Mariposa County Zoning Code

Title 17 Zoning 17.04 Purpose, Adoption And Compliance With Ordinance 17.08 General Provisions 17.12 Town Planning Area (TPA) 17.16 Rural Residential Zone (RRZ) 17.20 Mountain Home Zone (MHZ) 17.24 Mountain Transition Zone (MTZ) 17.28 Mountain General Zone (MGZ) 17.32 General Forest Zone (GFZ) 17.36 Mountain Preserve Zone (MPZ) 17.40 Agriculture Exclusive Zone (AEZ) 17.44 Timber Exclusive Zone (TEZ) 17.48 Industrial Mining Zone (IMZ) 17.52 Public Domain Zone (PDZ) 17.56 Public Sites Zones (PSZ) 17.60 Open Watershed Overlay (OWO) 17.64 Airport Overlay (APO) 17.65 Scenic Highway Overlay (SHO) 17.66 Design Review Overlay (DRO) 17.67 Historic Design Review Overlay (HDRO) 17.68 Residential Exclusive Overly One (REO-1) 17.72 Residential Exclusive Overlay Two (REO-2) 17.76 Neighborhood Commercial Zone-1 (INDOOR) CN-1 17.80 Neighborhood Commercial Zone-2, (Indoor And Outdoor) CN-2 17.82 Business District Overlay (BDO) 17.84 Commercial-Industrial-Manufacturing Plan FOR CG-1, CG-2, CR, M-1, AND M-2 17.88 General Commercial Zone-1 (CG-1) 17.92 General Commercial Zone-2 (CG-2) 17.96 Resort Commercial Zone (CR) 17.100 Light Manufacturing And Industrial Zone-1 (M-1) 17.104 Heavy Manufacturing And Industrial Zone-2 (M-2) 17.106 Yosemite West Mixed-Use Zone (YWMU) 17.108 Supplementary Standards 17.112 Conditional Use Permits 17.114 Administrative Use Permits 17.116 Use Permits Determinations 17.120 Variances 17.124 Development Agreements 17.128 Amendments 17.132 Public Hearings 17.136 Appeals 17.140 Revocations 17.144 Enforcement 17.146 Reasonable Accommodation 17.148 Definitions 17.04 Purpose, Adoption And Compliance With Ordinance 17.04.010 Purpose Of Zoning Ordinance 17.04.020 Adoption Of Zoning Ordinance 17.04.030 Establishment Of Zoning Districts 17.04.035 Zoning Maps 17.04.040 Interpretation Of Land Use Zone Boundaries 17.04.050 Compliance With Ordinance 17.04.060 Severability 17.04.010 Purpose Of Zoning Ordinance

The purpose of this zoning ordinance is to:

1. Implement the Countywide General Plan and all specific plans;

2. Establish principal zones within the boundaries of Mariposa county;

3. Establish the basic regulations governing the use of land, buildings or structures;

4. Establish parcel or lot size;

5. Establish improvement standards;

6. Provide a guide for the growth and development of the county of Mariposa in accordance with the Countywide General Plan and all specific plans;

7. Secure for the citizens of Mariposa county, the advantages resulting from the orderly planned use of its land resources; to prevent the overburdening of land, and to avoid excessive concentration of population;

8. Protect and enhance the quality of life in Mariposa county;

9. Promote the stability of existing land uses and to protect them from incompatible and harmful intrusions.

HISTORY

Repealed & Reenacted by Ord. 704 Sec. I on 3/8/1988

The Mariposa county zoning ordinance as set forth in this title is hereby adopted pursuant to section 11 of Article XI of the Constitution of the State of California and in compliance with Title 7, Division 1, Chapter 4, commencing with section 65800 of the Government Code and is supplemental to the provisions thereof.

HISTORY

Repealed & Reenacted by Ord. 704 Sec. I on 3/8/1988

17.04.030 Establishment Of Zoning Districts

In order to regulate the use of land, buildings, and structures and establish minimum parcel sizes, the following principal zone districts and combining zone districts are established:

1. Principal Zone Districts

   1. Special Planning Districts

   • --- TPA Town Planning Area

   • 2. Residential Districts --- RR Rural Residential --- MH Mountain Home --- MT Mountain Transition --- MG Mountain General
   • 3. Resource Districts --- GF General Forest --- MP Mountain Preserve --- AE Agricultural Exclusive --- IM Industrial Mining --- PD Public Domain --- PS Public Sites
   4. Commercial Districts
   • --- CN-1 Neighborhood Commercial-1 (Indoor) --- CN-2 Neighborhood Commercial-2 (Indoor and Outdoor) --- CG-1 General Commercial-1 --- CG-2 General Commercial-2 --- CR Resort Commercial
   5. Manufacturing and Industrial Districts

--- M-1 Light Manufacturing and Industrial-1 --- M-2 Heavy Manufacturing and Industrial-2

2. Combining Zone Districts (Also referred to as Overlay Zone Districts)

   1. TE Timber Exclusive

   2. OWO Open Watershed Overlay

   3. APO Airport Overlay

   4. REO-1 Residential Exclusive Overlay-1

   5. REO-2 Residential Exclusive Overlay-2

   6. DRO Design Review Overlay

   7. HDRO Historic Design Review Overlay

   8. SHO Scenic Highway Overlay

3. Every lot or parcel of land, or portion thereof, shall be classified in only one (1) of the principal zone districts established by this section. However, in addition to being classified in a principal zone district, a lot or parcel of land, or portion thereof, may be classified in one (1) or more of the combining zone districts. For a lot or parcel of land, or portion thereof, classified in a combining zone district, the specific policies, standards, and regulations of the principal zone district shall be modified in accordance with the specific policies, standards, and regulations of the combining zone district.

4. Zones established by this title which are not part of the existing Mariposa County General Plan shall require amendments to that plan in accordance with Chapter 17.128 of this title in order to implement their provisions.

5. Coulterville and Fish Camp Town Planning Areas. All zoning regulations in the town planning areas of Coulterville and Fish Camp, including but not limited to, the land use classifications, the land use policies and standards, the development standards, regulations and restrictions, and procedural requirements shall be consistent with the specific plans adopted for these town planning areas.

HISTORY

Adopted by Ord. 753 Sec.1 on 9/19/1989

Amended by Ord. 912 Sec. II on 1/7/1997 Amended by Ord. 951 Sec. 1 on 8/31/2000

A series of maps, known as the Mariposa County Zoning Maps, shall be established to show the designations and boundaries of each zone district in Mariposa county. A series of maps, known as Town Planning Area Specific Plan Maps, may be utilized to show certain districts or areas in more detail or in a different arrangement than shown on the official zoning maps. The specific plan maps shall define the land use boundaries established by the specific plan. These referenced specific plan maps shall include those of the Coulterville Town Planning Area, the Fish Camp Town Planning Area, the Mariposa Town Planning Area, and the Wawona Town Planning Area specific plans. The official zoning maps and specific plan maps and all notations, references, and other information shown thereon are included by reference as part of this title as though they were all fully described and set forth herein. The zoning maps and specific plan maps shall be maintained by the Mariposa County planning department and shall be available for public review and purchase.

HISTORY

Adopted by Ord. 753 Sec. 2 on 9/19/1989

Amended by Ord. 951 Sec. 1 on 8/31/2000

17.04.040 Interpretation Of Land Use Zone Boundaries

Where uncertainty exists as to the boundaries of any zone as adopted and made a part hereof, the planning director, upon written application or upon its own motion, shall determine the location of such boundaries by reference to the General Plan.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

Amended by Ord. 912 Sec. II on 1/7/1997

Except as may otherwise be specifically provided, all land uses shall be in compliance with this title as follows:

1. No site, building or structure shall be erected, altered, enlarged, used, or be designated to be used for any purpose other than those uses and purposes included in this title.

2. No deed or conveyance of any portion of a parcel or lot shall be made which reduces the dimensions of the parcel or lot, minimum setbacks, off-street parking, or other minimum requirements applicable to the site and use below the minimum requirements of this title.

3. Uses listed as permitted within any zone may be established provided all other applicable county code requirements are adhered to.

4. No use listed as prohibited shall be permitted under any circumstances on a subject parcel of land unless said use is legally existing prior to application of use regulations of this title.

5. General terms: For the purposes of this title, and when not inconsistent with the context:

   1. Words used herein in the present tense include the future.

   2. Words in the singular number include the plural, and words in the plural number include the singular.

   3. The word "occupied" includes designed or intended to be occupied.

   4. The word "shall" is mandatory.

   5. The word "used" includes designed or intended to be put to use. 6. The word "days" shall mean calendar days.

6. Application of terms. Within this title specific words, terms and phrases shall have meanings ascribed in this title. Specific definitions which appear in Chapter 17.64 of this title shall be limited, with respect to effect, to that chapter.

7. Interpretation of terms and phrases. Where ambiguity or conflict appears to exist in the use of certain terms, words or phrases as defined in this chapter or elsewhere in this title, the planning director shall resolve the conflict or ambiguity in accordance with the provisions of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.04.060 Severability

If any section, subsection, sentence, clause or phrase of this title is, for any reason, held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this title. The board of supervisors of Mariposa county hereby declares that it would have passed this title and each section, subsection, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.08 General Provisions

17.08.010 Consistency With General Plan And Specific Plans (Reserved) 17.08.020 Nonconforming Uses

17.08.030 Relation To Previous Regulations

17.08.040 Application 17.08.050 Fees 17.08.060 Completeness Of Applications 17.08.070 Planning Commission

17.08.080 Burden Of Proof 17.08.090 Site Plans Required 17.08.100 Approval Or Disapproval 17.08.110 Resubmittal Of Application

17.08.120 Interpretation By The Planning Director 17.08.130 Notice To County Assessor And Owner 17.08.140 Single Family Dwelling Site Plans 17.08.150 Commercial, Industrial, Or Multi-Family Dwelling Site Plans 17.08.160 Site Plan Processing Procedures 17.08.170 Permit Time Limits 17.08.180 Extension Of Time 17.08.190 Project Completion 17.08.200 Applications Deemed Approved 17.08.210 Concurrent Processing

17.08.010 Consistency With General Plan And Specific Plans (Reserved)

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Repealed by Ord. 912 Sec. II on 1/7/1997

17.08.020 Nonconforming Uses

Any use which was legally established in accordance with the then existing policies, provisions, regulations or zoning code, but which does not conform to the provisions of this title, shall be deemed a nonconforming use.

1. A nonconforming use established prior to the effective date of this title, or prior to any subsequent amendment which creates such nonconformity, may be continued, expanded and maintained, including necessary repairs, consistent with the provisions of this section. Continuation of a nonconforming use may include a change of ownership, tenancy or management where the previous line of business or other function is substantially unchanged.

2. Nonconforming uses may be expanded through a planning director approval of a site plan application processed in conformance with sections 17.08.140, 17.08.150, 17.08.160 and the notice requirements of section 17.132.020 of this title. However, under no circumstances shall the expansion exceed a fifty percent (50%) increase in square footage. Notwithstanding anything to the contrary contained herein, if a proposed expansion would result in increasing the number of units which are available for occupancy, or increasing the density above the maximum allowed by this title, the expansion shall be denied. In addition to the factors specified in 17.08.160, an application shall not be approved if a determination is made that the expansion will constitute a public or private nuisance or will be objectionable by reason of noise, odor, smoke, dust, lights, vibrations, traffic, or drainage. Determinations made regarding these applications may be appealed in accordance with Chapter 17.136 of this title.

3. Change in use: A nonconforming use may be changed to another nonconforming use of a similar or less intensive use. Whenever a nonconforming use has been changed to a less intensive use, or to a conforming use, such use shall not thereafter, be changed to a more intensive use.

4. Discontinuance of uses: If the use of a building or premises does not conform to the land use regulations of the zone in which it is located, and that use is discontinued for a period of thirty-six (36) consecutive months, any subsequent use of the building or premises shall conform to the regulations of the zone in which it is located.

5. Restoration: When a building or other structure, which does not conform to the provisions of this title is damaged or destroyed, it may be restored or rebuilt to accommodate its original use. Such restoration or rebuilding shall conform to the existing building requirements.

6. Prior permits: Nothing contained in this title shall require any change in plans, construction size, or designated use of any building or structure or part thereof for which a building permit has been issued and is valid and unexpired, before the effective date of this title. An extension of these permits shall be granted the same as for any permit.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.08.030 Relation To Previous Regulations

No previously issued permits, issued in accordance with county code or ordinance, shall be deemed revoked, null and void, altered or otherwise affected as a result of enactment of this title. Any structure which was erected, constructed, enlarged, moved, or otherwise legally established in accordance with the provisions of county code or other regulations, but which does not conform to the provisions of this title shall be deemed a legal structure. Any addition or expansion of a legal structure shall be required to conform to the provisions of this title unless otherwise provided herein.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

The regulations established by this title shall apply to all property within the boundaries or the agreed upon line of assessment of Mariposa county, except such lands as may be specifically excluded from county land use regulations by federal statute or regulations. Nothing contained in this title shall require any change in the plans, construction or designated use of a building for which a building permit has heretofore been issued and which is valid and unexpired.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

The Mariposa County board of supervisors shall by resolution, establish a schedule of fees for processing the various applications required by this title. No application shall be considered complete and ready for processing until the required fees have been paid to the county of Mariposa.

HISTORY Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.08.060 Completeness Of Applications

Not later than thirty (30) calendar days after receiving an application, the planning department shall notify the applicant in writing as to the completeness of the application. If the application is not complete, the planning department shall specify those parts of the application which are incomplete, and shall indicate the manner in which the application can be made to meet the requirements of the county. The applicant may be requested to clarify, amplify, correct, or otherwise supplement the information required for the application. After the planning department accepts an application as complete, the application shall not be refused for failure to provide any new, or additional information.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.08.070 Planning Commission

The Mariposa County planning commission shall review and hear such matters which, as set forth in this title, require planning commission action.

Any determination or decision of the planning commission which is made in accordance with the provisions of this title may be appealed to the Mariposa County board of supervisors, in accordance with Chapter 17.136.

The planning commission shall adopt such rules of procedure and forms, etc., as necessary for the implementation of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.08.080 Burden Of Proof

It shall be the burden of an applicant to provide all necessary information in support of any matter heard and decided by the planning commission or board of supervisors. Failure to provide such necessary information in support of a matter as described above shall be deemed grounds for denial of application.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.08.090 Site Plans Required

A site plan shall be submitted to and approved by the Mariposa County planning department prior to the issuance of a building permit or change in use which requires a permit. All site plans shall be reviewed by the Mariposa County planning department for conformance with the provisions of this title prior to the issuance of a building permit. All site plan reviews shall be completed within forty-five (45) days of submittal, provided that the site plan conforms with the provisions of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.08.100 Approval Or Disapproval

Any application made pursuant to this title shall be approved or disapproved within the time limits specified by state law. With the mutual consent of both the body considering the application and the applicant, the time period may be extended one six (6) month period.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.08.110 Resubmittal Of Application

When any application is denied by the planning commission or board of supervisors it shall not be eligible for resubmittal within six (6) months, unless, in the opinion of the planning director, there is new evidence which was unavailable and beyond control of the applicant, or conditions have changed to the extent that the planning commission agrees that further consideration is warranted.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.08.120 Interpretation By The Planning Director

The planning director shall make interpretations:

1. Where a proposed land use is not specifically listed as permitted or conditional, the planning director shall review the proposed use when requested to do so in writing and, based upon the characteristics of the use, determine if the use proposed is similar to those permitted or conditionally permitted.

2. Prior to making a similar use determination, the planning director shall find that such use is similar to the listed use in areas including, but not limited to, intensity, density, traffic, noise and other environmental factors as specified in the county initial study checklist items.

3. Upon a written determination by the planning director that a proposed unlisted use is similar in its nature and intensity to a permitted or conditionally permitted use, the proposed use shall be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what standards affect its establishment.

4. All planning director determinations shall be noticed in a newspaper of general circulation within the county at least once prior to the end of the appeal period, and posted in not less than 3 public places within 24 hours after determination is made, and shall remain posted during the length of the appeal period. The planning department shall maintain a list of sites where notice in neighborhoods or communities will be posted.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.08.130 Notice To County Assessor And Owner

Whenever the zoning of a property is changed from one classification to another, or a zoning variance, or conditional use permit, or use permit determination is granted, the planning department shall notify the county assessor of such action within thirty (30) days. If the zoning classification change, variance, or conditional use permit was requested by other than the owner of record, the planning department shall simultaneously notify the owner of record of such property of the action taken and that notice has been sent to the assessor.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.08.140 Single Family Dwelling Site Plans

Site plans for single family dwellings shall be submitted to the planning department. These site plans shall contain the following:

1. Plot plan showing location of dwelling with distance to lot lines, streets, etc.;

2. Location of other buildings, both existing and proposed;

3. Location of existing or proposed septic tank and leach fields;

4. Source of existing or proposed water supply;

5. Significant terrain features such as streams, water courses or springs;

6. Proposed on-site parking areas;

7. Existing or proposed means of access, location, width and type. An approved encroachment permit from the California Department of Transportation, or the Mariposa County building department, or the Mariposa County road department if applicable.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.08.150 Commercial, Industrial, Or Multi-Family Dwelling Site Plans

Site plans for commercial, industrial, or multi-family dwellings shall contain the following:

1. Parcel or lot dimensions;

2. All buildings, existing and proposed, their locations, size, height, and proposed use;

3. Fences, walls, their location, height and materials;

4. On-site parking; location, number of spaces, size and type of spaces, intended circulation path;

5. Loading areas, drive-in or drive-through facilities;

6. Landscaping;

7. Signs: locations, sizes, heights, and types;

8. Public rights of ways, easements, recreation/open space areas existing or proposed;

9. Grading and drainage plans;

10. Outdoor storage areas, location of outdoor lighting and equipment storage areas if applicable;

11. Existing or proposed water and wastewater treatment facilities;

12. Existing or proposed means of access, location, width and type. An approved encroachment permit from the California Department of Transportation, or the Mariposa County building department, or the Mariposa County road department if applicable.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

Amended by Ord. 912 Sec. II on 1/7/1997

17.08.160 Site Plan Processing Procedures

This section applies to new construction or modifications of existing structures requiring a building permit:

1. The applicant shall apply to the Mariposa County building division for site plan review and approval. The building official shall forward the application to the planning department.

2. The planning commission or planning department, as appropriate, shall:

   1. Approve the application;

   2. Disapprove the application if it does not comply with this title;

   3. Conditionally approve the application stating conditions necessary to satisfy requirements of this title;

   4. Return the application to the building official for the necessary action due to inadequate, illegible or otherwise insufficient information as required in sections 17.08.140 and 17.08.150 above or other required information pursuant to this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.08.170 Permit Time Limits

An approved site plan shall be null and void if the project is not completed within three (3) years from date of approval thereof, unless the approval authority finds and stipulates in its original approval that a different time limit is necessary and not detrimental to the public health, safety and welfare, or, unless an extension of time has been approved. Notwithstanding anything to the contrary contained in this title, and notwithstanding the length of time for which

within three (3) years from date of approval thereof, unless the approval authority finds and stipulates in its original approval that a different time limit is necessary and not detrimental to the public health, safety and welfare, or, unless an extension of time has been approved. Notwithstanding anything to the contrary contained in this title, and notwithstanding the length of time for which

permits may be issued pursuant to this title, nothing contained herein shall in any way affect the length of time for which permits are issued pursuant to the Mariposa County Building and Construction Code (Title 15).

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.08.180 Extension Of Time

The approval authority may approve one extension of time on a permit approved pursuant to this title, for up to eighteen (18) additional months after notice is given in the same manner as the original approval, if it finds that such extension is necessary and not detrimental to the public health, safety and welfare.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

Project completion is the point at which active county review of project progress is terminated. A development project is considered completed when:

1. A certificate of occupancy has been issued by the building official verifying that all structures, site improvements and/or off-site work has been completed; and any Bonds or monies guaranteeing site improvements have been released.

2. The planning director verifies that a use or activity not involving a building or grading permit is occurring on the subject site in accordance with all applicable provisions of this title and any adopted conditions.

3. A final map is recorded, unless conditions of approval of the development plan specify other standards for determining project completion.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

Any application approved pursuant to section 65956 of the Government Code shall be subject to all applicable provisions of this title, which must be satisfied by the applicant before any construction permit is issued.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

When a project requires the approval of multiple applications, the county shall make every effort to process those applications concurrently to assure a timely and equitable permit process. Where such applications are subject to different county approval authorities, the applicant may elect to have all applications heard and decided upon concurrently by the approval authority that has highest jurisdiction among all those reviewing the multiple applications. If the applicant selects this option, the original approval authority would review the application in the same manner it otherwise would, but instead of rendering a decision it would formulate a recommendation to the new approval authority.

HISTORY

Adopted by Ord. 912 Sec. II on 1/7/1997 17.12 Town Planning Area (TPA) 17.12.010 Town Planning Area (TPA)

Throughout the county of Mariposa, eleven (11) areas have been designated as Town Planning Areas (TPAs). These TPAs may provide basic services, public water and sewer systems; are the centers for industrial and commercial activity, and population concentration. The eleven (11) areas designated as TPAs are as follows:

1. Bear Valley

2. Bootjack

3. Mt. Bullion

4. Catheys Valley

5. Coulterville

6. El Portal

7. Fish Camp

8. Greeley Hill

9. Hornitos 10. Mariposa

10. Wawona

11. Development standards for TPAs. Development standards for the TPAs shall be established in the specific plans. Within areas designated as a TPA where specific land use policies have been developed, or other areas affected by adopted specific plans, approval of all building permits, site plans, development agreements, conditional use permits and subdivisions shall be consistent with those adopted specific plans. This title shall remain in effect in the TPAs until such time as precise zoning regulations and zones are adopted to implements those plans. In instances where there is a conflict between zoning standards and a specific plan, the specific plan standards shall govern.

12. Land use policies for TPAs. Within areas designated as a TPA where specific land use policies have not been developed in accordance with the provisions of Section 17.12.010, the land use regulations of the Rural Residential Zone (RRZ) contained in Chapter 17.16 shall apply as interim land use regulations. In addition to the RRZ uses, the uses described as permitted uses in Neighborhood Commercial Zone (INDOOR) CN-1 (CN-1) contained in Chapter 17.76 and in Neighborhood Commercial (INDOOR AND OUTDOOR) CN-2 (CN-2) contained in Chapter 17.80 will be considered subject to the use permit determination process contained in Chapter 17.116. The uses described as permitted uses in the Resort Commercial Zone (CR) contained in Chapter 17.96 may be considered subject to the conditional use permit process specified in Chapter 17.112. This interim land use policy shall remain in effect until such time as specific land use policies are adopted for each TPA respectively.

13. Minimum parcel size:

    1. Parcels shall have a minimum size of two and one-half (2 1/2) acres (exclusive of easement) if the domestic water system and the sewage disposal system is to be developed on the parcel.

    2. If a community water system or a community sewage disposal system is to be developed, then one (1) acre parcels (exclusive of easements), may be approved providing the average slope does not exceed fifteen percent (15%). The burden is upon the applicant to show that such system meets the laws and standards of the state and the county.

    3. If both a community water supply system and a community sewage disposal system is to be developed then parcels of nine thousand (9,000) square feet (exclusive of easements) may be approved providing the average slope does not exceed fifteen percent (15%). The burden is upon the applicant to show that such system meets the laws and standards of the state and county.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.16 Rural Residential Zone (RRZ) 17.16.010 Rural Residential Zone (RRZ)

The Rural Residential Zone (RRZ), as designated on the Mariposa County Land Use Map, is applied to lands best suited to rural residential development uses of a moderately high density, located adjacent to or near a TPA, or in isolated rural areas where existing community sewer and/or water systems have been developed.

1. Development standards for RRZ. Development standards for the RRZ shall be as follows: 1. Uses:

   1. Permitted uses: Residential, and those applicable uses listed under Chapter 17.108.

   2. Conditional uses: Churches, subject to parking standards as required in section 17.108.120(F) of this title; private schools, except as permitted by section 17.108.060(I); and public stables and arenas on parcels of 15 acres in size or greater, where arenas may be used for organized competitive events.

   3. Prohibited uses: All uses listed in section 17.108.200 of this title and other uses not listed above are prohibited, except similar uses in compliance with section 17.108.120 and 17.108.030 of this title.

   4. Minimum parcel or lot size: No parcel of real property in a RRZ shall be divided or split into two (2) or more parcels by voluntary transfer, court action or other conveyance where any one (1) of the parcels so created will be less than two and one-half (2 1/2) acres in gross area. No parcel or lot shall be divided below five (5) acres without establishment of a community sewer system.

   5. Density: One (1) single family residence per two and one-half (2 1/2) acres.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Adopted by Ord. 816 Sec.IV on 11/12/1991 Adopted by Ord. 912 Sec. II on 1/7/1997 Amended by Ord. 1086 Sec. I on 12/20/2011 Amended by Ord. 1097 Sec. I on 9/3/2013

17.20 Mountain Home Zone (MHZ)

17.20.010 Mountain Home Zone (MHZ)

The MHS as designated on the Mariposa County Land Use Map, is applied to land best suited for moderate residential densities based upon suitability of terrain, location adjacent to population centers and services areas. This land use classification is provided to accommodate the major portion of the rural homesite growth of the county.

1. Development standards for MHZ. Development standards for the MHZ shall be as follows: 1. Uses:

   1. Permitted uses: Residential and those applicable uses listed under Chapter 17.108 of this title. .

   2. Administrative use permit uses: Small scale mining in compliance with applicable standards and regulations pursuant to section 17.108.110.

   3. Conditional uses: Churches, subject to parking standards as required in section 17.108.120(F) of this title; private schools, except as permitted by section 17.108.060(I); and mining, which may include mineral or construction material processing, in conformance with the State Surface Mining and Reclamation Act and County Code.

   4. Prohibited uses: All uses listed in section 17.108.200 of this title and other uses not listed above are prohibited, except similar uses in compliance with section 17.108.120 and 17.108.030 of this title.

   5. Minimum parcel or lot size: No parcel of real property shall be divided or split into two (2) or more parcels by voluntary transfer, court action or other conveyance, where any one (1) of the parcels so created will be less than five (5) acres in gross area.

   6. Density: One (1) single family residence per five (5) acres.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 816 Sec. V on 11/12/1991 Adopted by Ord. 912 Sec. II on 1/7/1997 Amended by Ord. 1086 Sec. I on 12/20/2011 Adopted by Ord. 1114 Sec. I on 12/15/2015

17.24 Mountain Transition Zone (MTZ) 17.24.010 Mountain Transition Zone (MTZ)

The Mountain Transition Zone (MTZ) as designated on the Mariposa County Land Use Map, is applied to lands with limited development potential.

1. Development standards for MTZ. Development standards for the MTZ shall be as follows:

   1. Uses:

      1. Permitted uses: Residential, and those applicable uses listed under Chapter 17.108.

      2. Administrative use permit uses: Small scale mining in compliance with applicable standards and regulations pursuant to section 17.108.110. 3. Conditional uses: Churches, subject to parking standards as required in section 17.108.120(F) of this title; private schools, except as permitted by section 17.108.060(I); and mining, which may include mineral or construction material processing, in conformance with the State Surface Mining and Reclamation Act and county code.

      3. Prohibited uses: All uses listed in section 17.108.200 of this title and other uses not listed above are prohibited, except similar uses in compliance with section 17.108.120 and 17.108.030 of this title.

   2. Minimum parcel or lot size: No parcel of real property in the MTZ shall be divided or split into two (2) or more parcels by voluntary transfer, court action, or other conveyance where any one (1) of the parcels so created will be less than twenty (20) acres or one-half of one legal quarter-quarter section in gross area.

   3. Density: One (1) single family residence per twenty (20) acres or one-half of a legal quarter-quarter section.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 816 Sec. VI on 11/12/1991 Adopted by Ord. 912 Sec. II on 1/7/1997 Amended by Ord. 1086 Sec. I on 12/20/2011 Adopted by Ord. 1114 Sec. II on 12/15/2015 17.28 Mountain General Zone (MGZ) 17.28.010 Mountain General Zone (MGZ)

The Mountain General Zone (MGZ) as designated on the Mariposa County Land Use Map, is applied to lands characterized by terrain that is less suitable for moderate or high residential densities or intense use, or is remote from established service centers. Due to the requirement for larger parcel sizes, diverse uses with minimum potential for use conflicts are possible within this classification.

1. Development standards for MGZ. Development standards for the MGZ shall be as follows:

   1. Uses:

      1. Permitted uses: Residential; non-commercial recreation; and those applicable uses listed under Chapter 17.108 of this title.

      2. Administrative use permit uses: Small scale mining in compliance with applicable standards and regulations pursuant to Section 17.108.110.

      3. Conditional uses: Churches, subject to parking standards as required in Section 17.108.120(F) of this title; private schools, except as permitted by section 17.108.060(I); membership or public parks and camps which require no permanent facilities; guest ranches, hunting clubs, public stables and riding trails; and mining, which may include mineral or construction material processing, in conformance with the State Surface Mining and Reclamation Act and county code.

      4. Prohibited uses: All uses listed in section 17.108.200 of this title and other uses not listed above are prohibited, except similar uses in compliance with section 17.108.120 and 17.108.030 of this title.

   2. Minimum parcel or lot size: No parcel of real property in the MGZ shall be divided or split into two (2) or more parcels by voluntary transfer, court action or other conveyance where any one (1) of the parcels so created will be less than forty (40) acres or a legal quarter-quarter section in gross area.

   3. Density: Two (2) single family residences per forty (40) acres or a legal quarter-quarter section.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Adopted by Ord. 816 Sec. VII on 11/12/1991 Adopted by Ord. 912 Sec. II on 1/7/1997 Amended by Ord. 1086 Sec. I on 12/20/2011 Amended by Ord. 1114 Sec. III on 12/15/2015

17.32 General Forest Zone (GFZ)

17.32.010 General Forest Zone (GFZ)

17.32.010 General Forest Zone (GFZ)

The General Forest Zone (GFZ) as designated on the Mariposa County Land Use Map, is applied to lands under private ownership located primarily within the boundaries of national forest lands that are best suited for low density residential, timber management, agriculture and mining.

