Mendocino County Municipal Code Ch. 20.456 Accessory Use Regulations

It is the intent of this Chapter to establish the relation among the principal and accessory uses and the criteria for regulating accessory uses.

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

(A) In addition to the principal permitted uses expressly included in the zoning districts such use types shall be deemed to include such accessory uses which are specifically identified by these Accessory Use Regulations; and such other accessory uses which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such principal permitted uses. When provided by these regulations, it shall be the responsibility of the Director to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal permitted use, based on the Director's evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal permitted uses and the relationship between the proposed accessory use and the principal use. Accessory uses shall not include manufacturing, processing or transportation of flammable, explosive, toxic or other hazardous materials. Such determinations which are made by the Director may be appealed pursuant to the administrative appeal procedure commencing at Chapter 20.544.

(B) An accessory structure may be constructed prior to the construction of a dwelling on the premises. An accessory structure shall not be used for temporary or permanent occupancy as a residence, without compliance with Section 20.460.025 (Construction Support). Accessory uses and structures shall be subject to the provisions of Chapter 20.532 (Permit Regulations) and where applicable Chapter 20.504 (Visual Resource and Special Treatment Areas).

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

Subject to the restrictions and limitations of this Chapter, including the granting of a Coastal Development Permit, where applicable, the following accessory buildings and uses shall be permitted in all zoning districts which allow a single-family residence:

(A) Private garages.

(B) Children's playhouse, patios, porches, gazebos, etc.

(C) Windmills.

(D) Shops (non-business purposes).

(E) Barns.

(F) Private swimming pools and hot tubs (not subject to setback requirements in the side or rear yards of any district).

(G) Accessory Living Unit. Not more than one (1) guest cottage or detached bedroom may be permitted on each legal parcel. An ADU and/or a JADU may also be permitted, subject to the limitations established in Chapter 20.458.

(H) Room and Board. The renting of not more than one (1) room for occupancy by transient guests for compensation or profit, except on properties with an ADU and/or a JADU where such use shall be prohibited.

(I) Day care center, family care home, or school, for six (6) or less persons.

(J) Travel Trailer or Camper. The maintaining of one (1) travel trailer or camper in dead storage where it is not used for occupancy or business purposes. All stored travel trailers or campers in excess of one (1) shall be stored out of sight from a public right-of-way. The connection, for any continuous period exceeding forty-eight (48) hours, of any utility or service such as electrical, water, gas or sewage to the travel trailer or camper shall be prima facie evidence that it is being used for habitation or business purposes.

(K) Home Occupations. Subject to Chapter 20.448.

(L) Household Pets. The keeping of dogs and cats and other household pets, but not including kennels.

(M) Accessory Parking.

(1) The parking of one (1) large vehicle or construction equipment upon private property forty thousand (40,000) square feet or less in size.

(2) The parking of two (2) large vehicles or construction equipment upon private property greater than forty thousand (40,000) square feet but less than five (5) acres.

(3) The parking of three (3) large vehicles or construction equipment upon private property in excess of five (5) acres.

(4) Nothing in this subsection shall restrict the number of vehicles or construction equipment used by the property owner for their own agricultural o: home use.

As used in this subsection "large vehicle" shall mean vehicles of three-ton tare (unladen weight).

(N) Public Access. The offer to dedicate and acceptance of a dedication for an accessway except that the construction of a public access trail and/or construction of a staircase accessway on a bluff face (as determined by the Department of Planning and Building Services) will require a Coastal Development Use Permit.

(O) Other Necessary and Customary Uses. Accessory non-residential uses and non-residential structures, in addition to those identified above, which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to a principal permitted use, as determined by the Director of Planning and Building Services.

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

(Ord. No. 4497, § 7, 11-9-2021)

(A) Public Access. The offer to dedicate, acceptance of a dedication or construction of a public access trail except that the construction of a staircase accessway on a bluff face (as determined by the Department of Planning and Building Services) will require a use permit.

(B) Accessory structures and uses necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal civic, commercial, industrial or extractive uses shall be permitted where these use types are permitted.

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