Zoning Compliance: RL1601 - Rangeland District - 160 acre minimum lot size. Maximum dwelling density is one dwelling per 160 acres. As the lot is smaller than the 160 acre minimum and was created prior to the implementation of the RL160 zoning district it is considered legal, non-conforming. This district is intended to create and preserve areas for, (A) the grazing of livestock, (B) the production and harvest of natural resources, and (C) the protection of such natural resources as watershed lands from fire, pollution, erosion, and other detrimental effects. Processing of products produced on the premises would be permitted as would certain commercial activities associated with crop and animal raising. Typically the R-L District would be applied to lands for incorporation into Type II Agricultural Preserves, other lands generally in range use, and intermixed smaller parcels and other contiguous lands, the inclusion of which is necessary for the protection and efficient management of rangelands. (Ord. No. 3639 (part), adopted 1987) A single family residence is among the permitted uses. Accessory structures and an accessory dwelling unit are also permitted uses.
Zoning compliance is legal, non-conforming and has been grandfathered. Improvements, as proposed, are a legal, permitted and conforming use. The parcel cannot be further subdivided into smaller lots. The current improvements are reasonably typical for the area and represent highest and best use. Clients often ask the appraiser to provide an opinion as to whether or not any improvments can be rebuilt when zoning compliance is listed as legal, non-conforming. Please note that only the Mendocino County Planning and Building Department can make a definitive statement as they are the controlling authority. The subject's improvements are a conforming use, the parcel size is smaller than the minimum lot size under the the applicable zoning district. It has been grandfathered and is considered a legal lot. The information below is from the County's planning and building department website. The appraiser believes the improvements can be rebuilt if destroyed but makes no guarantees or warranties whatsoever. If client needs a rebuild letter, the property owner can request this service from the Ukiah office of the Mendocino County Planning and Building Department. There is typically a fee for such a letter.
Division I of Title 20--Inland Zoning Code (Mendocino County)
Sec. 20.204.015 Restoration of Damaged Structures.
(A) Whenever a structure, the use of which does not conform with the regulations for the zone in which it is located or a structure which does not comply with the standards of yard spaces, height of structures, distances between structures, parking, etc., prescribed in the regulations for the zone in which the structure is located shall be destroyed by fire or other calamity or by act of God or by the public enemy, the structure may be restored and the nonconforming use may be resumed provided restoration is started within one (1) year and diligently pursued to completion.
(B) Whenever a structure, the use of which does not conform with the regulations for the zone in which it is located, or a structure which does not comply with the standards of yard spaces, height of structures, distance between structures, parking, etc., prescribed in the regulations for the zone in which it is located shall be voluntarily razed, the structure shall not be restored except in full conformity with the regulations of the zone in which it is located, and the nonconforming use shall not be resumed. (Ord. No. 3639 (part), adopted 1987)