1. Development standards for GFZ.

   1. Uses:

      1. Permitted uses: Residential, sustained yield timber management; non-commercial recreation, and those applicable uses listed under Chapter 17.108 of this title.

2. Conditional uses: Employee housing; churches, subject to parking standards as required in section 17.108.120(F) of this title; private schools, except as permitted by section 17.108.060(I); membership or public parks and camps which require no permanent facilities; guest ranches, hunting clubs, public stables, and riding trails; and mining, which may include mineral or construction material processing, in conformance with the State Surface Mining and Reclamation Act and county code.

   3. Prohibited uses: All uses listed in section 17.108.200 of this title and other uses not listed above are prohibited, except similar uses in compliance with section 17.108.120 and 17.108.030 of this title.

   4. Minimum parcel or lot size: No parcel of real property in the GFZ shall be divided or split into two (2) or more parcels by voluntary transfer, court action or other conveyance where any one (1) of the parcels so created will be less than forty (40) acres or a legal quarter-quarter section in gross area.

   5. Density: Two (2) single family residences per forty (40) acres or a legal quarter-quarter section.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Adopted by Ord. 816 Sec. VIII on 11/12/1991 Adopted by Ord. 912 Sec. II on 1/7/1997 Amended by Ord. 1086 Sec. I on 12/20/2011 Amended by Ord. 1114 Sec. IV on 12/15/2015 17.36 Mountain Preserve Zone (MPZ)

17.36.010 Mountain Preserve Zone (MPZ)

The Mountain Preserve Zone (MPZ) as designated on the Mariposa County Land Use Map, is applied to lands that are suitable for extremely low density residential development due to terrain and lack of accessibility. These lands are under private ownership within or adjacent to publicly owned lands, with brush and grass cover, and some timber.

1. Development standards for the MPZ. Development standards for the MPZ shall be as follows:

   1. Uses:

      1. Permitted uses: Residential, non-commercial recreation, and those applicable uses listed under Chapter 17.108.

      2. Administrative use permit uses: Small scale mining in compliance with applicable standards and regulations pursuant to section 17.108.110.

      3. Conditional uses: Employee housing; private schools, except as permitted by Section 17.108.060(I); and mining, which may include mineral or construction material processing, in conformance with the State Surface Mining and Reclamation Act and county code.

      4. Prohibited uses: All uses listed in section 17.108.200 of this title and other uses not listed above are prohibited, except similar uses in compliance with section 17.108.120 and 17.108.030 of this title.

   2. Minimum parcel or lot size: No parcel of real property in the MPZ shall be divided or split into two (2) or more parcels by voluntary transfer, court action or other conveyance where any one (1) of the parcels so created will be less than one hundred sixty (160) acres or a legal quarter section in gross area.

   3. Density: Two (2) single family residences per one hundred sixty (160) acres or a legal quarter section.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Adopted by Ord. 816 Sec.. IX on 11/12/1991 Amended by Ord. 912 Sec. II on 1/7/1997 Amended by Ord. 1086 Sec. I on 12/20/2011 Amended by Ord. 1114 Sec. V on 12/15/2015

17.40 Agriculture Exclusive Zone (AEZ) 17.40.010 Agriculture Exclusive Zone (AEZ)

The Agriculture Exclusive Zone (AEZ) as designated on the Mariposa County Land Use Map, is applied to land considered to be most desirable for agriculture use. The purpose is to preserve the agricultural industry of Mariposa county as a viable economic activity.

1. Development standards for the AEZ. Development standards for the AEZ shall be as follows, with the express provision that any agritourism or agrinature tourism use shall comply with all federal, state and local laws and regulations. In this code, agritourism and agri-nature tourism are subject to the same standards and regulations:

   1. Uses:

1. Permitted uses: Ranching and commercial vineyards and orchards, nurseries, greenhouses, wineries, processing plants for products grown on-site (not including dairies), seasonal sale of agricultural products grown on-site from roadside stands or produce stands, permanent facilities for sale of and /or tasting rooms for agricultural products produced or processed on-site in accordance with the standards established by section 17.108.070, u-pick operations, collaborative sales of agricultural products in accordance with state and federal

standards, agricultural homestays in accordance with standards established by section 17.40.010.A.4 and in conjunction with the primary agriculture production use of the property, bed and breakfasts and transient rentals which are managed by permanent on-site managers in accordance with the standards of section 17.108.180; collaborative agri-nature tourism events, horseback riding as an agritourism use, commercial row crops and other similar agricultural uses when conducted in a manner consistent with proper and accepted customs, standards, and practices, except those listed as administrative or conditional uses below; low density residential and employee housing in accordance with the density standards of this chapter; accessory buildings and accessory uses, barns, private stables, farm equipment shelters, and other out buildings; home enterprises, rural home industry, public schools, public parks and other public facilities, such as volunteer fire departments, utility transmission and distribution lines, towers, poles and substations; private airstrips and heliports for personal use by the property owner; and agricultural activities associated with a 4-H and/or FFA project or projects; and those applicable uses listed under Chapter 17.108. Limited agritourism and agri-nature tourism uses and activities pursuant to the definitions for agritourism and agrinature tourism and in accordance with the development standards established by section 17.40.010.A.4 shall be permitted when conducted in compliance with all of the following:

  1. A daily use or activity is limited to no more than an average of 15 persons per day with a maximum of less than 106 in any given week (not counting employees). If averages are used, they must be on a per week basis. 

2. Administrative Use Permit uses:

   1. Small scale mining in compliance with applicable standards and regulations pursuant to section 17.108.110.

3. Larger and more frequent agritourism and agri-nature tourism uses and activities pursuant to the definitions, and including but not limited to collaborative agri-nature tourism events, petting zoos of resident animals, and hunting dog trials when no fire arms are discharged. All of the uses shall be conducted in compliance with all of the following:

     1. A daily use or activity is limited to no more than an average of 35 persons per day with a maximum of 250 in any given week (not counting employees). If averages are used, they must be on a per week basis. 
   
     2. The use or activity is conducted in accordance with the development standards established by section 17.40.010.A.4. 
   
     3. Submittal of an agritourism facility compliance form to the Mariposa County planning department is required annually for reporting of agritourism activities and events. The report shall include information on the number of participants, days of activity, and hours of operation. Agricultural activities associated with a 4-H and/or FFA project or projects shall not be subject to an administrative use permit. Prior to issuance of an administrative use permit, the use or activity is subject to submittal of proposed use or activity and site plans for review by county departments and State agencies as to compliance with applicable laws, policies, codes and regulations. Said county department review may determine that proposed activity or use is required to obtain a conditional use permit as defined below in this section.
   

of an administrative use permit, the use or activity is subject to submittal of proposed use or activity and site plans for review by county departments and State agencies as to compliance with applicable laws, policies, codes and regulations. Said county department review may determine that proposed activity or use is required to obtain a conditional use permit as defined below in this section.

3. Conditional uses: Intensive commercial agricultural uses including but not limited to the following: commercial hog ranches, livestock feed lots when confinement is for the purpose of finishing livestock for market, and commercial poultry farming; fertilizer plants or yards; animal sales yards; dairies; dairy processing plants; experimental agricultural operations determined by the planning director that the operation could impact other agricultural operations in the county, including, but not limited to, those associated with the agribiotech industry and genetic technologies; dormitory style housing facilities for employees; slaughter houses; mining, which may include mineral or construction material processing, in conformance with the state surface mining and reclamation act and county code; very large and frequent agritourism uses and activities pursuant to the definition for agritourism for groups of 36 or more persons per day for ongoing activities up to more than 250 people per week and in accordance with the development standards established by section 17.40.010.A.4; commercial hunting, hunting dog trials when fire arms are discharged, and game bird clubs; commercial target or shooting ranges, including archery; dude or guest ranches, riding clubs, commercial stables or animal boarding facilities and similar activities (which are not established as part of an agritourism operation or as a rural home industry operation and meeting the standards and provisions listed in section 17.108.080 and pertinent standards in 17.108.070); private schools, except as permitted by section 17.108.060(I); churches; and recreational camps or religious organization camps; transient rentals with no on-site manager in accordance with the standards of section 17.108.180; Glamping in accordance with the standards established by section 17.108.180, except as modified by the standards herein. In addition to other conditions placed on them by the planning commission, slaughter houses shall have a minimum setback of fifteen hundred (1500) feet from state highways and adjacent higher density land use classifications or property lines. Agricultural activities associated with a 4-H and/or FFA project or projects shall not be subject to a conditional use permit.

4. Prohibited uses: All other uses not listed above are prohibited, except similar uses in compliance with section 17.08.120 and 17.108.030 of this title. .

5. Minimum parcel or lot size: No parcel of real property in the AEZ shall be divided or split into two (2) or more parcels by voluntary transfer, court action or other conveyance where any one (1) of the parcels so created will be less than one hundred sixty (160) acres or a legal quarter section in gross area.

6. Density: Two (2) single family residences per one hundred sixty (160) acres or a legal quarter section.

7. Special development and performance standards for agritourism and agri-nature tourism uses and activities in the Agriculture Exclusive Zone:

   1. Agri-nature uses or activities are subject to the same development standards as agritourism uses or activities.

   2. An agritourism use or activity is subject to all of the following road access and maintenance requirements, if the use or activity generates more than 7.5 Average Daily Trips (ADTs)

      1. Any agritourism use or activity which is established shall have access from a road or roads which have adequate capacity for existing traffic and the traffic proposed by the agritourism activity or use as defined by the Mariposa County Road Improvement and Circulation Policy. Any and all road improvements (public and private) must be made only as allowed by the provisions of a recorded access easement. If the agritourism activity is on a non-standard county maintained road, then an agritourism activity may only occur if the non-standard county maintained road is improved by the project proponent to provide adequate capacity as described above.

      2. Any agritourism use or activity which is established shall have access from roads which are maintained. If primary access is not from a county maintained road or a State Highway, then the proponent of the agritourism use or activity shall participate in any existing active road maintenance organization for all privately maintained access road(s). If no road maintenance organization exists, then the proponent of the agritourism use or activity shall record a road maintenance agreement which provides for maintenance of drainage and erosion control devices, fuel modification, and upkeep of road surfaces from at least the proponent’s property to the nearest

county maintained road or State Highway. The road maintenance agreement provisions shall be developed by the project proponent and shall:

  1. Be in effect for the life of the project unless said maintenance is taken over by the county, a special district, other governmental entity, or a recorded private road maintenance association. 

  2. Provide for annual maintenance and the immediate correction of emergency and hazard situations. 

3. Any exterior activities for agritourism uses and activities shall not commence prior to seven o’clock (7:00) a.m. and shall cease by ten o’clock (10:00) p.m. The planning director can consider amendments to these hours of operation on a case by case basis through the administrative use permit process for specific agritourism uses which are time sensitive, such as but not limited to bird-watching, when the planning director can make the finding that the amended hours will not have adverse impacts. The planning director may apply such conditions as are necessary in order to make this finding.

ments to these hours of operation on a case by case basis through the administrative use permit process for specific agritourism uses which are time sensitive, such as but not limited to bird-watching, when the planning director can make the finding that the amended hours will not have adverse impacts. The planning director may apply such conditions as are necessary in order to make this finding.

4. If the agritourism use or activity is immediately adjacent to a commercial poultry operation, there shall be no exterior lights for the agritourism use or activity (except as minimally necessary for public safety) and there shall be no organized agritourism activities after sunset. This requirement may be waived if the agritourism proponent obtains a signed waiver from the adjacent commercial poultry producer. This standard shall not apply if the agritourism operation is established before a poultry operation is established on the adjacent property.

5. The agritourism uses and activities shall not require more than 1 (one) employee per acre up to a maximum of the equivalent of 5 (five) fulltime employees on-site at any one time. The number of employees will be in full FTE increments, with 1 (one) FTE allowed per acre allowed for agritourism development as defined in 17.40.010.A.4.i. This limit does not include family members or employees solely of the agricultural operation. The planning director can consider amendments to the number of employees at an operation on a case by case basis through the administrative use permit process for specific agritourism uses which may require more employees, when the planning director can make the finding that the increased number of employees will not have adverse impacts. The planning director may apply such conditions as are necessary in order to make this finding.

6. The owner, lessee, designated agent or a designated family member of the agritourism enterprise shall be present throughout the duration of the agritourism use or event.

7. Petting zoos of resident animals shall have a minimum of 1/3 mile buffer from adjacent properties.

8. Activities shall be limited to the on-site agritourism parcel or parcels. Parcel boundaries and no trespassing signs shall be clearly posted. The owner of an agritourism business shall be responsible for the actions, impacts and damages of his or her guests, pursuant to California Civil Code section 1714.

9. The primary use of the parcel on which the agritourism use or activity is located shall be for commercial agricultural production. Pursuant to section 52262 of the California Food and Agricultural Code, this shall mean a place of agricultural production which has annual sales of agricultural products of one thousand dollars ($1,000) or more. Agritourism is permitted as a secondary use to the primary commercial agricultural production use. The amount of land permitted for permanent physical improvement (infrastructure and structural improvements) related to agritourism is limited to no more than 10% of a parcel’s acreage or 5 acres of total land area, whichever is the lesser amount, to comply with this primary use standard. Developed infrastructure and structural improvements do not include unpaved riding or hiking trails. If there are multiple parcels involved in the agritourism use and development, the maximum amount of agritourism development shall be calculated based upon the parcel on which the improved facilities are located, using the % calculation, and there shall be no more than 5 acres cumulative agritourism development allowed on all of the parcels combined.

10. Daily or ongoing agritourism uses or activities shall have adequate provisions for sewage disposal (permanent or temporary) as determined by the Mariposa County health department.

11. The agritourism use or activity shall have adequate provisions for public water as determined by the Mariposa County health department.

12. The agritourism use or activity shall have adequate access and on-site parking.

13. Any new exterior lighting installed related to an agritourism use or activity shall comply with the dark sky standards as described in the Mariposa County General Plan.

14. An agricultural homestay is subject to all of the following requirements:

15. The parcel on which an agricultural homestay is proposed shall be at least twenty (20) acres in size or greater;

16. The agricultural homestay is located in a residence occupied by the property owner, an accessory dwelling or other existing dwelling; the agricultural homestay is located on property occupied by the property owner, as evidenced by a homeowners’ exemption carried on the latest equalized assessor rolls, accessory dwelling or other existing dwelling. Failure to maintain the homeowners’ exemption shall be grounds for prohibition of further occupancy as an agricultural homestay;

17. The agricultural homestay has not more than five (5) guest rooms and accommodates not more than ten (10) adult guests; children accompanied by a guardian do not count as adult guests, but the total number of guests must not exceed fifteen (15) persons;

18. The agricultural homestay serves meals only to its registered guests and serves meals at any time, and with respect to which the price of meals is included in the price of the overnight transient occupancy accommodation;

19. Lodging and meals are incidental and not the primary function of the agricultural homestay establishment;

20. The agricultural homestay establishment is located on, and is a part of, a farm, as defined in section 52262 of the California Food and Agricultural Code, that produces agricultural products as its primary business [pursuant to the referenced section of code, this shall mean a place of agricultural production which has annual sales (income) of agricultural products of one thousand dollars ($1,000) or more];

    7. The primary purpose of the homestay establishment is the guest’s education and active participation in the on-site agricultural activities

    8. Any activities or events that involve more than ten (10) adult guests at an agricultural homestay are prohibited; children accompanied by a guardian do not count as adult guests, but the total number of guests must not exceed fifteen (15) persons;

    9. A Bed and Breakfast / Transient Rental Permit pursuant to section 17.108.180 of the Mariposa County Code shall be obtained prior to establishing an agricultural homestay, including a valid Transient Occupancy Tax Certificate.

21. A glamping operation is subject to all of the following requirements:

22. The parcel on which glamping is proposed shall be at least twenty (20) acres in size or greater;

23. The glamping operation is located on property occupied by the property owner, as evidenced by a homeowners’ exemption carried on the latest equalized assessor rolls, accessory dwelling or other existing dwelling. Failure to maintain the homeowners’ exemption shall be grounds for prohibition of further occupancy as a glamping operation;

24. The glamping operation has not more than five (5) guest units and accommodates not more than ten (10) adult guests; children accompanied by a guardian do not count as adult guests, but the total number of guests must not exceed fifteen (15) persons;

25. The glamping operation serves meals only to its registered guests and serves meals at any time, and with respect to which the price of meals is included in the price of the overnight transient occupancy accommodation;

26. The glamping establishment is located on, and is a part of, a farm, as defined in section 52262 of the California Food and Agricultural Code, that produces agricultural products as its primary business [pursuant to the referenced section of code, this shall mean a place of agricultural production which has annual sales (income) of agricultural products of one thousand dollars ($1,000) or more];

27. Any activities or events that involve more than ten (10) adult guests at a glamping establishment are prohibited; children accompanied by a guardian do not count as adult guests, but the total number of guests must not exceed fifteen (15) persons;

28. The glamping operation conforms to all building codes, fire codes and American Disabilities Act requirements.

29. A Bed and Breakfast / Transient Rental Permit pursuant to section 17.108.180 of the Mariposa County Code shall be obtained prior to establishing a glamping operation, including a valid Transient Occupancy Tax Certificate.

30. Agricultural advisory committee. As part of the review of an application for rezoning to place property into or remove property from the Agriculture Exclusive Zoning District, the planning director shall refer the application to the agricultural advisory committee. The committee shall review each action described above and may, if necessary, inspect the property in question to determine if the property is bona fide agricultural land appropriate for the Agriculture Exclusive Zoning District and if such action is consistent with the general plan. The committee shall forward their recommendation for action on the rezoning application to the planning commission.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 1014 Sec. I on 12/21/2004 Amended by Ord. 1074 Sec. I on 11/23/2010 Amended by Ord. 1086 Sec. I on 12/20/2011 Adopted by Ord. 1087 Sec. I on 1/17/2012 Adopted by Ord. 1114 Sec. VI on 12/15/2015

17.44 Timber Exclusive Zone (TEZ) 17.44.010 Timber Exclusive Zone (TEZ)

The Timber Exclusive Zone (TEZ)is a timber preserve zone for the growing and harvesting of timber for those uses which are an integral part of a timber management operation. Land use under a TEZ shall be restricted for a minimum of ten (10) years to growing and harvesting timber, and to compatible uses approved by the county.

1. Development standards for the TEZ. Development standards for the TEZ shall be as follows:

   1. Uses.

      1. Permitted uses: Growing and harvesting of timber and forest products; uses and facilities appurtenant to timber growing and harvesting, including but not limited to roads, log landings, and log storage areas. Residential, grazing, wildlife preserves; management for watershed, fish and wildlife habitat; hunting, fishing, hiking and camping; forest fire lookout stations; fire stations provided they are located on timberland converted to non-timber use in accordance with section 1104.1 of Title 14, California Code of Regulations; exploration or prospecting for minerals; portable saw mills and portable planing mills; gas, electric, water or communication transmission facilities; wholesale nurseries and similar horticultural enterprises; and those applicable uses listed under Chapter 17.108.

      2. Conditional uses: The following uses shall be permitted only with a conditional use permit: Timber products processing plants, including but not limited to such permanent facilities as saw mills, lumber and plywood mills, planing mills, provided that the plants are secondary or incidental to timber growing and harvesting operation on the same parcel; logging camps or labor camps appurtenant to timber harvesting or planting operation for the duration of one year; additional dwellings when necessary for the timber management operation; membership or public parks and camps which require no permanent facilities; guest ranches, hunting clubs, public stables and riding trails in conjunction with a bona fide timber management operation; mining and quarrying for the removal of minerals and such appurtenances as required; surface mining operations shall include, but are not limited to: in-place distillation, retorting or leaching; production and disposal of mining waste.

      3. Prohibited uses: All uses listed in section 17.108.200 of this title and other uses not listed above are prohibited, except similar uses in compliance with section 17.108.120 and 17.108.030 of this title.

   2. Property development standards: In addition to Title 5, Division 1, Chapter 6.7 of the California Government Code, the following property development standards shall apply to all land and structures in the TEZ: Each parcel prior to acceptance into the TEZ, shall have a minimum of ten thousand (10,000) board feet per acre, or meet the minimum timber stocking standards of the state within five (5) years.

ty development standards: In addition to Title 5, Division 1, Chapter 6.7 of the California Government Code, the following property development standards shall apply to all land and structures in the TEZ: Each parcel prior to acceptance into the TEZ, shall have a minimum of ten thousand (10,000) board feet per acre, or meet the minimum timber stocking standards of the state within five (5) years.

A timber management plan shall be presented to and approved by the Mariposa County planning commission. This plan shall be prepared by a registered professional forester. The parcel shall currently meet the timber stocking standards as set forth in section 4561 of the Public Resources Code and the forest practice rules adopted by the California State Board of Forestry for the zone in which the parcel is located; or, the owner must sign an agreement with the board to meet such stocking standards and forest practice rules by the fifth (5th) anniversary of the signing of such agreement. If the parcel is subsequently zoned as timberland preserve under Subdivision (a) of section 4561 listed above, then failure to meet such stocking standards and forest practice rules within this time period provides the board with a ground for rezoning of the parcel pursuant to section 51121 of the Government Code.

Other provisions of this title notwithstanding, all lands zoned in a TPZ in accordance with County Ordinances 464 and 557 are hereby zoned in accordance with the provisions of this chapter as a TEZ. All rules, policies and provisions of previous TEZs are deemed consistent with the provisions of this chapter and nothing contained herein shall be deemed to minimize, null, or otherwise set aside any permits, plans, or other benefits granted or otherwise obtained under the provisions of a previous TEZ.

3. Minimum parcel or lot size: No parcel or real property shall be divided or split into two (2) or more parcels by voluntary transfer, court action or other conveyance where any one (1) of the parcels so created will be less than forty (40) acres or a legal quarter-quarter section.

4. Density: Two (2) single family residences per forty (40) acres or a legal quarter-quarter section.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Adopted by Ord. 912 Sec. II on 1/7/1997 Adopted by Ord. 1045 Sec. I on 8/5/2008 Amended by Ord. 1086 Sec. I on 12/20/2011

17.48 Industrial Mining Zone (IMZ) 17.48.010 Industrial Mining Zone (IMZ)

The Industrial Mining Zone (IMZ) as designated on the Mariposa County Zoning Map, is applied to land areas where mining operations have been developed on a large scale. This classification is also applied to land having significant mineral resources.

1. Development standards for the IMZ. Development standards for the IMZ shall be as follows:

   1. Uses:

      1. Permitted uses: Residential; and those applicable uses listed under Chapter 17.108 of this title.

      2. Administrative use permit uses: Small scale mining in compliance with applicable standards and regulations pursuant to section 17.108.110.

      3. Conditional uses: Employee housing; and mining, which may include mineral or construction material processing, in conformance with the state surface mining and reclamation act and county code.

      4. Prohibited uses: All uses listed in section 17.108.200 of this title and other uses not listed above are prohibited.

   2. Minimum parcel or lot size: No parcel of real property in the IMZ shall be divided or split into two (2) or more parcels by court action or other conveyance where any one (1) of the parcels so created will be less than twenty (20) acres or a legal one-half of a quarter-quarter section in gross area.

   3. Density: One (1) single family residence per twenty (20) acres or a legal one half (1/2) quarter-quarter section.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Adopted by Ord. 1086 Sec. II on 12/20/2011 Adopted by Ord. 1114 Sec. VII on 12/15/2015 17.52 Public Domain Zone (PDZ)

17.52.010 Public Domain Zone (PDZ)

The Public Domain Zone (PDZ) as designated on the Mariposa County Zoning Map, is applied to lands under public ownership, primarily by the U.S. Forest Service or Bureau of Land Management outside the boundaries of the federal preserve known as Yosemite National Park.

1. Development standards for the PDZ. Due to the federal regulations governing public lands and to the limited use authority over such lands by the county of Mariposa, instead of using permitted, conditional and prohibited uses as in other zones, development standards for the PDZ shall be set forth as follows:

   1. Uses:

      1. Primary uses: The primary uses of lands designated as PDZs shall be: sustained yield timber management, harvesting, and associated activities; grazing and other agricultural uses; mining and mineral processing; non-commercial recreation; hydro-electric generation, and other similar uses. Wilderness and similar uses proposed for these lands shall be reviewed in accordance with the above primary uses and federal policy, or contemplated policy, and evaluated accordingly. In all instances motorcycle raceways, cross-country course, or similar vehicular uses are to be restricted within PDZs where such activities create a nuisance to adjacent or abutting private landholdings, or interfere with the above listed primary uses.

      2. Ownership transfers: When, in the event that a federal or other public agency transfers land to a private individual or non-public entity, the above-described use policies shall govern until such time as the site or land thus transferred is reclassified to another land use category in accordance with state law and county procedures. Until such reclassification is approved by the county, development proposals, subdivision applications, or use proposals not described above shall be considered inconsistent with this land use category and cannot be approved.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.56 Public Sites Zones (PSZ)

17.56.010 Public Sites Zone (PSZ)

17.56.010 Public Sites Zone (PSZ)

The Public Sites Zone (PSZ) as designated on the Mariposa County Zoning Map, is applied to lands under federal, state, or other government agency ownership, but not under the control and administration of the U.S. Forest Service, Bureau of Land Management or part of the Yosemite National Park Federal Preserve, used primarily for a public purpose.

1. Development standards for the PSZ. Land designated as PSZ is under public ownership and is used for public purpose facilities. Instead of using: permitted, conditional, and prohibited uses as in other zones, development standards for the PSZ shall be set forth as follows: 1. Uses:

   1. Primary uses: The primary uses of lands designated as PSZs are for public facilities such as: public schools, parks, buildings, equipment yards, volunteer fire department facilities, solid waste collection and disposal sites, areas utilized for public sewer treatment sites.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.60 Open Watershed Overlay (OWO) 17.60.010 Open Watershed Overlay (OWO)

The Open Watershed Overlay (OWO) designated on the Mariposa County Zoning Map, is an overlay district and shall be applied to lands utilized, or proposed to be utilized as watersheds for public or community surface water supply, as defined by the engineering studies for that project. Within any OWO, the specific policies, standards and regulations of the principal zone with which the OWO is combined, are modified in accordance with this chapter.

1. Development standards for the OWO. Development standards for the OWO shall be as follows:

   1. Uses:

      1. Permitted uses: Single family residences, home enterprise, agriculture, public parks, and the managed production and harvesting of timber and those applicable uses listed under Chapter 17.108 of this title.

      2. Conditional uses: None.

      3. Prohibited uses: All other uses not listed above are prohibited, except similar uses in compliance with section 17.08.120 and 17.108.030 of this title.

   2. Minimum parcel or lot size: No parcel of real property in the OWO shall be divided or split into two (2) or more parcels by voluntary transfer, court action, or other conveyance where any one (1) of the parcels so created will be less than twenty (20) acres or a legal one-half of a quarterquarter section except, where larger parcel sizes are required in the principal zone shall apply.

   3. Density: Standards required in the principal zone or one (1) single family residence per twenty (20) acres, whichever is more restrictive.

2. Improvement standards for OWO. For the purposes of insuring adequate protection of water quality within an area designated OWO, the following improvement standards shall be required on all building permits, variances, or subdivision proposals:

   1. Land located within an OWO are designated as "erosion hazard areas" in accordance with provisions of this code with respect to grading.

   2. All development proposals shall require approved percolation tests.

   3. No septic system shall be installed unless such septic system is installed on a specific location wherein an approved percolation test has been conducted in accordance with this code.

3. Amendment standards. Wherever it can be proven that a parcel, or part of a parcel, lies outside the watershed, the Open Watershed Conservation (OWC) shall be modified to exclude that parcel or part of a parcel. The burden of proof is upon the applicant and shall consist of an engineered survey of the watershed line and any information deemed necessary by the planning director. Also, whenever a lot line adjustment or land division is completed where the watershed becomes a surveyed line, the OWC shall be modified to follow the actual watershed boundary. Once the watershed becomes a surveyed line, the county shall initiate an amendment to reflect the modification of the OWC. The development policy and improvement standards of the OWC shall not apply to those lands outside the watershed during the land division or lot line adjustment application process.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Adopted by Ord. 729 Sec. 1 on 10/18/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.64 Airport Overlay (APO) 17.64.010 Airport Overlay (APO)

The Airport Overlay (APO) is an overlay district and is intended to create airport approach zoning regulations for the purpose of promoting the health, safety and general welfare of inhabitants of the county by preventing the creation or establishment of airport hazards, and thereby protecting the lives and property of users of a county airport and of occupants of the land in the vicinity of a county airport and preventing destruction and impairment of the utility of an airport and any public investment therein. Within any specific APO the specific policies, standards and regulations of the Principle Zone with which the APO is combined, are modified in accordance section 17.64.010.A - J below.

1. Development standards for APO. Development standards for the APO shall be as follows:

   1. Uses:

      1. Permitted uses: In addition to the uses allowed by the principal zone the following additional land uses shall be permitted on the airport property, subject to conformity with Federal Aviation Agency (FAA) standards applicable to the particular airport property:

         1. Accessory structures and facilities, including aircraft and aviation accessory sales;

         2. Aircraft fueling facilities;

         3. Aircraft storage, service, and repair hangars;

         4. Lighting, radio, and radar facilities;

2. Runways, taxiways, landing strips, and aprons, grassed or paved;

3. Terminal facilities for passengers and freight.

4. Conditional uses: None.

5. Prohibited uses: The uses permitted by the principal zone shall be modified as follows:

Zone A: No structures are allowed;

Zone B: No industries involved in flammable materials or processes, major public utility distribution centers, or places intended for the general public to gather in which a population density of greater than 50 persons per acre will occur (including hotels, motels, restaurants, bars, churches, schools, hospitals, government services, concert halls, auditoriums, stadiums, arenas, or other uses) are allowed. Maximum structural coverage shall not exceed 50% of the total land area. Clustering of development is encouraged to avoid placing structures within the zone.

Zone C: Residential uses and places of public assembly should be clustered so as to avoid placing structures under the most heavily used flight patterns; (A map showing properties within the Zones A, B, and C is available for public review in the office of the Mariposa County planning department.)

