open space for light and air and to prevent and fight fires and other hazards; to prevent undue dispersion or concentration of population; to promote orderly community development; to lessen congestion of streets and highways; and to facilitate adequate provisions for community utilities such as transportation, schools, parks and other public requirements.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

Sec. 20.004.020 - Intent.

This Division is intended to be in harmony with the Mendocino County General Plan and any area plans adopted pursuant thereto. Future amendments of these plans shall be reflected in amendments of the Zoning Code, and future amendments to the Mendocino County Zoning Code—Division I shall only be made in conformity with the General Plan and adopted area plans.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

The Board of Supervisors finds that agriculture is a major industry of the County and that for the protection of agriculture and in order to prevent further encroachment upon it by incompatible uses of property and for the general welfare of the County as a whole, there are created zone classifications within which agriculture shall be encouraged to the exclusion of such other uses of land as may be in conflict therewith. Therefore, the provisions of this Division shall be liberally interpreted, insofar as they apply to agricultural pursuits and services, and shall not be deemed or construed to permit interference with any normal accessory use conducted in conjunction therewith. It is the intention of this Division to provide maximum protection to existing and future agricultural enterprises and to encourage the highest and best use of the lands so classified for agricultural purposes, including the necessary residential, recreational, educational, public utilities and other similar uses necessary and incidental thereto.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

Sec. 20.004.030 - Applicability of Mendocino County Zoning Code—Division I.

The Board of Supervisors declares that the regulations of this Division are intended to apply to all properties within the unincorporated area of the County, exclusive of those areas known as the Coastal Zone.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

(A)

Where conflict occurs between the regulations of this Division and any building code or other regulations within the County, the more restrictive of any such regulations shall apply.

(B)

In interpreting and applying the provisions of this Division, unless otherwise stated, requirements shall be held to be the minimum requirements for the promotion and protection of the public safety, health and the general welfare.

(C)

It is not intended that this Division shall interfere with or abrogate or annul any easements, covenants or other agreements now in effect; provided, however, that where this Division imposes a greater restriction than are imposed or required by other ordinances, articles, chapters rules or regulations, or by easements,

covenants, or agreements, the provisions of this Division shall apply except in the case of a development agreement entered into pursuant to Government Code Sections 65864 through 65869.5.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

Nothing herein shall require any change in the plans, construction or designated use of a building or structure for which a building permit has been issued prior to the effective date of the ordinance codified in this Division or any amendment of these regulations, provided that actual construction of such building or structure is commenced within six (6) months after the date of issuance of the building permit and is completed within one (1) year from the effective date of such amendment, and provided further that such construction and proposed use of such building or structure is not on said effective date in violation of any other code or law. Actual construction is hereby defined for purposes of this Section, to be the actual placing of construction materials in their permanent position, fastened in a permanent manner, except that where a basement is being excavated, such excavating shall be deemed to be actual construction, or where demolition or removal of an existing structure has been begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

Sec. 20.004.045 - Effect of Zoning Enabling Plan.

To make effective a degree of zoning protection in the unincorporated area of the County, all uses of land within a particular district as defined by this Division (except those uses similar in scope and intensity to those uses cited as typical uses within Chapters 20.016 through 20.036) which are not permitted by the regulations established herein for that district are prohibited.

Except as hereinafter otherwise provided:

(A)

No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises to be used, designated or intended to be used for any purpose or in any manner other than is included among the uses listed in this Division as permitted, or uses permitted by use permit, in the district in which such building, land or premises is located.

(B)

No building shall be erected, reconstructed or structurally altered to exceed in height the limit designated in this Division for the districts in which such building is located.

(C)

No building shall be erected, nor shall any existing building be altered, enlarged or rebuilt, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area and building location regulations designated in this Division for the district in which such building or open space is located.

(D)

No yard or other open space provided about any building for the purpose of complying with the provisions of this Division shall be considered as providing a yard or open space for any other building, and no yard or other open space on one (1) building site shall be considered as providing a yard or open space for a building on any other building site.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

Sec. 20.004.050 - Interpretation of Split Zoning.

For parcels that are split between two (2) zoning districts, the zoning district boundary shall be treated as a parcel line and the regulations of each district apply to the portion of the lot within each zoning district.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

Sec. 20.004.055 - Severability.

If any chapter, section, subsection, paragraph, sentence, clause or phrase of this Division, which is reasonably separable from the remaining portion of this Division is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Division, it being herein expressly declared that this Division and each chapter, section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one (1) or more sections, subsections, paragraphs, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

CHAPTER 20.008 - DEFINITIONS[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 4538, § 2(Exh. A), adopted September 10, 2024, repealed Ch. 20.008 and enacted a new Ch. 20.008 as set out herein and as may later be amended. Former Ch. 20.008 pertained to similar subject matter and derived from Ord. No. 3639, adopted 1987; Ord. No. 3867, adopted 1993; Ord. No. 4017, adopted 1998; Ord. No. 4206, adopted October 28, 2008; Ord. No. 4213, adopted December 9, 2008; Ord. No. 4218, adopted March 23, 2009; Ord. No. 4225, adopted July 20, 2009; Ord. No. 4341, adopted August 4, 2015; Ord. No. 4364, adopted September 13, 2016; and Ord. No. 4417, adopted October 2, 2018.

Sec. 20.008.005 - Declaration.

Provisions of this Chapter shall be known as the "definitions." The purpose of these provisions is to promote consistency and precision in the interpretation of the Zoning Code. The meaning and construction of words and phrases as set forth shall apply throughout the Zoning Code, except where the context of such words or phrases clearly indicates a different meaning or construction. Definitions contained in the

Uniform Building Codes shall be applicable except when in conflict with definitions contained in the Zoning Code, in which case the Zoning Code definition shall prevail.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.010 - General Rules For Construction of Language.

The following general rules of construction shall apply to the textual provisions of the Zoning Code:

(A)

Headings. Section and subsection headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of the Zoning Code.

(B)

Illustration. In case of any difference of meaning or implication between the text of any provision and any illustration, the text shall control.

(C)

Shall and May. "Shall" is always mandatory and not discretionary. "May" is discretionary.

(D)

Tenses and Numbers. Words used in the present tense include the future, and words used in the plural, include the singular, unless the context clearly indicates the contrary.

(E)

Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

(1)

"And" indicates that the connected items or provisions apply.

(2)

"Or" indicates that the connected items or provisions may apply singly or in any combination.

(3)

"Either … or" indicates that the connected items or provisions shall apply singly but not in combination.

(F)

All public officials, bodies, and agencies to which reference is made are those of the County of Mendocino unless otherwise indicated.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.015 - General Terms.

(A)

"Department" means the Department of Planning and Building Services.

(B)

"Board" or "Board of Supervisors" shall have the same meaning.

(C)

"Commission" or "Planning Commission" shall have the same meaning.

(D)

"City" means any city in the County of Mendocino.

(E)

"County" means the County of Mendocino.

(F)

"Federal" means the Government of the United States of America.

(G)

"State" means the State of California.

(H)

"Used" includes "arranged for," "designed for," "occupied," or "intended to be occupied for."

(I)

"General Plan" means the Mendocino County General Plan.

(J)

"Director" means the Director of Planning and Building Services.

(K)

"Section" means a section of the Zoning Code unless otherwise indicated.

(L)

"Division" means the entire Zoning Code—Division I unless otherwise indicated.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.020 - Definitions (A).

(A)

"Accessory building" means a detached subordinate structure, the use of which is incidental to the established primary use or main structure located on the same lot or building site; i.e., private garage, storage shed, farm out buildings, etc. In no case shall such accessory structure dominate, in area, extent or purpose, the principal lawful structure or use. Accessory buildings shall not contain any sleeping quarters or kitchen facilities and are therefore not intended for human occupancy. See Chapter 20.164 Accessory Use Regulations.

(B)

"Accessory Dwelling Unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

(1)

An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

(2)

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

(C)

Accessory Structure. See Accessory Building.

(D)

"Accessory use" means a use of land or of a structure incidental or subordinate to the principal use located upon the same lot.

(E)

"Administrative Permit" means a permit granted pursuant to Chapter 20.192 by an agency of Mendocino County or the Zoning Administrator for a uses specified as subject to an administrative permit in each zoning district.

(F)

"Agricultural Employee" shall have the same meaning as provided in section 1140.4(b) of the California Labor Code.

(G)

"Airport" means any area of land, water or a structure which is used or intended for use for the landing and taking off of aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

(H)

"Alley" means a public or private way permanently reserved as a secondary means of access to abutting property.

(I)

"Amendment" means any change, modification, deletion, or addition to the wording, text or substance of the Zoning Code, or any change, modification, deletion, or addition to the application of the Zoning Code to property within Mendocino County, including any alteration in the boundaries of a zone, when adopted by ordinance passed by the Board of Supervisors in the manner prescribed by law.

(J)

"Animals, large" is limited to bovine and equine animals, sheep, goats, swine and similar animals.

(K)

"Animals, small" means dogs, cats, birds, poultry, rabbits, chinchillas, hamsters, and other small domesticated animals other than a large animal.

(L)

"Antenna" means a device used in communications designed to radiate and/or capture electromagnetic signals.

(M)

"Antenna, building-mounted" means any antenna attached to and supported by a building or other structure more than ten (10) feet tall, other than an antenna tower, i.e., the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign.

(N)

"Antenna, roof-mounted" means an antenna directly attached to the roof of an existing building, water tank, tower or structure other than an antenna tower.

(O)

"Antenna tower" means any pole, tower, or other structure, over ten (10) feet tall, erected for the purpose of supporting one (1) or more antennas.

(P)

"Apartment" means a portion of a building which is designed and built for occupancy by three (3) or more families living in separate dwelling units.

(Q)

"Assisted Living Residential Care Facility" means the same as "family care home" a state-authorized, certified, or licensed family care home, foster home, group home serving six (6) or fewer mentally impaired

or otherwise handicapped persons, persons recovering from alcoholism or drug addiction or dependent and neglected children. A family care home may provide care and service on a twenty-four-hour-a-day basis. No facility shall qualify as a family care home if it is operated in such a manner that facilities, activities, or events thereon are shared by more than six (6) mentally impaired or otherwise handicapped persons or dependent and neglected children.

(R)

"Automobile wrecking" means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of three (3) or more motor vehicles which for a period exceeding thirty (30) days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Bank" means an establishment for the custody, loan exchange, or issue of money, for the extension of credit, and for facilitating the transmission of funds.

(B)

"Barn" means a building used for the shelter of livestock, the storage of agricultural products, or the storage and maintenance of farm equipment and agricultural supplies.

(C)

"Battery Energy Storage System (BESS)" means a type of energy storage system that uses batteries to store and distribute energy in the form of electricity. BESS enables energy from renewables such as solar and wind to be stored and released when needed to the grid.

(D)

"Block" means all property fronting upon one (1) side of a street between intersecting and intercepting streets, or between a street and a right-of-way, waterway, terminus of dead-end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.

