Mendocino County Municipal Code Ch. 20.716 Nonconforming Uses and Structures

To allow for the continued utilization of lawfully existing improvements and any uses made nonconforming by the adoption of the Mendocino Town Plan (Chapter 4.13 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 use or activity with a conforming land use. Development that occurred after the effective date of the Coastal Act or its predecessor, the Coastal Zone Conservation Act, if applicable, that was not authorized in a coastal permit or otherwise authorized under the Coastal Act, is not lawfully established or lawfully authorized development, is not subject to the provisions of Chapter 20.716 but is subject to the provisions of Chapter 20.720. (Coastal Development Permit Regulations).

(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 Zoning District 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, and parking, as prescribed in the regulations for the Zoning District in which the structure is located.

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

(Ord. No. 4395, § 2, 11-17-2017)

(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 and from the site do not now significantly adversely impact adjacent land uses.

(3) Nonconforming uses shall not be expanded nor intensified.

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

(1) However, replacement of fifty (50) percent or more of the nonconforming structure is not repair and maintenance but instead constitutes a replacement structure that must be brought into conformance with the policies and standards of the LCP.

(2) Improvements which enlarge and/or expand a legal nonconforming structure, including additions, may be authorized, provided that the additions and/or improvements themselves comply with the current policies and standards of the LCP. However, improvements involving demolition and/or replacement of fifty (50) percent or more of the existing structure, are not permitted unless the entire structure is brought into conformance with all applicable LCP policies.

(C) Public gatherings or outdoor festivals that have historically and repeatedly taken place in a permanent structure or on existing facilities within the Town are not subject to the license requirements contained in Chapter 6.16 of the Mendocino County Code.

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

(Ord. No. 4395, § 2, 11-17-2017)

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

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

(Ord. No. 4395, § 2, 11-17-2017)

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

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

(2) Rebuilt or reconstructed under the State Historic Building Code or the Uniform Building Code, if the structure was over one hundred (100) years old on the date it was destroyed.

(3) If a nonconforming use or structure is destroyed by natural disaster, no coastal development permit is required if replacement occurs consistent with Section 20.720.020(A(5).

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

(Ord. No. 4395, § 2, 11-17-2017)

Nonconforming uses which do not conform to the type(s) of uses that are permitted or conditionally permitted in the land use classifications designated on the Mendocino Town Plan Land Use Map should be encouraged to be discontinued or relocated to the zoning district where the use would be recognized as a permitted use.

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

(Ord. No. 4395, § 2, 11-17-2017)

Any use in existence by virtue of a use permit issued pursuant to zoning regulations that were in effect prior to January 1, 2016, which use under this Division as amended is not permissible, may continue in existence but only as regulated by the provisions and terms of the existing use permit.

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

(Ord. No. 4395, § 2, 11-17-2017)

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 reestablished, and the use of the structures or site thereafter shall be in conformity with the regulations for the Zoning District in which it is located.

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

(Ord. No. 4395, § 2, 11-17-2017)

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

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