2. Minimum parcel or lot size: Same as the principal zone.

3. Density: Same as the principal zone.

4. Use limitations. No use may be made of land within any primary surface, horizontal surface, conical surface, or transition surface, in such a manner as to create electrical interference with radio communication between the airport and aircraft; make it difficult for pilots to distinguish between airport lights and other lights, use lights which will produce glare in the eyes of the pilots using the airport, impairing pilot visibility, or otherwise endangering the landing, takeoff or maneuvering of aircraft.

ransition surface, in such a manner as to create electrical interference with radio communication between the airport and aircraft; make it difficult for pilots to distinguish between airport lights and other lights, use lights which will produce glare in the eyes of the pilots using the airport, impairing pilot visibility, or otherwise endangering the landing, takeoff or maneuvering of aircraft.

3. Airport Surfaces. In order to carry out the purpose of this chapter, all land within the boundaries of the Mariposa- Yosemite Airport, and other land in the vicinity of the airport is divided into: horizontal surfaces, conical surfaces, transitional surfaces, approach surfaces and primary surfaces, the boundaries of which are on a map designated as the Mariposa- Yosemite Airport surfaces map. The Mariposa-Yosemite Airport surfaces map shall be maintained in the Mariposa County planning department and available for public examination.

4. Definitions. Due to the unique character of the district, the following definitions shall apply to the provisions contained in this Chapter and shall not affect or otherwise alter any other provisions of this Title:

   1. Airport: The Mariposa-Yosemite Airport.

   2. Airport hazard: Any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport, or is otherwise hazardous to such landing or takeoff of aircraft.

   3. Landing area: The area of the airport used for the landing, takeoff, or taxiing of aircraft.

   4. Structure airport: Any object constructed or installed by man, including but not limited to buildings, towers, smokestacks, and overhead lines.

   5. Tree: Any object of natural growth.

   6. Imaginary Surface: A horizontal surface above which objects affect navigable airspace. The imaginary surface is established at the 2,402 feet mean sea level.

   7. Primary Surface: A horizontal surface that extends 200 feet beyond each end of the runway. The elevation at any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

   8. Transition Surface: Laterally from the primary surface to the distance where a one hundred fifty (150) foot height above the primary surface is reached on a 7:1 slope: one hundred fifty (150) feet at the outer perimeters.

   9. Horizontal Surface: The horizontal surface is established by swinging arcs five thousand (5000) feet radii from the center of the ends of the primary surface, and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone shall encompass the area from the outer perimeter of the transition surface to the limits of the five thousand (5000) foot radii and tangents: the elevation of the horizontal surface shall be one hundred fifty (150) feet at all locations.

   10. Conical Surface: Outward from the outer perimeter of the horizontal surface a distance of four thousand (4000) feet on a 20:1 slope: one hundred fifty (150) foot elevation at the inner perimeter to three hundred fifty (350) foot elevation at the outer perimeter.

5. Approach Surface: From the edge of the clear zone at the ends of the runway a distance required to intersect the horizontal zone at a 20:1 slope with the outer edges sloping outward at a 10:1 slope: one hundred fifty (150) feet at the outer perimeter.

6. Height limits. In order to protect the safety of aircraft as well as facilities on the ground the following height limitations are imposed. In areas in which the ground surface lays below the imaginary surface the height of all structures shall be limited to the elevation of the imaginary surface or 35 feet, whichever is less. In areas in which the ground surface penetrates the imaginary surface the height of all structures shall be limited to 35 feet.

7. Exception to height limitations. Nothing in this section shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to twenty-five (25) feet above the surface of the land except in the primary surface.

8. Multiple coverage: Where an area is covered by more than one (1) height limitation, the more restrictive limitations shall prevail except as provided for in item F.

9. Noise standards: New residential development and major renovations to existing residential development (exceeding 50% of the value of the existing dwelling) located within the future (2010) 60-65 CNEL contours (as contained in the Mariposa-Yosemite Airport Comprehensive Land Use Plan) shall provide a noise analysis of their project site to determine the level of noise insulation required to reduce the indoor noise levels to below 45 CNEL and shall incorporate the noise insulation into dwelling construction. The Mariposa-Yosemite Airport noise map shall be maintained in the Mariposa County planning department and available for public examination.

10. Amendments to general plans, specific plans, and zoning ordinances: Any proposed amendment to a general plan, specific plan, or zoning ordinance that affects land uses within the airport influence area boundary must be submitted to the ALUC for a determination of consistency with the Airport Land Use Plan. The ALUC shall provide its findings regarding project consistency to the county reviewing authority prior to public hearings on the project.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 905 Sec. 1 on 9/24/1996

17.65 Scenic Highway Overlay (SHO) 17.65.010 Scenic Highway Overlay (SHO)

The scenic highway overlay zone (SHO) is an overlay district which is intended to be combined with any other district to protect the scenic qualities of public highways or roadways designated a scenic highway by the State of California and/or the board of supervisors. The purpose of this district is to maintain the recreational, social and economic values of the county by protecting and enhancing the designated highway, for the benefit of residents and visitors. This zone will function to promote the overall economic vitality of a district, enhance tourism, and stabilize and increase property values.

1. SHO plan - required review. Except as provided for in this section, no commercial, industrial, multi-family residential, or single family residential use (including home enterprises) shall be established, no development or grading shall occur, no sign shall be installed, and no building or grading permit shall be issued for any use which is located wholly or partially within the SHO district until an application for scenic highway review plan has been submitted to and approved by the planning director in accordance with the procedures and standards established in this chapter. In reviewing and approving an application for scenic highway review, the planning director shall find that the development is harmonious with the scenic quality of the designated highway, complies with all applicable standards pursuant to this chapter, and is consistent with the goals, policies, and standards of the General Plan. Where the applicant can demonstrate to the planning director that the proposed development is not visible from the scenic highway, the project shall be exempt from the requirements of this chapter. In addition, building permits which will not result in any exterior modifications are exempt, as are single family residential developments which do not require a grading permit. .

2. SHO plan - application contents. An application for scenic highway review plan for commercial, industrial or multi-family residential use (including home enterprises not entirely operated within a residential structure) or any use requiring a conditional use permit shall include the following:

   1. A completed commercial, industrial and multifamily dwelling building permit application.

   2. A plot plan drawn to the scale specified by the planning director and other such maps, plans, photographs, drawings and sketches necessary to illustrate the information specified in section 17.08.150 of this title and the following information:

      1. Site vegetation, including trees and shrubs - their approximate location, species, proposed treatment (to be removed or retained), and size (tree measurement to be given as diameter at four (4) feet above ground level, and shrub measurement to be given as overall height);

      2. Rock outcroppings and boulders larger than twenty-four (24) square feet - approximate location, proposed treatment (to be removed or retained) and size (measurement to be calculated by multiplying approximate width by length);

3. Existing topography of scenic highway if scenic highway is immediately adjacent to site;

   4. Signs - materials, colors, and lighting;

   5. Location of all utilities (including existing and proposed electric and communication lines and facilities, and propane tanks), mechanical equipment, dumpsters, and exterior work areas.

   6. Elevations of all sides of the proposed building or structures visible from the scenic highway showing:

      1. Dimensions;

      2. Proposed architectural treatment, building and roofing materials and colors;

      3. Signs;

      4. Lighting;

      5. Mechanical equipment and utilities.

   7. Preliminary grading plan indicating grading necessary for all proposed site development.

   8. The applicant may submit a narrative description of the proposed development to assist in the scenic highway review process. This narrative may describe how the development was designed to be harmonious with the scenic quality of the corridor, and to comply with the design guidelines.

An application for scenic highway review plan for single family residential development (including home enterprises entirely operated within a residential structure) shall include the following:

1. A completed single family dwelling building permit application.

2. A plot plan drawn to the scale specified by the planning director which illustrates the information specified in section 17.08.140 of this title, and the location of existing and proposed electric and communication lines and facilities.

3. Preliminary grading plan indicating grading necessary for all proposed site development.

4. SHO plan application - processing procedures. Upon receipt of a scenic highway review plan application, the planning department shall, within five (5) working days determine whether the application is complete. Upon acceptance of the application as complete, the planning director shall consider the scenic highway review plan and act to approve, conditionally approve, or deny the scenic highway review plan within thirty (30) days. The planning director's action shall be based upon the findings and standards listed in section 17.65.010(A) of this chapter. The planning commission's action on uses subject to a conditional use permit shall also be based upon the findings listed in section 17.65.010(A) of this chapter. The planning director shall provide specific findings if a scenic highway review plan is denied. Determinations made regarding a scenic highway review plan application may be appealed in accordance with Chapter 17.136 of this title.

5. Development standards for the SHO.

   1. Uses and general development standards: permitted, conditional and prohibited uses shall be as set forth in the principal zone, with the following exceptions:

6. The following uses shall be permitted within the scenic highway overlay: (1) Commercial timber harvesting, when in compliance with the standards for special treatment areas established by Title 14, California Administrative Code, Section 953.4 and other appurtenant sections; and upon approval by the planning director of a timber harvest plan as described in Public Resources Code 4582.

   2. The following uses shall be conditional within the scenic highway overlay:

      1. Mining, mineral and construction material processing.

      2. Outdoor storage.

      3. Portable sawmills.

      4. Communications and transmission towers.

      5. Rural home industries.

   3. The following uses shall be prohibited within the scenic highway overlay:

   4. Off-site signs.

   5. Minimum parcel or lot size: As established by the principal zone.

   6. Density: As established by the principal zone.

   7. Setbacks, building height, parking and other applicable development standards: As established by the principal zone and/or the additional standards contained within this chapter.

   8. In the instance that a permitted use and/or development standard of the principal zone conflicts with a standard of the Scenic Highway Overlay Zone, the more restrictive standard shall apply.

7. Special development standards for multi-family residential, commercial and industrial uses within the SHO. All multi-family residential, commercial and industrial development (including home enterprises not entirely operated within a residential structure) in the SHO district shall comply with the following standards:

   1. Site development standards.

      1. Minimize grading by utilization of multiple parking areas and multiple or stepped buildings which conform to the natural topography; and by design of access and interior roads or routes which conform to the natural topography.

      2. All earthmoving activities which expose soil surfaces shall be followed by application of soil stabilization and revegetation measures to prevent erosion and revegetate exposed surfaces revegetation and soil stabilization methods as recommended by the soil conservation service or the Mariposa County resource conservation district shall be required.

      3. Preserve significant natural features which contribute to the corridor's scenic quality including vegetation, boulders and rock outcroppings, natural waterways and drainages, and existing topography or topographic features. Incorporation of these natural features into the proposed site grading and development is encouraged.

      4. The minimum open space required per parcel shall be determined by parcel size and topography as follows: Open space required Open space required

5. Location and grouping of buildings, structures, and site development shall have an appropriate scale which is harmonious with the scenic quality of the corridor and the area immediately surrounding the parcel.

   6. Location of structures shall not unnecessarily obstruct scenic views from the designated highway, including all views of rivers and streams.

   7. A transition area shall be required from the designated highway to buildings and structures to minimize the views of the buildings or structures from the scenic highway. Use of existing topography, existing vegetation, and landscaping are appropriate within this area to achieve this standard.

   8. All utilities, with the exception of propane storage, shall be located underground within the project parcel.

   9. Refuse storage areas, dumpsters, service yards, exterior work areas, mechanical equipment and propane tanks shall be screened from view from the designated highway by landscaping or other methods which meet the standards established for this district.

   10. Exterior lighting shall be designed to minimize all off-site impacts. Methods to minimize impacts may include, but not be limited to, such details as directing light fixtures downward, and locating fixtures so that the sphere of lighting is entirely on-site.

   11. All proposed new construction of electric and communication distribution facilities which are within one thousand (1,000) feet from each edge of the right-of-way of the designated highway shall be located underground if those facilities would be visible from the designated highway if erected above ground. This requirement shall not apply to the upgrading of existing above ground lines, or to the installation of additional lines on existing poles which support operating lines. An exception to this requirement may be granted upon a finding by the planning director that such undergrounding is infeasible and inconsistent with sound environmental planning. Standards which may be required as conditions of the exception include, but are not limited to, the following:

   12. Avoid prominent ridge lines and barren sides of mountains or hills;

   13. Keep alignment along the bottom or lower slopes and valleys between hills;

   14. Avoid crossing hill contours at right angles; avoid steep grades which expose the right-of-way to view from the designated highway. Substations, padmount transformer facilities, and similar padmount equipment operating within the distribution facility voltages may be located above ground, but shall not be visible from the scenic highway.

6. Building and structure design.

   1. Buildings and structures include all buildings, fences, walls, retaining walls, signs, and other structural elements on-site.

7. Buildings, structures, and appurtenant mechanical and electrical equipment shall be designed so as to minimize their visual impact on the scenic highway. Materials and colors selected for the exterior of all buildings, structures and equipment shall blend with the natural colors of the surrounding environment. Use of natural materials such as wood and stone shall be encouraged. Reflective materials shall be prohibited.

8. Landscaping.

   1. Landscaping shall include existing and planned vegetation, berms, and irrigation systems.

      2. Landscaping shall screen views of site development from the scenic highway and shall be used to revegetate soils exposed by grading activities. Vegetation utilized for screening shall be equally effective at all times of the year.

      3. Utilization of indigenous and/or water conserving plants shall be strongly encouraged. Utilization of plants which are susceptible to insects and disease shall be prohibited.

      4. Landscaping shall be required for all new parking lots where the aggregate size of all new parking lots on the parcel is greater than two thousand (2,000) square feet, or expansion of existing parking lots which exceed fifty percent (50%) of the original parking lot size.

      5. A differentiation between requirements for parking lot perimeter landscaping and interior landscaping is made in these standards. The purpose of perimeter landscaping is to screen parking areas and vehicles utilizing parking areas from the designated highway. The purpose of interior landscaping is to break up the expanse of paved or graveled surfaces. Where the applicant can demonstrate that the proposed parking area and vehicles utilizing the proposed parking area are not visible from the designated highway, no perimeter or interior landscaping shall be required.

      6. Planting areas for perimeter landscaping shall be designed so as to maximize the effectiveness of the landscaping as a screen. Plant species and spacing shall be chosen such that full screening from the road is achieved within five (5) years of project completion. Planting areas for perimeter landscaping shall be a minimum of three (3) feet wide.

      7. Planting areas for interior landscaping shall be designed to break up the surface of parking areas. The minimum area for interior landscaping shall be ten percent (10%) of the total parking area, including drive aisles, curbs and gutters.

      8. Shrub materials shall be a minimum of five (5) gallons in size at the time of planting. Trees shall be selected from the planning department's approved tree list, and shall be a minimum of fifteen (15) gallons in size at the time of planting. Landscaping plans shall consider the full growth of vegetation.

      9. Landscaping shall be designed so that it will not obstruct sightlines necessary for safe vehicular and pedestrian circulation, and will not interfere with public utilities.

      10. Planting areas subject to damage from pedestrian or vehicular traffic shall be protected by curbing, fencing or walls.

9. Provisions for irrigation shall be provided within all landscaped areas where necessary. Drip irrigation systems shall be encouraged as a water conservation measure.

   12. The property owner shall be responsible for the maintenance of all landscaping in good condition so as to present a healthy, neat and orderly appearance for the life of the development. Dead or diseased plants shall be immediately replaced with plants which meet size requirements. Grades for berms used in perimeter landscaping areas shall not exceed thirty-three percent (33%).

10. Sign standards.

    1. Low lying monument signs are encouraged. Signs attached to buildings shall not extend more than sixteen (16) inches from the face of the building and shall not extend above the roofline of the building.

    2. If all signs on a parcel are constructed of natural materials such as wood or stone, the maximum aggregate area for all signs shall be one hundred and twenty (120) square feet per parcel. If one or more signs on a parcel are not constructed of natural materials, the maximum aggregate area for all signs shall be sixty-four (64) square feet per parcel. Smaller signs may be required depending upon scale and type of development.

    3. Signs for home enterprises and rural home industries shall have a maximum area of sixteen (16) square feet. One sign for home enterprises shall be permitted per parcel.

    4. Temporary political, election, or campaign signs are discussed in section 17.108.190.G.

    5. Maximum aggregate area of signs advertising the sale, lease or rental of use of parcel or of parcel itself shall be sixteen (16) square feet. These signs shall contain no outline tubing, flashing lights or moving parts. These signs shall be required to comply with all standards of this chapter if displayed for longer than six (6) months.

    6. Signs shall not contain any flashing or intermittent lights, or any parts which are moving or appear to be moving. No sign shall be directly or indirectly illuminated by artificial light which is not maintained stationary and constant in color and intensity at all times when in use.

    7. One free standing sign shall be permitted per business providing the sign meets all other standards of this section. The height of free standing signs shall be limited to twenty (20) feet.

    8. Signs used as directional and informational aids which are approved (if necessary) by the U.S. Forest Service, Caltrans or the county for concessionaires, private commercial recreation facilities and public recreation facilities shall be considered appurtenant on-site signs if located within a reasonable distance of the access road to these facilities.

    9. Federal, State, and County signs shall not require review pursuant to this title.

    10. Temporary signs, including but not limited to banners and flag signs are expressly prohibited within the scenic highway overlay district. Sandwich board signs are not considered temporary signs.

11. Sandwich board signs shall only be displayed during regular business hours and shall be maintained in good repair. A maximum of two (2) sandwich board signs are allowed per business. Sandwich board signs are not counted toward allowed sign area established by other sections of this code.

12. Special development standards for single family residential uses within the SHO All single family residential development in the SHO district (including home enterprises entirely operated within a residential structure) shall comply with the following standards:

    1. Site development standards.

       1. Site development standards 1(a), 1(b), 1(c), and 1(k) as listed in subsection E of section 17.65.010 of this chapter shall apply to all single family residential development within the SHO district.

    2. Sign standards.

       1. Signs for home enterprises shall have a maximum area of sixteen (16) square feet. One sign for home enterprises shall be permitted per parcel.

       2. All other standards as listed in subsection B of section 17.65.010 of this chapter shall apply to signs for home enterprises.

13. SHO - Nonconforming uses and structures. Nonconforming uses and structures within the SHO district shall comply with the provisions of section 17.08.020 of this title, except as modified below:

    1. A nonconforming use or structure may be expanded through approval of a site plan application processed in conformance with sections 17.08.140, 17.08.150, and 17.08.160 of this title, and through approval of a scenic highway review plan processed in conformance with this

chapter. All exterior modification of a nonconforming use or structure must comply with the provisions of the scenic highway overlay.

2. If the use of a building or premises does not conform to the land use regulations of this district, and that use is discontinued for a period of twelve (12) consecutive months, any subsequent use of the building or premises for that nonconforming use shall conform to the regulations of this district, and the principal zone in which it is located.

3. When a building or other structure which does not conform to the provisions of this title is damaged or destroyed, it may be reconstructed, repaired or rebuilt to accommodate its original use, including nonconforming uses. Such reconstruction, restoration, or rebuilding shall conform to the provisions of this title, and all other existing applicable policies, and regulations, and shall require the submission and approval of a scenic highway review plan.

HISTORY

Adopted by Ord. 801 Sec. I on 4/9/1991 Adopted by Ord. 1070 Sec. I on 5/25/2010 Adopted by Ord. 1092 Sec. I on 12/4/2013 17.66 Design Review Overlay (DRO) 17.66.010 Design Review Overlay Zone (DRO)

The Design Review Overlay Zone (DRO) is an overlay district which is intended to be combined with any other district in which it is determined desirable to protect the overall appearance of the district by regulating the design of new structures and changes in the appearance of existing structures. The purpose of this district is to ensure that proposed buildings, structures, signs, and landscaping and modifications to buildings, structures, signs, and landscaping within these areas are in harmony with the surrounding areas. The intent of the zone is to enhance tourism and to stabilize and increase property values. This district may be applied to areas containing public or private buildings and lands exhibiting unique architectural themes and/or scenic beauty.

1. Development standards for the DRO. Development standards for the DRO shall be as follows:

   1. Uses: Permitted, conditional and prohibited uses shall be as set forth in the principal zone.

   2. Minimum parcel or lot size: As established by the principal zone.

   3. Density: As established by the principal zone.

   4. Setbacks, building height, parking and other applicable development standards: As established by the principal zone.

2. Special development standards for the DRO. Development in the DRO district shall conform to architectural theme and development guidelines established by the board of supervisors pursuant to Subsection (G) of section 17.66.010 of this chapter. In reviewing and approving the application for design review, the planning director shall find that the application complies with the architectural theme and development guidelines established by the board of supervisors. In the instance that a special development standard established by this section conflicts with a development standard of the principal zone, the special development standard established by this section shall apply.

3. DRO plan review-required. Except as provided in this section, no commercial, industrial or multi-family residential use shall be established, no development shall occur, no exterior advertising display installed and no building or grading permit shall be issued for any commercial, industrial or multi-family residential use or development in the DRO district until an application for design review plan has been submitted to and approved by the planning director in accordance with the procedures established in this section.

4. DRO plan-application contents. An application for design review shall include the following:

   1. A completed commercial, industrial and multifamily dwelling building permit application form. Complete construction drawings are not necessary for the design review process.

   2. A plot plan drawn to the scale specified by the planning director which contains the information specified in section 17.08.150 of this title.

   3. Elevations of all sides of the proposed building or structures showing:

      1. Dimensions of the buildings or structures.

      2. Proposed architectural treatment, building materials and colors.

      3. Roof design and materials.

5. Size and spacing of windows, doors, and other openings.

   5. Signs.

   6. Exterior lighting.

   7. Exterior mechanical equipment and above ground utilities. An exemption from the requirement for providing elevations of all sides of the proposed building or structure may be allowed where it can be shown to the satisfaction of the planning director that certain sides of the building/structure are not visible from public property or public rights-of-way. In this instance the elevations of the sides not visible are not required.

   8. Preliminary grading plan indicating grading necessary for the proposed structures, access roads and parking areas. The plan shall indicate the location, height and grade of all cut and fill banks necessary for the proposed project.

   9. A narrative description of the proposed development and how it was designed in accordance with the applicable architectural theme and design guidelines may be submitted to assist in the design review process.

6. DRO plan-application processing procedures. A pre-application meeting with the planning department to discuss a proposed project and the applicable design review standards is strongly encouraged. Upon receipt and acceptance of a design review plan application as complete, the planning department shall, within five (5) days, refer such application to the design review committee appointed by the board of supervisors having jurisdiction over the area in which the development is proposed. The design review committee shall formulate a recommendation to approve, conditionally approve or deny the design review plan within fourteen (14) days of the receipt of a completed application from the planning department. In the instance that no design review committee has been appointed or the appointed design review committee fails to formulate a recommendation by majority vote, the planning director shall consider the design review plan. The planning director shall consider the design review plan application along with the recommendation and act to approve, conditionally approve or deny the application. Action on the design review plan shall occur within five (5) days of receipt of the recommendation from the design review committee. The planning director's action shall be based on the findings listed in subsection 17.66.010(B) of this section. The planning director shall provide specific written findings if a design review plan is denied.

7. DRO plan application-review exemption.

8. The planning director may approve an exemption from review by the design review committee where it can be determined that the proposed development is of a small scale (generally less than 5000 sq. ft.) or is a minor alteration or expansion of an existing development that clearly complies with all of the special development standards established pursuant to this section by the board of supervisors for the affected area. For the purpose of this subsection a minor alteration or expansion is defined as an alteration that will not significantly modify the exterior appearance of the structures and/or site. The applicant shall be required to submit the information required by subsection 17.66.010(D) of this section in order to justify the exemption.

   2. An emergency shelter that is proposed to be located within a DRO zone shall be except from the DRO application review. Such shelters shall be developed in accordance with the emergency shelter standards contained in section 17.336.130.

9. Establishment of architectural theme and development guidelines for DRO districts. The board of supervisors shall establish an architectural theme and development guidelines for each DRO district established pursuant to this section. The standards shall provide guidelines for development in accordance with the special development standards established by subsection 17.66.010(B) of this section. The standards may be adopted separately or as part of a specific plan for an area and shall be adopted by resolution or ordinance.

HISTORY

Adopted by Ord. 774 Sec. 1 on 6/12/1990 Amended by Ord. 912 Sec. II on 1/7/1997 Adopted by Ord. 1090 Sec. VIII on 8/7/2012

17.67 Historic Design Review Overlay (HDRO)

17.67.010 Historic Design Review Overlay (HDRO) Procedures 17.67.020 Demolition Within An HDRO District And Designated Historic Sites And Structures In The Mariposa Town Planning Area

The Historic Design Review Overlay Zone (HDRO) is an overlay district which is intended to be combined with any other district located in an area containing a substantial number of historic buildings where it is determined desirable to protect the overall appearance and integrity of the district by preserving existing structures and regulating the design of new structures and changes in the appearance of existing structures. The purpose of this district is to ensure that proposed buildings, structures, signs, and landscaping and modifications to buildings, structures, signs, and landscaping within these areas are in harmony with the historic nature of the district. The intent of the zone is to promote the overall economic vitality of a district, enhance tourism and to stabilize and increase property values. This district may be applied to areas containing public or private buildings determined to be historically significant.

1. Development standards for the HDRO.

   1. Uses: Permitted, conditional and prohibited uses shall be as set forth in the principal zone.

   2. Minimum parcel or lot size: As established by the principal zone.

   3. Density: As established by the principal zone.

   4. Setbacks, building height, parking requirements and other applicable development standards: As established by the principal zone.

2. Special development standards for the HDRO. Development in the HDRO district shall conform to architectural theme and development guidelines established by the board of supervisors pursuant to subsection 17.67.010(G) of this chapter. In reviewing and approving the application for design review, the planning director shall find that the application complies with the architectural theme and development guidelines established by the board of supervisors. In the instance that a special development standard established by this section conflicts with a development standard of the principal zone, the special development standard established by this section shall apply.

3. HDRO plan review-required. Except as provided in this section, no commercial, industrial or residential use shall be established, no development shall occur, no exterior advertising display shall be installed and no building and grading permit shall be issued for any commercial, industrial or residential development in the HDRO district until an application for design review plan has been submitted to and approved by the planning director in accordance with the procedures established in this section.

4. HDRO plan-application contents. An application for design review shall include the following:

   1. A completed commercial, industrial and multifamily dwelling building permit application form. Complete construction drawings are not necessary for the design review process.

   2. A plot plan drawn to the scale specified by the planning director which contains the information specified in section 17.08.150 of this title.

   3. Elevations of all sides of the proposed building or structure showing:

      1. Dimensions of the buildings or structures.

5. Proposed architectural treatment, building materials and exterior colors.

   3. Roof design and materials.

   4. Size and spacing of windows, doors, and other openings.

   5. Signs.

   6. Exterior lighting.

   7. Exterior mechanical equipment and above ground utilities. An exemption from the requirement for providing elevations of all sides of the proposed building or structure may be allowed where it can be shown to the satisfaction of the planning director that certain sides of the building/structure are not visible from public property or public rights-of-way. In this instance the elevations of the sides not visible are not required.

   8. Preliminary grading plan indicating grading necessary for the proposed structures, access roads and parking areas. The plan shall indicate the location, height and grade of all cut and fill banks necessary for the proposed project.

   9. Narrative description of the proposed development and how it was designed in accordance with the architectural theme and design guidelines established by the board of supervisors.

6. HDRO plan-application processing procedures. A pre-application meeting with the planning department to discuss a proposed project and the applicable design review standards is strongly encouraged. Upon receipt and acceptance of a design review plan application as complete, the planning department shall, within five (5) days, refer such application to the design review committee appointed by the board of supervisors having jurisdiction

over the area in which the development is proposed. The design review committee shall formulate a recommendation to approve, conditionally approve or deny the design review plan within fourteen (14) days of the receipt of a completed application from the planning department. In the instance that no design review committee has been appointed or the appointed design review committee fails to formulate a recommendation by majority vote, the planning director shall consider the design review plan. The planning director shall consider the design review plan application along with the recommendation and act to approve, conditionally approve or deny the application. Action on the design review plan shall occur within five (5) days of receipt of the recommendation from the design review committee. The planning director's action shall be based upon the findings listed in subsection 17.67.010(B) of this section. The planning director shall provide specific findings if the design review plan is denied.

t to approve, conditionally approve or deny the application. Action on the design review plan shall occur within five (5) days of receipt of the recommendation from the design review committee. The planning director's action shall be based upon the findings listed in subsection 17.67.010(B) of this section. The planning director shall provide specific findings if the design review plan is denied.

6. HDRO plan application-review exemption. The planning director may approve an exemption from review by the design review committee where it can be determined that the proposed development is a minor alteration or expansion of an existing development that will not affect the achievement of the architectural and design review goals established by the board of supervisors for the affected area. For the purpose of this subsection a minor alteration or expansion is defined as less than ten percent (10%) of the existing building size that will not significantly modify the exterior appearance of the structures and/or site. The applicant shall be required to submit the information required by subsection 17.67.010(D) of this section in order to justify the exemption.

7. Establishment of architectural theme and development guidelines for HDRO districts. The board of supervisors shall establish an architectural theme and development guidelines for each HDRO district established pursuant to this section. The standards may be adopted separately or as part of a Specific Plan for an area and shall be adopted by resolution or ordinance.

HISTORY

Adopted by Ord. 912 Sec. II on 1/7/1997

17.67.020 Demolition Within An HDRO District And Designated Historic Sites And Structures In The Mariposa Town Planning Area

1. Demolition permit required. Except as provided in this section no building or structure identified by the county as historically significant as shown in Appendix C of the Mariposa Town Planning Area Specific Plan, or within a designated historic design review overlay zone (HDRO), shall be demolished without first obtaining approval from the planning director.

2. Demolition permit-review findings. No permit shall be issued to demolish or cause to be demolished any building, structure or portion thereof that has been identified by the county as historically significant within any historic design review overlay district unless:

   1. The planning director determines that the building or structure has no historical value or significance and does not contribute to the historical character of the district; or

   2. The planning director determines that the owner would have no economic use of the property unless the structure is removed. It is the applicant's responsibility to submit to the county financial data to substantiate such claim, including the cost, assessed value, taxes, appraisals, listings and income from the property; or

   3. The planning director determines that the structure or building is in such a deteriorated condition that it is determined to be unrepairable and that demolition will not have a significant effect on the achievement of the purpose of this title; or

3. The planning director determines, upon consultation with the chief building inspector, county engineer, county fire warden or other appropriate individuals that an imminent safety hazard exists, and that demolition is the only feasible means to secure the public safety. The director's determination in this matter shall be guided by the standards and criteria set forth in the current editions of the Uniform Building Code, Uniform Fire Code and State Historic Building Code.