(E)

"Boarding house" means a building or portion thereof, other than an inn or hotel, where regular meals are provided to persons for compensation or profit.

(F)

Boarding Stable. See Stable.

(G)

"Building" means a structure having a roof, and which is constructed in a permanent position upon the ground and is designed and intended to be used for the shelter or enclosure of persons, animals or property. This definition does not include any type of mobile home, recreational vehicle, boat, or tent.

(H)

"Building, height of" means the vertical distance from the average ground level of the building to the highest point of the roof ridge or parapet wall.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.024 - Definitions (C).

(A)

Camping Area, Incidental. See Incidental Camping Area.

(B)

"Campsite" means an area within an incidental camping area occupied by a camping party.

(C)

"Chimney" means a hollow shaft containing one (1) or more passages vertical or nearly so, for conveying products of combustion.

(D)

"Clinic" means any place, establishment or institution which operates under the name or title of clinic, dispensary, health center, medical center, or any other word or phrase of like or similar import, either independently or in connection with any other purpose, for the purpose of furnishing at the place, establishment, or institution, advice, diagnosis, treatment, appliances or apparatus, to persons or animals not residing or confined in the place, establishment, or institution, and who are afflicted with bodily or mental disease or injury.

(E)

"Cluster" means the grouping of dwellings or parcels in suitable areas so as to insure the preservation of the valuable site resources as opposed to even dispersal over the project area.

(F)

"College" means a college, junior college or university supported by public funds, or a private college, junior college or university which gives comparable general academic instruction and degrees.

(G)

"Combining district" means a district providing special regulations which supplement or add to basic zoning district regulations.

(H)

"Conservation easement" means a legally drafted and recorded agreement between a landowner and the County, land trust, or other qualified organization in which the owner agrees to place certain restrictions over all or portions of his/her land in perpetuity to retain it in a predominantly natural, scenic, agriculture or other open space condition. Except for the specific restrictions contained in the easement document, the owner retains all other rights in the property. The easement stays with the land and is therefore legally binding on present and future owners.

(I)

"Construction" means the placement of construction materials in their permanent position and fastened in a permanent manner.

(J)

"Contract zoning" means conditions to a rezoning which are not specified in the Zoning Ordinance but which conditions are binding to both the property owner and the County.

(K)

Converted Mobile Home. See Mobile Home, Converted.

(L)

Community Design Guidelines. a set of standards regarding the aesthetics of development, including building appearance and character, colors, landscaping, location of parking, siting of structures on building sites, and other issues that are used to evaluate the suitability and appropriateness of individual projects in terms of overall visual appearance, capacity to unify streetscapes, expression of valued community themes, establishment of a "sense of place," and enhancement of community cohesiveness.

(M)

Corner Lot. See Lot, Corner.

(N)

"Cottage industry" means a small scale business operated in or around a residential use and which complies with Chapter 20.160.

(O)

"Co-location" means the installation of antennas operated by different entities in close proximity so that use of substantial elements of the facility such as the antenna tower, equipment shelter or fenced enclosures are shared. Co-location includes replacement of an existing tower with one capable of supporting additional antennas provided the overall height of the facility is not increased.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.026 - Definitions (D).

(A)

"Day Care Home—Small Family" means the same as "small family daycare home" as defined in California Health and Safety Code section 1596.78.

(B)

"Day Care Home—Large Family" means the same as "large family daycare home" as defined in California Health and Safety Code section 1596.78.

(C)

"Dead storage" means the storage of the owner's or occupant's recreational vehicle on the site in such a manner that it is not connected to utilities and is not occupied as living quarters.

(D)

"Density" means the number of dwelling units per acre or square feet.

(E)

"Detached bedrooms" means a separate incidental structure containing one (1) room only without a kitchen or sanitation facilities, designed for and intended to be used as a sleeping or living facility for family members to be used in conjunction with a main structure which includes kitchen and sanitation facilities. A detached bedroom shall be located no farther than one hundred fifty (150) feet from the main structure, and shall not exceed five hundred (500) square feet of floor area. See Chapter 20.164 Accessory Use Regulations.

(F)

"Development agreement" means an agreement between the County and an applicant entered into pursuant to Government Code Sections 65864 through 65869.5.

(G)

"Dwelling" means a building or portion thereof used exclusively for residential purposes, including onefamily, two-family and multiple dwellings, but not including hotels or boarding houses.

(H)

"Dwelling, single-family" means a building containing not more than one (1) dwelling unit. Included is a converted mobile home and moveable tiny home.

(I)

"Dwelling, two-family (duplex)" means a building containing two (2) dwelling units. Included is a converted mobile home.

(J)

"Dwelling, multifamily (apartment)" means a building or portion thereof containing three (3) or more dwelling units.

(K)

"Dwelling group" means a group of two (2) or more dwelling units located on a parcel of land which is held in one (1) ownership.

(L)

"Dwelling unit" means a single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and having only one (1) kitchen. Included in the definition of a dwelling unit is a "moveable tiny home," "Accessory Dwelling Unit" and "Junior Accessory Dwelling Unit."

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.027 - Definitions (E).

(A)

"Efficiency Kitchen" means a small food preparation area for a junior accessory dwelling unit or moveable tiny home that includes the following:

(1)

A cooking facility with appliances.

(2)

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

(B)

"Emergency shelter" means a facility for the temporary shelter and feeding of indigents, disaster victims, or homeless persons that is limited to occupancy of six (6) months or less, as defined in Section 50801(b) of the California Health and Safety Code.

(C)

"Equity Sharing" means an agreement by which appreciation on the value of an affordable unit from the time of original purchase at an affordable price to the time of resale shall be shared between the owner and the County or its designated agency. Such an agreement will be a condition of financial assistance for income qualified households to purchase Affordable Housing Units.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.028 - Definitions (F).

(A)

"Family" means one (1) or more persons occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club or similar dwelling for group use. "Family" does not include a fraternal, religious, social or business group.

(B)

"Family care home" means the same as "Assisted Living Residential Care Facility" a state-authorized, certified, or licensed family care home, foster home, group home serving six (6) or fewer mentally impaired or otherwise handicapped persons, persons recovering from alcoholism or drug addiction or dependent and neglected children. A family care home may provide care and service on a twenty-four-hour-a-day basis. No facility shall qualify as a family care home if it is operated in such a manner that facilities, activities, or events thereon are shared by more than six (6) mentally impaired or otherwise handicapped persons or dependent and neglected children.

(C)

"Family care institution" means a state-authorized, certified, or licensed family care home, foster home, or group home which does not qualify as a family care home.

(D)

"Family care unit" means the temporary use of a building, structure or trailer coach to provide housing for:

(1)

Not more than two (2) adult persons who are sixty (60) years of age or older; or

(2)

An immediate family member or members who require daily supervision and care; or

(3)

A person or persons providing necessary daily supervision and care for the person or persons residing in the main residence.

(E)

"Farm employee" means the same as "agricultural employee" as defined in section 1140.4(b) of the California Labor Code.

(F)

"Flood plain" means an area subject to temporary inundation of normally dry land lying outside the normal stream channel as a result of one (1) or more of the following occurrences or conditions: the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source.

(G)

"Floor area" means the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the useable area under the roof or floor above.

(H)

"Floor area, gross" means the total floor area including public areas such as hallways, lobbies, wash rooms, related storage areas and service rooms or areas, plus work areas, office space and sales floor.

(I)

"Floor area ratio" means the ratio of total building floor area to total site area, is a commonly used measure of commercial and industrial development intensity. It is typically expressed as a decimal, i.e. 0.50.

(J)

Freestanding sign. See Sign, Freestanding.

(K)

"Frontage" means that portion of a property line which abuts a legally accessible street right-of-way.

(L)

Front Yard. See Yard, Front.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.030 - Definitions (G).

(A)

"Garage, private" means an accessory building or an accessory portion of the main building, designed and/or used for the shelter or storage of vehicles owned or operated by the occupants of the main building.

(B)

"Garage, public" means a building other than a private garage in which spaces or stalls are rented to the public for the shelter or storage of private automobiles and other forms of private transportation or recreational vehicles, and which may include as a use incidental thereto, the storage of personal effects and personal household articles.

(C)

"Grade" means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.

(D)

Gross Floor Area. See Floor Area, Gross.

(E)

"Guest cottage" means a detached building (not exceeding six hundred forty (640) square feet of gross floor area), of permanent construction, without wet bar or kitchen or any provision for appliances for the storage and preparation of food, clearly subordinate and incidental to the primary dwelling on the same lot, and intended for use without compensation by guests of the occupants of the primary dwelling.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.032 - Definitions (H).

(A)

"Home occupation" means an occupation which is accessory and incidental to a residential use and conducted entirely within the dwelling unit or accessory building(s) located on the premises. See Chapter 20.156, Home Occupations.

(B)

"Hospital" means an institution which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to injured persons and which maintains and operates twenty-four (24) hour inpatient services for the diagnosis and treatment of patients. Any hospital shall be so licensed by the State Department of Health.

(C)

"Hotel" means any building or portion thereof containing three (3) or more guest rooms or suites each used, designed or intended to be used, let or hired out for occupancy by transient guests for compensation.

(D)

"Household" means all the persons related, or unrelated, who occupy a single dwelling unit. Persons not living in households are classified as living in group quarters.

1.

"Extremely Low-income Household" means a household with an annual income less than thirty (30) percent of County mean income, adjusted by household size, as determined by the California State Department of Housing and Community Development.

2.

"Very Low-income Household" means a household with an annual income no greater than fifty (50) percent of the County median income, adjusted by household size, as determined by the California State Department of Housing and Community Development.

3.

"Low-income Household" means a household with an annual income of at least fifty (50) percent of the County median income, but less than eighty (80) percent of the County median income, adjusted by

household size, as determined by the California State Department of Housing and Community Development.

4.

"Moderate-income Household" means a household with an annual income of at least eighty (80) percent of the County median income but less than one hundred twenty (120) percent of the County median income, adjusted by household size, as determined by the California State Department of Housing and Community Development.

(E)

"Household pets" means animals or fowl ordinarily permitted in the house and kept for company or pleasure and not for profit such as dogs, cats, and birds but not including a sufficient number of animals to constitute a kennel.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Incidental camping area" means any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes and where one (1) or more campsites used for camping are rented or leased or held out for rent or lease.

(B)

"Inclusionary Unit" means an affordable housing unit required to be provided by the developer of a residential housing project pursuant to the requirements of Section 20.238 of this code.

(C)

"Inn" means any building or portion thereof or group of buildings containing three (3) or more guest rooms or suites each used, designed or intended to be used, let or hired out for occupancy by transient guests for compensation or profit, and where regular meals are provided for compensation or profit.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Junior Accessory Dwelling Unit" means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure..

