This Division shall be known and cited as the "Mendocino County Zoning Code—Division I."

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

There is adopted a Zoning Enabling Plan for the County of Mendocino, exclusive of those areas within the Coastal Zone.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

This Division is adopted to protect and promote the public health, safety, morals, peace, comfort, convenience, prosperity and general welfare; and further, the purpose of this Division is to prescribe land use regulations and a zoning plan for the County of Mendocino deemed necessary to promote forestry and agriculture; to provide open space for light and air and to prevent and fight fires and other hazards; to prevent undue dispersion or concentration of population; to promote orderly community development; to lessen congestion of streets and highways; and to facilitate adequate provisions for community utilities such as transportation, schools, parks and other public requirements.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

This Division is intended to be in harmony with the Mendocino County General Plan and any area plans adopted pursuant thereto. Future amendments of these plans shall be reflected in amendments of the Zoning Code, and future amendments to the Mendocino County Zoning Code—Division I shall only be made in conformity with the General Plan and adopted area plans.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

The Board of Supervisors finds that agriculture is a major industry of the County and that for the protection of agriculture and in order to prevent further encroachment upon it by incompatible uses of property and for the general welfare of the County as a whole, there are created zone classifications within which agriculture shall be encouraged to the exclusion of such other uses of land as may be in conflict therewith. Therefore, the provisions of this Division shall be liberally interpreted, insofar as they apply to agricultural pursuits and services, and shall not be deemed or construed to permit interference with any normal accessory use conducted in conjunction therewith. It is the intention of this Division to provide maximum protection to existing and future agricultural enterprises and to encourage the highest and best use of the lands so classified for agricultural purposes, including the necessary residential, recreational, educational, public utilities and other similar uses necessary and incidental thereto.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

The Board of Supervisors declares that the regulations of this Division are intended to apply to all properties within the unincorporated area of the County, exclusive of those areas known as the Coastal Zone.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

(A)

Where conflict occurs between the regulations of this Division and any building code or other regulations within the County, the more restrictive of any such regulations shall apply.

(B)

In interpreting and applying the provisions of this Division, unless otherwise stated, requirements shall be held to be the minimum requirements for the promotion and protection of the public safety, health and the general welfare.

(C)

It is not intended that this Division shall interfere with or abrogate or annul any easements, covenants or other agreements now in effect; provided, however, that where this Division imposes a greater restriction than are imposed or required by other ordinances, articles, chapters rules or regulations, or by easements, covenants, or agreements, the provisions of this Division shall apply except in the case of a development agreement entered into pursuant to Government Code Sections 65864 through 65869.5.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

Nothing herein shall require any change in the plans, construction or designated use of a building or structure for which a building permit has been issued prior to the effective date of the ordinance codified in this Division or any amendment of these regulations, provided that actual construction of such building or structure is commenced within six (6) months after the date of issuance of the building permit and is completed within one (1) year from the effective date of such amendment, and 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. Actual construction is hereby defined for purposes of this Section, to be the actual 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 begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

To make effective a degree of zoning protection in the unincorporated area of the County, all uses of land within a particular district as defined by this Division (except those uses similar in scope and intensity to those uses cited as typical uses within Chapters 20.016 through 20.036) which are not permitted by the regulations established herein for that district are prohibited.

Except as hereinafter otherwise provided:

(A)

No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises to 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 use permit, in the district in which such building, land or premises is located.

(B)

No building shall be erected, reconstructed or structurally altered to exceed in height the limit designated in this Division for the districts in which such building is located.

(C)

No building shall be erected, nor shall any existing building be altered, enlarged or rebuilt, nor shall any open space 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 district in which such building or open space is located.

(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, 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. 4538, § 1(Exh. A), 9-10-2024)

For parcels that are split between two (2) zoning districts, the zoning district boundary shall be treated as a parcel line and the regulations of each district apply to the portion of the lot within each zoning district.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)

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 and phrase thereof would have been adopted irrespective of the fact that any one (1) or more sections, subsections, paragraphs, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 4538, § 1(Exh. A), 9-10-2024)