4. Demolition permit-application processing procedures. Consideration of a demolition permit shall follow the procedures outlined in section 17.67.010(E) of this title.

5. Demolition permit-action. After review of all pertinent information the planning director shall exercise one of the options listed below:

   1. Approve the demolition permit if the application conforms with one of the findings listed in subsection 17.67.020(B).

   2. Direct a stay of demolition for a maximum period of four (4) weeks in order to allow time for the applicant and the planning director to seek alternative solutions to demolition. If no alternatives are found, after the period established for the stay of demolition, the director may approve the application.

   3. Deny the application if the findings listed in subsection 17.67.020(B) cannot be made.

HISTORY

Adopted by Ord. 774 Sec. 2 on 6/12/1990 Amended by Ord. 904 Sec. 1 on 9/24/1996

17.68 Residential Exclusive Overly One (REO-1)

17.68.010 Residential Exclusive Overlay One (REO-1)

The Residential Exclusive Overlay One Zone (REO-1) is an overlay district which is intended to be applied to land utilized, or proposed to be utilized, exclusively for single family residential uses. Within any REO-1 zone, the specific policies, standards and regulation of the principal zone, with which the REO1 zone is combined, are modified in accordance with the following sections.

1. Development standards for REO-1. Development standards for the REO-1 shall be as follows:

   1. Uses:

      1. Permitted uses: Principal zone district use standards are modified to the extent that the only uses permitted are: residential uses; the keeping of domestic animals; accessory buildings and structures; utility transmission and distribution lines, towers and poles.

      2. Conditional uses: None.

      3. Prohibited uses: All uses listed in section 17.108.200 of this title and other uses not listed above, including agriculture, are prohibited, except similar uses in compliance with section 17.108.120 and 17.108.030 of this title.

   2. Implementation:

   3. Major or minor subdivisions: An REO-1 may be requested by a developer at the time a subdivision map and application are submitted to the planning department.

   4. Existing residential parcels: Any property owner or owners may request an REO-1 providing that all affected parcels are contiguous and all owners sign the application requesting the REO-1. No parcel will be subject to an REO-1 unless the owner of record requests it.

2. Minimum parcel or lot size: Same as the principal zone.

3. Density: Same as the principal zone.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Adopted by Ord. 912 Sec. I on 1/7/1997 Amended by Ord. 1086 Sec. III on 12/20/2011 17.72 Residential Exclusive Overlay Two (REO-2) 17.72.010 Residential Exclusive Overlay Two (REO-2)

The Residential Exclusive Overlay Two (REO-2) Zone is an overlay district which is intended to be applied to land utilized, or proposed to be utilized, exclusively for single family residential uses. Within any REO-2 zone, the specific policies, standards and regulation of the principal zone, with which the REO-2 zone is combined, are modified in accordance with the following sections.

1. Development standards for REO-2. Development standards for the REO-2 shall be as follows:

   1. Uses:

      1. Permitted uses: Principal zone district use standards are modified to the extent that the only uses permitted are: residential uses; the keeping of domestic animals; accessory buildings and structures; utility transmission and distribution lines, towers and poles, and personal service businesses in which the residents are the only employees.

      2. Conditional uses: None.

      3. Prohibited uses: All uses listed in section 17.108.200 of this title and other uses not listed above, including agriculture, are prohibited, except similar uses in compliance with section 17.108.120 and 17.108.030 of this title.

   2. Implementation:

      1. Major or minor subdivisions: An REO-2 may be requested by a developer at the time a subdivision map and application are submitted to the planning department.

      2. Existing residential parcels: Any property owner or owners may request an REO-2 providing that all affected parcels are contiguous and all owners sign the application requesting the REO-2. No parcel will be subject to an REO-2 unless the owner of record requests it.

   3. Minimum parcel or lot size: Same as the principal zone.

   4. Density: Same as the principal zone.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Adopted by Ord. 912 Sec. II on 1/7/1997 Amended by Ord. 1086 Sec. III on 12/20/2011

17.76 Neighborhood Commercial Zone-1 (INDOOR) CN-1

17.76.010 Purpose And Intent

17.76.020 Development Standards For CN-1 17.76.030 Minimum Setback Standards

The Neighborhood Commercial Zone-1, (Indoor) CN-1, hereinafter referred to as CN-1, is designed to provide for indoor retail services primarily related to the needs of the small residential community.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.76.020 Development Standards For CN-1

Development standards for the CN-1 shall be as follows:

1. Uses:

1. Permitted Uses: The following indoor uses shall be permitted within any CN-1 zone:

   1. Office and Professional Uses:

      1. Administrative, doctors, dental, stockbrokers, attorneys, accountants, real estate, and other similar professional offices;

      2. Libraries and reading rooms;

      3. Photographers' studios and supplies;

      4. Urgent care facilities.

   2. Retail Sales:

      1. Antique and gift shops;

      2. Auto parts--new or reconditioned;

      3. Art galleries and studios;

         4. Clothing, drug, food, beverage, hardware, paint, nursery stock, feed, radio, television, furniture, appliance, sporting goods, camping supplies, and variety stores.

      4. Services:

         1. Barber and beauty shops;

         2. Banks and similar financial institutions;

         3. Shoe repair shops;

         4. Travel agencies, tourist information centers and other related services;

         5. Locksmiths, gunsmiths, and other similar uses;

         6. Convenience printing and duplicating services.

         7. Animal hospitals and veterinary services.

      5. Other permitted uses: Residential and those applicable uses listed under Chapter 17.108 of this title.

   3. Accessory uses: Water and wastewater treatment facilities and systems in conjunction with an established permitted use.

   4. Conditional uses: None.

   5. Prohibited uses: All uses listed in section 17.108.200 of this title and other uses not listed above are prohibited, except similar uses in compliance with section 17.108.120 and 17.108.030 of this title.

2. Minimum parcel or lot size: No parcel or real property shall be divided or split into two (2) or more parcels or lots by voluntary transfer, court action, or other conveyance where any one (1) of the parcels or lots so created will result in a parcel or lot which does not conform with the following:

   1. Have a minimum size of two and one-half (2 1/2) acres (exclusive of easements).

   2. Have a minimum size of one (1) acre (exclusive of easements) if a public or community water or sewer system provides services to the parcel or lot and slope of the parcel or lot does not exceed fifteen percent (15%) average slope. Average slope is expressed in percent as a ratio of vertical rise to horizontal distance on a specific area of land. Determinations are to be based on normally acceptable methods subject to approval by the planning department.

s) if a public or community water or sewer system provides services to the parcel or lot and slope of the parcel or lot does not exceed fifteen percent (15%) average slope. Average slope is expressed in percent as a ratio of vertical rise to horizontal distance on a specific area of land. Determinations are to be based on normally acceptable methods subject to approval by the planning department.

3. The applicant shall show that such water and waste disposal system developed on said parcel or lot meets all laws and standards of the state of California and the county of Mariposa, and shall provide evidence that such community or public service is available, or will be developed where required under provisions of this section.

4. Density: One (1) single family residence per legal parcel.

5. Signs:

   1. The following signs shall be permitted in the CN- 1 zone:

      1. Temporary signs not exceeding sixteen (16) sq. ft. The term of such signs shall be the term of the special event and shall not exceed six (6) months, or the term of time the property is offered for sale or lease.

   2. Signs complying with the standards of this title and advertising the business or services located on the parcel upon which the sign is located.

   3. Sign standards:

      1. The aggregate sign area for any business shall be 1 sq. ft. of sign area per one (1) lineal foot of the business frontage with a maximum sign area of thirty-two (32) square feet. A business within a building having frontage on more than one (1) public right-of-way may use the maximum aggregate sign area on one frontage and one-half (1/2) the maximum aggregate sign area on the other frontage with a maximum sign area of forty-eight (48) square feet.

      2. Signs shall be incorporated into the building design and shall not extend above the peak of the roof of the building upon which the sign is located. A monument sign shall be allowed as an alternative to or in addition to the building.

      3. In addition to the maximum aggregate sign area, commercial centers having a common name and containing three (3) or more business entities may contain a monument sign not exceeding thirty-two (32) square feet and six (6) ft. in height. The monument sign shall only identify the complex and shall not be used to advertise the individual businesses.

6. Larger signs for “large scale development” may be considered if they comply with all of the standards within this paragraph. The allowance of larger signs for “large scale development” shall be based on the building square footage. Businesses which are over 10,000 square feet in size (gross floor area as established by either the building permit plans for the building or as established by the assessor/recorder files) shall be “large scale development”. In the case of a multi-story building, the square footage of each story or floor shall be included in the calculation of the total gross floor area. Large scale development businesses shall be allowed an additional 32 square foot of advertising signage. The additional advertising signage for large scale development businesses allowed by this paragraph shall be located on the face of the building. A business which utilizes the additional sign area permitted for “large scale” development by this section is not entitled to the additional sign area permitted by 17.76.020D.2.b.

7. Lighting:

8. All exterior lighting shall be designed and located so as to confine lighting directly on the premises and shall not shine light upon other properties in the vicinity. A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted. Lighting shall not be of the type or in a location which constitutes a hazard to vehicular traffic, either on private property or on abutting private or public roads.

9. A lighting plan showing the design and location of all exterior lights shall accompany all development permit applications and shall include all information deemed necessary by the planning director. The lighting plan shall be approved by the planning director prior to issuance of the development permit. All exterior lighting shall comply with the approved lighting plan, and non-compliance with the approved lighting plan or this section shall be considered a violation.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Adopted by Ord. 800 Sec. II on 4/2/1991 Adopted by Ord. 912 Sec. II on 1/7/1997 Amended by Ord. 1086 Sec. I on 12/20/2011 Adopted by Ord. 1087 Sec. II on 1/17/2012 Adopted by Ord. 1092 Sec. II on 12/4/2013 17.76.030 Minimum Setback Standards

The minimum setback standards for CN-1, shall be the same as those listed in section 17.108.130(A), but notwithstanding anything to the contrary, there shall be a minimum setback of fifty (50) feet from any property line that abuts a residential zone.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.80 Neighborhood Commercial Zone-2, (Indoor And Outdoor) CN-2 17.80.010 Purpose And Intent 17.80.020 Development Standards For CN-2 17.80.030 Minimum Setback Standards

The neighborhood commercial zone-2 (indoor and outdoor) CN-2, hereinafter referred to as CN-2, is designed to provide for indoor and outdoor retail services primarily related to the needs of the small residential community.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.80.020 Development Standards For CN-2

Development standards for the CN-2 shall be as follows:

1. Uses:

1. Permitted uses: The permitted uses in the CN-1 shall also be allowed in the CN-2. In addition the following indoor and outdoor uses shall be permitted within any CN-2. Outside sales or services shall be permitted only when an integral part of the primary use:

   1. Retail sales:

      1. Radio, television, furniture, appliance sales and repair; and

      2. Food and beverage store, with or without fuel pumps.

   2. Services:

      1. Cafes and restaurants that may sell alcoholic beverages;

      2. Day care and preschools;

      3. Automobile rental; and

      4. Laundromats and dry-cleaning.

   3. Public facilities and utility substations or offices.

   4. Miscellaneous indoor handicrafts manufacturing for the purpose of retail sales at the site where they are manufactured.

   5. Other permitted uses: Residential and those applicable uses listed under Chapter 17.108.

2. Accessory uses: Water and wastewater treatment facilities and systems in conjunction with an established permitted use.

3. Conditional uses: Self-storage facilities.

4. Prohibited uses: All uses listed in section 17.108.200 of this title and other uses not listed above are prohibited, except similar uses in compliance with section 17.108.120 and 17.108.030 of this title.

5. Minimum parcel or lot size: The minimum parcel or lot size shall be as stated in section 17.76.020(B).Density: One (1) single family residence per legal parcel.

6. Density: One (1) single family residence per legal parcel.

7. Signs: The standards for signs in the CN-2 zone shall be as specified in section 17.76.020 of this title.

8. Lighting: The standards for lighting in the CN-2 zone shall be as specified for the CN-1 zone listed in section 17.76.020(D) of this title.

9. Site development for self-storage:

   1. Lot coverage.

      1. Maximum lot coverage: thirty-five (35) percent of the gross land area.

10. Lighting for self-storage facilities: The board of supervisors finds that preserving rural character means requiring lighting practices and systems that will minimize light pollution and glare, conserve energy and resources, and restrict the degradation of the night sky while maintaining nighttime safety, utility, security and efficiency.

    1. All building lighting for security or aesthetics will be a fully shielded type, and installed and maintained such that shielding does not allow any upward distribution of light. Floodlighting is discouraged, and if used shall be shielded to prevent:

       1. Disability glare for drivers or pedestrians;

       2. Light trespass beyond the property line; and

11. Light visible above a 90 degree horizontal plane. Wall pack type fixtures are not acceptable.

    2. All exterior lights and illuminated signs shall be designed, located, installed, and directed in such a manner as to prevent objectionable light at (and glare across) the property lines and disability glare at any location off the property.

    3. The applicant for any permit for work involving outdoor lighting fixtures governed by this section shall submit, as part of the site plan, evidence that the proposed lighting plan complies with this section. This information shall contain and not be limited to the following: 1. The location, lamp type and lumens, of each fixture;

       2. The height of each fixture; and

       3. The area to be lit by each outdoor lighting fixture.

12. Landscaping: The board of supervisors finds that preserving rural character means requiring landscaping standards that reflect the character of the surrounding area and ensure development is reasonably compatible with adjacent property.

    1. Utilization of indigenous or water conserving vegetation is required. Using existing vegetation shall be required to meet required screening or for intervening landscaping purposes.

13. Within 5 years of planting, vegetation shall be in place effectively breaking up the bulk, mass, and length when the storage buildings are viewed from adjoining residential properties and roadways.

    1. Views from adjoining residential properties shall be substantially screened during all seasons.

14. A combination of trees and shrubs as approved by the planning department shall be used around the perimeter of the facility for screening purposes.

    1. All trees in the perimeter landscaping shall be a minimum of 5 gallons in size.

15. Permanent irrigation systems shall be provided in all landscaping areas.

16. The landscaping plan shall be detailed on the site plan.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 800 Sec. II on 4/2/1991 Adopted by Ord. 912 Sec. II on 1/7/1997 Amended by Ord. 984 Sec. I on 4/8/2003 Amended by Ord. 1086 Sec. I on 12/20/2011

17.80.030 Minimum Setback Standards

The setback standards shall be the same as those stated in section 17.108.130(A), but notwithstanding anything to the contrary, there shall be a minimum setback of fifty (50) feet from any property line that abuts a residential zone.

HISTORY

Adopted by Ord. 704 Sec. I on 3/8/1988

17.82 Business District Overlay (BDO)

17.82.010 Purpose And Intent 17.82.020 Development Standards For BDO-GH 17.82.030 Minimum Setback Standards

The Greeley Hill business district overlay (BDO-GH), hereinafter referred to as BDO, is an overlay district which is intended to be combined with the town planning area (TPA) district to provide a location for a commercial and light industrial core within the Greeley Hill town planning areas. Development standards are established to ensure that structures and site development are compatible with surrounding properties and areas. HISTORY

Adopted by Ord. 945 Exh. A on 3/14/2000 Adopted by Ord. 959 Exh. A on 12/19/2000 17.82.020 Development Standards For BDO-GH

Development standards for the BDO shall be as follows:

1. Uses: All uses shall be as established by the principal zone.

   1. The following use will be considered subject to the use permit determination process contained in Chapter 17.116.

      1. Indoor self-service storage facilities.

   2. Conditional uses:

      1. Service stations, which may include car washes and auto repair.

      2. Bulk propane storage facilities for satellite delivery.

2. Minimum parcel or lot size: As established by the principal zone.

3. Density: As established by the principal zone.

4. Signs: As established by the principal zone.

5. Lighting: As established by the principal zone.

6. Self-service storage facility development standards.

   1. Landscaping: The purpose of the required landscaping is to break up views of storage buildings from adjoining properties and roadways. Landscaping shall be provided around the perimeter of all self-service storage facilities. Along property lines abutting residentially zoned property a minimum of 1 tree and 2 shrubs shall be provided for every 30 lineal feet of property line. Along all property lines abutting a roadway a minimum of 1 tree and 2 shrubs shall be provided for every 30 lineal feet of frontage. Trees and shrubs may be grouped to avoid access driveways and for aesthetic purposes. For property lines abutting commercially or industrially zoned properties a minimum of 1 tree and 2 shrubs shall be provided for every 50 lineal feet of property line. All trees used in perimeter landscaping shall be a minimum of 15 gallons in size. All shrubs used in perimeter landscaping shall be a minimum of 5 gallons in size. All landscaped areas shall be provided with permanent irrigation systems. Utilization of indigenous and/or water conserving plants shall be encouraged. Existing vegetation, which is maintained by the project, may be considered to meet the landscaping requirements established by this section.

   2. Hours of operation: Hours of operation of self-service storage facilities shall be limited to 6 a.m. to 10 p.m.

   3. Driveway surfacing: All two-way driveways shall be a minimum of 26 feet wide. All one-way driveways shall be a minimum of 14 feet wide. All driveways and parking areas for self-service storage facilities which contain 25 or less units shall be surfaced with a minimum of 2 inches of crushed rock. All driveways and parking areas for self-service storage facilities which contain 26 or more units shall be surfaced with A.C. paving, concrete, or similar material.

26 feet wide. All one-way driveways shall be a minimum of 14 feet wide. All driveways and parking areas for self-service storage facilities which contain 25 or less units shall be surfaced with a minimum of 2 inches of crushed rock. All driveways and parking areas for self-service storage facilities which contain 26 or more units shall be surfaced with A.C. paving, concrete, or similar material.

4. Parking: 3 customer spaces plus one space per employee on maximum shift shall be provided. Parking spaces shall be a minimum of 9 feet by 19 feet in size and shall be provided with adequate area for backing and maneuvering.

5. Building design: Self-service storage buildings shall be constructed of non-reflective materials which are an earth tone color. Individual buildings shall not exceed one hundred (100) feet in length. Buildings shall not contain in excess of 1 story.

6. Site specific development standards for conditional uses shall be developed through the conditional use permit process.

Prior to obtaining any county permit for commercial, industrial or manufacturing purposes in CG-1 (Chapter 17.88), CG-2 (Chapter 17.92), CR (Chapter 17.96), M-1 (Chapter 17.100) or M-2 (Chapter 17.104) zones, an applicant shall have a "Commercial- Industrial-Manufacturing Plan", hereinafter referred to as "PLAN", approved by the planning commission and the board of supervisors. An application on a form approved by the county, together with a proposed PLAN, shall be filed with the planning department. Prior to approval of a PLAN the planning commission shall conduct public hearings as described in Chapter 17.132 of this title.

"Commercial- Industrial-Manufacturing Plan", hereinafter referred to as "PLAN", approved by the planning commission and the board of supervisors. An application on a form approved by the county, together with a proposed PLAN, shall be filed with the planning department. Prior to approval of a PLAN the planning commission shall conduct public hearings as described in Chapter 17.132 of this title.

The purpose of the CG-1, CG-2, CR, M-1 and M-2 zones is to allow flexible commercial development while mitigating the impact of those facilities upon its neighbors and the neighborhood upon the facility. Approval of a PLAN for these zones shall not be construed to assure that applications for similar or identical developments will be approved. Each proposal must be considered separately and the decision to approve or reject a PLAN will be based in part, on the impact of the proposed development on all prior approved proposals as well as the effect on the county as a whole. The CG-1, CG-2, CR, M-1 and M-2 zones are intended to provide for desirable development in keeping with the objectives of the general plan by: encouraging development of mixed uses, where such uses are designed and located to minimize conflict with adjacent uses; encouraging innovative development which can provide for unique opportunities for a working environment; and encouraging a more efficient use of land in a manner which is consistent with the preservation of the natural environment.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.84.020 Content Of PLAN

A proposed PLAN shall be filed with the planning department and shall contain the following:

1. A text and a diagram or diagrams which specify all the following in detail:

   1. The distribution, location, and extent of the uses of land, including open space, within the area covered by the PLAN.

   2. The proposed distribution, location, extent and intensity of major components of public and private transportation, sewerage, water, drainage, solid waste disposal, energy, signage, and other essential facilities proposed to be located within the area covered by the PLAN and needed to support the land uses described in the PLAN.

   3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

   4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out items 1, 2 and 3 above.

2. The PLAN shall include a statement of the relationship of the PLAN to the general plan.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 800 Sec. II on 4/2/1991

A PLAN may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the planning commission and the board of supervisors. Approval of a PLAN shall be considered an amendment processed in accordance with Chapter 17.128. Implementation shall be in conjunction with the applicable zoning district.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

No PLAN may be adopted or amended unless the proposed PLAN or amendment is consistent with the general plan.

HISTORY

1. Location: This zone shall be located on, or easily accessible to state highways and designated primary county roads, i.e., collector and arterial roads as specified on the current official county road map, as amended from time to time.

2. Uses:

   1. Permitted uses:

      1. All uses permitted within the CN-1 and the CN- 2 zones;

      2. Automobile sales, new and used, with repair and service facilities incidental to the sales thereof;

      3. Mobile home, recreational vehicle, travel trailer or motorhome sales and service facilities, including rental;

      4. Lounges, bars, or other places where alcoholic beverages are served;

      5. Pet shops, kennels, and animal hospitals where animals are maintained within an enclosed structure;

      6. Enclosed warehousing, storage and similar uses;

      7. Bowling alleys, skating rinks, pool or billiard halls, gymnasiums, handball courts, miniature golf and similar recreational uses;

      8. Outdoor sales of goods and materials except wrecking or junk yards;

      9. Lodges and meeting halls;

      10. Mortuaries;

      11. Movie theaters, including outdoor or drive-in types;

      12. Churches; m. Lumber yards, construction and building material sales.

   2. Accessory uses:

      1. Shipping terminals;

      2. Water and wastewater treatment facilities and systems;

      3. Incidental services such as: restaurants, cafeterias, etc., to serve employees;

      4. Communication facilities and structures;

      5. Sales offices, showrooms, business offices, etc.

   3. Conditional uses: None.

   4. Prohibited Uses: All uses listed in section 17.108.200 of this title and other uses not listed above are prohibited.

3. Minimum parcel or lot sizes: No parcel of real property shall be divided or split into two (2) or more sub-parcels or lots by voluntary transfer, court action or other conveyance where any one (1) of the parcels or lots so created will be less than twenty (20) acres or one-half of a legal quarter-quarter section in gross area.

4. Density: One (1) single family residence per twenty (20) acres or one-half of a legal quarter-quarter section in gross area. The density contained herein shall remain unchanged regardless of whether or not the park is subdivided in sub-parcels as permitted by this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 1086 Sec. II on 12/20/2011

17.88.030 Minimum Setback Standard

The setback standards for a CG-1 zone shall be as specified in the approved plan but in no case shall the requirements be less stringent than the following:

1. One hundred (100) feet from all property lines. This requirement shall be reduced to fifty (50) feet when the adjacent parcels are of the same zoning.

2. When adjacent to or traversed by a public road, setbacks from the roadway for all buildings requiring a building permit shall be the greater of:

   1. One hundred eighty (180) feet from the centerline of the dedicated public right-of-way; or

   2. One hundred eighty (180) feet from the centerline of the currently maintained public right-of-way.

3. Setbacks shall be fifty (50) feet between structures requiring building permits.

4. Parking or development: There shall be no parking or development within the setback area except as follows:

   1. Wells and utilities;

   2. Parking within setback areas contiguous to public road.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.88.040 Design Criteria

The design criteria for all CG-1 zones shall be as follows:

1. Structures: Each building site shall have ready access to common areas.

2. Circulation: Both vehicular and pedestrian traffic shall be incorporated into the plan so that safe and efficient circulation is obtained. Streets and driveway areas shall be kept to a minimum consistent with safe and efficient circulation.

3. Parking: Parking shall conform to the commercial parking requirements as contained in the publication "Urban Planning and Design Criteria" (UPC) by Joseph DeChiara and Lee Coppelman, as amended from time-to-time. No parking area shall have more than six (6) spaces which adjoin each other without intervening landscaping.

4. Open Spaces: The minimum open space required shall be forty percent (40%) of the gross project area. Larger areas may be required through approval of the plan. For purpose of this section, any area that is to be developed or improved with parking areas, streets, driveways, carports or any covered structure shall not be considered an open space area. Open space areas shall include unimproved land, landscaped areas, improved recreation areas, and water surfaces, all within the development.

5. Signage: Sign standards shall be as specified in section 17.76.020 of this title with the following exemptions:

   1. The maximum aggregate sign area for any business shall be one hundred twenty (120) sq. ft.

   2. The maximum size for a monument sign identifying a commercial center shall be sixty-four (64) sq. ft.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 800 Sec. II on 4/2/1991 17.88.050 Phasing Of The Project

Project phasing shall be permitted in all CG-1 zones as long as the following criteria is met:

1. Each phase shall be complete enough to stand as an independent unit.

2. Phasing is requested by the project proponent prior to approval of the project. Any approval given shall specify the phasing, the required development standards for each phase, and subsequent approvals required prior to issuance of construction permits.

HISTORY Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.88.060 Procedures For Approval For A CG-1 PLAN

The procedures for establishing a CG-1 zone and appropriate environmental review policies shall be in accordance with Chapter 17.84 of this title. Special notification requirements shall include all property within twenty-five hundred (2500) feet of the project site.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

In considering an application, the planning commission shall give due regard to the nature and condition of all adjacent properties, uses, and structures, and to the general or specific plan for the area affected by the proposed use.

1. The planning commission shall determine whether or not the establishment, maintenance, or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the county.

2. If the planning commission finds that the aforementioned conditions will not result from the particular use applied for and the use is consistent with the Mariposa County general plan and any applicable specific plan, it shall approve the application, provided the following findings can be made:

   1. That the site is physically suited for the proposed development.

   2. That adequate provisions have been made for sewage disposal and handling of solid waste.

   3. That the proposed development will have adequate potable water for public use and adequate water for fire protection.

   4. That the project complies with all standard and setback requirements and appropriate buffers have been provided for adjacent land uses.

   5. That appropriate access is available or is proposed to the development.

   6. That the project as approved will not have a significant effect on the environment, or the significant impacts have been eliminated or substantially lessened, or it is determined that the significant effects are unavoidable and acceptable due to overriding concerns.

3. The planning commission shall impose any conditions and/or requirements it finds necessary to guarantee compliance with the findings in this section.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.92 General Commercial Zone-2 (CG-2)

17.92.010 Purpose And Intent

17.92.020 Development Standards For CG-2

17.92.030 Minimum Setback Standards

• 17.92.040 Design Criteria

• 17.92.050 Phasing Of The Project

• 17.92.060 Procedures For Approval For A CG-2 PLAN 17.92.070 Granting Of Permits

The General Commercial Zone-2, hereinafter referred to as CG-2 zone is designed to provide for a variety of unique general commercial activities of a retail or service nature which are prohibited in the CG-1 zone.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.92.020 Development Standards For CG-2

Development standards for the CG-2 zone shall be as follows:

1. Location: This zone shall be located on, or easily accessible to state highways and designated primary county roads, i.e. collector and arterial roads as specified on the current official county road map, as amended from time to time.

2. Uses:

   1. Permitted Uses:

      1. Dismantling yards, or areas for the storage of automobiles;

      2. Storage or handling of explosive or other hazardous materials;

      3. Bulk storage of and/or sale of gasoline, propane or similar petroleum products;

      4. Billboards or other types of outdoor advertising devices;

      5. Outdoor storage areas of materials, supplies or equipment which is greater in area than the total enclosed floor area of the principal structure utilized;

      6. Light manufacturing, compounding, assembly or treatment uses;

      7. Commercial riding stables, corrals, or barns;

      8. Hospitals, nursing homes, long-term care facilities;

      9. Golf courses;

   2. Recreation vehicle (RV) parks; 11. Campgrounds; 12. Helicopter pads;

   3. Accessory uses: Same as CG-1, section 17.88.020(B)(2).

   4. Conditional uses: None.

   5. Prohibited uses: All uses listed in section 17.108.200 of this title and other uses not listed above are prohibited.

3. Minimum parcel or lot sizes: No parcel of real property shall be divided or split into two (2) or more parcels or lots by voluntary transfer, court action or other conveyance where any one (1) of the parcels or lots so created will be less than forty (40) acres or a legal quarter-quarter section in gross area. A minimum parcel shall be referred to as "PARK". In no case shall any individual sub-parcel within the park, either for an individual; private use, or as a common ownership area, be less than one (1) acre in area.

4. Density: One (1) single family residence per forty (40) acres or a legal quarter-quarter section in gross area. The density contained herein shall remain unchanged regardless of whether or not the park is subdivided in sub-parcels as permitted by this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 1086 Sec. II on 12/20/2011

17.92.030 Minimum Setback Standards

The setback standards and parking or development within the setbacks for the CG-2 zone shall be as specified for the CG-1 zone listed in section 17.88.030 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.92.040 Design Criteria

The design criteria for the CG-2 zone shall be as specified for the CG-1 zone listed in section 17.88.040 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.92.050 Phasing Of The Project

Project phasing permitted in the CG-2 zone shall be as specified for the CG-1 zone listed in section 17.88.050 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.92.060 Procedures For Approval For A CG-2 PLAN

Procedures for establishing a CG-2 zone shall be as specified for the CG-1 zone listed in section 17.88.060 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

Granting of permits for CG-2 zone shall be as specified for the CG-1 zone listed in section 17.88.070 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.96 Resort Commercial Zone (CR)

17.96.010 Purpose And Intent

17.96.020 Development Standards For CR 17.96.030 Minimum Setback Standards 17.96.040 Design Criteria 17.96.050 Special Use Standards

The Resort Commercial Zone, hereinafter referred to as CR zone is intended to provide locations for highway-related and tourist services. Standards will require that traffic will not unnecessarily be impeded by such locations and a broad range of services will be available.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.96.020 Development Standards For CR

Development standards for the CR zone shall be as follows:

1. Location: This zone shall be located on, or easily accessible to state highways and designated primary county roads, i.e. collector and arterial roads as specified on the current official county road map, as amended from time to time.