(B)

"Junkyard" means any land, lot or portion thereof where there is more than:

(1)

One hundred (100) square feet for parcels less than forty thousand (40,000) square feet; or

(2)

Four hundred (400) square feet for parcels greater than forty thousand (40,000) square feet of waste, discarded or salvaged materials bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, and including used furniture and household equipment yards, house wrecking yards, used lumber yards, and the like; excepting a site on which such uses are conducted within a completely enclosed structure.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Kennel" means any lot, building, structure, enclosure or premises whereupon or wherein are kept seven (7) or more dogs, cats or similar small animals over eight (8) weeks of age, in any combination, for more than ten (10) days, whether such keeping is for pleasure, profit, breeding, or exhibiting, and including places where dogs or cats or similar small animals in any combination are boarded, kept for sale, or kept for hire.

(B)

"Kitchen" means any room or portion of a building used or intended or designed to be used for cooking or the preparation of food, including any room having a sink and cooking stove that has a flat top with plates or racks to hold utensils over flames or coils.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.040 - Definitions (L).

(A)

"Large family daycare home" means the same as "large family daycare home" as defined in California Health and Safety Code section 1596.78.

(B)

"Live/work space" means a space where personal living space and professional workspace is combined in such a way that neither is compromised, such as in an artist's studio or where a loft or apartment is built above a store and/or office.

(C)

"Live-work use" means a type of residential use that physically integrates the resident's commercial or manufacturing workspace within the same building or site.

(D)

"Living area" means the interior inhabitable area of a dwelling unit including basements and attics and shall not include a garage or any accessory structure.

(E)

"Living unit" means any building or vehicle designed or used for human habitation, including, but not limited to a dwelling, guest house, accessory living quarters, farm employee housing, farm labor camp, or mobile home.

(F)

Lodging House. See Hotel.

(G)

"Lot" means a parcel or real property which, upon application, is eligible for a Certificate of Compliance.

(H)

"Lot area" means the total area, within the boundary lines of a lot, exclusive of easements as required in the County Division of Land Regulations.

(I)

"Lot, corner" means a lot situated at the intersection of two (2) or more streets, which streets have an angle of intersection of not more than one hundred thirty-five (135) degrees.

(J)

"Lot coverage" means the percentage of net site area covered by the vertical projection of any structure.

(K)

"Lot, double frontage" means a lot fronting on two (2) parallel or approximately parallel streets.

(L)

"Lot depth" means the horizontal length of a straight line connecting the mid points of the front and rear lot lines.

(M)

"Lot line, front" means the front of a lot shall be that face of a lot that abuts on a street: in the case of a double frontage road and a corner lot, the face abutting on either street. In a case of irregular frontage or access, the front lot line shall be determined by the Planning and Building Services Director.

(N)

"Lot line, rear" means the most distant lot line opposite and parallel to the front lot line; in the case of an irregular lot, the line most closely paralleling the front lot line.

(O)

"Lot line, side" means any lot line other than a front or rear lot line. A lot line separating a lot from a street shall be the street-side lot line.

(P)

"Lot, key" means an interior lot adjacent to a corner lot, the side line of which is contiguous with the rear lot line of the corner lot.

(Q)

"Lot, width" means the horizontal distance between side lot lines measured at the front yard setback line.

(R)

"Low Barrier Navigation Center" means the same as defined in California Government Code section 65660(a).

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.042 - Definitions (M).

(A)

"Main building" means a building which is devoted primarily to a principal use or uses; or, the only building on a lot or building site.

(B)

"Market Rate" means not restricted to an "affordable" housing price as defined in section 20.008.020 of this document, or an affordable rent.

(C)

"Mixed Use" means the development of any permitted residential use in conjunction with at least one (1) commercial or civic use type within the same building, either vertically (i.e., different uses located on separate floors) or horizontally (i.e., different uses located side-by-side on the same floor), or in multiple buildings, located on one (1) or more parcels, that are developed with shared site improvements such as pedestrian walkways, landscaping, public spaces (e.g., courtyards and plazas), and vehicle parking and circulation.

(D)

Intentionally omitted.

(E)

"Mixing plant" means plant for mixing concrete or asphalt products (including batch plants).

(F)

"Mobile home" means a transportable structure built on a chassis for movement, and designed to be used as a dwelling without permanent foundation when connected to the required utilities. No such structure shall be deemed to be a mobile home which is less than eight (8) feet wide or forty (40) feet in length.

(G)

"Mobile home, converted" means a mobile home, certified under the National Mobile Home Construction and Safety Standards Act of 1974, on a foundation system pursuant to Section 18551 of the California Health and Safety Code.

(H)

"Mobile home lot" means an area or tract of land or portion of a mobile home park designated or used for one (1) mobile home.

(I)

"Mobile home park" means an area or tract of land where two (2) or more mobile home lots are rented or leased or held for rent or lease to accommodate mobile homes for human habitation; provided that mobile home park does not include:

(1)

Premises on which any trailer coaches are parked for inspection and sale;

(2)

Premises on which all but one (1) of the trailer coaches are used exclusively for temporary uses pursuant to Temporary Use Regulations in Chapter 20.168.

(3)

Premises on which all but one (1) of the trailer coaches are used exclusively to provide farm employee housing or as a farm labor camp.

(J)

"Mobile home park, standard" means a mobile home park developed pursuant to the regulations of Chapter 20.172.

(K)

"Model home" means an unoccupied dwelling unit temporarily used for display purposes as an example of dwelling units available or to be available for sale or rental for the first time in a particular subdivision or other residential development which may be comprised of one (1) family, two (2) family, or multiple dwellings, or a combination thereof.

(L)

"Motel" means any building or portion thereof or group of buildings containing three (3) or more guest rooms or suites where such rooms or suites are directly accessible from an outdoor parking area and where each is used, designed or intended to be used, let or hired out for occupancy by transient guests for compensation or profit.

(M)

"Moveable Tiny Home" means a dwelling unit utilized as a single family dwelling unit or accessory dwelling unit which complies with the standards found in Chapter 20.170.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.044 - Definitions (N).

(A)

Nonconforming Sign. See Sign, Nonconforming.

(B)

Nonconforming Structure. See Structure, Nonconforming.

(C)

Nonconforming Use. See Use, Nonconforming.

(D)

"Nonconforming Zoning Condition" means a physical improvement on a property that does not conform to current zoning standards.

(E)

Nonoperating Vehicles, Storage of. See Storage of Nonoperating Vehicles.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.046 - Definitions (O).

(A)

"Off-site service providers" means businesses where the primary activity is conducted off-premises from the location of the business office or equipment, vehicle, or supply storage. Such business may include but is not limited to contractors, tradespeople, equipment servicers, or instructors.

(B)

Off-Site sign. See Sign, Off-Site.

(C)

On-Site sign. See Sign, On-Site.

(D)

"Open space easement" means an easement established pursuant to Section 51050 or Section 51080 of the Government Code or an easement which ensures the permanent retention of land in open space.

(E)

"Organized camp" means a site with program and facilities established for the primary purpose of providing an outdoor group living experience with social, spiritual, educational, or recreational objectives for five (5) days or more during one (1) or more seasons of the year.

The criteria to be used in identifying an organized camp are as follows:

(1)

Camp is located on a permanent site;

(2)

Camp has a well-defined program of organized supervised activity in which campers are required to participate;

(3)

There is present at the camp a qualified program director and a staff adequate to carry out the program;

(4)

A major portion of daily program activities are out of doors;

(5)

Establishments which rent or lease facilities on an individual, family, or group basis for the principal purpose of sporting or other unorganized recreational activities should be considered an organized camp;

(6)

Camps operated by organizations such as the Y.M.C.A., Y.W.C.A., Girl Scouts of America, Boy Scouts of America, Camp Fire Girls, Salvation Army, etc., are true prototypes of organized camps. Membership in one (1) of the following organizations is indicative of status as an organized camp:

(a)

The American Camping Association,

(b)

The Christian Camp and Conference Association,

(c)

The California Association of Private Camps,

(d)

The Association for Outdoor Education Inc., or

(e)

Other similar camping associations.

(F)

"Original jurisdiction" refers to either the Zoning Administrator, Planning Commission or Board of Supervisors, whichever body has the initial authority to take action for approval or denial, regardless if that action is appealable or final.

(G)

"Owner Occupied Unit" means a unit that is the primary residence of its owner.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.048 - Definitions (P).

(A)

"Parcel" means a unit of land or lot which, upon application, is eligible for a Certificate of Compliance.

(B)

"Parcel group" means a cluster of parcels, the maximum number determined by General Plan density.

(C)

"Parking space" means an unobstructed space or area at least nine (9) by twenty (20) feet, other than a street or alley which is permanently reserved and maintained for the parking of one (1) motor vehicle.

(D)

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

(E)

"Permitted Use." For the purpose of this Division, a "permitted use" in any district shall include any use listed as a Permitted Use and shall further include uses subject to an Administrative Permit and uses subject to a Use Permit for the particular district provided a use permit is obtained.

(F)

"Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any other group or combination acting as a unit.

(G)

"Planned development" means the development of parcels in a single ownership, which are suitable for and of sufficient acreage to contain a planned community or development; or parcels in multiple ownerships, which are determined to have development limitations, and require that improvement plans be prepared before divisions of land occur, or use permits are approved.

(H)

Portable Sign. See Sign, Portable.

(I)

"Preliminary Development Plan" means a land use diagram that shows the proposed mixed use project will not prevent orderly future development of any undeveloped portion of the project parcel(s). This plan includes the general location and type of possible future uses, circulation, and utilities outside of the project area and shows the project's relationship with the remainder of the site as well as existing development on adjoining lots and streets.

(J)

"Premise" means a lot or contiguous lots or portions thereof with functions, characteristics or uses uncommon to the remainder of the lot or lots.

(K)

"Premises" means a lot, or contiguous lots or portions thereof with functions, characteristics or uses uncommon to the remainder of the lot or lots.

(L)

Principal use(s)" means the primary use(s) for which land or a building is or may be intended, occupied, maintained, arranged or designed.

(M)

Private Garage. See Garage, Private.

(N)

Projecting Sign. See Sign, Projecting.

(O)

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

(P)

Public Garage. See Garage, Public.

(Q)

Public Stable. See Stable, Public.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.050 - Definitions (R).

(A)

"Recreational vehicles" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, which is less than eight (8) feet wide or forty (40) feet in length.

(B)

"Recreational vehicle park" means an area where one (1) or more camping spaces are rented or leased or held for rent or lease for compensation or profit to owners or users of recreational vehicles or tents and which is intended to be occupied by one (1) or more camping party.

(C)

"Recycling centers" means places of business or public facilities for the collection or processing of recyclable materials which comply with Section 20.024.105.

(D)

"Recyclable material" means reusable material, including but not limited to metals, glass, plastic, or paper which are intended for reuse, reconstitution or remanufacture for the purpose of reusing the altered form. Recyclable materials does not include refuse or hazardous materials except as specifically allowed by a particular use type.

(E)

"Redemption centers" means small collection centers not exceeding three thousand (3,000) square feet for the acceptance and temporary storage of redeemable materials from the public by donation, redemption or purchase, which complies with Section 20.024.107.

