Mendocino County Municipal Code § 20.480.005 Purpose

To allow for the continued utilization of lawfully existing improvements and uses made nonconforming by the adoption of the Coastal Element of the Mendocino County General Plan and this Division, where the use is compatible with adjacent land uses and where it is not feasible to replace the activity with a conforming land use.

(A) A nonconforming use is a use of a structure or land which was lawfully established and maintained prior to the adoption of this Division but which does not conform with the use regulations for the zone in which it is located.

(B) A nonconforming structure is a structure which was lawfully erected prior to the effective date of the application of these regulations but which, under this Division, does not conform with the standards of yard spaces, height of structures, distance between structures, parking, etc., prescribed in the regulations for the zone in which the structure is located.

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

(A) A legal nonconforming use or structure may be continued if it conforms to the following criteria:

(1) If the existing use is contained within a structure built or modified to accommodate the existing use, conformance is required with the applicable building code and/or zoning code in effect at the time of construction or modification.

(2) The use must be compatible with adjacent land uses, such that its hours of operation, noise levels, aesthetic impacts, and traffic to the site do not now significantly adversely impact adjacent land uses.

(B) Routine maintenance and repairs may be performed on a nonconforming structure or site.

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

Existing legal nonconforming structures may be remodeled, rehabilitated or reconstructed as long as the exterior dimensions of the building remain the same.

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

(A) Whenever a structure containing an existing legal nonconforming use or legal nonconforming structure is destroyed or partially destroyed either voluntarily or involuntarily, the structure may be:

(1) Rebuilt to its previous dimensions and arrangement and utilized to the same extent prior to its destruction provided restoration is started within one (1) year and diligently pursued to completion, or

(2) Rebuilt, if the nonconforming structure is destroyed by involuntary means or forces out of control of the owner(s), provided it shall not exceed either the floor area, height, or bulk of the destroyed structure by more than ten (10) percent; shall be sited in the same location on the affected property as the destroyed structure except that no part of the ten (10) percent addition shall encroach further into the setback than the original structure; and further provided restoration is started within one (1) year and diligently pursued to completion, or

(3) Rebuilt or reconstructed under the State Historic Building Code or the Uniform Building Code if the structure is over one hundred (100) years old, or

(4) Expanded through the use permit process consistent with Section 20.480.025 and all other applicable policies of the Coastal Element and this Division. See Section 20.532.020 for exemptions.

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

(A) Existing legal nonconforming uses conforming with Section 20.480.010 may be expanded or reduced to a use of lesser intensity through the issuance of a Coastal Development Use Permit provided the following findings are made:

(1) That it is not reasonably economically or physically feasible to make the use of the property compatible with the applicable general plan designation; and

(2) That the use is, and, after expansion, will be compatible with adjacent land uses and that any increased adverse impacts on access or public facilities and services will be mitigated; and

(3) That the site is physically separate from surrounding properties such that continued nonconforming use is appropriate in that location; and

(4) The expansion is found consistent with all other applicable policies of the Coastal Element of the Mendocino County General Plan.

(B) A legal nonconforming mobile home may be replaced by a new mobile home without a use permit if no use permit was required for the original installation.

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

Nonconforming uses which do not conform to the type of uses designated on the map of the Coastal Element of the Mendocino County General Plan and which do not conform to the criteria listed in Section 20.480.025(A) should be encouraged to be discontinued or relocated to the zoning district where the use would be recognized as a permitted use.

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

Any use in existence by virtue of a use permit issued pursuant to zoning regulations previously in effect which use under this Division is not permissible may continue in existence but only as regulated by the provisions and terms of the existing use permit.

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

Whenever a nonconforming use has been abandoned or discontinued for any reason, or changed to a conforming use, for a continuous period of one (1) year, the nonconforming use shall not be re-established, and the use of the structures or site thereafter shall be in conformity with the regulations for the zone in which it is located.

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

None of the provisions of this Chapter restrict any authority to require modification or termination of any nonconformity which has been declared a nuisance by the Board of Supervisors.

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