2. Uses:

   1. Permitted Uses: The following uses shall be permitted within any CR zone:

      1. Motels, hotels and lodges;

      2. Restaurants and cocktail lounges;

      3. Guest ranches, health resorts, hunting and fishing clubs;

      4. Facilities for special group activities such as archery, pistol and rifle ranges, skeet clubs, tennis clubs, golf course, and riding stables;

      5. Campgrounds and recreational vehicle parks subject to the special use standards specified in section 17.96.050;

      6. One (1) single family residence per business if the residence is an integral part of the structure which houses the business, and if the residence is occupied by the owner or operator of the business. However, no more than one (1) residence per subparcel is allowed.

   2. Accessory Uses: Accessory uses such as service stations, swimming pools, small general store services, and other uses normally appurtenant to a permitted use, i.e. clubhouses.

   3. Conditional Uses: None.

   4. Prohibited Uses: All uses listed in section 17.108.200 of this title and other uses not listed above are prohibited.

3. Minimum parcel or lot sizes: Parcels shall have a minimum size of two and one-half (2 1/2) acres (exclusive of easement) if the domestic water system and the sewage disposal system is to be developed on parcel.

   1. If a domestic water system or a community sewage disposal system is to be developed, then one (1) acre parcels (exclusive of easements) may be approved providing the average slop does not exceed fifteen percent (15%). The burden is upon the applicant to show that such system meets the laws and standards of the state and county.

   2. If both a domestic water system or a community sewage disposal system is to be developed, then parcels of nine thousand (9,000) square feet (exclusive of easements) may be approved providing the average slop does not exceed fifteen percent (15%). The burden is upon the applicant to show that such system meets the laws and standards of the state and county.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 1086 Sec. II on 12/20/2011

The minimum setback standards for the CR zone shall be the same as those listed in section 17.108.130.A, but notwithstanding anything to the contrary, there shall be a minimum setback standard of fifty (50) feet from any property line that abuts a residential zone. There shall be no parking, campsites or recreational vehicle sites within the setback area.

HISTORY

Adopted by Ord. 753 Sec. 3 on 9/19/1989

The design criteria for the CR zone shall be as specified for the CG-1 zone listed in section 17.88.040 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

1. Campgrounds:

   1. No more than ten (10) campsites, not including operator or employee quarters, may be established per acre or forty-three thousand five hundred sixty (43,560) square feet of gross land area.

   2. For purposes of this section, campsite shall mean a site utilized for camping and shall not mean the parking and occupancy of mobile homes, or motor homes, or travel trailers.

   3. A campground may be operated in conjunction with any permitted use provided that the site or area upon which the use is located, and parking area for the use, shall be deducted from the gross site area for purposes of calculating campsite density.

   4. Restrooms, showers, laundries, clubhouses and similar service facilities reserved exclusively for the use of campsite patrons shall not be subject to site area restrictions for purpose of calculating campsite density.

   5. At a minimum, restroom facilities shall be provided in accordance with the provisions of the Health and Safety Code, and the Housing and Community Development Codes.

   6. The minimum site area for a campground shall be five (5) acres in town planning areas without adopted specific plans and ten (10) acres in a rural area.

   7. The minimum setback for a campground shall be fifty (50) feet from all property lines. The minimum setback from the centerline of a dedicated public right-of-way shall be one hundred (100) feet. There shall be no parking, campsites, or recreational vehicle sites within the setback area.

2. Recreational vehicle parks:

   1. No more than seven (7) recreational vehicle sites, not including management, operator or employee quarters, may be established per acre or 43,560 square feet of gross land area. Individual recreational vehicle spaces shall be a minimum of twenty (20) feet wide and seven hundred fifty (750) square feet in area.

   2. For purposes of this section, recreational vehicle parking site shall mean an area utilized for temporary occupancy by RVs of not more than thirty (30) days in any sixty (60) consecutive day period by an individual or group of individuals. A parking site shall not be utilized for the storage of recreational vehicles, motor homes or travel trailers. The park owner shall insure compliance with these occupancy requirements.

   3. A recreational vehicle park may be operated in conjunction with any permitted use provided that the site or area upon which the use is located, and parking area for the use, shall be deducted from the net site area for purposes of calculating park site density.

   4. At a minimum, restroom facilities shall be provided in accordance with the provisions of the Health and Safety Code, and the Housing and Community Development Codes.

   5. The width and improvement of roads and driveways within an RV park is to be as follows:

      1. One way: Eighteen (18) feet wide if road serves sixty (60) spaces or more; fifteen (15) feet if road serves less than sixty (60) spaces; twelve (12) feet for one-way internal road between campsite clusters without individual space access.

      2. Two-way divided: Fifteen (15) feet wide on each side of divider.

3. Two-way: Twenty-four (24) feet wide.

   4. Parking: There shall be a minimum of two (2) parking spaces per campsite and two (2) parking spaces per recreational vehicle site plus the parking necessary for the recreational vehicle. Parking along internal roadways is allowed only when a paved parking lane, eight (8) feet wide is provided in addition to the roadway.

   5. Road improvement standard: Two (2) inches of A.C. plant mix over two (2) inches of Class II aggregate base or equivalent structural section based on a traffic index of 4. An oil or other dust cap may be substituted for the two (2) inches of A.C. subject to approval by the county engineer.

4. The minimum site area for a recreational vehicle park shall be five (5) acres in town planning areas without adopted specific plans and ten (10) acres in a rural area.

5. The minimum setback for a campground shall be fifty (50) feet from all property lines. The minimum setback from the centerline of a dedicated public right-of-way shall be one hundred (100) feet. There shall be no parking, campsites, or recreational vehicle sites within the setback area.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 753 Sec. 4(part) on 9/19/1989 17.100 Light Manufacturing And Industrial Zone-1 (M-1)

17.100.010 Purpose And Intent 17.100.020 Development Standards For M-1 17.100.030 Minimum Setback Standard 17.100.040 Design Criteria 17.100.050 Phasing Of The Project 17.100.060 Procedures For Approval For A M-1 PLAN 17.100.070 Granting Of Permits

The Light Manufacturing and Industrial Zone-1, hereinafter referred to as M-1 zone is designed to provide area for light industrial development that can be established in close proximity to commercial and residential development.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.100.020 Development Standards For M-1

Development standards for the M-1 zone shall be as follows:

1. Location: This zone shall be located on, or easily accessible to state highways and designated primary county roads, i.e. collector and arterial roads as specified on the current official county road map, as amended from time to time.

2. Uses:

   1. Permitted Uses:

      1. Automotive; assembly, repair, and painting;

      2. Boat and boating equipment manufacturing and repair; 3. Ceramic products;

3. Sign manufacturing; 5. Electrical parts and components, manufacture and assembly; 6. Engine rebuilding and assembly; 7. Gas and electrical fixture manufacture assembly; 8. Cabinet and carpentry shops; 9. Machine shops and sheet metal shops excluding drop hammers and foundaries; 10. Paint shops; 11. Manufacturing, compounding, processing, and packaging of bakery goods; candy; cosmetics; health foods; pharmaceuticals; 12. Assembly of articles or merchandise from the following previously prepared materials: canvas; cellophane; glass; plaster; plastics or synthetics; 13. Radio, television and other communication equipment storage, assembly, repair, and wholesale; 14. Rubber and metal stamps; 15. Shoes and other footware manufacturing; 16. Other similar manufacturing, processing, treatment or assembly activities as determined by the Planning Commission; 17. Bottling plants; 18. Creameries; 19. Laboratories; 20. Cleaning, laundry and dyeing plants; 21. Tire retreading and recapping; 22. Fabrication of products from finished rubber; 23. Assembly of electric and electronic equipment; 24. Wholesaling and warehousing; 25. Printing and publishing; 26. Lumber and wood product manufacturing or processing except planing mills and sawmills; 27. Contractors equipment yard; Public utility facilities and maintenance yards and other public facilities.

4. Accessory Uses: Research and development facilities and all accessory uses listed in CG-1, Section 17.88.020(B)(2). 3. Conditional uses: None.

5. Prohibited uses: All uses listed in section 17.108.200 of this title and other uses not listed above are prohibited.

6. Minimum parcel or lot sizes: No parcel of real property shall be divided or split into two (2) or more parcels or lots by voluntary transfer, court action or other conveyance where any one (1) of the parcels or lots so created will be less than twenty (20) acres or one-half of a legal quarter-quarter section in gross area. In no case shall any individual sub-parcel within the park, either for an individual's private use, or as a common ownership area, be less than six thousand (6,000) square feet in area.

or lots by voluntary transfer, court action or other conveyance where any one (1) of the parcels or lots so created will be less than twenty (20) acres or one-half of a legal quarter-quarter section in gross area. In no case shall any individual sub-parcel within the park, either for an individual's private use, or as a common ownership area, be less than six thousand (6,000) square feet in area.

4. Density: One (1) single family residence per twenty (20) acres or one-half of a legal quarter-quarter section in gross area. The density contained herein shall remain unchanged regardless of whether or not the park is subdivided in sub-parcels as permitted by this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 1086 Sec. II on 12/20/2011

17.100.030 Minimum Setback Standard

The setback standards and parking or development within the setbacks for the M-1 zone shall be as specified for the CG-1 zone listed in section 17.88.030 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.100.040 Design Criteria

The design criteria for the M-1 zone shall be as specified for the CG-1 zone listed in section 17.88.040 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.100.050 Phasing Of The Project

Project phasing in the M-1 zone shall be as specified for the CG-1 zone listed in section 17.88.050 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.100.060 Procedures For Approval For A M-1 PLAN

The procedures for establishing an M-1 zone shall be as specified for the CG-1 zone listed in section 17.88.060 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.100.070 Granting Of Permits

Granting of permits for an M-1 zone shall be as specified for the CG-1 zone listed in section 17.88.070 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.104 Heavy Manufacturing And Industrial Zone-2 (M-2) 17.104.010 Purpose And Intent 17.104.020 Development Standards For M-2 17.104.030 Minimum Setback Standards 17.104.040 Design Criteria 17.104.050 Phasing Of The Project 17.104.060 Procedures For Approval For An M-1 PLAN 17.104.070 Granting Of Permits

17.104.010 Purpose And Intent

The Heavy Manufacturing and Industrial Zone-2, hereinafter referred to as M-2 zone is designed to provide for a variety of unique general industrial activities which are not allowed in the M-1 zone.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.104.020 Development Standards For M-2

Development standards for the M-2 zone shall be as follows:

1. Location: This zone shall be located on, or easily accessible to state highways and designated primary county roads, i.e. collector and arterial roads as specified on the current official county road map, as amended from time to time.

2. Uses:

   1. Permitted uses:

      1. All M-1 uses shall be allowed in the M-2 zone;

      2. Bulk storage and/or sale of gasoline, propane or similar petroleum products;

      3. Junkyards or areas for the storage of inoperable automobiles;

      4. Billboards or other types of outdoor advertising devices;

3. Airports, helicopter pads and other types of aircraft landing areas;

   6. Food product processing;

   7. Fruit and vegetable packing;

   8. Concrete or asphalt batch plants, sand and gravel plants, rock crushing or stamp mills or similar uses which generate dust and noise and are conducted principally outside of a building or enclosed structure;

   9. Smelting; blast, cupola or metal furnace, coke ovens;

   10. Dehydrators;

   11. Distillation of bone, dog or cat food factory, fat rendering fish cannery, garbage, abattoir, dead animal disposal or reduction;

   12. Incineration, reduction or dumping of offal, garbage or refuse disposal (except solid waste collection sites);

   13. Refining of petroleum products;

   14. Rolling mill;

   15. Salt works;

   16. Sand blasting (when conducted outside a building or structure);

   17. Soap works;

   18. Tanning or wood distillation;

   19. Manufacture of acetylene gas, ammonia, asbestos, asphalt or explosive.

   20. Accessory uses: Research and development facilities and all accessory uses listed in CG-1, section 17.88.020(B)(2).

   21. Conditional uses: None.

   22. Prohibited uses: All uses listed in section 17.108.200 of this title and other uses not listed above are prohibited.

4. Minimum parcel or lot sizes: No parcel of real property shall be divided or split into two (2) or more parcels or lots by voluntary transfer, court action or other conveyance where any one (1) of the parcels or lots so created will be less than forty (40) acres or a legal quarter-quarter section in gross area. In no case shall any individual sub-parcel within the park, either for an individual's private use, or as a common ownership area, be less than one (1) acre in area.

5. Density: One (1) single family residence per forty (40) acres or a legal quarter-quarter section in gross area. The density contained herein shall remain unchanged regardless of whether or not the park is subdivided in sub-parcels as permitted by this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 1086 Sec. II on 12/20/2011

17.104.030 Minimum Setback Standards

The setback standards and parking or development within the setbacks for the M-2 zone shall be as specified for the CG-1 zone listed in section 17.88.030 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.104.040 Design Criteria

The design criteria for the M-2 zone shall be as specified for the CG-1 zone listed in section 17.88.040 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.104.050 Phasing Of The Project

Project phasing in the M-2 zone shall be as specified for the CG-1 zone listed in section 17.88.050 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.104.060 Procedures For Approval For An M-1 PLAN

Procedures for establishing an M-2 zone shall be as specified for the CG-1 zone listed in section 17.88.060 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.104.070 Granting Of Permits

Granting of permits for an M-2 zone shall be as specified for the CG-1 zone listed in section 17.88.070 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.106 Yosemite West Mixed-Use Zone (YWMU) 17.106.010 Purpose And Intent 17.106.020 Development Standards For YWMU 17.106.030 Procedures For Approval Of A YWMU Project

The Yosemite West Mixed Use Zone is designed to provide a land use for the location of facilities to enhance the provision of services to the vacation rental sector in the community of Yosemite West.

HISTORY

Adopted by Ord. 1188 Sec. I on 12/19/2023 17.106.020 Development Standards For YWMU

1. Uses: 1. Permitted uses: 1. Multi-family housing; 2. Laundromats not for public use;

   3. Maintenance support facilities for servicing local home enterprises and vacation rentals;

   4. Private office space;

   5. Self-storage facilities for private use;

   6. One (1) single family residence and one (1) secondary residence with appurtenant accessory structures, including, but not limited to, equipment sheds and detached garages;

   7. Vacation rental and bed and breakfast facilities in accordance with all applicable standards of Mariposa County Code.

   8. Conditional uses:

      1. Bulk storage of gasoline, propane, or similar petroleum products for private use.

3. Prohibited uses:

• All other uses not listed above are prohibited, except similar uses in compliance with section 17.108.120 and 17.108.030 of this title.

• 2. Structure height: No building or structure shall be erected, placed, or structurally altered to a height in excess of 35 vertical feet above natural uphill grade.

• 3. Structure setbacks from property lines and streets for all uses: 1. Street and front yard: the front yard setback shall be a minimum of fifty-five (55) feet from the centerline of a local street and a minimum of twenty-five (25) feet from the nearest point on a front property line or edge of any right-of-way boundary of a local street;

  4. Side yard: the side yard setback shall be a minimum of fifteen (15) feet from a side property line;

  5. Rear yard: the rear yard setback shall be a minimum of twenty (20) feet from a rear property line.

  6. Uses permitted in setback areas: 1. Wells, traffic signs, signs, rural mail boxes, fences, gates, propane tanks, uncovered walkways, driveways, and underground utilities and appurtenant above-ground structures. (Any use placed in a front yard setback shall not interfere with vehicle sight distance along roadways.)

     2. All other uses are prohibited in setback areas.

4. Building to building setbacks: Building to building setbacks shall be a minimum of fifteen (15) feet.

5. Building intensity and density: 1. Commercial structure development, such as laundromat facilities, shall not exceed a total of 5,000 sq. ft. 2. Multi-family housing development shall not exceed a total of 4,000 sq. ft. per building.

6. Total development on a parcel shall not exceed 25,000 sq. ft. of building space. 4. Multi-family housing shall not exceed four dwelling units per acre.

7. Signage and lighting: 1. Project signage, excluding address and traffic signs, shall be not exceed three separate signs on a parcel. Total signage shall not exceed 50 sq. ft. Neon signs shall be prohibited.

   2. Exterior lighting shall conform to International Dark Sky Standards.

8. Minimum parking space requirements:

9. Studio or one-bedroom apartments - one and one-half (1.5) parking spaces per unit.

10. Two (2) or more bedroom apartments or single family residential - two (2) parking spaces per unit.

11. Laundry facilities not for public use - two (2) per facility.

    4. Minimum spaces for vacation rental and bed and breakfasts shall be as required by appropriate sections of County code.

12. Internal driveways and parking space surfacing: Internal driveways serving multi-family and commercial uses shall be surfaced with concrete or asphalt paving.

13. Permitting and construction: Septic/sewage systems shall be installed prior to the issuance of building permits for structures served by those systems.

14. Minimum parcel or lot size: Minimum size of a parcel or lot shall be five (5) acres.

HISTORY

Adopted by Ord. 1188 Sec. I on 12/19/2023

17.106.030 Procedures For Approval Of A YWMU Project

1. Site plans for single family residential and appurtenant uses, such as private office space and self-storage facilities for private use, in the YWMU zone shall be prepared in accordance with the standards contained in Section 17.08.140 of this title. Site plans for additional permitted uses in the YWMU zone, excluding vacation rental and bed and breakfast uses, shall be prepared in accordance with Section 17.08.150 of this title.

2. Site plans described in A. above are subject to the processing procedures contained in Section 17.08.160 of this title.

3. Application and approval of vacation rental and bed and breakfast uses are subject to the provisions of Section 17.108.180 of this title.

4. Conditional uses are subject to the provisions of the Conditional Use Permit process contained in Section 17.112 of this title.

HISTORY

Adopted by Ord. 1188 Sec. I on 12/19/2023

17.108 Supplementary Standards

17.108.010 Purpose And Intent 17.108.020 Effect Of Regulations 17.108.030 Similar Uses

17.108.040 Minimum Parcel Or Lot Size Standards 17.108.050 Density Standards 17.108.060 General Use Standards 17.108.070 Home Enterprises 17.108.080 Rural Home Industry 17.108.090 Mobile Home Parks 17.108.095 Pre-1976 Mobile Homes 17.108.100 Planned Or Cluster Residential Development And Preservation Of Open Space 17.108.110 Mineral Or Construction Material Processing Site Standards 17.108.115 Model Homes And Model Homes With Sales Offices Within Residential Zoning Districts 17.108.120 Off Street Parking 17.108.130 Structure Location 17.108.140 Structure Height 17.108.150 Secondary Residences 17.108.160 Small Residential Care Facilities 17.108.170 Day Care Facilities 17.108.180 Bed And Breakfast And Residential Transient Rentals 17.108.190 Signs 17.108.200 Uses Prohibited In All Zones 17.108.210 Transitional And Supportive Housing 17.108.220 Special Event Facilities 17.108.230 Special Use Provisions For Historic Structures

The purpose of this chapter is to establish supplementary standards for land uses.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.108.020 Effect Of Regulations

Unless otherwise provided within any zone, the following regulations shall apply in all areas of Mariposa county.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.108.030 Similar Uses

Upon proper findings, the planning director may determine that uses similar to those enumerated in any zone and consistent with the purpose and extent of this title shall be permitted in that zone as stated in section 17.08.120.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.108.040 Minimum Parcel Or Lot Size Standards

Minimum parcel or lot size shall apply to all proposals or actions which will result in the creation of a parcel or lot, or the modification of the dimensions or land area of a parcel or lot.

1. The minimum parcel or lot size set forth in a zone description shall not preclude the requirement for larger parcel or lot sizes on proposals resulting in the creation or modification of a parcel or lot where the planning commission or board of supervisors determines that larger acreages are necessary due to terrain or unique site considerations, standards contained in the Mariposa County General Plan or such other applicable provisions of county code or state law.

2. In a proposal to modify the boundaries of one or more parcels or lots where one or more of these parcels or lots do not meet minimum parcel or lot size standards of the applicable zone, the planning commission may approve such boundary modifications provided such modifications will result in the improvement of the circumstances and/or design of both parcels or lots. Under no other circumstances can a boundary modification proposal be approved wherein such modification will result in the creation of a substandard parcel or lot.

3. No variance shall be granted, under any circumstances, for reducing the minimum parcel or lot size.

4. The minimum parcel or lot size set forth in a zone district shall not apply to parcels conveyed to a special district, public utility, or private utilities such as a mutual water company for utility purposes provided an enforceable restriction approved by the county is recorded on the parcel which restricts the use of the property to utility distribution facilities, sewage systems, well sites, and utility storage buildings less than one hundred forty-four (144) square feet. Such restrictions must remain effective in perpetuity. Notwithstanding the provisions of this section, the minimum parcel or lot size of the designated zone district shall apply to all non-utility parcels created by such conveyances.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 800 Sec. III on 4/2/1991

Unless specifically prohibited by a principal zone, the density standards contained in a zone description does not restrict the construction of at least one (1) single family unit on a legal existing parcel of land, even though that parcel does not contain the minimum acreage required in the land use category density

standard. A parcel of land containing more than the minimum acreage called for in the density standard of an applicable zone shall allow construction of one (1) residential unit for each multiple of the minimum density allowed by the zone (e.g. a fifteen (15) acre parcel, in the five (5) acre minimum "MH" zone may have three (3) residential units on the parcel).

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.108.060 General Use Standards

In addition to the permitted uses specified within the zones of this title, the following land uses shall be permitted:

1. Agricultural uses, including but not limited to animal husbandry, livestock grazing, the production of crops, horticulture, viticulture, silviculture, sale of agricultural products, and accessory uses and structures appurtenant to the agricultural use, subject to the following standards:

   1. The provisions of this section shall not be applicable in the AE zone and in town planning areas with specific land use policies and zoning regulations developed in accordance with section 17.12.010(a). The agricultural use shall not be conducted in such a manner as to constitute a nuisance, public or private.

   2. Notwithstanding anything to the contrary contained herein, no existing or future agricultural activity, operation, or facility or appurtenances thereof, conducted or maintained for commercial purposes, in a manner consistent with proper and accepted customs, standards, and practices and with all chapters of the Mariposa County Code as established and followed by similar agricultural uses, shall be or become a nuisance, public or private, pursuant to this section or Chapter 18.04 of county code, after the same has been in operation for more than one year if it was not a nuisance at the time it began. The provisions of this section shall not apply whenever a nuisance results from agricultural operations inconsistent with accepted practices and standards or contrary to local, state, or federal ordinances, laws, and regulations.

   3. In any enforcement action to determine if an agricultural use is a nuisance, public or private, the burden shall be upon the landowner, tenant, or person in possession or control of the land upon which the agricultural use is located to provide evidence to the planning director of the date of commencement of the agricultural use and the characteristics of the use at the date of commencement.

2. The on-site harvesting and sale of firewood.

3. Utilities, including but not limited to, receiving, transmission, and distribution lines, towers and poles. Substations may be considered subject to the use permit determination process specified in Chapter 17.116 of this title.

4. Public schools, parks and other public facilities such as fire departments are permitted uses in the RR, MH, MT, MH, MT, MG, GF, MP, and AE zones.

5. Portable sawmills and portable planing mills for the milling and planing of timber harvested on-site.

6. Accessory buildings or structures.

7. Loading and unloading facilities.

8. On-site parking.

9. Private schools for twelve (12) or fewer students and conducted in a residential structure shall be a permitted use in the RR, MH, MT, MG, GF, MP, and AE zones subject to the standards contained in section 17.108.170.

10. Temporary camping, as defined by Chapter 17.148, shall be a permitted use in the MH, MT, MG, GF, MP and AE zones, as long as the temporary use is not detrimental to adjoining residential areas and uses by reason of traffic, noise, dust, smoke, increased wildland fire hazards, odor, or other emissions.

11. Temporary camping, as defined by chapter 17.148, shall be a permitted use in the TPA or RR zones, unless otherwise restricted or prohibited by a community, special, specific or area plan, and if in conjunction with an existing on-site residential use on the same parcel, or shall be temporarily connected to an approved public or private on-site permitted septic disposal system. The temporary camping shall be in conjunction with an existing on-site residential use on the same parcel, or shall be temporarily connected to an approved public or private on-site permitted septic disposal system. The temporary camping use shall not be detrimental to adjoining residential areas and uses by reason of traffic, noise, dust, smoke, increased wildland fire hazards, odor, or other emissions.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 816 Sec. III on 11/12/1991 Amended by Ord. 888 Exh. B on 7/25/1995 Amended by Ord. 1038 Sec. I on 9/11/2007

Home enterprises on a parcel of land shall be considered as a permitted use in the RR, MH, MT, MG, GF, MP, and AE land use classifications, subject to the following:

1. On site sales shall be limited to the sale of products fabricated or produced on site or merchandise that is sold as a secondary enterprise and is related to the primary enterprise;

2. The on-site use has no more than one (1) employee per acre up to twenty (20) employees. The use shall be operated by the owner of the business who shall reside on the property on a permanent basis;

3. The use and its principal activities are conducted primarily within structures or dwellings;

   1. No outdoor storage and no more than ten percent (10%) of the total business activity is conducted outside;

   2. The exterior use and any supporting activities or facilities are located at least fifty (50) feet from all external property lines, streets, roads, or other public right-of-ways;

4. Bed and breakfast and residential transient rental establishments, as regulated by Section 17.108.180 of this title.

5. "Business owner" shall mean a person who controls a fifty percent (50%) or more ownership in the business or corporation operating said business, or if no one party controls fifty percent (50%) or more of the business, the person who controls the greatest percentage of ownership in the business or corporation operating said business.

6. "Property" shall mean that property which is contiguous to and under the same ownership as the parcel on which the business is located. If a portion of the property is sold or transferred, the home enterprise/rural home industry shall comply with these standards upon and after transfer of the property.

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 879 Sec. 1 and 2 on 11/1/1994

HISTORY

Rural home industry is a permitted use in the same zones as listed in home enterprise above except RR. These are trades or industries of a limited character, which are not detrimental to the district or to the adjoining residential areas, by reason of appearance, noise, dust, smoke, or odor. Excludes any use the normal operation of which causes objectionable noise, odor, dust, or smoke to be emitted, radiated, or carried beyond the boundaries of the property on which the operation is located. Rural home industries are also subject to the same standards specified for a home enterprise in section 17.108.070, with the following exceptions and additional conditions:

1. If a parcel has both a home enterprise and a rural home industry, an aggregate of no more than one (1) employee per acre up to twenty (20) employees is permitted.

2. Storage of supplies or materials may take place outside of a structure or dwelling provided such storage is not visible from external property lines, streets, roads or other public right-of-way fronting on the property or site.

3. The use and all supporting activities or facilities are located at least fifty (50) feet from all external property lines, streets, roads, or other public right-ofways.

4. Junk yards, wrecking yards and/or dismantling yards and solid waste sites, are prohibited uses in zones wherein rural home industry is allowed. "Junk yards", "wrecking yards" and "dismantling yards" in this section means a place of more than two hundred (200) square feet in size per parcel used for the storage or keeping of junk, including scrap metals or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. "Junk" means any worn-out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered, or unchanged, and without further reconditioning, can be used for its purpose readily as or when new shall not be considered junk.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

The same standards as listed in section 17.108.100 below, shall apply except mobile home parks located in TPAs with adopted specific plans are subject to all standards contained in the specific plan of that community. Mobile home parks shall be allowed in all residential zones, i.e. RR and MH.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.108.095 Pre-1976 Mobile Homes

1. Mobile homes manufactured prior to January 1976 shall be prohibited from being located into or relocated within Mariposa county unless they meet the seal standards of the United States Department of Housing and Urban Development or equivalent standards established by the California Department of Housing and Community Development.

2. Each mobile home shall be installed on a foundation or tie down system meeting the requirements of California law.

3. No mobile home of any age shall be used as an uninhabited storage structure.

4. A legal existing, nonconforming mobile installed on a parcel in the county may remain on the parcel upon which it is installed and shall not be relocated to another parcel within the county of Mariposa.

5. No legal existing nonconforming mobile home may have a new addition or expansion, which physically alters the structure of the mobile home.

6. Expansion of or an addition physically attached to a conforming mobile home shall meet the standards of the Uniform Building Code or shall obtain any required certificate issued by the California Department of Housing and Community Development, such that the expansion or addition does not compromise the original structural integrity of the mobile home.

7. Upon sale or rental of a mobile home manufactured prior to 1976, written notice shall be provided, in a prescribed form, to the new owner or tenant advising them of serious health and safety risks inherent in inhabiting such structures, unless the mobile home has been retrofitted to meet the seal standards of the United States Department of Housing and Urban Development or the equivalent standards established by the California Department of Housing and Community Development.

HISTORY

Adopted by Ord. 1023 Sec. I on 10/4/2005

Planned residential developments and cluster residential subdivisions are subject to the requirements of this section. The purpose of a cluster development is to permit a procedure for development which will result in improved living conditions, promote economic subdivision layout, encourage a variety of housing types, encourage ingenuity in site and subdivision design, preserve open space, and promote development of adequate public services and utilities.

1. Planned or cluster residential development proposals may be allowed in RR and MH zones. Planned or cluster residential development proposals shall be considered a prohibited use in all other zones. Nothing in this provision shall be interpreted to preclude construction of clustered or multiple family residences in any zone as provided in section 17.108.050.

2. A planned or cluster residential development shall include, but not be limited to multi-family or apartment units, common wall, condominium, mobile home or detached residential unit subdivisions, and mobile home parks.

3. Prior to obtaining any construction permits, the planned residential development shall be approved by the planning commission. An application on a form approved by the county, together with a proposed planned residential development, hereinafter referred to as a PRD, must be filed with the planning department. Prior to approval of a PRD, the planning commission shall conduct public hearings as described in Chapter 17.132 of this title.

4. A proposed PRD shall be filed with the planning department and shall contain the following information:

   1. A text and a diagram or diagrams which specify all the following in detail:

      1. The distribution, location, and extent of the uses of land, including open space, within the area covered by the proposal.