(F)

"Refuse disposal site" means an area devoted to the collection, disposal, incineration or transfer of solid waste. Refuse disposal site includes sanitary landfills, transfer stations and containers sites, processing for efficient shipping, disposal or transfer, and accessory recycling and resource recovery facilities and uses.

(G)

"Rental Unit" means a housing unit that is occupied by a party or household that is not its owner, and who pays a fee for the use of the unit.

(H)

"Residential parcel (high density)" means parcels zoned S-R, R-1, R-2, R-3, R-R: L-I or R-C.

(I)

"Resort and recreational facilities" means an establishment comprised of permanent structures offering meals and lodging facilities for temporary or seasonal occupancy, defined as thirty (30) days or less and subject to Mendocino County Code Chapters 5.20 and 6.04, and having recreational facilities for one (1) or more activities such as water sports, tennis, golf, riding, hiking, hunting, fishing or similar uses.

(J)

Roof Sign. See Sign, Roof.

(K)

"Room and Board" means the renting of not more than two (2) rooms for occupancy by transient guests for compensation or profit.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"School" means a building or group of buildings which are used or intended to be used for occupancy and use by teachers and students engaged in the process of learning and the pursuit of knowledge. A public school is a free tax supported school controlled by a governmental authority.

(B)

"Seat" or "seating area" means the actual seating capacity of an area based on the number of seats or one (1) seat per eighteen (18) inches on a bench or pew.

(C)

"Second Residential Unit" means either a detached or attached dwelling unit, including a mobile home, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel or parcels as the primary unit is situated.

(D)

"Setback" means a required, specified distance between a building or structure and a lot line or lines, measured perpendicularly to the lot line in a horizontal plane extending across the complete length of said lot line or lines.

(E)

"Setback, front yard" means the building or structure setback applicable in the front yard of a lot.

(F)

"Setback, rear yard" means the building or structure setback applicable in the rear yard of a lot.

(G)

"Setback, side yard" means the building or structure setback applicable in the side yard of a lot.

(H)

"Shopping center" means any combination of three (3) or more separately owned or leased and operated retail businesses on a single or commonly owned or leased parcel, or a commercial complex including five (5) or more uses occupying a site of at least two (2) acres. A group of contiguous retail stores, service facilities and related uses utilizing common facilities such as parking, landscaping, signing and loading areas. This group does not necessarily have to be in one (1) ownership.

(I)

"Sign" means any metal, wood, paper, cloth, plastic, paint, material, structure or part thereof, device or other thing whatsoever which is located upon, placed, erected, constructed, posted, painted, tacked, nailed, glued, stuck, carved, fastened or affixed to any building or structure, on the outside or inside of a window or on any awning, canopy, marquee or similar appendage, or on the ground or on any tree, wall, bush, rock, post, fence or other thing whatsoever in such a manner as to be visible out-of-doors and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol device, light, illuminated device, trademark, or other representation used as, or in the nature of, an announcement, advertisement, attention arrester, direction, warning, or designation of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise, or industry. "Sign" shall include any portable sign.

(J)

"Sign area" means the entire area within the smallest parallelogram, triangle, circle, or combination thereof, which can be delineated so as to encompass the extreme limits of all elements comprising an integral part of a sign display, including any frame or border, but not including essential structural elements, unless it is determined that such structural elements are an integral part of the total sign display; provided, however, that where the surface or face of a sign is curved, spherical, cylindrical or any other similar form, the area of such sign shall be computed on the basis of the projected configuration of that surface or face. The area of any double-faced sign shall be the area of the single face, unless otherwise provided. All other multiplefaced signs shall be the total area of all faces or panels. Sign area as it pertains to sign copy shall mean and be computed as the entire area within the smallest continuous perimeter of not more than eight (8) straight lines encompassing the extreme limit of all of the sign copy of a sign. In the case of a sign composed of individual letters or other devices mounted on a building wall, the copy area of such sign shall be the sum of the areas of the smallest rectangles encompassing each of the individual letters or other devices which comprise the sign copy.

(K)

"Sign face" means the surface of the sign upon, against, or through which the message is displayed or illustrated on the sign.

(L)

"Sign, freestanding" means any sign mounted upon its own standard which is supported wholly by structural anchorage to the ground, or mounted upon any accessory structure which does not constitute a building; provided, however, that any such sign which projects over the roof of a building shall be considered to be a freestanding sign.

(M)

"Sign height" means the highest point of any sign face or structural support members, whichever is the greater.

(N)

"Sign, nonconforming" means a sign lawfully erected, established, and maintained prior to the effective date of the code codified in this Division, which because of the application of this Division, does not conform to applicable regulations.

(O)

"Sign, off-site" means any sign as herein defined other than an on-site sign.

(P)

"Sign, on-site" means any sign which pertains and is accessory to a business or industrial use located on the same lot or which offers a lot or portion thereof for sale or lease.

(Q)

"Sign, portable" means a sign and its supporting structure not permanently affixed to the ground or any structure, or a sign located upon a vehicle or trailer placed or parked so as to be visible from the public right-of-way, for the basic purpose of providing advertisement of products or directing people to a business or activity. Portable signs shall not include business identification signs on vehicles, the primary purpose of which is identifying the business owning or operating the vehicle.

(R)

"Sign, projecting" means any sign other than a wall sign which is attached to and projects from the wall or face of a building or structure including a marquee sign.

(S)

"Sign, roof" means any sign erected, painted upon, against, or directly above a roof or on top of or above the parapet of a building, and which is supported wholly or in part by said building. Any sign mounted upon its own standard which is supported wholly by structural anchorage to the ground, or mounted upon any

accessory structure which does not constitute a building, shall be considered a roof sign where such sign projects over the roof of a building.

(T)

Any roof, the slope of which varies not more than forty-five (45) degrees from a vertical plane, shall be considered wall space for the purpose of placement of wall signs.

(U)

"Sign, wall" means any sign painted or mounted on a wall or of solid construction located as to be approximately parallel with the face of a building not to extend eighteen (18) inches from the face of a building or structure.

(V)

Single-Family Residence. See Dwelling, Single-Family.

(W)

"Small family daycare home" means the same as "small family daycare home" as defined in California Health and Safety Code section 1596.78.

(X)

"Stable" means a stable used for the boarding, breeding, training, or raising of horses, including horses not owned by the occupants of the premises.

(Y)

"Stable, public" means a stable or arena used for the riding, training and performing of horses by other than the occupants of the premises or their nonpaying guests, but excluding boarding or breeding stables.

(Z)

Standard Mobile Home Park. See Mobile Home Park, Standard.

(AA)

"Storage of nonoperating vehicles." The storage of "nonoperating motor vehicles" shall not include automobile wrecking. The presence on any lot or parcel of land of three (3) or more motor vehicles which for a period exceeding thirty (30) days have not been capable of operating under their own power, and from which no parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of the storage of nonoperating motor vehicles.

(BB)

"Street" means a County road, State highway, public road, street or alley, or private thoroughfare or easement not less than ten (10) feet in width connecting with a County road, State highway, public road, street or alley which affords primary access to an abutting lot.

(CC)

"Structural alterations" means any change in the supporting members of a building such as bearing walls, columns, beams or girders and floor joists, ceiling joists or roof rafters.

(DD)

"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground; excepting tents, recreational vehicles and fences less than six (6) feet in height.

(EE)

"Structure, nonconforming" means a building, structure or facility, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this ordinance to it, no longer conforms to the specific regulations applicable to the zone in which it is located.

(FF)

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, as defined in California Government Code Section 65582, and that is linked to on-site or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community, as defined in Section 50675.14 of the California Health and Safety Code. Supportive housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

(GG)

"Swap lot" means a building, structure, enclosure lot or other area into which persons are admitted to display, exchange, barter, sell or bargain for new or used merchandise.

(HH)

"Swimming pool" means a pool, pond, or open tank, capable of containing water to a depth greater than one and one-half (1½) feet at any point and designed or used for wading or swimming.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.054 - Definitions (T).

(A)

"Tandem Parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(B)

"Tasting room" means an area devoted to the sampling and sales thereof of wine or beer produced on or off the premises. Sale of food is prohibited, however, the incidental provision of food without compensation

is allowed.

(C)

"Timberland" means privately owned land, or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least fifteen (15) cubic feet per acre.

(D)

"Trailer coach" means any vehicle, with or without motive power, designed or used for human occupancy for residential, recreational, industrial, professional or commercial purposes and shall include mobile home and recreational vehicle.

(E)

"Transient Guest" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days.

(F)

"Transient Habitation" means establishments primarily engaged in the provision of lodging services for a period of thirty (30) consecutive calendar days or less with incidental food, drink and other sales and services intended for the convenience of guests.

(G)

"Transitional housing" means rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months, and in no case more than two (2) years, as defined in Section 50675.2 of the California Health and Safety Code. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

(H)

Travel Trailer. See Recreational Vehicle.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.056 - Definitions (U).

(A)

"Uniform Building Code (UBC)" means the UBC in use by Mendocino County.

(B)

"Usable open space" means one (1) or more open areas adjacent to residential uses, the purpose of which is to provide an outdoor area designed for outdoor recreation.

(C)

"Use" means the purpose for which land or a building is occupied, arranged, designed or intended, or which land or a building is or may be occupied or maintained.

(D)

Use, Accessory. See Accessory Use.

(E)

"Use classification" means a system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: Residential, Civic, Commercial, Industrial, Agricultural, and Extractive.

(F)

Use Group. See Use Classification.

(G)

"Use, nonconforming" means the use of a building, structure, or site, or portion thereof, which was lawfully established and maintained, but which, because of the application of this ordinance to it, no longer conforms to the specific regulations applicable to the zone in which it is located: Eligibility shall include one (1) of the following permits issued prior to March 24, 1982:

(1)

Prior Use Permit;

(2)

County Business License;

(3)

State Resale Permit.

(H)

"Use Permit" means a permit which may be granted by the appropriate Mendocino County authority to provide for the accommodation of land uses with special site or design requirements, operation characteristics, or potential adverse effects on surroundings, which are not permitted by right but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval by the permit granting authority.

(I)

Use Type. See Use Classification.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Variance" means a departure from the specific requirements, excluding uses, of the Zoning Code which may be granted by the appropriate Mendocino County authority when the literal enforcement of these requirements would result in practical difficulties, unnecessary hardship, or results inconsistent with the general purposes of this Division.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.060 - Definitions (W).

(A)

Wall Sign. See Sign, Wall.

(B)

"Water Extraction for Bulk Sale" means extraction of water from a parcel, whether from a well, spring, watercourse or any other source of water, that is not done by a water district, where the water is sold for use on a different property than where it was extracted, including any transportation of water in containers including but not limited to bottles or tank trucks.

(C)

"Wireless communication facility" means structures and/or equipment, including antennas, antenna towers, equipment cabinets, buildings, generators, fencing, access roads and the land upon which they are situated, associated with wireless communications.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.062 - Definitions (Y).

(A)

"Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except as otherwise provided by this Division, on the lot on which a building is situated.

