Mendocino County Municipal Code § 20.444.020 Corridor Preservation Setback

The regulations specified in this Division shall be subject to the following general provisions and exceptions.

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

When any ownership is comprised of a single lot which has been legally created and is subsequently zoned to a minimum parcel size larger than the existing parcel, said lot shall not be subject to requirements for variance to minimum lot size.

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

(A) No yard or other open space provided about any building for the purpose of complying with the regulations of this Division shall be considered as providing a yard or open space for any other building or structure.

(B) In any case where a setback line and plan line has been established, the required yards on the street frontage of lots shall be measured in accordance with such lines, and in no case shall the provisions of this Division be construed as permitting any structure to extend beyond such lines.

(C) If a roadway easement or access easement serves, or has the potential to serve, more than four (4) lots or parcels, said easement shall be considered a street for the purpose of establishing a front-yard setback or corridor preservation setback.

(D) Eaves, canopies, and similar roof features may overhang into any required yard setback a distance not exceeding two (2) feet.

(E) Fences in rear or side yards not having street frontage may not exceed eight (8) feet (Fences over six feet require building permits). Fences and hedges in front yards and any rear or side yards having street frontage, where vehicle access is maintained, may not exceed three and one-half (3½) feet. The above fence height limitations shall apply to view obstructing fences such as board fences and picket fences. Fences for the containment of animals, such as barbed wire, chicken wire, hog wire, and similar loose-meshed wire fences or non-view-obscuring fences such as cyclone fences shall not be subject to the above fence height restrictions.

(F) A detached garage, detached storage shed, or similar detached accessory building not exceeding fifteen (15) feet in height at the ridge and five hundred (500) square feet of floor area or uncovered decks or porches shall observe a five (5) foot setback from rear property lines that do not have street frontage. Setbacks from property lines having street frontage shall be as otherwise required by this Division.

(G) Barns, stables, chicken houses and similar accessory buildings shall be not less than fifty (50) feet from any property line, and not less than forty (40) feet from any dwelling, except as otherwise provided under Section 20.336.030 (Light Agriculture).

(H) In the case of a corner lot in any district, front yard setbacks shall be maintained from all lot lines having street frontage. Side yard setbacks shall be maintained from all other lot lines not having street frontage.

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

There is hereby established a corridor preservation setback. A corridor preservation setback shall apply to all lots or parcels that abut a publicly maintained street or highway. A corridor preservation setback shall be in addition to front yard setbacks prescribed elsewhere in this Division and shall apply in districts that prescribe no front-yard setback. Corridor preservation setbacks shall be measured perpendicular from the center line of the existing right-of-way of record or, where no recorded right-of-way exists, from the center of the physical road. Corridor preservation setbacks shall be as follows:

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

(A) Radio and television aerials and antennae, and similar utility structures and necessary mechanical appurtenances may be built and used to a height not more than twenty-five (25) feet above the height limit established for the district in which the structures are located, provided, however, that no such structure in excess of the allowable building height shall be used for any commercial or advertising purposes. Wind generators and their associated towers, air emission towers and smoke stacks may be built and used to a height of one hundred (100) feet as measured from the ground to the highest point of the system consistent with environmental constraints and in conformance with all applicable regulations of this Division.

(B) Additional heights for public utility structures may be permitted upon approval by the Planning Commission. Height limitations provided herein shall not apply to electric transmission lines and towers designed and installed by a public utility under the regulations of the California Public Utilities Commission.

(C) The above height limitations shall be subject to laws and regulations of the State and Federal Governments. And in no case may the height of any of the above structures exceed the airport height restrictions set forth in the AH Combining District.

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

Density transfers within a land use designation on an ownership may be allowed provided that the proposed development satisfies all requirements of the Coastal Element and this Division, but density transfers between land use designations on an adjacent parcel under the same ownership shall be allowed only as follows: Once the density rights are used, there shall be no further development or division. A deed restriction extinguishing the transfer development potential on the donor parcel shall be recorded on the title to the donor parcel prior to and as a condition to the issuance of a use permit to transfer any development rights.

Density transfers shall be allowed only as follows:

The transfers authorized by this section are limited to use types authorized for the zone in which the receiving parcel is located.

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

Upon issuance of a Coastal Development Permit, in accordance with Chapter 20.532, Supportive and Transitional Housing shall be permitted and held to the same development standards as any other like-type residential use in the same zoning district provided:

1. Supportive Housing is linked to on or off site services to assist the occupant(s) in retaining housing, improving his/ her health status and maximizing his/ her ability to live and work in the community, as defined in Section 50675.14 of the California Health and Safety Code, without limits on length of stay.

2. Transitional Housing is rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted-living unit to another eligible occupant at some predetermined future point in time, which shall be no less than six (6) months and no more than twenty four (24) months, as defined in Section 50675.2 of the California Health and Safety Code.

(Ord. No. 4365, § 3, 9-13-2016)