      2. The proposed distribution, location, extent and intensity of major components of public and private transportation, sewerage, water, drainage, solid waste disposal, energy, signage, and other essential facilities proposed to be located within the area covered by the proposal and needed to support the land uses described in the proposal.

      3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

      4. A program of implementation measures including programs, public works projects, and financing measures necessary to carry out items a, b and c above.

   2. The proposal shall include a statement of the relationship of the proposal to the general plan. Filing fees, determinations of completeness, and interpretations shall also be in accordance with Chapter 17.08 of this title.

5. A PRD shall be adopted by resolution and shall be amended as often as deemed necessary by the planning commission and the board of supervisors.

6. No PRD shall be adopted or amended unless the proposed project is consistent with the Mariposa County general plan.

7. Approval or disapproval and resubmission of a PRD shall be made pursuant to sections 17.08.100 and 17.08.110 of this title.

8. The setback standards for a PRD shall be as specified in section 17.108.130 of this title. These standards are minimum and may be greater.

9. The design criteria for a PRD shall be as specified in section 17.88.040(A) and (B), of this title. Parking shall conform to the multi-family requirements contained in "Urban Planning and Design Criteria" (UPC) by Joseph DeChiara and Lee Coppelman, as amended from time-to-time. No parking area shall have more than six (6) spaces which adjoin each other without intervening landscaping.

10. Project phasing shall be permitted in a PRD and shall conform to the requirements of section 17.88.050 of this title.

11. The granting of an approval for a PRD shall follow the procedures set forth in section 17.108.100(M) of this title.

12. A PRD shall be subject to the following standards:

13. A minimum lot size of less than two and one-half (2 1/2) acres shall be approved only when community water is provided. A minimum lot size of less than one (1) acre in gross area shall be granted only when both a community water and a community sewer system are provided.

14. Minimum common open space required in MH zones shall be sixty percent (60%) of the project site, and forty percent (40%) of the project area in RR zones.

15. Density determinations shall be based on the number of allowable residential units permitted by the zone. A density bonus of up to one hundred percent (100%) may be approved where both community water and sewer service is available or proposed. The density bonus shall also be subject to the water and sewer capacity of the community water and sewer systems, physical site characteristics, and availability of adequate public roads and fire protection services.

16. If a density bonus is allowed pursuant to this section then notwithstanding anything to the contrary contained in this title, no secondary residences shall be permitted in addition to the density bonus.

17. The open space shall not be developed with structural uses other than agriculture or recreational accessory buildings. The open space may be used for any of the following: crop production or range land; historic, archaeological, or wildlife preserves; water storage or recharge; leach field or spray disposal area; scenic areas; protection from hazardous areas; public outdoor recreation; or, other similar open space use.

18. The required open space is to be maintained as open space as long as the clustered lots exist.

19. The planning commission, prior to approving a PRD, must find that all the following findings can be made:

20. It shall promote the preservation of open space and the protection of areas exhibiting development constraints.

21. It shall support or accomplish the goals and objectives of the Mariposa county general plan housing element.

22. It shall result in improving the residential environment of the area through the provisions of better public roads, fire protection, water and sanitation facilities.

23. All findings specified in section 17.112.040.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.108.110 Mineral Or Construction Material Processing Site Standards

1. The following standards shall apply to all mining and small scale mining:

   1. Minimum setback required: Processing may not be established on a site that is less than five hundred (500) feet from an adjacent property line unless otherwise approved under the provisions of a conditional use permit. Minimum setback requirements may be waived by the planning commission where a processing plant is located within either an MPZ or an AEZ. The planning commission shall require written notification of contiguous property owners prior to waiving any setback requirements as provided above.

   2. Nothing in this section should be construed to be in conflict with the applicable surface mining regulations of federal and state law or county ordinance.

2. The following standards shall apply to all small scale mining, through an Administrative Use Permit:

   1. Small scale mining shall obtain all county, state and federal agency permits required, based on the characteristics of the project, prior to commencement of work on-site.

   2. Erosion and sediment control shall be proposed and maintained during all phases of the project.

   3. The boundaries of the approved work area shall be marked on-site prior to commencement of work; shall be inspected and documented by staff; and shall be maintained for the life of the project.

   4. The project shall be subject to regular inspections by staff; the interval of which may be as often as quarterly and no less than annually.

   5. Written reporting shall be submitted to staff, to document quantities of material processed; the interval for required reporting may be as often as monthly and no less than annually.

   6. Upon completion of work, the work site area shall be reclaimed. Reclamation shall include re-grading and recontouring of the disturbed site to blend with surrounding natural topography. Following re-grading work, the site shall be re-vegetated (minimum seeding and straw)

   7. All costs associated with processing of the Administrative Use Permit, including conduct of inspections and review of reporting, shall be the responsibility of the project proponent.

3. If a small scale mining site is abandoned prior to completion of the required reclamation, the property owner shall be responsible for completing the required reclamation work.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 1114 Sec. VIII on 12/15/2015

17.108.115 Model Homes And Model Homes With Sales Offices Within Residential Zoning Districts

1. In a residential subdivision within a residential zoning district model homes may be constructed for purpose of being sample single family homes that are offered for construction and sale on lots within the subdivision. One model home may be used as a place of business for real estate sales personnel.

2. The sales office within the model home shall be operated by a licensed real estate broker only within an office approved by the California Department of Real Estate.

   2. The sales office shall be located within the subdivision in which the broker is representing lots for development.

   3. The sales office shall be used for the sale of undeveloped lots and residences within the subdivision.

   4. The model home in which the sales office is located shall not be used as a satellite office for the purposes of general sales of real estate.

   5. A sales office meeting these standards shall not be subject to the provisions of home occupations or home businesses in this title. The persons conducting business within the sales office located within a model home shall not be required to be residents of the model home.

3. All model homes shall be constructed to standards so that it is convertible to a single family dwelling for residential purposes.

4. The model home in which the sales office is located may convert the garage to an office, provided that the garage used as an office can be converted back to a garage when all lots within the subdivision are sold.

HISTORY

Adopted by Ord. 961 Exh. "A" on 4/3/2001

At the time of the issuance of a building permit for any new building and/or structure or renovation or remodeling of an existing building or structure, or at such time that a higher usage is applied to a building or structure, there shall be provisions for minimum off street parking with adequate provisions for safe ingress and egress. Except for parking for residences, all such parking areas shall be surfaced with a minimum of two (2) inches of crushed rock. The parking area shall thereafter be maintained in connection with such building or structure and use of land. The minimum requirements for off street parking are as follows:

1. Two (2) parking spaces per residential unit.

2. One (1) parking space per three hundred (300) square feet of retail space.

3. One (1) parking space per one thousand (1,000) square feet of wholesale space.

4. In addition to the minimum parking spaces required in Subsections (B) and (C) above, one (1) parking space shall be provided for each employee. For purposes of this section an owner of a business shall be considered an employee.

5. Each parking space shall consist of a minimum area of ten (10) feet by twenty (20) feet usable parking area.

6. Parking not covered by the above standards shall be subject to the provisions of section 17.88.040(C). The minimum parking spaces as described in subsections (B) and (C) above may be increased by order of the planning commission if, after a hearing, the planning commission determines that actual use of the site in question demands additional parking spaces. The parking regulations as specified herein shall apply in all zones except CG-1, CG-2, CR, M-1 and M-2.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

Unless otherwise prescribed, the following setback standards shall apply to all buildings with roof area exceeding one hundred twenty (120) square feet, all structures except as permitted by subsection D, and all uses set forth in subsection E. Additions to existing buildings, structures, or uses set forth in subsection E, where such building, structure, or use encroaches into a setback area, shall not be closer to the property boundary than one-half (1/2) the width of the setback requirement or closer to the property boundary than any part of the existing building, structure, or use, whichever constitutes the lesser encroachment.

1. Public street and front yard setback: The front yard setback shall be a minimum of twenty-five (25) feet from the nearest point on the front property line or edge of any public street, public easement, or easement or right-of-way offered for dedication, and a minimum of fifty-five (55) feet from the center line of said street, easement or right-of-way.

2. Side yard setback: The side yard setback shall be a minimum of twenty-five (25) feet or ten percent (10%) of the lot width, whichever is less, from a side property line or parcel boundary line. For the purposes of this section, the lot width shall be the average distance between the side property lines as measured through the building envelope.

3. Rear yard setback: The rear yard setback shall be a minimum of twenty-five (25) feet or ten percent (10%) of the lot depth, whichever is less, from a rear property line or parcel boundary line. For the purposes of this section, the lot depth shall be the average distance between the rear property line and the front property line as measured through the building envelope.

4. Uses permitted in setback areas: The following uses shall be permitted in all setback areas:

   1. Wells, highway and traffic signs, signs, rural mail boxes, fences, gates, propane tanks, uncovered walkways, driveways, and underground utilities and appurtenant above-ground structures.

   2. Livestock loading structures can be located within the front setback of a parcel of land in the AEZs, MPZs, IMZs and GFZs, and may be located in the front setback of other land use zones, subject to planning department review and approval.

   3. Garages, carports, sheltered parking, and covered walkways may be constructed in front yards areas providing:

      1. The subject site is above four thousand (4,000) feet in elevation;

      2. Carports shall have no enclosing walls higher than three (3) feet above ground level;

      3. Garages may be considered providing sight distance standards are satisfied, and the location is approved by the road division of the public works department. A variance to these standards shall not be approved;

      4. The structure is located no closer than five (5) feet from the property line or the edge of the street easement or right of way offered for dedication;

      5. The structure is for the exclusive use of the property owner or resident for the purpose of vehicular parking, and/or pedestrian access.

5. Septic systems on a lot served by a public water system or a mutual water company, provided that the septic system is not closer than five (5) feet to any property line or adjacent to a lot that is not served by a public water system or a mutual water company.

6. Uses prohibited in setback areas: The following uses shall be prohibited in the setback areas:

   1. Septic systems unless approved through the variance process or permitted in section 17.108.130(D)(4).

   2. Stables or pens used for the raising or keeping of small animals.

   3. Covered walkways except as permitted by section 17.108.130(D)(3).

7. Projections in Setback Areas: Architectural projections including eaves, canopies, and balconies; deck and porch overhangs; and signs attached to a building shall not project more than three (3) feet into a required setback area.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 744 Sec. 1 on 3/14/1989 Amended by Ord. 862 Sec. I on 11/9/1993 Amended by Ord. 1011 Sec. I on 9/7/2004

The purpose of the following section is to limit the height of structures as needed to: support public safety; protect access to natural light, ventilation, and direct sunlight; support the preservation of neighborhood character; and to preserve viewsheds and scenic vistas.

1. Maximum height restricted: In any land use district, no building or structure shall be erected, placed or structurally altered to a height in excess of thirty-five (35) vertical feet above natural grade except as provided in section 17.108.140(B).

2. Exceptions: The following shall be excepted from the structure height regulations of all land use districts, except that such height shall not exceed those permitted in the airport district:

   1. Chimneys and flues.

   2. Accessory farm buildings, but not to exceed sixty (60) feet in height.

   3. In town planning areas without adopted specific plans, and all commercial and industrial zones, exceptions for permitted and approved commercial uses may be granted by the planning commission through the use permit determination process specified in Chapter 17.116.

   4. Also subject to the approval of the planning commission through the use permit determination process, cooling towers, elevators, fire towers, monuments, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, and mechanical appurtenances over forty-five (45) feet in height from ground level.

   5. Height restrictions shall not apply to broadcasting towers, aerials, t.v. antennas, windmills, or utility transmission and distribution poles and towers.

   6. The maximum height of any structure may be increased by not more than ten (10) feet, providing all required offsets and setbacks are increased by one (1) foot for each foot which such building exceeds the height limit of the land use district in which it is located, and the structure complies with all applicable fire code requirements.

3. Measurement: For purposes of determining height limits, natural grade shall be calculated from the uphill side of a building or structural boundary and shall be utilized as described on Appendix "A" attached hereto.

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HISTORY Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.108.150 Secondary Residences

Specific density standards of this element notwithstanding, one (1) secondary residence shall be permitted on an established parcel of land in all zones except commercial and industrial (except as specified in section 17.108.100(L)(4), of the county provided that the residence conforms to all health, safety, setback, zoning and applicable building code requirements.

HISTORY Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.108.160 Small Residential Care Facilities

Small residential care facilities shall be a permitted use in all zones in which residential uses are permitted when six (6) or fewer persons are provided twentyfour (24) hour care in a residence. In addition to the provisions of the Health and Safety Code, the following special standards shall apply:

1. Play areas for children must be fenced to prevent uncontrolled access to and from the site.

2. The facility shall conform to all other residential site design standards.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 1090 Sec. V on 8/7/2012 17.108.170 Day Care Facilities

Preschool, child day care, and adult day care facilities for twelve (12) or fewer persons shall be a permitted use in any zone in which residential uses are permitted. In addition to the provisions of the Health and Safety Code, the following special standards shall apply:

1. All outdoor play areas shall be enclosed with fencing a minimum of four (4) feet high, provided that such fencing is to be solid and a minimum of six (6) feet in height on any property line abutting a residential use on an adjoining lot.

2. In addition to the parking normally required for the residence an off-street drop-off area shall be provided with the capability to accommodate at least two (2) cars.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.108.180 Bed And Breakfast And Residential Transient Rentals

For purposes of this chapter, residential transient rental and vacation rental have the same meaning.

Bed and breakfast and vacation rental establishments (residential transient occupancy facilities) shall be considered permitted in all principal zones, except the M-1 and M-2 zones. Such uses in the AE zone are also subject to the standards contained in section 17.40.010.A.1 of this title. These provisions shall also be applicable in planning areas with adopted area plans unless otherwise specifically regulated or prohibited. An agricultural homestay is a permitted use in the AE zone, subject to compliance with development standards established by the zone and as contained herein. A vacation rental application may be processed for individual condominium units as shown on the condominium plan of Yosemite West, condominium project Phase No. 1 (Record of Survey No. 1835, Units A101–A112, A201–A212, B101–B112 and B201-B212), based on a September 21, 2001 planning director determination that found that the use of the condominium structures for vacation rental purposes is a legally existing non-conforming use. These uses shall not be detrimental to the district or to adjoining areas, including residential areas, by reason of appearance, traffic, noise, dust, smoke, or odor. Excludes any use the normal operation of which causes objectionable traffic, noise, dust, smoke or odor to be emitted, radiated, or carried beyond the boundaries of the property on which the operation is located. Bed and breakfast establishments and vacation rentals are defined in Chapter 17.148 and are located in a residence owned by the applicant. Agricultural homestays are defined in Chapter 17.148 and are located in the residence of the property owner or accessory dwelling or other existing dwelling. Bed and breakfasts, agricultural homestays, and vacation rentals shall meet the following requirements:

1. No more than three (3) bedrooms are available for occupancy by transients for vacation rentals.

2. No more than five (5) bedrooms are available for occupancy by transients for bed and breakfast establishments and agricultural homestays.

3. Occupancy in a vacation rental approved on or after April 14, 2016 shall be limited to ten (10) or fewer occupants. This limit shall apply to new vacation rental facilities, as well as vacation rental facilities which are being permitted following a property ownership change. Vacation rentals must post a minimum 8-1/2 x 11 inch notice over or next to the facility’s primary exit door stating “Maximum Occupancy 10 Persons”, or such lesser occupancy as desired by the owner or as required pursuant to section D below. Lettering shall be clearly visible through contrast from the background and a minimum of 1-1/2 inches in height and width.

4. Private on-site sewage disposal systems or small, private community systems that serve a bed and breakfast or vacation rental facility shall have sufficient capacity to serve 10 occupants within the facility. If such a system does not meet this design standard, the facility shall be limited to occupancy of two (2) persons per approved bedroom. Should the “maximum occupancy” allowed be less than 10 persons, the occupancy notice as described in Section C. above shall reflect that number.

d and breakfast or vacation rental facility shall have sufficient capacity to serve 10 occupants within the facility. If such a system does not meet this design standard, the facility shall be limited to occupancy of two (2) persons per approved bedroom. Should the “maximum occupancy” allowed be less than 10 persons, the occupancy notice as described in Section C. above shall reflect that number.

5. The structure and facilities used shall be approved for such use by the Mariposa County health department and shall at a minimum comply with the following standards:

   1. The residence shall be serviced by an approved community sewage disposal system, or have an individual system satisfying current code requirements. Existing and newly constructed individual systems shall meet the current sizing requirements of the health department for new dwellings based on the number of bedrooms in the dwelling, or the system shall be designed to serve the planned number of occupants. Septic systems serving homes constructed in 1985 or before may be required to be upgraded when the home is being converted to bed and breakfast or vacation rental use.

   2. Water supply shall be by an approved community system, or from an individual well or spring approved by the health department having quality and quantity satisfying current health department requirements.

6. The structure and facilities used must be inspected and found to be in conformance with the requirements contained in the current residential transient occupancy safety checklist, as developed and amended from time to time, by the Mariposa County fire department. The inspection and review shall be conducted by Mariposa County fire department staff or designee.

7. The structure and facilities used must comply with applicable provisions of the residential transient occupancy safety checklist.

8. An on-site sign of not more than four (4) square feet shall be posted and clearly visible from the nearest road. The sign shall contain the street address and may contain the name of the owner or the establishment. Larger signs shall require planning commission approval through the variance process.

9. At a minimum, an 8-1/2 x 11 inch written notice must be placed in each rental unit, which contains the following information:

   1. Instructions in case of fire or other emergency, including the name and phone number of the property owner or rental manager.

   2. Quiet hours are between 10:00 p.m. and 8:00 a.m., and shall be strictly enforced.

   3. Water and energy conservation measures.

   4. Proper use of wood burning stoves and fireplaces.

   5. Parking and snow removal requirements if necessary. No parking on roadway is permitted during snow removal periods declared by the director of public works, pursuant to county code, section 10.08.110.

   6. An identification of the character or area in which the unit is located (i.e. rural, agricultural, residential).

   7. A statement relative to respect for adjacent property owner's rights and trespassing concerns.

   8. Proper trash disposal, and bear preventive/control measures if applicable.

10. Vacation rentals must place a minimum 5 x 7 inch weather-proof notice that is easily and conspicuously visible at or near the main entrance to the vacation rental which contains the name and phone number of the property owner or rental manager. The property owner or rental manager must be available by phone in case of an emergency.

11. The structure and facilities used must be inspected and found in conformance with the requirements contained in the current residential transient occupancy safety checklist, as developed and amended from time to time by the Mariposa County building department. The inspection and review shall be conducted by the Mariposa County building director or designee.

12. The residential transient occupancy facility must have a valid “certificate of occupancy” issued by the building department or a “mobile home installation acceptance” issued by the California Department of Housing and Community Development (if required by the building department).

13. The following parking standards shall apply:

14. Bed and breakfast and agricultural homestay establishments shall have two (2) parking spaces for the residence plus at least one (1) space for each bedroom available for rent.

15. Vacation rental establishments shall have one (1) parking space for each bedroom to be rented.

16. Parking provided shall be maintained so that it is usable, and utilized at all times during the year, when it is occupied. Parking spaces in garages may be used to meet minimum parking standards. Stacked parking spaces may be allowed for individual vacation rental facilities but are not appropriate for bed and breakfast facilities.

17. Parking spaces shall be on-site, except as follows. In the Yosemite West Subdivision, Unit 1 (Record of Survey No. 1511, Parcels 1 through 294), off-street parking spaces may be approved to achieve the minimum parking standards where it is determined by the planning and public works directors that on-site parking is not feasible. The use of off-street spaces within a right-of-way or access easement may only be allowed if the design of the parking spaces is approved by the Mariposa County public works department through the encroachment permit process. If allowed and approved, off-street spaces shall be within and along the project site’s frontage.

e planning and public works directors that on-site parking is not feasible. The use of off-street spaces within a right-of-way or access easement may only be allowed if the design of the parking spaces is approved by the Mariposa County public works department through the encroachment permit process. If allowed and approved, off-street spaces shall be within and along the project site’s frontage.

14. Prior to issuance of a transient occupancy registration certificate, the applicant shall apply to the planning department for site plan review and approval. The planning department shall forward the application to the building department, health department, county fire department and CalFire for review. The site plan review and approval process shall not be required for a property which has a TOT Certificate and which is transferred into or within a trust; the TOT Certificate will simply require a name change to reflect the name of the trust. The site plan review and approval process shall also not be required for a property which has a TOT Certificate and which is purchased or transferred between parents and their children, as defined by California Revenue and Tax Code §63.1(c). The TOT Certificate will simply require a name change. Information specified in California Revenue and Tax Code §63.1(d)(1) may be required by the county.

15. Following approval by all appropriate agencies, a valid transient occupancy registration certificate shall be issued by the Mariposa County tax collector pursuant to Chapter 3.36 of Title 3, Mariposa County Code. The facility is not considered to be legally operating until the facility is issued a valid transient occupancy registration certificate.

16. Residential transient occupancy establishments are specifically excluded from the definition of "hotel" as described in this title.

17. On a yearly basis, by the 30th day of April, the owner or manager of a residential transient occupancy establishment shall provide to the planning department on a county-approved form confirmation that the establishment complies with the following:

18. Smoke alarms and CO detectors are in working condition with fresh batteries.

19. Fire extinguishers are adequately charged.

20. The structure and any improvements or modifications were constructed under appropriate building permits or permits from the CA Housing and Community Development Department (for mobile homes).

21. The facility remains compliant with the residential transient occupancy safety checklist in effect at the time the transient occupancy registration certificate was issued. This self-reporting requirement shall apply to all residential transient occupancy facilities, regardless of their approval date.

22. Failure of the landowner or manager to maintain the conditions and requirements of this section or failure to submit the annual facility compliance report would be deemed a violation and may result in the rescinding of the approval and Transient Occupancy Tax Certificate.

23. Mobile homes manufactured prior to January 1976 shall be prohibited from being approved for any transient occupancy within Mariposa county unless they meet the seal standards of the United States Department of Housing and Urban Development or equivalent standards established by the California Department of Housing and Community Development.

24. Transient occupancy uses shall be prohibited in a mobile home located within a mobile home park.

25. Any alterations to a mobile home structure must be or must have been approved by the California Department of Housing and Community Development through a permitting process. A mobile home with unpermitted alterations may not be approved for use for transient occupancy. It shall be the responsibility of the applicant to submit evidence of permitted alterations.

26. Only two vacation rentals shall be allowed per parcel, irrespective of the number of single-family residences located on the parcel.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 1059 Sec. I & II on 8/25/2009 Amended by Ord. 1074 Sec. III on 11/23/2010 Amended by Ord. 1116 Sec. I on 3/15/2016

The intent of these regulations is to reduce the proliferation of signs to maintain the scenic quality of the county’s transportation corridors and to generally preserve the rural appearance of the county. The purpose of this section is to establish specific standards for the location, installation, construction or modification of signs. These standards shall apply in all instances except as modified by specific sign standards contained in this title or other standards adopted pursuant thereto.

1. A temporary or permanent on-site sign or signs with maximum aggregate area of 16 sq. ft. and containing no outline tubing, flashing lights or moving parts shall be a permitted use on all parcels. Such signs shall have a maximum height of 20 feet. Off-site signs are prohibited unless specifically permitted by the principal zone. Wayfinding signs as defined in section 17.148.010 are a permitted use on all parcels. Signs on school district property throughout Mariposa county, regardless of the land use or zoning designation, shall be exempt from all specific sign standards outlined in the Mariposa County Code. Time limits for temporary signs are contained in section 17.148.010 of the Mariposa County Code.

2. A sign or signs, which convey specific information as described herein, shall be a permitted use on all parcels within the county, including parcels within town planning areas with or without adopted specific plans, notwithstanding anything to the contrary contained in any regulatory language in any specific plan, existing or adopted in the future. Such signs shall include, but not be limited to, outline tubing signs, however such signs shall contain no flashing lights or moving parts. Such signs shall be limited to a maximum aggregate area of 3 sq. ft. per business, which shall be in addition to the sign area permitted by this title or by other specific sign standards adopted pursuant thereto. An additional 3 sq. ft. of informational signage, in accordance with the standards contained herein, may be approved for businesses which have a second public entrance, provided that no more than 3 sq. ft. of informational signage is visible from any location on any public right-of-way. Such signs shall be installed inside a building, and shall be limited to the following information:

   1. OPEN, or CLOSED

   2. VACANCY, or NO VACANCY

   3. HOURS OF OPERATION Such signs shall not advertise the business or contain the business logo or trademark, and shall not advertise or identify products sold within or services provided by the business.

3. All legally installed and permitted signs which do not conform with the standards of this title shall be considered nonconforming and shall be permitted to remain on a parcel until such sign becomes an illegal sign or is subject to any of the following conditions:

   1. The sign is remodeled or relocated, the business name changes or there is any change in business ownership.

   2. The property owner requests permission to expand, remodel or enlarge the building or land use on the parcel containing the sign and the sign is affected by the construction.

4. Unless otherwise prohibited by this chapter, signs may be illuminated provided such illumination does not shine light upon a public street or on to an adjacent parcel or in any way create a public safety hazard. No sign shall be illuminated after 11:00 p.m. or close of business, whichever occurs last, or prior to 6:00 a.m.

5. The following exterior signs shall be prohibited: Moving or rotating signs; sign with flashing, moving, or animated illumination except signs which display time and temperature information; advertising signs that include the words “Stop, Look, Listen” or any word, phrase, symbol, lights, motion, sound, fumes, mist, or other effluent that may interfere with, mislead, or confuse the driving public; portable signs except for temporary real estate signs which advertise the particular property; signs on inflatable advertising devices when the device is attached or secured to the ground or building and signs extending above the peak of the roof.

6. Illegal signs, as defined by this title, shall be considered a zoning violation and a public nuisance and subject to the abatement procedures established in section 17.144 of this title.

7. Political signs, as defined by this title, shall comply with all of the following conditions:

   1. No political sign shall be placed within the right-of-way of any state highway.

   2. No political sign shall be placed within the easement or right-of-way or on or over any portion of a county maintained road.

   3. No political sign shall impair traffic safety, sight distance, or traffic flow on any county maintained road, privately maintained county easement, or state highway.

   4. No political sign shall be placed on county property.

   5. No political sign shall be placed sooner than ninety (90) days prior to the scheduled election.

   6. All political signs shall be removed within ten (10) days after the election.

   7. No individual political sign shall be larger than thirty-two (32) square feet.

   8. Political signs shall contain no outline tubing, flashing lights, or moving parts.

   9. These standards shall apply to all political signs throughout Mariposa county, including in planning areas, unless there are specific standards established for a political sign in the adopted area plan for a planning area. .

8. Gateway signs, as defined by this title, shall comply with all of the following conditions and requirements:

   1. The following locations shall be considered gateways to Mariposa county:

      1. The Mariposa and Merced county line at state highway 140;

      2. The Mariposa and Madera county line at state highway 49;

      3. The Mariposa and Madera county line at state highway 41 (one location to be chosen);

      4. The Mariposa and Stanislaus county line at state highway 132;

      5. The Mariposa and Tuolumne county line at state highway 132;

      6. The Mariposa and Tuolumne county line at state highway 120;

      7. Additional locations for gateway signs that are not listed above may be considered by the board of supervisors pursuant to a formal application, processing fee, and subsequent review and approval by the board.

9. One sign shall be allowed at each identified community gateway location. The sign may be single or double faced.

   3. No gateway sign shall be placed within the right-of-way of any state highway or other county public right-of-way.

   4. No gateway sign shall be larger than two hundred forty (240) square feet.

   5. The maximum height of each gateway sign shall not exceed 16 feet in height from existing ground surface or from existing road grade measured horizontally from highest point on the travel lanes of the road adjacent to the proposed sign location, whichever is highest.

   6. The specific message or copy of each sign shall be directed at tourists entering or exiting Mariposa county and highlighting the tourist amenities that Mariposa county has to offer. All other information on gateway signs shall be prohibited.

   7. Signs may incorporate external illumination into the sign design, however internally illuminated signs shall be strictly prohibited. If external lighting is used for signs, the lighting shall be shielded and directional and shall not shine light off-site.

   8. No gateway sign shall be placed in such a manner as to create any safety hazard for vehicular traffic.

   9. Subsections D. and E. of this section shall apply to gateway signs.

   10. The proposed design of each gateway sign shall be reviewed and approved by the board of supervisors through a design review application, together with applicable processing fees, submitted by the proponent to the planning department to ensure that the sign complies with the requirements contained herein. The application shall be approved prior to sign fabrication or installation.

10. Prior to adoption of an area plan, community information signs, not exceeding ninety-six (96) sq. ft. in area, may be located within a planning area. Such signs may include a map of the community, the location of or information about groups, civic organizations, and churches in the area. Such signs may also include information about meetings of community interest and other community activities and events. If the community information board is combined with an on-site advertising sign for a business or public entity, the advertising portion of the sign (for the business or public entity shall not exceed that which is otherwise allowed by county code.

HISTORY

Adopted by Ord. 800 Sec. I on 4/2/1991 Amended by Ord. 878 Sec. I on 11/1/1994 Amended by Ord. 889 Sec. I on 8/15/1995 Amended by Ord. 1070 Sec. II on 5/25/2010 Amended by Ord. 1092 Sec. III, IV, V & VI on 12/4/2013

17.108.200 Uses Prohibited In All Zones

The following land uses are prohibited in all zoning districts:

1. Medical marijuana dispensaries;

2. The collective or cooperative cultivation of marijuana;

3. The cultivation of marijuana for medical purposes by person(s) not residing on the property on a permanent basis.

4. Any activity and use within Mariposa County for which a license is required pursuant to California Business and Professions Code, Division 10, as it may be amended, including activities requiring a license pursuant to Adult Use of Marijuana Act, including commercial, or not for profit, cultivation, processing, manufacture, wholesale or retail sale or public consumption.

5. The cultivation of hemp, including the cultivation of hemp by established agricultural research institutions.

HISTORY

Adopted by Ord. 1086 Sec. IV on 12/20/2011 Amended by Ord. 1129 Sec. I on 10/17/2017 Amended by Ord. 1161 Section I on 2/23/2021

17.108.210 Transitional And Supportive Housing

Transitional and supportive housing shall be a permitted use in any zone district in which residential uses are permitted. Transitional and supportive housing shall only be subject to those restrictions that apply to other residential uses of the same type in the same zone district. There shall be no additional discretionary approval process required for transitional and supportive housing.