(B)

"Yard, front" means the yard between a front lot line or lines and the line defined by the required front yard setback extending to the side lot lines.

(C)

"Yard, rear" means the yard between a rear lot line or lines and the line defined by a required rear yard setback extending to the side lot lines.

(D)

"Yard, side" means the yard between a side lot line or lines and the line defined by a required side yard setback, extending from the front yard to the rear yard.

(E)

"Yard, side, exterior" means a side yard abutting a street.

(F)

"Yard, side, interior" means any side yard other than an exterior side yard.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

Sec. 20.008.064 - Definitions (Z).

(A)

"Zone" means an area to which a uniform set of regulations relating to use of the land and the size of and location of buildings on the land, in order to assure the health, safety and general welfare of the County applies.

(B)

"Zoning Administrator" means the Planning and Building Services Director or designated representative who shall have authority to render decisions on administrative permits.

(C)

"Zoning Map" means a map displaying zone district boundaries which is kept and maintained by the Planning and Building Services Department.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

CHAPTER 20.012 - USE CLASSIFICATIONS[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 4538, § 3(Exh. A), adopted September 10, 2024, repealed Ch. 20.012 and enacted a new Ch. 20.012 as set out herein and as may later be amended. Former Ch. 20.012 pertained to similar subject matter and derived from Ord. No. 3639, adopted 1987.

Sec. 20.012.005 - General Intent of the Use Classifications.

The purpose of these provisions is to classify uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics, thereby providing a basis for regulation of uses in accordance with criteria which are directly relevant to the public interest. These provisions shall apply throughout this Division.

(Ord. No. 4538, § 3(Exh. A), 9-10-2024)

Sec. 20.012.010 - Listing of Use Classifications.

All uses are hereby classified into the following use types, which are described in Section 20.016.005 through Section 20.036.010, inclusive. See Section 20.012.015 for classification of combinations of uses resembling different types. The names of these use types start with capital letters throughout this Division.

(A)

Residential Use Types.

(1)

Assisted Living Residential Care Facility;

(2)

Day Care Facility;

(3)

Employee Housing;

(4)

Family residential—single-family;

(5)

Family residential—two-family;

(6)

Family residential—multifamily;

(7)

Family residential—dwelling groups;

(8)

Family residential—cluster development;

(9)

Low Barrier Navigation Center;

(10)

Mobile home park;

(11)

Supportive Housing;

(12)

Transitional Housing.

(B)

Civic Use Types.

(1)

Administrative services, government;

(2)

Ambulance services;

(3)

Cemetery services;

(4)

Clinic services;

(5)

Community recreation;

(6)

Cultural exhibits and library services:

(7)

Day care facilities/small schools;

(8)

Educational facilities;

(9)

Essential services;

(10)

Fire and police protection services;

(11)

Group care;

(12)

Lodge, fraternal and civic assembly;

(13)

Major impact facilities;

(14)

Major impact services and utilities;

(15)

Minor impact utilities;

(16)

Religious assembly.

(C)

Commercial Use Types.

(1)

Administrative and business offices;

(2)

Agricultural sales and services;

(3)

Animal sales and services—auctioning;

(4)

Animal sales and services—household pets;

(5)

Animal sales and services—horse stables;

(6)

Animal sales and services—kennels;

(7)

Animal sales and services—stockyards;

(8)

Animal sales and services—veterinary. (large animals);

(9)

Animal sales and services—veterinary (small animals);

(10)

Automotive and equipment—cleaning;

(11)

Automotive and equipment—fleet storage;

(12)

Automotive and equipment—parking;

(13)

Automotive and equipment—gasoline sales;

(14)

Automotive and equipment—repairs, light;

(15)

Automotive and equipment—repairs, heavy;

(16)

Automotive and equipment—sales/rentals;

(17)

Automotive and equipment—storage, nonoperating vehicles;

(18)

Automotive and equipment—storage, recreational vehicles and boats;

(19)

Building maintenance services;

(20)

Business equipment sales and services;

(21)

Commercial recreation—indoor sports and recreation;

(22)

Commercial recreation—outdoor sports and recreation;

(23)

Commercial recreation—outdoor sports and recreation—limited;

(24)

Commercial recreation—indoor entertainment;

(25)

Commercial recreation—outdoor entertainment;

(26)

Communications services;

(27)

Construction sales and services;

(28)

Cottage industries—limited;

(29)

Cottage industries—general;

(30)

Eating and drinking establishments;

(31)

Financial, services;

(32)

Food and beverage retail sales;

(33)

Food and beverage preparation—without consumption;

(34)

Funeral and interment services;

(35)

Laundry services;

(36)

Mail order businesses;

(37)

Medical services;

(38)

Personal services;

(39)

Recycling centers;

(40)

Redemption centers

(41)

Repair services, consumer;

(42)

Research services;

(43)

Retail sales, general;

(44)

Scrap operations;

(45)

Swap meets;

(46)

Transient habitation—campground;

(47)

Transient habitation—lodging—limited;

(48)

Transient habitation—lodging;

(49)

Transient habitation—resort and recreational facilities;

(50)

Wholesaling, storage and distribution—mini-warehouses;

(51)

Wholesaling, storage and distribution—light;

(52)

Wholesaling, storage and distribution—heavy.

(D)

Industrial Use Types.

(1)

Custom manufacturing;

(2)

Explosives storage;

(3)

General industrial;

(4)

Heavy industrial.

(E)

Agricultural Use Types.

(1)

Horticulture;

(2)

Row and field crops;

(3)

Tree crops;

(4)

Animal raising—general agriculture;

(5)

Animal raising—personal;

(6)

Animal waste processing;

(7)

Packing and processing—limited;

(8)

Packing and processing—winery;

(9)

Packing and processing—general;

(10)

Packing and processing—commercial cooperage;

(11)

Forest production and processing—limited;

(12)

Forest production and processing—general;

(13)

Forest production and processing—commercial woodlots;

(14)

Forest production and processing—portable sawmills.

(F)

Extractive Use Types.

(1)

Mining and processing.

(Ord. No. 4538, § 3(Exh. A), 9-10-2024)

The following rules shall apply where a lot contains uses which resemble two (2) or more different use types and which are not classified either as accessory uses or as permitted secondary uses.

(A)

Separate Classification of Several Establishments. The principal uses conducted on a lot by two (2) or more individual establishments, managements, or institutions shall be classified separately into use types.

(B)

Classification of Different Uses Conducted by Individual Establishment. If principal uses conducted on a lot by an individual establishment, management, or institution resemble two (2) or more different use types all such principal uses shall be classified in the use types whose description most closely portrays the nature of such uses. However, when the principal uses have any of the characteristics of the following list of use types, all such principal uses shall be classified in one (1) or more of the use types on the list:

(1)

Animal sales and services: auctioning;

(2)

Animal sales and services: stockyards;

(3)

Animal waste processing;

(4)

Explosive storage;

(5)

General industrial;

(6)

Heavy industrial;

(7)

Major impact services and utilities;

(8)

Mining and processing;

(9)

Scrap operations;

(10)

Wholesaling, storage and distribution: heavy.

(Ord. No. 4538, § 3(Exh. A), 9-10-2024)

Sec. 20.012.020 - Classifying Uses.

Uses will be classified into use types upon the description of the use types as contained in Section 20.016.005 through Section 20.036.010, inclusive, and upon common functional, product, or compatibility characteristics with other uses already classified within the use type, subject to the applicable provisions of Section 20.012.015 with respect to combinations of uses. A list of common uses and the use types into which they are classified shall be maintained by the Director. The Director shall have the authority to classify common uses according to use types. The classification of a use is subject to the right of appeal pursuant to the administrative appeal procedure in Chapter 20.208.

(Ord. No. 4538, § 3(Exh. A), 9-10-2024)

CHAPTER 20.016 - RESIDENTIAL USE TYPES[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 4538, § 4(Exh. A), adopted September 10, 2024, repealed Ch. 20.016 and enacted a new Ch. 20.016 as set out herein and as may later be amended. Former Ch. 20.016 pertained to similar subject matter and derived from Ord. No. 3639, adopted 1987; Ord. No. 3717, adopted 1989; and Ord. No. 4225, adopted July 20, 2009.

Sec. 20.016.005 - General Description of Residential Use Types.

Residential use types include the occupancy of living accommodations on a wholly or primarily nontransient basis. They also include certain uses accessory to the above, as specified in Chapter 20.164, Accessory Use Regulations.

(Ord. No. 4538, § 4(Exh. A), 9-10-2024)

Sec. 20.016.010 - Assisted Living Residential Care Facility

A state-authorized, certified, or licensed family care home, foster home, group home serving six (6) or fewer mentally impaired or otherwise handicapped persons, persons recovering from alcoholism or drug addiction, or dependent and neglected children. A family care home may provide care and service on a twenty-four-hour-a-day basis. No facility shall qualify as a family care home if it is operated in such a

manner that facilities, activities, or events thereon are shared by more than six (6) mentally impaired or otherwise handicapped persons or dependent and neglected children.

(Ord. No. 4538, § 4(Exh. A), 9-10-2024)

The family residential use type refers to the residential occupancy of dwelling units by families on a monthly or longer basis. Typical uses include occupancy of dwelling or apartment. The following are family residential use types:

(A)

Family Residential—Single-family. The use of a parcel for only one (1) dwelling unit including if said unit is a moveable tiny home consistent with Chapter 20.170;

(B)

Family Residential—Two-family. The use of a parcel for two (2) dwelling units within a single building;

(C)

Family Residential—Multifamily. The use of a parcel for three (3) or more dwelling units in one (1) building;

(D)

Family Residential—Dwelling Groups. The use of a parcel for more than one (1) but not more than four (4) single family dwellings, except on R-2 zoned properties, no more than four (4) dwelling units. On the agriculture, range land, forest land, and timber land production districts, open space easements or other methods may be required on all open space land not included in the residential development area:

(E)

Family Residential—Cluster Development. The use of a parcel for more than four (4) dwelling units when clustered to enhance and protect the agriculture or natural resources of a site. Typical uses are singlefamily, two (2) family, or multiple-family units which shall meet the requirements in Chapter 20.116 Cluster Combining District.

(Ord. No. 4538, § 4(Exh. A), 9-10-2024)

The use of a dwelling unit as a "small family daycare home" or "large family daycare home" as defined in California Health and Safety Code section 1596.78. "Small family daycare home" or "large family daycare home" includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the family daycare provider resides and includes a dwelling or dwelling unit that is rented, leased, or owned. Pursuant to California Health and Safety Code section 1597.45 Day Care Facilities are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

(Ord. No. 4538, § 4(Exh. A), 9-10-2024)

Sec. 20.016.025 - Employee Housing.

Employee Housing consistent with the Employee Housing Act as specified in California Health and Safety Code sections 17000 through 17062.5.

(Ord. No. 4538, § 4(Exh. A), 9-10-2024)

Sec. 20.016.030 - Low Barrier Navigation Center.

A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing, as further defined in California Government Code section 65660(a).

