Mendocino County Municipal Code § 20.304.015 Applicability

This Division constitutes Division 11 of Title 20 of the Mendocino County Code and shall be known and cited as the "Mendocino County Coastal Zoning Code."

(Ord. No. 3785 (part), adopted 1991)

(A) This Division is adopted pursuant to Title 7 of the Government Code and Section 30500 et seq. of the California Public Resources Code to implement the Mendocino County Coastal Element of the Mendocino County General Plan.

(B) It is the intent of this Board of Supervisors that the Mendocino County Local Coastal Program be carried out in a manner fully in conformity with the provisions of the California Coastal Act (Public Resources Code Section 30000 et seq.).

(Ord. No. 3785 (part), adopted 1991)

These Zoning Regulations shall be applicable to all of the unincorporated areas of the Coastal Zone of Mendocino County. All development shall conform to all regulations applicable to the zone in which the land is located. No land, building, structure or premises shall be used for any purpose or in any manner other than as is permitted in the zone in which such land, building, structure or premises is located except as provided in Chapter 20.480 and Chapter 20.484 of this Division.

No development or any portion thereof which is outside the Coastal Zone as defined in this division shall be subject to the coastal development requirements of this Division.

This Division does not apply to the Town of Mendocino as delineated on Map 32 of the Coastal Element of the General Plan. The Town of Mendocino is regulated by Division III of Title 20 of the Mendocino County Code. The regulations of this Division shall apply to the Town of Mendocino only where Division III specifically applies any provisions of this Division.

(Ord. No. 3785 (part), adopted 1991)

These regulations supersede the existing zoning regulations, as amended, of the County of Mendocino, for land which lies within the unincorporated area of the Coastal Zone of Mendocino County. If any provisions of these regulations should be determined to be inapplicable, the provisions of the Coastal Element and Coastal Act shall apply. Nothing in these regulations shall be construed as validating or legalizing any land use or building or structure conducted, constructed, erected, or maintained in violation of any Federal, State or Mendocino County Code.

(Ord. No. 3785 (part), adopted 1991)

To make effective a degree of zoning protection in the unincorporated area of the Coastal Zone of Mendocino County, all uses of land within a particular zoning district as defined by this Division which are not permitted by the regulations herein for that zoning district (except those uses similar in scope and intensity pursuant to Section 20.312.015 to those uses cited as typical uses within Chapters 20.316 through 20.348, Use Types) are prohibited, except as otherwise provided in this section:

(A) No building shall be erected and no existing building shaft be moved, altered, added to or enlarged, nor shall any land, building or premises 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 zoning district in which such building, land or premises is located except as provided in Chapter 20.480 and Chapter 20.484 of this Division.

(B) No building shall be erected, reconstructed or structurally altered to exceed in height the limit designated in this Division for the zoning district in which such building is located except as provided in Chapter 20.480 of this Division.

(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 zoning district in which such building or open space is located except as provided in Chapter 20.480 of this Division.

(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 on the same building site, and no yard or other open space on one building site shall be considered as providing a yard or open space for a building on any other building site.

(Ord. No. 3785 (part), adopted 1991)

Nothing in this Division shall require any change in the plans, construction or designated use of a building or structure for which a coastal development permit has been issued by the County of Mendocino prior to any amendment of these regulations provided that actual construction of such building or structure is commenced within one (1) year after the date of issuance of the coastal permit and progress toward completion of the structure is continuous and a valid coastal development permit exists during the entire period of construction, and provided further, that such construction and proposed use of such building or structure is not, on the effective date of the ordinance codified in this Division, in violation of any other code or law. Actual construction is 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 preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction.

(Ord. No. 3785 (part), adopted 1991)

(A) Where conflict occurs between the regulations of this Division and any other regulations within the County, the policies of this Division shall control.

(B) Where regulations within this Division and between Divisions of Title 20 overlap, the policy which, on balance, is most protective of coastal resources shall take precedence.

(C) In interpreting and applying the provisions of this Division, the Mendocino County General Plan Coastal Element and Chapter 3 of the California Coastal Act (Public Resources Code Sections 30210 through 30263) shall guide its interpretation, and the requirements shall be held to be the minimum requirements for the promotion and protection of the public safety, health and the general welfare.

(D) It is not intended that this Division shall interfere with, 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 codes, chapters, rules, regulations, easements, covenants, or agreements, the provisions of this Division shall apply.

(Ord. No. 3785 (part), adopted 1991)

This section consists of zoning maps and written legal descriptions of property within the unincorporated area of the Mendocino Coastal Zone. Said maps are hereby adopted and incorporated herein by reference. Copies of said maps shall be maintained by the Clerk of the Board and by the Department of Planning and Building Services.

(Ord. No. 3785 (part), adopted 1991)

Where uncertainty exists as to the boundaries of any district shown on the zoning maps, the Coastal Permit Administrator shall apply the following rules to resolve such uncertainty:

(A) Where zoning district boundaries approximately follow lot, alley, or street lines, such lot lines and street and alley centerlines shall be construed as the district boundaries;

(B) If a zoning district boundary divides a lot, and the boundary line location is not otherwise designated or described, the location of the boundary shall be determined by use of scale appearing on the Zoning Map;

(C) Where a public street or alley is officially vacated or abandoned, the property formerly in said street or alley shall be included within the district or districts of the adjoining property of said vacated or abandoned street or alley centerline.

(D) Where a parcel is bisected by a Commercial/Residential or Rural Village/Residential zoning district boundary and or the Coastal Zone Boundary, the regulations of each district shall apply separately to that portion of the parcel lying in either district, and

(1) It shall not be construed that the provisions or requirements of either district apply to the entire parcel.

(2) The district boundary shall be considered a de facto parcel line for the purposes of determining setbacks, lot coverage and other development regulations of this division.

(E) Where further uncertainty exists, the Planning Commission, upon written request or on its own motion, shall determine the location of the boundary in question, giving due consideration to the location indicated on the zoning map and the purposes set forth in the base zone district regulations.

(Ord. No. 3785 (part), adopted 1991)

If any chapter, section, subsection, paragraph, sentence, clause or phrase of this Division, which is reasonably separate 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 or phrase thereof would have been adopted irrespective of the fact that any one or more chapters, sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 3785 (part), adopted 1991)