HISTORY

Adopted by Ord. 1090 Sec. VI on 8/7/2012

17.108.220 Special Event Facilities

The purpose of this section is to establish a process through which special event facilities, as defined in this title, can be located in rural areas of the county while also protecting the rural character of surrounding communities and areas.

1. Applicability: Special event facilities as defined in Chapter 17.148 of this title are allowed in the MH, MT, MG, MP and GF zones subject to the limits and standards set forth in this section. Such uses are also allowed in the AE zone, subject to the limits and standards set forth in this section, except such uses are not allowed on parcels encumbered by a Land Conservation Act (LCA) or Williamson Act contract.

2. Permit Process Requirements:

   1. Administrative Use Permit: Special events occurring eighteen (18) or fewer times per calendar year for no more than two consecutive days per event are subject to the issuance of an administrative use permit as described in Chapter 17.114 of this title, and the following restrictions:

      1. Events involving two hundred (200) or fewer guests or attendees at any time during the event may be allowed on parcels of ten (10) acres or more in size.

      2. Events involving three hundred (300) or fewer guests or attendees at any time during the event may be allowed on parcels of twenty (20) acres or more in size.

   2. Conditional Use Permit: Special events involving five hundred (500) or fewer guests or attendees at any time during the event, and located on parcels of forty (40) acres or more in size are subject to the issuance of a conditional use permit as described in Chapter 17.112 of this title. The conditional use permit shall determine the appropriate limits on the number of events to be held annually.

   3. Parcel Size Requirements: No events are allowed on parcels less than ten (10) acres in size, however if the property owner owns multiple adjacent parcels, then the total acreage of those adjacent parcels may be used to determine the permit process and occupancy limits.

3. The number of days of operation and numbers of guests or attendees described in the permitting processes above do not apply to annual or onetime events regulated through the Public Assemblage Permit Process as described in Chapter 8.28 of this code.

   5. Pursuant to County Code, Section 17.148.010 Definitions, uses that are accessory to a single-family residential use including private parties, private gatherings, and similar private activities that are not subject to a use agreement (or similar document) between a private individual or group and the homeowner are not defined as a special event and not subject to the requirements established by this section.

   6. The Mariposa County Agricultural Advisory Committee shall review and make a recommendation on proposed projects within the Agriculture/Working Landscape Land Use Classification and/or the Agriculture Exclusive Zone.

4. Application: A conditional use permit or administrative use permit application shall include the following items:

   1. Detailed site plan showing location of all existing and proposed structures and facilities on the site, including parking and driveway areas, exterior lighting, restrooms or areas for porta-potties, and any proposed temporary structures such as tents, stages, and dance floors.

   2. Description of the range of uses proposed and projected times and days of the week of operation.

   3. Map showing the location and distance of the facility to the nearest surrounding sensitive receptors such as single-family residences and other housing types, and the location and description of the width and surfacing of roadway(s) that access the site up to the nearest major collector or arterial. If any of the access roadways are not maintained by the state or county, the application shall include information regarding any entities responsible for road maintenance.

   4. Traffic management plan that includes the following:

      1. Ingress and egress locations and provisions for the unimpeded movement of emergency vehicles;

      2. Provisions for ensuring the orderly and safe arrival, parking, and departure of all vehicles and ensuring that traffic will not back-up or block private easements, county roads, intersections, state highways, or private driveways;

      3. The location of any temporary directional signs on driveway entrances and within parking lots to ensure the orderly flow of traffic; and

      4. Provisions for dust management.

   5. Sources and types of noise generation, expected decibel levels at property lines from all special event activities, and noise attenuation strategies.

   6. Information regarding food and beverages to be prepared and/or sold and/or distributed at the special events.

   7. Information regarding public health and sanitation facilities, including restrooms or porta-potties, drinking water, recycling areas, hand washing stations and solid waste storage and disposal.

   8. Fire safety provisions including limitations or allowances for open fires, fireworks, and outdoor cooking; safety for power generators; areas for mowing or weed eating; and posted emergency procedures.

5. Human health and safety including availability of a land line phone (if cell service is not available) and on-site security.

   10. Name and contact information for person(s) responsible during events.

   11. Any other information necessary to determine compliance with the standards established herein.

6. Operational Standards: The following standards are minimum requirements that may be made more stringent by conditions of approval adopted through the AUP and CUP processes. It is the business owner’s responsibility to ensure his/her/their facility continuously complies with all requirements of this section and all requirements established by conditions of approval, and that the operation of the facility does not create nuisances to off-site property owners.

   1. Except for multi-day or multi-weekend events such as seasonal pumpkin patch/harvest festivals in which AUP or CUP conditions of approval will determine days of operation, activities at a special event facility are limited to two (2) days, not including set-up and take down days, and the event duration per day shall not exceed twelve (12) hours. Activities involving amplified sound shall not commence prior to 9:00 a.m. and shall conclude no later than 10:00 p.m. Overnight camping associated with the event, on dry camp sites, may be allowed and may be subject to a Special Occupancy Park permit from the California Department of Housing and Community Development. Pursuant to applicable regulations in this Title, a maximum of two (2) vacation rentals may also be developed in conjunction with the special event facility.

   2. Noise: Based upon information contained in the Mariposa General Plan Volume III Technical Background Reports regarding normally acceptable noise levels in low density residential areas, noise generated by, and for the duration of, a special event, including amplified sound, shall not exceed 60 decibels at all property lines, unless an alternative limit is established through an AUP or CUP. Should three (3) or more complaints be submitted regarding noise generated by an event facility, the county may require the facility’s operator to provide a study, including recommendations for noise attenuating measures, by a qualified acoustical consultant. The county shall have the authority to implement the recommendations of the consultant.

   3. Access: All roadways from the nearest major collector or arterial serving the special event site shall meet the “Adequate Capacity” requirements of the Mariposa County General Plan as described in the Mariposa County Road Improvement and Circulation Policy. Access shall also comply with State Fire Safe Regulations, including maximum allowed dead-end road length, turnarounds and turnouts.

   4. Driveways: On-site driveways from the nearest intersecting roadway shall be a minimum of twelve feet (12’) wide if one-way traffic is proposed, and a minimum of eighteen feet (18’) if two-way traffic is proposed. Driveways shall also comply with State Fire Safe Regulations, including maximum allowed dead-end road length, turnarounds and turnouts.

7. Parking: The number of parking spaces shall be one (1) space per four (4) seats or one (1) space per four (4) people based on maximum occupancy of the event, whichever is greater.

   1. Aisle widths and parking lot layout within the parking areas shall conform to the dimensional standards shown in Section 17.336.030(C)(3) of this title. As an alternative, an engineered plan may be proposed.

   2. Public Health: Special event facilities shall provide a potable domestic water supply and an on-site sewage disposal or sewer service connection necessary to accommodate all special events in accordance with the requirements of the Mariposa County Health and Human Services Agency – Environmental Health Unit. Bottled water and/or porta-potties may be provided to meet this requirement, as approved by Environmental Health.

   3. Setbacks: Setbacks for all structures, permanent and temporary, and for all facilities associated with the event venue shall be a minimum of fifty (50) feet from property lines and adjoining road easements, with the exception that parking lots, parking lot access, and parking spaces may be located within the road easement setback area.

   4. Lighting: All new exterior/outdoor lighting shall comply with International Dark Sky Standards and shall be located, adequately shielded, and directed so that no direct light falls outside the property line, or onto the public roadway.

   5. Signage: All permanent and temporary signage shall comply with Section 17.108.190 of this title.

   6. Dust control: Fugitive dust shall be minimized by reducing vehicle speeds on driveways and parking areas on the project site, and, during visibly dry conditions, the application of water or other approved dust palliative. Paving or an appropriate depth of gravel may also be provided.

   7. Liability insurance: Adequate liability and property damage insurance or bonding shall be provided.

   8. Building occupancy: All buildings and structures proposed to be used as part of the event venue shall have obtained the required permit(s) for occupancy, including applicable Fire Code requirements.

   9. Accessibility for disabled persons: All requirements of California Building Code and applicable accessibility laws shall be met for the facility.

   10. Other permits shall be obtained as required, including but not limited to a Building Permit, a Grading Permit, an Air Pollution Control Permit, a CA ABC permit, a Food Facilities permit, and/or a commercial encroachment permit.

   11. Fire Safe Standards: Projects shall implement all fire safe standards required by CAL FIRE and the Mariposa County Fire Department.

   12. Non-compliance with operational standards or conditions of approval adopted for a project may result in the revocation of the permit to operate the facility.

8. Operational standards specific to the AE zone:

   1. Special events facilities shall not be permitted on AE zoned properties where no residential use exists on the property.

   2. Special event facilities shall not convert agricultural land to an alternative use for the purpose of developing or expanding a special event facility.

9. Public Noticing:

   1. In addition to the public hearing noticing requirements for a conditional use permit project contained in Section 17.132.020 of this title, hearing notices shall be sent to the owners of all properties located on any non-county roadway that serves the subject property, from the nearest county road and/or major collector or arterial.

   2. In addition to the public notification requirements contained in Section 17.08.120(D) of this title, approval of an AUP shall be noticed to the owners of all properties located within six hundred (600) feet of the subject property and the owners of all properties located on any non-county roadway that serves the subject property, from the nearest county road and/or major collector or arterial.

10. Annual Reporting and Monitoring of Events:

    1. On a yearly basis, by the last day of February, the owner or manager of a special event facility shall provide to the planning department on a county-approved form confirmation that the establishment and its operation comply with the requirements of this section. The report shall provide numbers of events held and attendance at events during the prior calendar year.

    2. The owner or manager of a special event facility shall keep records of events and attendance, and shall provide that information to the county upon request at any time during the calendar year (to verify compliance with the requirements of this section).

HISTORY

Adopted by Ord. 1167 Sec. II on 11/2/2021

17.108.230 Special Use Provisions For Historic Structures

All uses may be considered for structures or buildings included on the List of Historical Resources in Mariposa (or eligible to be on the List of Historical Resources in Mariposa as determined by the Historic Sites and Records Preservation Commission, which may require documentation), with the exception of permitted uses, regardless of the primary land use or zone within which the structure is located subject to the following provisions:

1. The planning commission may approve a conditional use permit on designated historic structures where it is demonstrated that the special use will be of benefit to the community by requiring the restoration and preservation of a historic structure to reflect its original state;

2. All exterior modifications, alterations or reconstruction to take place on the structure are to be described as part of the conditional use permit application, and if approved by the planning commission, are to be made part of the conditions granting the permit;

3. The planning commission shall follow standard conditional use permit procedures in reviewing special historic structure uses and shall not approve uses which have the potential for creating a public nuisance or have substantial detrimental effect on adjacent property. In reviewing such matters, the commission must consider the advantages of preserving a historic structure to the benefit of the county versus the possible negative effects of permitting a normally incompatible use in an area. Such review and deliberation may encompass alternative uses which may be of a lesser negative impact yet achieve the primary purpose of feasible historic preservation and restoration of historic structures;

4. The special use provisions of this section shall only apply to existing historic structures. A building or structure which has been demolished, destroyed or otherwise rendered unusable shall not be subject to these provisions nor shall these provisions apply to proposals which will result in such alterations or remodeling of the historic structure as to cause the structure to lose its original historic character and/or significance.

HISTORY

Adopted by Ord. 1171 Sec. I on 1/25/2022

17.112 Conditional Use Permits

17.112.010 Purpose And Issuance

17.112.020 Form Of Application

17.112.030 Public Hearing Required

17.112.040 Findings Of Approval

17.112.050 Conditional Use Permit Revisions

17.112.060 Modification Of Use

The purpose of the conditional use permit is to allow the proper integration of uses into the community, which may be suitable only in specific locations in a zone, or only if such uses are designed or arranged on the site in a particular manner.

Conditional use permits may be issued, as provided in the chapter, for any of the uses or purposes for which such permits are required or permitted by the terms of this Title, upon conditions designated by the planning commission.

The planning commission, may approve, deny, or conditionally approve an application for a conditional use permit.

The planning commission may impose such conditions as it deems necessary to secure the purposes of this title and may impose such requirements and conditions with respect to location, construction, maintenance, operation, site planning, traffic control, and time limits for the conditional use permit, as it deems necessary, for the protection of the property owners and the public interest, and may require tangible guarantees or evidence that such conditions are being, or will be complied with.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.112.020 Form Of Application

Application for a conditional use permit shall be made in writing by the owners of the property or by a lessee, purchaser in escrow or optionee with the consent of the owners, on a form prescribed by the county. The application shall be accompanied by a fee, as set by the board of supervisors, and plans showing the details of the proposed use.

No application shall be deemed complete until environmental review process has been completed, in accordance with the Mariposa County environmental review policies and procedures.

The planning commission shall not be required to conduct a hearing to reject an application which does not conform to the requirements of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

A public hearing in accordance with the provisions of Chapter 17.132, will be required on any application for a conditional use permit prior to action being taken by the planning commission to approve, deny, or conditionally approve the application.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.112.040 Findings Of Approval

In evaluating a proposed project, the planning commission prior to approving a conditional use permit, must find that all the following findings can be made:

1. That adequate open space is being provided;

2. That the site is physically suited for the proposed development;

3. That adequate provisions have been made for sewage disposal and handling of solid waste;

4. That the proposed development will have adequate potable water for public use and fire protection;

5. That the project complies with all standard and special setback requirements and appropriate buffers have been provided for adjacent land uses;

6. That appropriate access is available or is proposed to the development;

7. That the proposed use is consistent with the policies and standards of the general plan and any applicable specific plan;

8. That the project as approved will not have a significant effect on the environment, or the significant impacts have been eliminated or substantially lessened, or determined that the significant effects are unavoidable and acceptable due to overriding concerns.

9. That the establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use, and will not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the county. The planning commission shall impose any conditions and/or requirements it finds necessary to guarantee compliance with the findings in this section.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

The planning director may approve one or more revisions to an approved conditional use permit provided such revision does not result in a cumulative expansion of more than ten percent (10%) of the original site or use area or such revision, other than expansion, is deemed necessary and desirable for the best utilization of a site, and such revision will not result in creating a potential public nuisance or health and safety problem, will not create impacts which were not addressed by the original environmental determination for the project, and will not change the original intent of the conditional use permit. Notice of an approved conditional use permit revision shall be the same as specified by section 17.08.120.D of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

The planning director may approve one (1) or more modifications of use on an approved conditional use permit when it is determined that the proposed use is substantially similar to the originally approved use and that the proposed use will not create a public nuisance or health and safety problem, and that the proposed use will not create impacts which were not addressed by the original environmental determination for the project. Notice of an approved conditional use permit modification of use shall be the same as specified by section 17.08.120.D. of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.114 Administrative Use Permits 17.114.010 Purpose And Issuance

17.114.020 Form Of Application 17.114.030 Public Hearing Not Required 17.114.040 Findings Of Approval 17.114.050 Administrative Use Permit Revisions

17.114.060 Time Limits

17.114.070 Extension Of Time Limits

The purpose of the administrative use permit is to allow the proper integration of uses into the community, only if such uses are designed or arranged on the site in accordance with established development standards of this title and policies of the General Plan. Administrative use permits may be issued, as provided in the chapter, for any of the uses or purposes for which such permits are required or permitted by the terms of this title, upon conditions designated by the planning director. The planning director may approve, deny, or conditionally approve an application for an administrative use permit. The planning director may impose such conditions as deemed necessary to secure compliance with the requirements of this title, the General Plan or other regulations, and may impose such requirements and conditions with respect to location, construction, maintenance, operation, site planning, traffic control, and time limits for the administrative use permit, as are deemed necessary, for the protection of the property owners and the public interest, and may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

HISTORY

Adopted by Ord. 1074 Sec. IV on 11/23/2010

17.114.020 Form Of Application

Application for an administrative use permit shall be made in writing by the owners of the property or by a lessee, purchaser in escrow or optionee with the consent of the owners, on a form prescribed by the county. The application shall be accompanied by a fee, as set by the board of supervisors, and plans showing the details of the proposed use.

HISTORY

Adopted by Ord. 1074 Sec. IV on 11/23/2010

A public hearing in accordance with the provisions of Chapter 17.132 shall not be required on any application for an administrative use permit prior to action being taken by the planning director to approve, deny, or conditionally approve the application.

The planning director’s action to approve an administrative use permit shall be noticed pursuant to the requirements established in section 17.08.120.D, Mariposa County Code.

HISTORY

Adopted by Ord. 1074 Sec. IV on 11/23/2010

In evaluating a proposed project, the planning director prior to approving an administrative use permit, must find that all the following findings can be made:

1. That the proposed use is consistent with the policies and development standards of the general plan, the zoning ordinance, other county codes, any applicable area plan, and any other applicable code and regulations;

2. That there is no substantial evidence that the project as approved will have a significant adverse effect on the environment, and will not be detrimental to the public health, safety and welfare.

3. The planning director shall impose any conditions and/or requirements necessary to guarantee compliance with the findings in this section.

HISTORY

Adopted by Ord. 1074 Sec. IV on 11/23/2010

The planning director may approve one or more revisions to an approved administrative use permit provided such revision does not result in a cumulative expansion of more than ten percent (10%) of the original site or use area or such revision, other than expansion, and such revision is consistent with all applicable General Plan policies, County Code standards and other applicable codes and regulations. Notice of an approved administrative use permit revision shall be the same as specified by section 17.08.120.D of this title.

HISTORY

Adopted by Ord. 1074 Sec. IV on 11/23/2010

17.114.060 Time Limits

An approved administrative use permit shall be null and void if the project is not completed within three (3) years from the date of approval thereof, unless the planning director finds and stipulates in his original approval that a different time limit is necessary and not detrimental to the public health, safety and welfare, or, unless an extension of time has been approved. Notwithstanding anything to the contrary contained in this title, and notwithstanding the length of time for which permits may be issued pursuant to this title, nothing contained herein shall in any way affect the length of time for which permits are issued pursuant to the Mariposa County Building and Construction Code (Title 15).

HISTORY

Adopted by Ord. 1074 Sec. IV on 11/23/2010

17.114.070 Extension Of Time Limits

The planning director may approve one extension of time on an approved administrative use permit approved pursuant to this title, for up to eighteen (18) additional months after notice is given in the same manner as the original approval, if it finds that such extension is necessary and not detrimental to the public health, safety and welfare.

HISTORY

Adopted by Ord. 1074 Sec. IV on 11/23/2010

17.116 Use Permits Determinations 17.116.010 Purpose And Issuance 17.116.020 Form Of Application 17.116.030 Public Hearing Required 17.116.040 Granting Of Approvals 17.116.050 Planning Commission Disapproval

The purpose of the use permit determination is to allow the proper integration of uses into a TPA without an adopted specific plan, which may be suitable only in specific locations, or only if such uses are designed or arranged on the site in a particular manner. The intent is to permit and control uses which have the potential to be socially, economically, or environmentally incompatible with a surrounding area.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.116.020 Form Of Application

Application for a use permit determination shall be made in writing by the owners of the property or by a lessee, purchaser in escrow or optionee with the consent of the owners, on a form prescribed by the county. The application shall be accompanied by a fee, as set by the board of supervisors. Plans showing the details of the proposed use shall also be submitted and shall include at a minimum the information specified by section 17.08.150.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.116.030 Public Hearing Required

A public hearing is accordance with the provisions of Chapter 17.132 of this title, will be required on any application for a use permit determination prior to action being taken by the planning commission. However, notice shall only be given to property owners owning land contiguous to the proposed use. Notice shall also be posted on the affected property not less than fourteen (14) days prior to the public hearing and shall state the nature of the proposed use and the date and location of the public hearing.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.116.040 Granting Of Approvals

In considering an application, the planning commission shall give due regard to the nature and condition of adjacent properties, uses, and structures, and to the area affected by the proposed use.

The planning commission shall determine whether or not the establishment, maintenance, or operation of the use applied for will, under the circumstances of the particular case, be objectionable by reason of production or emission of noise, offensive odor, smoke, dust, bright lights, vibrations, involving explosives or dangerous materials, or which might constitute a public or private nuisance.

If the planning commission finds, based upon factual evidence adduced at the hearing that the aforementioned conditions will not be objectionable and will not create a private or public nuisance based upon the above criteria, it shall grant approval.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.116.050 Planning Commission Disapproval

If the planning commission is unable to make the required findings, the proposed use shall be subject to the provisions of the conditional use permit process specified in Chapter 17.112 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.120 Variances

17.120.010 Purpose

17.120.020 Form Of Application

17.120.030 Hearing And Notice Required 17.120.040 Investigations Of Facts Of Application 17.120.050 Necessary Findings And Conditions 17.120.060 Decisions 17.120.070 Minor Variances

The purpose of a variance is to allow variation from the strict application of the standards of this title, where it is found that practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this title, would occur by its implementation. The planning commission, on its own motion or through proper application by the public, may initiate proceedings for issuance of variances.

No variance shall be granted which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.120.020 Form Of Application

Application for a variance shall be made in writing by a property owner or by a lessee, purchaser in escrow, or optionee with the consent of the owners, on a form and in a manner as prescribed by the county. The application shall be accompanied by a fee, as set by the board of supervisors, for the variance.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.120.030 Hearing And Notice Required

Notice of a public hearing shall be given as set forth in Chapter 17.132 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

Amended by Ord. 912 Sec. II on 1/7/1997

17.120.040 Investigations Of Facts Of Application

The planning commission and/or its staff shall investigate the application and obtain all necessary information to assure that any action on a variance application is consistent with the intent and purpose of this chapter, and with previous action concerning variances.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.120.050 Necessary Findings And Conditions

Before a variance may be granted, it shall be shown that:

1. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the conditions applicable to the property involved, or to the intend use of the property, that do not apply generally to the property or class of use in the same zone or vicinity;

2. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zone or vicinity in which the property is located;

3. The granting of such variance will not adversely affect the comprehensive general plan.

4. There are special circumstances applicable to the property in which the strict application of zoning ordinance regulations will deprive the property of privileges enjoyed by other property in the vicinity and under the identical zone;

5. The granting of such variance will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated;

6. The planning commission shall impose any conditions and/or requirements it finds necessary to guarantee compliance with the findings by this section.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

The planning commission shall render its decision on the variance at the conclusion of the public hearing and recite the findings upon which the planning commission bases its decision.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.120.070 Minor Variances

1. The planning director is authorized to grant a minor variance for the following:

   1. Setbacks.

      1. Front yard setbacks may be reduced by not more than 25% of minimum requirements.

      2. Side and rear yard setbacks may be reduced by not more that 40% of minimum requirements, but no closer than 3 feet to any property line.

   2. Height of structures may be increased by not more than 10% of maximum permitted height.

   3. Sign area may be increased by not more than 10% of maximum permitted area.

   4. Parking spaces may be reduced in number by 10% of the required parking but not to exceed three spaces.

2. Findings and Conditions. Prior to approval, the planning director must find all necessary findings listed in section 17.120.050 A-E. The planning director shall impose any conditions necessary to guarantee compliance with these findings.

3. Notice. Public notice shall be given in the manner specified in section 17.132.010.

4. Appeals. The planning director’s determination may be appealed in accordance with section 17.136.

HISTORY

Adopted by Ord. 921 Sec. II on 5/6/1997

17.124 Development Agreements 17.124.010 Purpose 17.124.020 Authority 17.124.030 Limitation 17.124.040 Initiation 17.124.050 Qualification Of Applicant 17.124.060 Application 17.124.070 Fees 17.124.080 Withdrawal Of Application 17.124.090 Form Of Agreement 17.124.100 Review Of Application -- 17.124.110 Transmittal To The Planning Commission Public Hearing 17.124.120 Report Of The Planning Commission 17.124.130 Hearing By The Board Of Supervisors 17.124.140 Approval Of Development Agreement 17.124.150 Required Notice For Public Hearing 17.124.160 Initiation Of Amendment Or Cancellation 17.124.170 Recordation 17.124.180 Agreement File 17.124.190 Periodic Review 17.124.200 Procedure For Periodic Review -- 17.124.210 Hearing By Board Of Supervisors Modification Or Termination Following Periodic Review

This article is adopted for the purpose of providing a means of processing development permits which give a development project proponent reasonable assurance that a project can be carried out to its conclusion and the county of Mariposa can be assured that all reasonable on-site or off-site improvements and other conditions of project approval are constructed or carried out to the satisfaction of the county.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

This article is adopted pursuant to the California Government Code sections 65864 through 65869.5, as amended from time to time.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.124.030 Limitation

Unless otherwise expressed in this code, the provisions in this article are the exclusive procedures and rules relating to development agreements. In the event of conflict, these provisions shall prevail over any other provisions in this code.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

A development agreement may be initiated by:

1. An application of one or more qualified applicants as defined in section 17.124.050;

2. By resolution of intention of the board of supervisors;

3. By resolution of intention of the planning commission, with approval of the board of supervisors.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

Only a qualified applicant or his authorized agent may file an application pursuant to this article. A qualified applicant is a person who (which) has a legal or an equitable interest in the real property which is the subject of the development agreement. Such interest must be such that the applicant has or will have control of the use of the property during the proposed term of the agreement. The planning department may require an applicant to submit proof of his (its) interest in the real property and of the authority of the agent, if any, designated to act for the applicant. The planning department may require an applicant or agent to submit a title report from a reputable title insurance company or other evidence to verify the legal or equitable interest of the applicant in the property.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.124.060 Application

1. Application for a development agreement shall be made in writing to the planning office on a form prescribed by the planning department.

2. In addition to the information required by Sub-section (A) of this section, the planning department may require a qualified applicant to submit such additional information and supporting data as he considers necessary to process the application.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

For the purpose of defraying the expense involved in connection with an application, the board of supervisors may establish by resolution a schedule of fees. The schedule of fees shall be available in the planning office and on file in the office of the county clerk.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

An applicant may withdraw an application filed pursuant to this article at any time prior to board action on the application. Any fee required for processing the application shall not be returned or refunded to the applicant.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

1. The agreement shall contain all the matters required by Government Code section 65865.2, and such other matters as the board of supervisors determines to be appropriate.

2. The agreement shall be drafted on paper 8 1/2 inches by 11 inches and all attached exhibits shall be of a size to permit recording of the document pursuant to section 17.124.170.

3. The county counsel shall prepare a standard form of agreement, which when adopted by the board of supervisors, shall be used as the base document for each development agreement. Changes and additions to the standard form shall be made as individual circumstances dictate. An applicant may suggest modification to the standard form.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

1. The planning staff shall accept it for filing if it is complete and accurate.

2. The planning staff shall review the application and shall prepare a staff report and recommendation to the planning commission with regard to the proposed agreement.

3. The county counsel shall prepare a draft agreement and forward the same to the planning director.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

-- 17.124.110 Transmittal To The Planning Commission Public Hearing

The planning department shall transmit the application and the draft agreement to the planning commission for a public hearing when all of the necessary reports and recommendations are complete. Notice of the public hearing shall be given as provided in section 17.124.150. The application for a development agreement may be considered concurrently with other discretionary permits or approvals for the project.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.124.120 Report Of The Planning Commission

After the planning commission has held a public hearing, it shall render its decision in the form of a written report and recommendation to the board of supervisors. The report and recommendation shall include proposed findings on the matters stated in 17.124.130(C).

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.124.130 Hearing By The Board Of Supervisors

1. Upon receipt of the recommendation and report of the planning commission, the board of supervisors shall hold a public hearing. Notice of the public hearing shall be given as provided in section 17.124.150.

2. After the board has held a public hearing, it may approve, modify and approve, or disapprove the development agreement. It may, but need not, refer matters not previously considered by the planning commission to the planning commission for a report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred to it by the board.

3. The board shall not approve the development agreement unless it finds that the agreement:

   1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

   2. Is compatible with the uses authorized in and the regulations prescribed for, the land use zone(s) in which the real property is located;

   3. Is in conformity with public convenience, general welfare and good land use practices:

   4. Will not be detrimental to the health, safety and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the county as a whole;

   5. Will not adversely affect the orderly development or property or the preservation of property values;

   6. Is consistent with the provisions of Government Code sections 65864 through 65869.5.

4. The agreement may provide that the rules, regulations and official policies governing the permitted uses of land, density, design, improvement and construction standards or any one of these, shall be those rules, regulations and official policies in force at the date of execution of the agreement.

HISTORY Adopted by Ord. 704 Sec. 1 on 3/8/1988 17.124.140 Approval Of Development Agreement

If the board of supervisors approves the development agreement, it shall adopt an ordinance approving the agreement and directing the chairperson of the board to execute the agreement after the effective date of the ordinance.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

1. Notice of public hearings required by this article shall be given as provided in sections 65854, 65854.5 and 65856 of the Government Code, in addition to such other notice as may be required by section 17.132 of this title.

2. The notice requirements referred to in Sub-section (A) of this section are as required by the laws existing at the time of adoption of this article (Government Code sections 65854, 65854.5, 65856 and 65867). If state law is amended to prescribe a different notice requirement, notice shall be given in that manner.

3. The failure of any person to receive notice required by law of any hearing as required by this section shall not affect the authority of the board to enter into a development agreement.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.124.160 Initiation Of Amendment Or Cancellation

1. Any party to a development agreement may propose an amendment to or cancellation of the agreement in whole or in part.

2. Except as otherwise provided in this section and in Ssection 17.124.200, the procedure for proposing and adopting an amendment to, or a cancellation in whole or in part of, the development agreement shall be the same as the procedure for entering into an agreement in the first instance. However, if the county initiates a proposed amendment to or a cancellation in whole or in part of the agreement, the county shall first give written notice to each party other than the county who executed the agreement of its intention to initiate such proceedings, not less than thirty (30) days in advance of giving public notice of the hearing to consider such amendment or cancellation.