(Ord. No. 4538, § 4(Exh. A), 9-10-2024)

Sec. 20.016.035 - Mobile Home Park.

The mobile home park use type refers to the residential occupancy of mobile homes by families on a monthly or longer basis. Typical uses include mobile home parks.

(Ord. No. 4538, § 4(Exh. A), 9-10-2024)

Sec. 20.016.040 - Supportive Housing.

Housing with no limit on length of stay, that is occupied by the target population, as defined in California Government Code Section 65582, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community, as defined in Section 50675.14 of the California Health and Safety Code. Supportive housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

(Ord. No. 4538, § 4(Exh. A), 9-10-2024)

Sec. 20.016.045 - Transitional Housing.

Rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months, and in no case more than two (2) years, as defined in Section 50675.2 of the California Health and Safety Code. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

(Ord. No. 4538, § 4(Exh. A), 9-10-2024)

CHAPTER 20.020 - CIVIC USE TYPES[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 4538, § 5(Exh. A), adopted September 10, 2024, repealed Ch. 20.020 and enacted a new Ch. 20.020 as set out herein and as may later be amended. Former Ch. 20.020 pertained to similar subject matter and derived from Ord. No. 3639, adopted 1987; Ord. No. 3953, adopted 1996; Ord. No. 4206, adopted October 28, 2008; Ord. No. 4225, adopted July 20, 2009; and Ord. No. 4364, adopted September 13, 2016.

Sec. 20.020.005 - General Description of Civic Use Types.

Civic use types include the performance of utility, educational, recreational, cultural, medical, protective, governmental, and other uses which are strongly vested with public or social importance. They also include certain uses accessory to the above, as specified in Chapter 20.164, Accessory Use Regulations.

(Ord. No. 4538, § 5(Exh. A), 9-10-2024)

Sec. 20.020.010 - Administrative Services Government.

"Administrative services government" means consulting, recordkeeping, clerical or public contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles. Typical uses include Federal, State, County, city or special district offices.

(Ord. No. 4538, § 5(Exh. A), 9-10-2024)

Sec. 20.020.015 - Ambulance Services.

"Ambulance services" means transportation of ill or injured persons to and from treatment facilities together with incidental storage and maintenance of necessary vehicles.

(Ord. No. 4538, § 5(Exh. A), 9-10-2024)

Sec. 20.020.020 - Cemetery.

"Cemetery" means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

(Ord. No. 4538, § 5(Exh. A), 9-10-2024)

Sec. 20.020.025 - Clinic Services.

"Clinic services" means providing nonprofit medical services to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement.

(Ord. No. 4538, § 5(Exh. A), 9-10-2024)

Sec. 20.020.030 - Community Recreation.

"Community recreation" means recreational, social or multipurpose uses owned or operated by a public entity. Typical uses include public parks, sports facilities, senior citizen centers, nature centers, teen centers, playhouses, auditoriums and recreational centers.

(Ord. No. 4538, § 5(Exh. A), 9-10-2024)

Sec. 20.020.035 - Cultural Exhibits and Library Services.

"Cultural exhibits and library services" means nonprofit, museum-like preservation and exhibition of objects of permanent interest in one (1) or more of the arts and sciences, gallery exhibition of works of art or library collection of books, manuscripts, etc., for study and reading.

(Ord. No. 4538, § 5(Exh. A), 9-10-2024)

Sec. 20.020.040 - Day Care Facilities/Small Schools.

"Day Care Facility/small schools" means care or education of seven (7) or more, but not to exceed twentyfive (25) persons regardless of age or handicap but excluding overnight care or uses classified as group care or other facilities exempted by the California Health and Safety Code, e.g. Day Care Homes—Small and Large, or major impact services and utilities. A Day Care Home—Large is subject to an Administrative Permit in all zoning districts that permit the Family Residential use types. Typical uses include day nurseries for children, child day care facilities, or day care for elderly, and small schools.

(Ord. No. 4538, § 5(Exh. A), 9-10-2024)

Sec. 20.020.045 - Educational Facilities.

"Educational facilities" means public and private schools providing education for more than twenty-five (25) persons.

(Ord. No. 4538, § 5(Exh. A), 9-10-2024)

"Essential services" means services which are necessary to support principal development and involve only minor structures such as lines and poles which are necessary to support principal development.

(Ord. No. 4538, § 5(Exh. A), 9-10-2024)

Sec. 20.020.055 - Fire and Police Protection Services.

"Fire and police protection services" means facilities for conduct of public safety services, including police and fire protection services.

(Ord. No. 4538, § 5(Exh. A), 9-10-2024)

"Group care" means services provided in facilities authorized, certified or licensed by the State to provide board, room and personal care to seven (7) or more, but not to exceed twenty-five (25) elderly, or mentally

impaired or otherwise handicapped persons or dependent and neglected children but excluding those uses classified under major impact services and utilities. Typical uses include emergency shelters, intermediate care facilities and rest homes.

(Ord. No. 4538, § 5(Exh. A), 9-10-2024)

Sec. 20.020.065 - Lodge, Fraternal and Civic Assembly.

"Lodge, fraternal and civic assembly" means meetings and activities conducted primarily for their members by nonprofit organizations which are tax exempt pursuant to Section 501(c) of the Internal Revenue Code. Excluded from this use type are uses classified as group care, or transient habitation (all types). Typical uses include meeting places for civic clubs, grange halls, lodges, or fraternal or veterans organizations.

(Ord. No. 4538, § 5(Exh. A), 9-10-2024)

Sec. 20.020.070 - Major Impact Facilities.

"Major impact facilities" means services or facilities which may have a substantial impact. Typical uses include airports, hospitals, group care for more than twenty-five (25) persons, detention and correction institutions, and corporation yards.

(Ord. No. 4538, § 5(Exh. A), 9-10-2024)

Sec. 20.020.075 - Major Impact Services and Utilities.

"Major impact services and utilities" means services or utilities which may have a substantial impact.

Such uses may be conditionally permitted when the public interest supersedes the usual limitations placed on land use and transcends the usual restraints of zoning for reasons of necessary location and community wide interest. Typical places or uses are power generating facilities, Battery Energy Storage Systems, sewage disposal facilities, septage disposal facilities and sites, sanitary landfills and water treatment plants, and radio, telephone and other commercial communication transmission towers and antennas.

(Ord. No. 4538, § 5(Exh. A), 9-10-2024)

Sec. 20.020.080 - Minor Impact Utilities.

"Minor impact utilities" means public utilities which have a local impact on surrounding properties and are necessary to provide essential services. Typical uses are electrical and gas distribution substations and transmission distribution lines. Radio, telephone and other commercial communication transmission towers and antennas are not included.

(Ord. No. 4538, § 5(Exh. A), 9-10-2024)

Sec. 20.020.085 - Religious Assembly.

"Religious assembly" means religious services involving public assembly such as customarily occurs in synagogues, temples, and churches.

(Ord. No. 4538, § 5(Exh. A), 9-10-2024)

CHAPTER 20.024 - COMMERCIAL USE TYPES[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 4538, § 6(Exh. A), adopted September 10, 2024, repealed Ch. 20.024 and enacted a new Ch. 20.024 as set out herein and as may later be amended. Former Ch. 20.024 pertained to similar subject matter and derived from Ord. No. 3639, adopted 1987; Ord. No. 3678, adopted 1988; Ord. No. 3867, adopted 1993; and Ord. No. 4017, adopted 1998.

Sec. 20.024.005 - General Description of Commercial Use Types.

Commercial use types include the distribution and sale or rental of goods; and the provision of services other than those classified as civic uses. They also include certain uses accessory to the above, as specified in Chapter 20.164, Accessory Use Regulations.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.010 - Administrative and Business Offices.

"Administrative and business offices" means offices of private firms or organizations which are primarily used for the provision of professional, executive, management, or administrative services. Typical uses include administrative offices, and services including real estate, insurance, property management, investment, travel, secretarial services, telephone answering, photocopy and reproduction, and other activities when the service rendered is that customarily associated with administrative office services. Excluded are banks.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.015 - Agricultural Sales and Services.

"Agricultural sales and services" means establishments or places of business engaged in sale from the premises of feed, grain, fertilizers, pesticides and similar goods or in the provision of agriculturally related services with incidental storage on lots other than where the services are rendered. Typical uses include nurseries, hay, feed and grain stores, crop dusting, or tree service firms.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.020 - Animal Sales and Services.

"Animal sales and services" means establishments or places of business primarily engaged in animal related sales and services. The following are animals sales and services use types:

(A)

Animal Sales and Services—Auctioning. Auctioning of livestock on a wholesale or retail basis with incidental storage of animals produced off property not exceeding seventy-two (72) hour periods. Typical uses include animal auctions or livestock auction yards.

(B)

Animal Sales and Services—Household Pets. Retail sales and grooming of dogs, cats, birds, fish and similar small animals customarily used as household pets. Typical uses include pet stores, dog bathing and clipping salons, or pet grooming shops.

(C)

Animal Sales and Services—Horse Stables. Boarding, breeding or raising of horses not owned by the occupants of the premises or riding of horses by other than the occupants of the premises or their nonpaying guests. Typical uses include boarding stables or public stables.

(D)

Animal Sales and Services—Kennels. Kennel services for dogs, cats and similar small animals. Typical uses include boarding kennels, pet motels or dog training centers.

(E)

Animal Sales and Services—Stockyards. Stockyard services involving the temporary keeping of transient livestock for slaughter, market or shipping. Typical uses include stockyards or animal sales yards.

(F)

Animal Sales and Services—Veterinary (Large Animals). Veterinary services for large animals. Typical uses include animal hospitals (large animals) and veterinary hospitals (large animals). Typical uses include clinics for the treatment of sheep, cattle, horses, goats and similar large animals.

(G)

Animal Sales and Services—Veterinary (Small Animals). Veterinary services for small animals provided that overnight care shall be within a fully enclosed building or structure. Typical uses include pet clinics, dog and cat hospitals or animal hospitals treating small animals.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.025 - Automotive and Equipment.

"Automotive and equipment" means establishment or places of business primarily engaged in automotive related or heavy equipment sales or services. The following are automotive and equipment use types:

(A)

Automotive and Equipment—Cleaning. Washing and polishing of automobiles. Typical uses include auto laundries or car washes.

(B)

Automotive and Equipment—Fleet Storage. Storage or parking of one (1) or more vehicles used regularly in business operations. Excluded from this use type are automotive and equipment—sales/rentals, and the

incidental parking of vehicles as an accessory use to a permitted use on the same premises. Typical uses include taxi fleets, mobile catering truck storage or delivery truck fleets.

(C)

Automotive and Equipment—Parking. Parking of motor vehicles on a temporary basis within a public or privately owned off-street parking area with or without a fee. Typical uses include commercial parking lots or commercial garages.

(D)

Automotive and Equipment—Gasoline Sales. Establishments or places of business primarily engaged in the retail sale, from the premises, of petroleum products with incidental sale of tires, batteries, and replacement items, lubricating services and minor repair services. Typical uses include automobile service stations, filling stations or truck stops.

