Mendocino County Municipal Code Ch. 20.704 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. 3915 (part), adopted 1995.)

(A) In addition to the principal uses expressly included in the zoning districts, each use type shall be deemed to include (1) accessory uses which are specifically identified by these Accessory Use Regulations, and (2) such other accessory uses which are necessarily and customarily associated with, and are appropriate for, incidental to, and subordinate to, such principal 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 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 uses, and the relationship between the proposed accessory use and the principal use. Accessory uses shall not include manufacturing, processing, or transportation of flammable, combustible, explosive, toxic, or other hazardous materials. The determinations made by the Director shall be subject to the administrative appeal procedure established by Chapter 20.728.

(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 20.708.025(B) (Construction Support). Accessory uses and structures shall be subject to the provisions of Chapter 20.720 (Coastal Development Permit Regulations), as those regulations apply to the principal use to which they are accessory.

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

(Ord. No. 4395, § 2, 11-17-2017)

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 playhouses, patios, porches, gazebos, and similar structures.

(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 zoning district).

(G) Accessory Living Unit. Not more than one (1) accessory living unit on each legal parcel (lot).

(H) Day care home — Small Family, family care home, or school as provided for within the California Health and Safety Code.

(I) Travel Trailer or Camper. Maintaining one (1) travel trailer or camper in dead storage, where it is not used for occupancy or business purposes, and only when authorized pursuant to Section 20.760.045. 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.

(J) Home Occupations. Subject to Chapter 20.696.

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

(L) Accessory Parking. When authorized pursuant to Section 20.760.045, the following may be allowed:

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

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

(3) The parking of three (3) large vehicle or construction equipment upon private real property five (5) acres or larger.

(4) Nothing in this subsection shall restrict the number of vehicles or construction equipment used by the property owner, lessee, or tenant for his or her own agricultural or home use.

As used in this subsection "large vehicle" shall mean any vehicle of three (3) ton tare (unladen weight).

(M) Public Access Offer To Dedicate. The offer by an owner of private real property to dedicate, and the acceptance by the County, another public agency, or a non-profit organization of an easement, deed restriction, or other device for a public access way in the coastal zone consistent with the Mendocino Town Local Coastal Program, provided that construction of a public access trail or path, and construction of a staircase access way on a bluff face (as determined pursuant to Chapter 20.714) shall require a Coastal Development Permit.

(N) 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 for, incidental to, and subordinate to the principal use, as determined by the Director.

(O) Day Care Home — Large Family. A home providing day care for children under eighteen (18) years of age, but excluding overnight care. The number of children permitted shall be based on provisions of the California Health and Safety Code. The facility shall be reviewed to assess impacts such as traffic and pedestrian safety, adequate sanitation facilities, Fire Safe standards, and neighborhood compatibility. Development of such facilities shall be permitted in all zoning districts, subject to a coastal development minor use permit.

Notice of a pending permit for such facility shall be provided per the California Health and Safety Code and conditions may be imposed to provide consistency with pertinent sections of this Division.

(P) Second Residential Dwelling Unit with any primary family dwelling unit, subordinate in size and scale, in keeping with the existing pattern of development.

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

(Ord. No. 4395, § 2, 11-17-2017)

(A) Public Access Offer To Dedicate. The offer by an owner of private real property to dedicate, and the acceptance by the County, another public agency, or a non-profit organization of an easement, deed restriction, or other device for a public access way in the coastal zone consistent with the Mendocino Town Local Coastal Program, provided that construction of a public access trail or path, and construction of a staircase access way on a bluff face (as determined pursuant to Chapter 20.714) shall require a Coastal Development Permit.

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

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

(Ord. No. 4395, § 2, 11-17-2017)