Mendocino County Municipal Code § 20.604.020 Zoning Regulations Supersede Existing Zoning Code

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

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) This Division is adopted pursuant to Title 7 of the California Government Code and Division 20 of the California Public Resources Code to:

(1) Implement the Mendocino Town Plan geographical segment, as certified by the California Coastal Commission ("Coastal Commission"), of the Coastal Element of the Mendocino County General Plan;

(2) Prescribe land use regulations for the Town of Mendocino deemed necessary to preserve the community character of the Town;

(3) Allow for orderly growth, conservation of coastal resources, and public access to and along the coast by careful delineation of land uses, provision of community services, and review of applications for development;

(4) Protect Mendocino's status as a special community and a historical residential community, with significant coastal resources; and

(5) Supplement the regulations of Division II, as provided herein.

(B) It is the intent of this Board of Supervisors that the Town of Mendocino segment of the Mendocino County certified Local Coastal Program be carried out in a manner fully in conformity with the provisions of the California Coastal Act, as amended ("Coastal Act," Public Resources Code Section 30000 et seq.). The Town Local Coastal Program consists of:

(1) The Town Plan,

(2) The Town Land Use Map,

(3) The Town Zoning Code and other measures that implement the Town Plan, and

(4) The Town Zoning Map, as certified by the Coastal Commission.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

These regulations supersede the existing zoning regulations, as amended, of the County of Mendocino, for land which lies within the unincorporated area of the Town of Mendocino. If any provisions of these regulations should be determined to be inapplicable, the provisions of the Mendocino Town Plan shall continue to 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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) These regulations supersede the County of Mendocino zoning regulations, as amended and certified by the Coastal Commission through October 20, 2015, for land which lies within the Coastal Commission approved boundaries of the unincorporated area of the Town of Mendocino. The certified Town of Mendocino Zoning Map (Section 20.604.045, Figure 1 of the certified Town Zoning Code) illustrates and specifies these boundaries.

(B) If any provisions of these regulations should be determined to be inapplicable, all other provisions of these regulations and the provisions of the Mendocino Town Plan, as adopted by the Board of Supervisors and certified by the California Coastal Commission, shall continue to apply.

(C) Nothing in these regulations shall be construed as validating or legalizing any land use, building, or structure, or other development conducted, constructed, erected, performed, or maintained without all required County, State, or Federal authorization.

(Ord. No. 3915 (part), adopted 1995.)

To make effective a degree of zoning protection in the unincorporated Town of Mendocino, all kinds, locations, and intensities of use of land within a particular zoning district, or overlay combining district, as defined by this Division, which are not permitted by the regulations established herein for that zoning or overlay district are prohibited. Except as hereinafter otherwise provided:

(A) No building shall be erected and no existing building shall be moved, altered, or enlarged, except as provided in Chapter 20.716 of this Division.

(B) No land, building or premises shall 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 conditional use permit, in the zoning district in which such building, land, or premises is located, except as provided in Chapter 20.716 of this Division.

(C) No building shall be erected, reconstructed, or structurally altered, enlarged, or rebuilt, and no open space shall 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 20.716 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 site, 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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Nothing herein shall require any change in the plans, construction, or designated use of a building or structure for which (a) a coastal development permit has been issued by the County of Mendocino, by the California Coastal Zone State or Regional Coastal Zone Conservation Commissions, or by the California State or Regional Coastal Commissions prior to any certified amendment of this Division these regulations, provided that actual construction of such building or structure authorized by a coastal development permit issued by the County has commenced within one (1) year after the date of approval of the coastal development permit, (2) progress toward completion of the structure is continuous, and (3) a valid coastal development permit exists during the entire period of construction, or (b) no coastal development permit is required pursuant to the permit exemptions in Section 20.720.020 of this Code, California Coastal Commission Categorical Exclusion Order E-96-1, or any other applicable exclusions, and (c) 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. The Director of the Department of Planning and Building Services may extend the time period provided in Sec. 20.604.030(a) pursuant to the procedures established in Sec. 20.720.060. Actual construction is defined, for purposes of this Section, to be the 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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.604.030 to read as set out herein. Previously § 20.604.030 was titled "Completion of Existing Buildings."

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

(B) Where regulations overlap within this Division, or where regulations within Divisions of Title 20 overlap, the regulation which is most protective of coastal resources shall take precedence.

(C) Application and interpretation of the provisions of this Division shall be consistent with the certified Mendocino Town Plan and, as applicable pursuant to Public Resources Code Section 30604(c), the public access and recreation policies of Chapter 3 of the California Coastal Act, as amended. In interpreting and applying the provisions of this Division, the Mendocino Town Plan and Chapter 3 of the California Coastal Act shall further guide its interpretation. Pursuant to Public Resources Code Section 30625(c), decisions of the Coastal Commission, where applicable, shall guide the implementation and interpretation of this Division. The requirements of this Division 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 is imposed or required by other codes, chapters, rules, regulations, easement, covenants, or agreements, the provisions of this Division shall apply.

(E) Except as otherwise provided, the restrictions or provisions of this Division shall not be understood to be applied retroactively to any use or structure that has been legally established.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

The designation, location, and boundaries of the Zoning Districts in the Town of Mendocino shall be by written description or by delineation on the Town Zoning Map, which may hereafter be adopted or amended pursuant to Chapter 20.732 of this Division; provided, no amendment of the Town of Mendocino Zoning Map shall become effective unless it is certified by the California Coastal Commission pursuant to the Coastal Act. The certified Town of Mendocino Zoning Map and all notations, references, data, and other information shown thereon shall become a part of these regulations and subject thereto, and all such written descriptions and maps shall constitute Section 20.604.045 hereof.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.604.040 to read as set out herein. Previously § 20.604.040 was titled "Conflict Resolution."

This section consists of the Town of Mendocino Zoning Map and graphic depictions of real property within the unincorporated Town of Mendocino. The Town of Mendocino Zoning Map is hereby adopted and incorporated herein by reference as Figure 1 of the Town of Mendocino Zoning Code. Copies of the Town of Mendocino Zoning Map shall be maintained by the Clerk of the Board and by the Department of Planning and Building Services and shall be posted to the County web site at: http://www.co.mendocino.ca.us/planning/ZoningMaps.htm. (The Mendocino Town Zoning Map is reproduced for illustrative purposes in Figure 1 of Mendocino Town Zoning Code.)

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.604.045 to read as set out herein. Previously § 20.604.045 was titled "Zoning Maps."

Where uncertainty exists as to any boundary of any Zoning District shown on the Town of Mendocino Zoning Map, 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 or 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 pursuant to a coastal development permit, the area formerly in said street or alley shall be included within the Zoning District or Zoning Districts of the adjoining lot or lots of said vacated or abandoned street or alley, to the centerline of such street or alley.

(D) The purpose of parcels with split zoning is to provide a buffer between residential areas and more intense uses, such as the Commercial and Mixed Use Zoning Districts. Where a parcel is bisected by a Commercial/Town Residential or other Residential zoning district boundary, or Mixed Use/Town Residential or other Residential zoning district boundary, (1) the regulations of each district shall apply separately to that portion of the parcel lying in either district, (2) the zoning 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, and (3) the provisions or requirements of either district shall not apply to the entire parcel.

(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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

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, or phrase thereof would have been adopted irrespective of the fact that any one or more chapters, sections, subsections, paragraphs, clauses, or phrases be declared invalid or unconstitutional.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)