(E)

Automotive and Equipment—Repairs, Light (Under Six Thousand (6,000) Pounds). Repairs of automobiles, pick-up trucks, recreational vehicles, farm equipment and boats (less than twenty-four (24) feet in length) and the sale, installation and servicing of automobile equipment and parts but excluding body repairs and painting. Typical uses include muffler shops, auto repair garages, auto glass shops or auto parts stores.

(F)

Automotive and Equipment—Repairs, Heavy (Six Thousand (6,000) Pounds and Over). Repair of motor vehicles such as aircraft, boats, (twenty-four (24) feet or longer) heavy construction equipment, trucks, or major truck terminals etc., as well as the sale, installation and servicing of automotive equipment and parts together with body repairs, painting and steam cleaning. Typical uses include truck transmission shops, body shops or motor freight maintenance groups.

(G)

Automotive and Equipment—Sales/Rentals. Sale, retail or wholesale and/or rental from the premises of auto, trucks, motorcycles, mobile homes, motor homes, trailers, construction equipment, farm equipment and aircraft together with incidental maintenance. Typical uses include auto dealers, car rental agencies, aircraft dealers, boat dealers, construction equipment dealers, or mobile home dealers.

(H)

Automotive and Equipment—Storage, Nonoperating Vehicles. Storage of nonoperating motor vehicles. Typical uses include storage of private parking towaways or impound yards.

(I)

Automotive and Equipment—Storage, Recreational Vehicles and Boats. Storage of recreational vehicles and boats. Typical uses include the collective storage of personal recreational vehicles or boats.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.030 - Building Maintenance Services.

"Building maintenance services" means establishments primarily engaged in the provision of maintenance and custodial services to firms rather than individuals. Typical uses include janitorial, landscape maintenance, or window cleaning services.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.035 - Business Equipment Sales and Services.

"Business equipment sales and services" means establishments or places of business primarily engaged in the sale, rental or repair of equipment and supplies used by office, professional and service establishments to the firms themselves rather than to individuals, but excludes automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops or hotel equipment and supply firms.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.040 - Commercial Recreation.

"Commercial recreation" means establishments or places primarily engaged in the provision of sports, entertainment, or recreation for participants or spectators. The following are commercial recreation use types:

(A)

Indoor Sports and Recreation. Uses conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller skating rinks, penny arcades.

(B)

Outdoor Sports and Recreation. Uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, golf courses, swimming pools, water slides, tennis courts, racquetball courts. Shooting ranges and motorcycle parks shall require a use permit.

(C)

Outdoor Sports and Recreation—Limited. Recreational activities that are compatible with and not detrimental to the agricultural use of the property, specifically meaning the use of land by the public, with or without charge, for any of the following recreational uses: Walking, hiking, picnicking, swimming, boating, fishing, hunting, equestrian uses or other outdoor games such as golf driving ranges, tennis courts (grass only), par course (physical fitness) and athletic fields (football, soccer and batting practice range). This recreational use is limited as follows:

(1)

A duration of two (2) years, subject to renewal.

(2)

No permanent structures may be constructed to support this use.

(3)

No soil shall be moved to support this use.

(4)

Use must be in compliance with Williamson Act contract restrictions and with the use as specified in Mendocino County Code Section 22.08.071.

(D)

Indoor Entertainment. Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, meeting halls, dance halls and auditoriums.

(E)

Outdoor Entertainment. Predominantly spectator uses conducted in open facilities. Typical uses include sports arenas, racing facilities, amusement parks.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

"Communications services" means establishments primarily engaged in the provisions of broadcasting and other information relay services accomplished through the use of electronic mechanisms but excludes those classified as major or minor impact services and utilities. Typical uses include television studios, telecommunication service centers or telegraph service offices.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.050 - Construction Sales and Services.

"Construction sales and services" means establishments or places of business primarily engaged in construction activities and incidental storage on lots other than construction sites as well as the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures and hardware; but excludes those classified as one of the automotive and heavy equipment use types. Typical uses include building materials stores, tool and equipment rental or sales, retail lumber, contractors storage yard, furniture manufacturing or cabinet shops.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.055 - Cottage Industries—Limited.

"Cottage industries—limited" means use types conducted in compliance with Chapter 20.160.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.060 - Cottage Industries—General.

"Cottage industries—general" means use types conducted in compliance with Chapter 20.160.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.065 - Eating and Drinking Establishments.

"Eating and drinking establishments" means establishments or places of business primarily engaged in the sale of prepared food and beverage for on-premises consumption. Typical uses include restaurants, short order eating places, bars, or tasting rooms when not associated with a Packaging and Processing—winery use type.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.070 - Financial Services.

"Financial services" means establishments primarily engaged in the provision of financial services and banking. Typical uses include banks, savings and loan institutions, loan and lending activities, and similar services.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.075 - Food and Beverage Retail Sales.

"Food and beverage retail sales" means establishments or places of business primarily engaged in the retail sale of food and beverage for home consumption. Typical uses include grocery stores, liquor stores, delicatessens or retail bakeries.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.080 - Food and Beverage Preparation—Without Consumption.

"Food and beverage preparation—without consumption" means establishments or places of business primarily engaged in the preparation of food and beverage and which no consumption of the products occur on the premises. Typical uses include catering.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.085 - Funeral and Interment Services.

"Funeral and interment services" means establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead. Typical uses include funeral homes or mortuaries.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.090 - Laundry Services.

"Laundry services" means establishments primarily engaged in the provision of laundering, dry cleaning or dyeing services other than those classified as personal services. Typical uses include laundry agencies, diaper services or linen supply services.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

"Mail order businesses" means the storage, sale and delivery of goods and merchandise produced on or off the premises to retail or wholesale consumers by way of the mails, delivery services, or in any other manner in which visitation to the premises by the wholesale or retail consumers is strictly incidental.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.095 - Medical Services.

"Medical services" means establishments primarily engaged in the provision of personal health services ranging from prevention, diagnosis and treatment or rehabilitation services provided by physicians, dentists, nurses and other health personnel as well as the provisions of medical testing and analysis services, but excludes those classified as any civic use type. Typical uses include medical offices, dental laboratories or health maintenance organizations.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.100 - Personal Services.

"Personal services" means establishments or places of business primarily engaged in the provision of services of a personal nature. Typical uses include beauty and barber shops, seamstress, tailor, self-service laundry, photography studios, driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.105 - Recycling Centers.

"Recycling centers" means places of business or public facilities for the collection or processing of recyclable materials, including but not limited to metals, glass, plastic, paper, appliances or white metals. Appliances and white metals shall be limited to twenty-five (25) percent of the floor area devoted to the storage of recyclable materials but not more than four hundred (400) square feet. Recycling centers exclude automobile wrecking yards, junk yards, and the collection of refuse or hazardous materials except recyclable batteries, or paint, oil or antifreeze limited to one thousand (1,000) gallons of each fluid. Recycling centers may process recyclable materials for efficient shipping or to an end-user's specifications by baling, bunching, crushing, smashing, separation, shredding or similar action. The recycling of materials excluded from recycling centers may be permitted as an industrial use type. See Chapter 20.164 for exemptions classified as accessory recycling.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.107 - Redemption Centers.

"Redemption centers" means small collection centers for the acceptance and temporary storage of redeemable recyclable materials from the public by donation, redemption or purchase. A redemption center may include reverse vending machine(s) or a mobile recycling unit. A redemption center shall not exceed

three thousand (3,000) square feet, and if not contained within a permanent structure shall be contained behind a minimum six (6) foot high view-obstructing fence secure from unauthorized entry.

Processing is limited to preparing the accumulated recyclable material for efficient shipping or to an enduser's specifications, including baling, compacting, crushing, mechanical sorting, or shredding, provided that the noise level does not exceed fifty (50) dBA Leq at the property line adjacent to a residential or similar noise sensitive use or sixty (60) dBA Leq at the property line adjacent to a commercial use. All processing shall be conducted between the hours of 9:00 a.m. and 6:00 p.m., Monday through Saturday. Recycling which exceeds the limits of a redemption center may be permitted under recycling centers. See also Chapter 20.164 for accessory recycling.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.110 - Repair Services, Consumer.

"Repair services, consumer" means establishments primarily engaged in the provision of repair services to individuals and households rather than firms, but excluding automotive and equipment use types. Typical uses include appliance repair shops, watch or jewelry repair, apparel repair firms or musical instrument repair firms.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.115 - Research Services.

"Research services" means establishments primarily engaged in research of an industrial or scientific nature which is provided as a service or which is conducted by and for a private firm, but excludes medical testing and analysis and product testing. Typical uses include electronics research laboratories, space research and development firms or pharmaceutical research tabs.

Sec. 20.024.120 - Retail Sales, General.

"Retail sales, general" means sale or rental of commonly used goods, and merchandise for personal or household use, but excludes those classified more specifically in Sections 20.024.005 to 20.024.115 and Sections 20.024.125 to 20.024.140 (all other commercial use types) inclusive. Typical uses include department stores, apparel stores, furniture stores, or establishments providing the following products or services: household cleaning and maintenance products; drugs, cards, and stationery, notions, books, tobacco products, cosmetics, and specialty items; flowers, plants, hobby materials, toys, and handcrafted items; apparel, jewelry, fabrics, and like items; cameras, photography services, household electronic equipment, records, sporting equipment, kitchen utensils, home furnishing and appliances, art supplies and framing, arts and antiques, paint and wallpaper, carpeting and floor covering, interior decorating services, office supplies; bicycles; automotive parts and accessories (excluding service and installation) or hardware stores (excluding lumber storage or sales).

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.125 - Scrap Operations.

"Scrap operations" means places of business primarily engaged in the storage, sale dismantling or other processing of used or waste materials which are not intended for reuse in their original form. Typical uses include automotive wrecking, and junk yards.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.130 - Swap Meets.

"Swap meets" means display, exchange, barter or sale of new or used common household items or office equipment and furnishings, provided that such activity is carried on in a swap lot. Typical uses include flea markets where clothing, personal effects, household furnishings and household appliances are sold or otherwise exchanged.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.135 - Transient Habitation.

"Transient habitation" means establishments primarily engaged in the provision of lodging services on a less than monthly basis with incidental food, drink and other sales and services intended for the convenience of guests. The following are transient habitation use types:

(A)

Transient Habitation—Campground. Campground services involving transient habitation areas for travelers in recreational vehicles or tents. Typical uses include recreational vehicle parks or campgrounds. Uses within this use type are subject to Chapter 20.176, Recreational Vehicle Parks and Campgrounds.

(B)

Transient Habitation—Lodging (Limited). Lodging services involving the provision of room and/or board. Typical uses include hotels, motels, inns, or transient boarding houses with three (3) to six (6) rooms.

(C)

Transient Habitation—Lodging. Lodging services involving the provision of room and/or board. Typical uses include hotels, motels, inns, or transient boarding houses with seven (7) or more rooms.

(D)

Transient Habitation—Resort and Recreational Facilities. Resort services including the provision of extensive outdoor recreation and entertainment services especially for vacationers. Typical uses include resort and recreational facilities, health spas, resort hotels and motels, guest ranch, inns or organized camps.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

Sec. 20.024.140 - Wholesaling, Storage and Distribution.

"Wholesaling, storage and distribution" means establishment or places of business primarily engaged in wholesaling, storage, distribution and handling of materials and equipment other than live animals. The

following are wholesaling, storage and distribution use types:

(A)

Wholesaling, Storage and Distribution—Mini-Warehouses.

Storage or warehousing service within a building(s) primarily for individuals to store personal effects and by businesses to store material for operation of an industrial or commercial enterprise located elsewhere. Incidental uses in a mini-warehouse facility function as an independent retail, wholesale, business or service use. Individual storage spaces within a mini-warehouse shall have a maximum gross floor area of four hundred (400) square feet and shall not be used for workshops, hobby shops, manufacturing or similar uses and human occupancy of said spaces shall be limited to that required to transport, arrange, and maintain stored materials. Driveways between mini-warehouse buildings on the same site shall have a minimum width of twenty-four (24) feet to accommodate the temporary parking of vehicles during loading and unloading operations.

(B)

Wholesaling, Storage and Distribution—Light. Wholesaling, storage and warehousing services within enclosed structures. Typical uses include wholesale distributor, storage warehouses or moving and storage firms.

(C)

Wholesaling, Storage and Distribution—Heavy. Open-air storage, distribution and handling of materials and equipment. Typical uses include monument or stone yards, grain elevators, propane providers, or open storage yards.

(Ord. No. 4538, § 6(Exh. A), 9-10-2024)

CHAPTER 20.028 - INDUSTRIAL USE TYPES

Sec. 20.028.005 - General Description of Industrial Use Types.

Industrial use types include on-site production of goods by methods not agricultural or extractive in nature. They also include certain uses accessory to the above, as specified in Chapter 20.164, Accessory Use Regulations.

(Ord. No. 3639 (part), adopted 1987)

Sec. 20.028.010 - Custom Manufacturing.

"Custom manufacturing" means the on-site production of individually crafted goods using hand tools or mechanical equipment typical of the type or specifications found in a home shop or not creating noise, dust, fumes, visual impacts or electrical or water use in excess of home shop or hobby equipment and may include incidental on-site sales of those goods to retail consumers. Typical uses include ceramic studios, candle-making shops, custom jewelry manufacturing and wood working shops, or light assembly of components manufactured off-premises.

(Ord. No. 3639 (part), adopted 1987; Ord. No. 4017 (part), adopted 1998)

"General industrial" means industrial plants primarily engaged in manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of materials and products. Included are aggregate processing plants such as crushing, screening, washing and mixing plants.

(Ord. No. 3639 (part), adopted 1987)

Sec. 20.028.020 - Heavy Industrial.

"Heavy industrial" means all other industrial plants or other uses involving the compounding of radioactive materials, petroleum refining or manufacturing of explosives.

(Ord. No. 3639 (part), adopted 1987)

Sec. 20.028.025 - Explosives Storage.

"Explosives storage" means storage of any quantity of explosives as defined by Section 1200 of the California Health and Safety Code. Typical uses include storage in the course of manufacturing, selling or transporting explosives or in the course of blasting operations.

(Ord. No. 3639 (part), adopted 1987)

CHAPTER 20.032 - AGRICULTURAL USE TYPES

Sec. 20.032.005 - General Description of Agricultural Use Types.

Agricultural use types include the on-site production of plant and animal products by agricultural methods. They also include certain uses accessory to the above specified in Chapter 20.164, Accessory Use Regulations.

(Ord. No. 3639 (part), adopted 1987)

Sec. 20.032.010 - Horticulture.

"Horticulture" means premises devoted to horticultural and floracultural specialties such as flowers, shrubs, and trees intended for ornamental or landscaping purposes. Typical uses include wholesale/retail nurseries limited to the sale of horticulture and horticulture specialties grown on site and in green houses.

(Ord. No. 3639 (part), adopted 1987)

Sec. 20.032.015 - Row and Field Crops.

"Row and field crops" means premises devoted to the cultivation for sale of agricultural products grown in regular or scattered patterns such as vines, field, forage and other plant crops intended to provide food or fibers.

(Ord. No. 3639 (part), adopted 1987)

"Tree crops" means premises devoted to the cultivation for sale at wholesale of tree-grown agricultural products such as pears, apples, walnuts and Christmas trees but excluding other forestry products.

(Ord. No. 3639 (part), adopted 1987)

Sec. 20.032.025 - Animal Raising—General Agriculture.

"Animal raising—general agriculture" means the raising of crops or livestock on parcels greater than forty thousand (40,000) square feet or zoned A-G, R-L, U-R, F-L or TPZ and shall include:

(A)

Grazing of livestock and feeding and caring incidental thereof;

(B)

Animal husbandry including, without limitation, the breeding and raising of cattle, sheep, horses, goats, pigs, rabbits, and poultry, including egg production;

(C)

Sale of agricultural products grown, raised, or produced on the premises;

(D)

4-H, FFA or similar projects shall be permitted in all zoning districts.

(Ord. No. 3639 (part), adopted 1987)

Sec. 20.032.030 - Animal Raising—Personal.

"Animal raising—personal" means the raising of hen chickens or rabbits for personal use on parcels forty thousand (40,000) square feet or less in size in accordance with the following criteria:

(A)

No more than six (6) of any one (1) or combination of such animals on the lot;

(B)

Maintained in coops or pens located at a distance of fifty (50) feet or more from buildings used for human habitation;

(C)

Coops or pens shall be located only on the rear one-third (⅓) of the lot;

(D)

Coops or pens shall be located no closer than five (5) feet from the side or rear property line.

(Ord. No. 3639 (part), adopted 1987)

Sec. 20.032.035 - Animal Waste Processing.

"Animal waste processing" means processing of animal waste and byproducts, including but not limited to animal manure, animal bedding waste, and similar byproducts of an animal raising agricultural operation, for use as a commercial fertilizer or soil amendment and including composting operations.

(Ord. No. 3639 (part), adopted 1987)

Sec. 20.032.040 - Packing and Processing.

"Packing and processing" means packing or processing of agricultural crops, animals and their byproducts which entails more than picking, cutting, sorting and boxing or crating, but does not include rendering, tanning, or reduction of meat. The following are packing and processing use types:

(A)

Packing and Processing—Limited. Packing or processing of crops grown on the premises;

(B)

Packing and Processing—Winery. Crushing of grapes and fermentation, storage, and bottling of wine from grapes grown on or off the premises. Said use type also includes tasting rooms in conjunction with a winery and breweries provided said tasting room occupies less than twenty-five percent (25%) of the floor space of the winery;

(C)

Packing and Processing—General. Packing or processing of crops, mineral water, animals or their byproducts regardless of where they were grown or found. Includes mineral water bottling plants;

(D)

Packing and Processing—Commercial Cooperage. Manufacture of wood vessels, such as barrels for storing and maturing wine, beer or other beverages, regardless whether the agricultural products stored are grown on or off the premises if it is established in connection with a winery operation on the premises.

(Ord. No. 3639 (part), adopted 1987; Ord. No. 3972 (part), adopted 1997)

Sec. 20.032.045 - Forest Production and Processing.

"Forest production and processing" refers to the production and byproduct process from growing to milling to sales of forest products. The following are forest production and processing use types:

(A)

Forest Production and Processing—Limited. Refers to the growing, harvesting, curing, milling, packaging, packing, shipping and selling of forest products, produced on the premises.

(B)

Forest Production and Processing—General. Refers to the growing, harvesting, curing, milling, packaging, packing, shipping, and selling of forest products regardless of where they are grown.

(C)

Forest Production and Processing—Commercial Woodlots. Refers to open or closed storage of firewood for wholesale or retail sales, regardless of where the firewood products are produced.

(D)

Forest Production and Processing—Portable Sawmills. Refers to the operation of small portable milling machines for production of rough-sawed lumber subject to the following limitations:

(1)

Logs or other material to be sawed may come from timber produced on the premises or imported from offsite sources;

(2)

Combined horsepower of all engines or motors used in the milling process shall not exceed seventy-five (75);

(3)

Planing or other remanufacturing of lumber shall not be allowed.

(4)

A maximum of three (3) workers/employees including the owner/operator;

(5)

Production shall not exceed three thousand (3,000) board feet in any day or thirty thousand (30,000) board feet in any month;

(6)

Milling machinery shall not be located closer than two hundred (200) feet from the nearest property line;

(7)

Log/lumber storage and similar uses accessory to the milling operation shall not be located closer than fifty (50) feet from the nearest property line;

(8)

All equipment and materials associated with the milling operation shall not be located closer than one hundred (100) feet from any Class I or Class II stream, and shall not be located within a one hundred-year (100-year) flood plain;

(9)

Minimum parcel size shall be ten (10) acres;

(10)

Maximum area encompassed by operation shall not exceed one (1) acre;

(11)

Maximum building area shall not exceed 5,000 square feet if the structure is pre-existing, and that any new building area shall be limited to 2,000 square feet as per cottage industries. Pre-existing (legal) facilities must pre-date July 1, 1999;

(12)

Noise created by the operation shall not exceed the levels specified in Appendix C.

(Ord. No. 3639 (part), adopted 1987; Ord. No. 4038 (part), adopted 1999)

CHAPTER 20.036 - EXTRACTIVE USE TYPES[[7]]

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. 4538, § 7(Exh. A), adopted September 10, 2024, repealed Ch. 20.036 and enacted a new Ch. 20.036 as set out herein and as may later be amended. Former Ch. 20.036 pertained to similar subject matter and derived from Ord. No. 3639, adopted 1987; Ord. No. 4446, adopted December 16, 2019; and Ord. No. 4451, adopted December 16, 2019.

Sec. 20.036.005 - General Description of Extractive Use Types.

Extractive use types include the on-site production of mineral products by extractive methods. They also include certain uses accessory to the above, as specified in Chapter 20.164, Accessory Use Regulations.

(Ord. No. 4538, § 7(Exh. A), 9-10-2024)

The mining and processing use type refers to places or plants primarily devoted to surface or subsurface mining of metallic and nonmetallic materials, geothermal development, oil or gas together with essential processing of only nonmetallic mineral products. Except where conducted within a Mineral Processing Combining District, and subject to the requirement for a use permit, all such processing shall be of a temporary nature and carried on in conjunction with, and only for the duration of a specific construction project (except that portable screening and crushing equipment need not be related to a specific construction project). The sale of additional materials may be allowed for other off-site uses where such materials do not exceed ten (10) percent of that volume specified for the primary construction project. Typical places or uses include borrow pits, gravel bars, rock quarries, oil and gas drilling rigs, or portable

crushing, screening, washing, mixing plants, and water extraction for bulk sale from either a well, spring, watercourse or any other source that is not a water district.

(Ord. No. 4538, § 7(Exh. A), 9-10-2024)