3. Any amendment to the development agreement which does not relate to the duration of the agreement, permitted uses of the property, density or intensity of use, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design, improvement and construction standards and specification, or any other condition or covenant relating to the use of the property shall not require a noticed public hearing before the parties may execute an amendment to the agreement.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

Within ten (10) days after the effective date of a development agreement, or any modification or the cancellation thereof, the clerk of the board shall have the agreement, the modification or the notice of cancellation recorded with the county recorder.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

The clerk of the board shall be the official custodian of the agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, modifications or cancellation, to the agreement.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.124.190 Periodic Review

1. The planning director shall not less than once every twelve (12) months from the effective date of the development agreement review the same for compliance with its terms and conditions. If the planning director finds that there is not compliance with those terms and conditions the planning director shall refer the development agreement to the planning commission for review at a public hearing.

2. The planning commission shall not less than once every thirty-six (36) months from the effective date of the development agreement review the same for compliance with its terms and conditions.

3. The planning department shall begin the review proceedings by giving notice of the periodic review of the development agreement to each party to the agreement other than the county. He shall give such mailed notice at least twenty (20) days in advance of the time at which the matter will be considered by the planning commission.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.124.200 Procedure For Periodic Review

1. The planning commission shall conduct a public hearing at which time the party or parties to the agreement, other than the county, must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue shall be upon such party or parties.

2. The planning commission shall determine upon the basis of substantial evidence whether or not, for the period under review, there has been compliance in good faith with the terms and conditions of the agreements.

3. After the public hearing the planning commission shall render it determination in the form of a report to the board of supervisors. If the planning commission determines that there has not been compliance in good faith with the terms and conditions of the agreement, the commission may include in its report a recommendation for the modification or termination of the agreement.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 -- 17.124.210 Hearing By Board Of Supervisors Modification Or Termination Following Periodic Review

1. The board shall place the report of the commission on its agenda at the second regularly scheduled board meeting following the planning commission meeting at which the report was made.

2. If the planning commission reports that there has been compliance in good faith with the terms and conditions of the agreement for the period under review, the board shall accept the report for filing and shall not take any further action unless:

   1. The board, on its own motion, votes to set the matter for hearing; or

   2. An appeal is filed from the determination of the planning commission.

3. If the planning commission reports that there has not been compliance in good faith with the terms and conditions of the agreement for the period under review, the board shall hold a public hearing to consider the report and recommendation of the commission.

4. Whenever the commission report is scheduled for hearing, notice of such hearing shall be given, as provided in section 17.124.150. Such notice shall provide:

   1. The time and place of the public hearing;

   2. A statement that the planning commission has or has not determined that there has not been compliance in good faith with the terms and conditions of the agreement for the period under review;

   3. A statement that the board of supervisors may terminate or modify the agreement at the conclusion of the hearing.

5. At the conclusion of the public hearing, the board may refer the matter to the planning commission for a further report and recommendation, or it may make a final determination on whether or not there has been compliance in good faith with the terms and conditions of the agreement. If the board finds and determines, on the basis of substantial evidence, that there has not been compliance in good faith with the terms and conditions of the review, the board may terminate the agreement or the board may modify the agreement and impose those conditions which it considers necessary and appropriate to protect the interests of the county. Any court action or proceeding to attack, review, set aside, void or annul the final determination by the board shall be commenced within sixty (60) days from the date upon which a final determination is made, as set forth in section 17.124.190.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.128 Amendments

• 17.128.010 Purpose And Intent 17.128.020 Initiation Of Action

• 17.128.030 Planning Commission Hearing 17.128.040 Planning Commission Recommendation 17.128.050 Board Of Supervisors Hearing 17.128.060 Abandonment Of Proceedings 17.128.070 Concurrent Proceedings

The provisions of this title or the general plan or zoning classifications on individual parcels, may be amended in accordance with this chapter whenever the public interest requires such amendment.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.128.020 Initiation Of Action

An amendment to this title, or the general plan or zoning classifications on individual parcels, may be initiated by:

1. The verified petition of one or more owners of property affected by the proposed amendment, such petition shall be filed with the planning department as an application in compliance with requirements established by the county, and accompanied by a fee as prescribed by the board of supervisors; or

2. A resolution of intention by the board of supervisors; or

3. A resolution of intention by the planning commission.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

The planning commission shall hold a public hearing on any proposed amendment to this title or the general plan or zoning classifications on individual parcels after giving the public notice required by section 17.132 of this title, provided that if the amendment does not affect the permitted uses nor the intensity of uses of real property, section 17.132.020A and D shall not apply. The purpose of the hearing shall be to receive testimony from parties interested in the proposed amendment, consider the recommendations of the planning director, and adopt a recommendation and submit this recommendation to the board of

supervisors. The public hearing on a proposed amendment may be continued from time to time, provided that such hearing shall be completed and a recommendation adopted within sixty (60) days of the first noticed date of public hearing.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.128.040 Planning Commission Recommendation

After the public hearing, the planning commission shall submit a written recommendation to the board of supervisors on the proposed amendment, setting forth the reasons for the recommendation and findings on the matters stated in section 17.128.050C.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.128.050 Board Of Supervisors Hearing

1. Upon receipt of the recommendation of the planning commission, the board of supervisors shall hold a public hearing after giving notice in the manner specified by section 17.128.030.

2. The board of supervisors may approve, modify or disapprove the recommendation of the planning commission, provided that any modification of a proposed amendment by the board of supervisors not previously considered by the planning commission shall first be referred to the planning commission for report and recommendation. The planning commission is required to hold a public hearing on such referral. Failure by the planning commission to report within ninety (90) days after the referral shall be deemed approval of the proposed modification to the amendment.

3. The board shall not approve the amendment unless it finds:

   1. That such an amendment is in the general public interest, and will not have a significant adverse affect on the general public health, safety, peace, and welfare;

   2. That such an amendment is desirable for the purpose of improving the Mariposa County General Plan with respect to providing a long term guide for county development and a short term basis for day-to-day decision making;

   3. That such an amendment conforms to the requirements of state law and county policy;

   4. That such an amendment is consistent with other guiding policies, goals, policies, and standards of the Mariposa County General Plan;

   5. In the case of an amendment to the zoning classification on an individual parcel or General Plan Land Use Map,

4. the subject parcel is physically suitable (including, but not limited to access, provision of utilities and infrastructure, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development; and

   2. the proposed zoning is logical and desirable to provide expanded employment opportunities, or basic services to the immediate residential population or touring public.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.128.060 Abandonment Of Proceedings

Subsequent to the initiation of an amendment and prior to its enactment by the board of supervisors, the amendment proceedings may be terminated in the following ways:

1. Any petition for an amendment may be withdrawn upon written application to the planning commission by a majority of the petitioners;

2. The board of supervisors or the planning commission, as the case may be, may by resolution abandon proceedings for an amendment initiated by its own resolution of intention, provided that such abandonment may be made only when the matter is before such body for consideration, and provided that any hearing of which public notice has been given shall have been held.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.128.070 Concurrent Proceedings

Any amendment to the title, which requires an amendment to the Mariposa County General Plan, may be heard concurrently with the general plan amendment hearings provided that all requirements of both amendment procedures are complied with and provided that action on any general plan amendment is taken prior to action being taken on the amendment to this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.132 Public Hearings

17.132.010 Public Hearing Required

17.132.020 Public Notification 17.132.030 Notification Contents 17.132.040 Public Hearing--Rules Of Conduct 17.132.050 Burden Of Proof

17.132.010 Public Hearing Required

Public hearings before the Mariposa County board of supervisors and planning commission shall be conducted in a manner and in accordance with the procedures set forth in this chapter, unless otherwise provided in this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.132.020 Public Notification

All public hearings shall be noticed in accordance with this chapter and section 65090 et seq. of the Government Code. The standards established by this chapter are minimum standards and shall be expanded if required by state law.

1. The current assessment roll of Mariposa county shall be used to identify owners of property surrounding and including the project parcel boundaries. Notice shall be mailed or delivered to those individuals as listed on the current assessment roll.

   1. Notice shall be mailed or delivered to the owner of the subject real property or the owner’s duly authorized agent, and to the project applicant.

   2. Noticing requirements for the CG-1, CG-2, CR, M-1 and M-2 zones shall be twenty-five hundred (2,500) feet from the project parcel boundaries.

2. Notice within any town planning areas as described in Chapter 17.12 shall be three hundred (300) feet from a project parcel boundary.

   4. Notice for all other areas shall be 600 feet from the project parcel boundaries.

   5. If the number of owners to whom notice would be mailed or delivered pursuant to this section is greater than 1,000, in lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the county at least 10 days prior to the hearing. The notice shall appear during two separate weeks.

3. A notice shall be published in a newspaper of general circulation within the county at least once.

4. The planning department shall have a copy of the notice of the time and place of the hearing posted in not less than three(3) public places at least ten (10) days before the date set for the hearing. At least one of these notices shall be posted in the affected neighborhood or community. The planning department shall maintain a list of sites where notice in neighborhoods or communities will be posted.

5. Notice for amendments pursuant to Chapter 17.128 of this title which affect the permitted uses or intensity of uses of real property shall be mailed or delivered to each local agency expected to provide water, sewage, streets, road, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

6. All notifications shall be mailed at least twenty (20) days prior to the scheduled hearing date, and published at least ten (10) days prior to the scheduled hearing date. Failure of a property owner of record to receive a mailed notice shall not invalidate any hearing conducted in accordance with this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 800 Sec. IV on 4/2/1991 Amended by Ord. 912 Sec. II on 1/7/1997

17.132.030 Notification Contents

All mailed or published notices shall contain the following information:

1. A general description of the type, description and location of the project;

2. The location where initial studies, staff reports, and any other relevant information on the proposed project may be reviewed;

3. The actions to be taken with respect to the proposed project;

4. The anticipated closing date of the public review and comment period;

5. The date, time, and location of the public hearing on the proposed action, and name of the body before which the matter is to be heard;

6. Options an affected property owner may have with respect to the proposed project, including comments and appeal rights;

7. The rules of procedures of a public hearing will be included in the mail notices.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.132.040 Public Hearing--Rules Of Conduct

All public hearings shall be conducted as follows:

1. All public hearings conducted in accordance with the provisions of this title shall follow such rules of proceedings as prescribed by state law, local code, and adopted policy of the board of supervisors as amended from time to time;

2. Any decision resulting from a matter heard in accordance with this chapter, shall be rendered in the form of a resolution or ordinance at the conclusion of the public hearing;

3. No decision shall be considered rendered until such resolution, as described above, is formally adopted by the body before which the matter is heard;

4. A public hearing may be continued from time to time by the hearing body and shall not require re-notification provided that at the time the hearing is continued, a time, date, and place is set for the continued hearing.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

The applicant or petitioner has the burden and shall offer competent evidence in support of their application or petition.

HISTORY

Adopted by Ord. 912 Sec. II on 1/7/1997

17.136 Appeals

17.136.010 Appeals Generally

17.136.020 Appeals Of Planning Department

17.136.030 Appeals Of The Planning Commission 17.136.040 Public Notice And Hearing

Decisions of the planning director or planning commission may be appealed by an applicant or aggrieved person in accordance with this chapter.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

Any determination of the planning director which is made in accordance with the provisions of this title may be appealed to the planning commission or board of supervisors within twenty (20) days of written determination. All determinations shall be in writing. Any appeal initiated in accordance with this chapter shall be filed with the secretary of the planning commission or the clerk of the board of supervisors and accompanied by any fee, as may be required by the board of supervisors' policy, and shall be decided by the planning commission or the board of supervisors following a hearing. All appeal decisions by the planning commission or board of supervisors shall be rendered by formal resolution.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 Amended by Ord. 937 Sec. I on 9/22/1998

17.136.030 Appeals Of The Planning Commission

All matter decided by the planning commission in accordance with this title may be appealed to the Mariposa County board of supervisors within twenty (20) days of determination. Any appeal initiated in accordance with this chapter shall be filed with the clerk of the board of supervisors. The board, on its own motion, may review any matter decided by the planning commission in accordance with provisions of this title. All appeal hearings conducted in accordance with the provisions of this title shall follow such rules of proceedings as prescribed by state law, local code, and adopted policy of the board of supervisors as amended from time to time. All appeal decisions by the board of supervisors shall be rendered by formal resolution.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.136.040 Public Notice And Hearing

An appeal of a determination by the planning director or planning commission shall be considered at a hearing with notice given to all persons directly involved. Notice shall be provided in accordance with Chapter 17.132 of this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997

17.140 Revocations 17.140.010 Conditional Use Permits And Variances Declared Null And Void 17.140.020 Conditional Use Permits And Variances--Extension Of Time 17.140.030 Conditional Use Permits And Variances--Revocation 17.140.040 Conditional Use Permits And Variances--Conditions Of Revocation 17.140.050 Conditional Use Permits And Variances--Revocation Hearing 17.140.060 Commission Action 17.140.010 Conditional Use Permits And Variances Declared Null And Void

Any conditional use permit or variance shall be null and void if not used and/or fully implemented within three (3) years from date of approval thereof, unless the approval authority finds and stipulates in its original approval that a different time limit is necessary and not detrimental to the public health, safety, and welfare, or an extension of time has been approved.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.140.020 Conditional Use Permits And Variances--Extension Of Time

The approval authority may approve one extension of time on a conditional use permit or variance permit approved pursuant to this Title, for up to eighteen (18) additional months, after notice is given in the same manner as the original approval, if it finds that such extension is necessary and not detrimental to the public health, safety, and welfare.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.140.030 Conditional Use Permits And Variances--Revocation

A conditional use permit or variance may be revoked by resolution of the planning commission, if it is found than any or all of the requirements that were imposed as conditions on the conditional use permit or variance has not been met. Such revocation cannot take place until all procedures for public hearings,

as stipulated in this chapter and Chapter 17.132 of this title have been performed. After final determination is made following the public hearing on such a revocation, the planning commission must develop findings explaining the grounds for revocation and base the revocation on those findings.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.140.040 Conditional Use Permits And Variances--Conditions Of Revocation

Any conditional use permit or variance may be revoked by the planning commission in the manner hereinafter set forth, if any one of the conditions or terms of such permits are violated, or if any of the following findings are made:

1. In connection with conditional use permits:

1. The continuance of the use would be substantially detrimental to the health and safety of the persons residing or working in the neighborhood of such uses;

2. The conditions of the permit are violated;

3. Activities carried out on the premises for which the permit was granted are or have been in violation of state law or county regulations.

4. In connection with variances:

   1. Continued relief from the strict application of the terms of this title will be contrary to the public safety and health;

   2. Conditions of the variance are being or have been violated.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 912 Sec. II on 1/7/1997 17.140.050 Conditional Use Permits And Variances--Revocation Hearing

Before the planning commission considers revocation of any conditional use permit or variance, a public hearing shall be held on the matter in accordance with the provisions of Chapter 17.132 of this title. Notice of the hearing shall be provided to the permittee by certified mail at the last known address of the permittee.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

Amended by Ord. 912 Sec. II on 1/7/1997

At the conclusion of a hearing or revocation, the planning commission shall take action, by resolution, to revoke or modify the permit.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.144.020 Zoning Enforcement Administration 17.144.030 Extent Of Zoning Enforcement 17.144.040 Lawfulness Of Permits And Licenses 17.144.050 Declaration Of Public Nuisance 17.144.060 Violation Constitutes Infraction 17.144.070 Role Of The Planning Director 17.144.080 Right To Appeal 17.144.090 Role Of The Planning Commission 17.144.100 Role Of The Board Of Supervisors

The purpose of this chapter is to provide for the resolution of violations of this title. The objective of the board of supervisors is to obtain compliance with the code and to provide reasonable opportunities for the county and property owners to work together for this purpose.

1. For purposes of this title, the planning director shall act as the zoning enforcement officer of the county and take such actions as necessary to assure fair and equal enforcement of this title.

2. The zoning enforcement officer shall be governed by the provisions of this title and shall be responsible for administering its provisions as directed by the board of supervisors.

3. The planning director shall be responsible for the preparation of written administrative guidelines for the implementation of this chapter to be approved by the board of supervisors.

It shall be the duty of the zoning enforcement officer to enforce the provisions of Title 17 pertaining to the use of land or buildings, and the: erection, construction, reconstruction, moving, alteration, or addition to any building or structures.

Any permit or license of any type issued by any department or officer of the county, issued in conflict with the provisions of this title, shall be null and void.

Upon adoption of this title, any land, buildings or structures: erected, constructed, altered, enlarged, converted, moved or used contrary to the provisions of this title, or any failure to comply with the conditions attached to the granting of any development permit, special use permit or variance is hereby declared to be unlawful and a public nuisance. The planning commission may, after conducting a noticed hearing, declare a use located on any parcel within the county a public nuisance. The subject use must be found to be a nuisance which affects at the same time an entire community or neighborhood, or any considerable number of persons. The county counsel shall commence the necessary action or proceedings for the abatement, removal and enjoining thereof in the manner prescribed by law in the courts which may have jurisdiction to grant such relief as will accomplish such abatement and restraint. The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in this title or any other law or ordinance.

1. Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title is guilty of an infraction, and if found guilty by a court of competent jurisdiction shall be punished by a fine as specified in section 1.20.030 of the county code. As specified in §1.20.040A, separate offense shall have been committed for each and every day during which a violation of any portion of this title persists.

2. The number of violations for which a violator may be fined shall commence from the date of the notice of violation, but shall not include any days during the period in which the matter is being appealed. The daily count of violations resumes again upon the conclusion of the appeal period, which shall be defined as the date of the final administrative action.

3. The decision to issue a citation shall be subject to the review and approval of county counsel.

1. When a request for investigation of an alleged violation of this title is received, the planning director shall cause an investigation to be commenced to determine the validity of the complaint and the nature of the violation.

2. After an investigation alleges there may be a violation, the director shall cause a “notice of intent to find a zoning violation” to be mailed to the property owner of record. The notice shall explain to the property owner that an investigation has been completed and the director is prepared to find a zoning violation exists. The notice shall inform the property owner that the director will make this finding in fourteen calendar days from the date of the notice. The notice of intent will explain the process for resolving violations and offer an opportunity for the property owner to contact the planning department prior to the filing of the notice of violation. The notice shall be written in plain language recognizing that the department is making an early notification and has not made a final determination whether or not there is a violation. The form of the notice of intent to find a zoning violation shall be included in the procedures required by this chapter.

3. If the director finds that a violation allegedly exists, the written correspondence with the property owner shall always include a description of the procedures or the right to appeal the decision to the planning commission or board of supervisors.

1. Any person notified of an alleged violation of this title shall have the right to appeal the determination to the planning commission or the board of supervisors.

2. The person may appeal:

   1. the determination that a violation allegedly exists;

   2. the proposed remedy to resolve the alleged violation; or

   3. the proposed timeline for accomplishing the remedy.

3. The appeal shall be filed with the county within twenty calendar days of the date of the notification of the alleged violation pursuant to the requirements of Chapter 17.136. The appellant may select to appeal to the planning commission or directly to the board of supervisors. Appealing this matter to the planning commission does not preclude a later appeal to the board of supervisors pursuant to this chapter.

1. The planning commission shall conduct a hearing with notice pursuant to this title. The commission shall conduct the appeal hearing to accomplish the purpose of this chapter.

   1. Based upon the reason for the appeal, the commission may find that there is a violation or it may find that there is insufficient evidence in the record to support the finding that a violation exists. If the commission finds that there is no violation, the matter is closed.

   2. If the commission finds that there is a violation of this title, it may concur with the director’s proposed remedies, it may modify the proposed remedies, or it may establish a timeline by which the violation is to be resolved.

2. Any action of the planning commission concerning a violation may be appealed to the board of supervisors pursuant to the requirements of Chapter 17.136. The appeal may be filed by the alleged violator or by any interested party, and shall be filed within 20 calendar days of the date of the commission’s action.

3. If an appeal is not filed in a timely manner, the planning director shall turn the planning commission’s decision to county counsel for a decision to pursue the violation as a public nuisance or as an infraction of the county code.

1. The board of supervisors shall conduct a hearing with notice pursuant to this title. The board shall conduct the appeal hearing to accomplish the purpose of this title. The board shall review the results of the planning director’s investigation. If the matter was previously appealed to the planning commission, the board shall consider the commission’s findings. The board shall also receive comment from the person alleged to have violated this title and from any aggrieved party.

   1. Based upon the record before it, the board shall render its decision. The decision of the board is the final administrative action before the county. The board may find that the matter is a violation of this title. The board may find that no violation exists. The board’s decision is final.

   2. If the board finds that a violation exists, it shall order a remedy and time frame for completion to be implemented to accomplish the purposes of this title.

2. The board shall refer this matter to county counsel, who shall be responsible for taking further action if the remedy is not successfully implemented within the assigned time frame.

17.146.010 Purpose And Intent

17.146.020 Applicability

17.146.030 Application Requirements

17.146.040 Review Authority

17.146.050 Review Procedures

17.146.060 Required Findings And Decision 17.146.070 Appeal Of Determination 17.146.080 General Provisions

It is the policy of the county of Mariposa to provide individuals with disabilities reasonable accommodation in its application of zoning standards and other land use regulations, policies and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities pursuant to the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts). This chapter provides a procedure for making requests for reasonable accommodations in zoning standards and other land use regulations, policies and procedures to comply fully with the intent and purpose of fair housing laws.

HISTORY

Adopted by Ord. 1120 Sec. I on 11/15/2016

Persons defined as disabled under the acts may request reasonable accommodations when the strict application of the provisions within the county’s general plan or this title act as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. A request for reasonable accommodation may be made by any person with a disability, his or her representative (e.g. family member, care provider, etc.), or a provider of housing for persons with disabilities.

A request for reasonable accommodation may include a minor modification or exception to the standards contained in the county’s general plan and zoning ordinance relating to the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

HISTORY

Adopted by Ord. 1120 Sec. I on 11/15/2016

A request for reasonable accommodation must be filed on an application form provided by the planning department, shall be signed by the applicant and shall include the following information:

1. The applicant’s name, address and phone number;

2. The name and address of the property owner if different than the applicant;

   1. The property owner, if different than the applicant, shall be required to sign an affidavit stating they do not object to the application for reasonable accommodation.

3. Verification that the property is the primary residence of the person(s) for whom the reasonable accommodation is requested.

4. The address for the property for which the reasonable accommodation request is being made;

5. Current use of the property;

6. A description of how the property will be used by the person(s) requesting reasonable accommodation;

7. The specific reason the requested accommodation is necessary to make a particular dwelling available to the disabled person(s) with a citation of the specific provision within the general plan or this title from which accommodation relief is being sought;

8. The basis for the claim that the acts apply to the person(s) requesting the reasonable accommodation and evidence supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a disabled person license or other appropriate evidence which establishes that the person(s) needing the reasonable accommodation is disabled pursuant to the Acts;

9. The planning department shall assist the applicant in completing the form, as necessary, or, shall elicit oral information from the applicant necessary for the department to complete the form itself. In the event the department completes the form by eliciting oral information from the applicant, the department shall read the completed form to the applicant to ensure its accuracy and shall provide a copy of the completed form to the applicant.

HISTORY

Adopted by Ord. 1120 Sec. I on 11/15/2016 17.146.040 Review Authority

The planning director shall review and make a written determination regarding a request for a reasonable accommodation.

HISTORY

Adopted by Ord. 1120 Sec. I on 11/15/2016 17.146.050 Review Procedures

1. Planning director review. The planning director shall make a written determination with findings within thirty (30) calendar days following the submittal of a complete application and either approve, approve with modifications, or deny a request for a reasonable accommodation in compliance with Section 17.146.060 below.

2. Conditions of approval. In approving a request for reasonable accommodation, the director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings shown in section 17.146.060 below.

3. The planning director may consult with other Mariposa county agencies if the reasonable accommodation request affects the jurisdiction or the review, permitting and/or enforcement processes of those agencies. The planning director may review general plan and zoning standards when considering a request for reasonable accommodation, including, but not limited to, land use classification, zoning district, design, setback, and lot coverage standards.

4. Stays. If necessary to reach a determination on the request for reasonable determination, the director may request further information from the applicant consistent with the Acts, specifying in detail the information that is required. In the event a request for additional information is made, the thirty (30) calendar day period to issue a decision is stayed until the applicant responds to the request.

HISTORY

Adopted by Ord. 1120 Sec. I on 11/15/2016

The written decision to approve, approve with modifications, or deny a request for reasonable accommodation shall be consistent with the Acts and based on consideration of the following findings and any other relevant information upon which the decision is based as determined by the planning director on a caseby-case basis. The planning director shall not approve a request unless it is found that:

1. The housing, which is the subject of the request, will be used by an individual disabled under the acts.

2. The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the acts.

3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the county.

4. The requested reasonable accommodation would not require a major or fundamental alteration to the county’s general plan land use policies and/or zoning ordinance standards.

5. The requested reasonable accommodation will not be injurious to property or improvements in the surrounding area and will not adversely affect the health and safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare.

HISTORY

Adopted by Ord. 1120 Sec. I on 11/15/2016

1. The written determination by the planning director to approve, approve with modifications or deny a request for reasonable accommodation may be appealed in accordance with Chapter 17.136 of this title.

2. All appeals shall be filed with the Mariposa County planning commission secretary or the clerk of the Mariposa County board of supervisors on a notice of appeal form obtained at the planning department or on-line, and shall contain all required information including a statement of the grounds for the appeal.

3. An individual needing assistance in filing an appeal on an adverse decision shall be provided assistance by the planning department to ensure that the appeals process is accessible.

HISTORY

Adopted by Ord. 1120 Sec. I on 11/15/2016

17.146.080 General Provisions

1. Rescission. An approval or approval with modifications made in compliance with this chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances (e.g., the individual defined as disabled under the acts vacates the subject site, etc.).

2. Severability. The sections of this chapter are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, or portion of these sections, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances.

3. Fees. An applicant for a request for reasonable accommodation shall not be assessed a fee to process the application.

4. Any information identified by the applicant as confidential that is submitted to the county as part of an application or appeal shall be retained by the county in a manner that respects the privacy rights of the applicant/appellant and shall not be made available for public inspection.

HISTORY

Adopted by Ord. 1120 Sec. I on 11/15/2016

17.148 Definitions

17.148.010 Definitions Of Terms And Phrases

The following terms and phrases shall be used in this title and are listed alphabetically:

Accessory building: A building or portion of a building subordinate to the principal building and used for the purpose customarily incidental to the permitted use of the principal buildings. (Example: A garage for a residence or a maintenance building for a motel.) (Ord. 704 Sec. l, 1988)

Accessory dwelling: "Accessory dwelling" means either an attached or detached dwelling unit which provides potential living facilities for one or more persons. Included are caretaker quarters. (Ord. 1074 Sec. II, 2010).

Accessory use: A use of land subordinate to the principal use of the land and customarily incidental to the permitted use of that land; also known as a secondary use. (Ord. 704 Sec. 1, 1988).

Agricultural activity or operation: "Agricultural activity or operation" shall mean any activity or operation which has to do with agriculture and shall include, but not be limited to, the cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting and processing of timber or apiculture; the raising of livestock, fur-bearing animals, fish or poultry; and any commercial agricultural practices performed as incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. (Ord. 888 Exh. "B", 1955).

Animal hospital and veterinary services: Establishments where animals receive medical treatment, surgical treatment, shelter and care on a commercial basis. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and boarding of animals is included if accessory to the hospital use; no exterior boarding of animals is allowed. (Ord. 1087 Sec. VII, 2012).

Agriculture: Animal husbandry and the production of crops. (Ord. 704 Sec. 1, 1988).

Agricultural homestay: “Agricultural homestay use” means a business that provides overnight transient occupancy accommodations in five or fewer guest rooms with not more than ten (10) guests; and serves meals at any time to only registered guests, who actively participate in the guest’s education and the onsite agricultural activities. Agricultural homestays are located in the residence of the property owner or accessory dwelling or other existing dwelling. (Ord. 1116 Sec. II, 2016; Ord. 1074 Sec. II, 2010).

Agricultural product sales: “Agricultural product sales use” means the sale of food or fiber commodities of any kind directly associated with the agricultural operation on-site. Agricultural product sales include:

1. On-farm sales of products grown, raised or manufactured on-site;

2. Road-side stands displaying products grown, raised or manufactured on-site, available for purchase;

3. U-pick operations where the public is invited to select or harvest products grown on-site. (Ord. 1074 Sec. II, 2010).

Agritourism use: “Agritourism” means an enterprise located at a working farm (as defined by section 52262 of the California Food and Agricultural Code), ranch, or other agricultural operation or agricultural plant/facility, which is conducted for the enjoyment and education of visitors, guests or clients, and that generates income for the owner/operator. Agritourism is the act of visiting a working farm/ranch or any agricultural, horticultural or agricultural operation for the purpose of enjoyment, education or active involvement in the activities of the farm/ranch or agricultural operation that also adds to the economic viability of the agricultural operation. Agriculture must be the primary use of the land, pursuant to the standards and criteria established by section 17.40.010.A.4.a.h.

Examples of limited agritourism uses and activities allowed as permitted uses include but are not limited to an agricultural homestay, star-gazing, educational and interpretive seminars, clinics, tours, horseback riding (which may include trail riding instruction necessary for the safety of guests, if pertinent to agritourism use), and youth exchange programs when related to an on-site agricultural operation and in accordance with agricultural homestay requirements and photography. Examples of larger and more frequent agritourism uses permitted through an administrative use permit include, but are not limited to petting zoos, and hunting dog trials in which no firearms are discharged.

Arena events such as roping competitions, horse shows, rodeos and similar commercial-for-fee sporting events are specifically excluded from the allowed uses and activities in the definition of agritourism. Weddings and concerts are specifically excluded from the allowed uses and activities in the definition of agritourism. A RV park and camping are specifically excluded from the allowed uses and facilities in the definition of agritourism. (Ord. 1074 Sec. II, 2010; Ord. 1027 Sec. 1, 2006).

Agri-nature tourism use: “Agri-nature tourism use” means visitor-oriented destinations and experiences, which are centered on an agricultural and/or natural theme. The act of visiting a working farm (as defined by section 52262 of the California Food and Agricultural Code), ranch, or any agricultural, horticultural, or agribusiness operation, for the purpose of enjoyment, education, or active involvement in the activities of the farm or operation and/or activities and experiences taking place in natural areas that also adds to the economic viability of the agricultural operation. Agriculture must be the primary use of the land, pursuant to the standards and criteria established by section 17.40.010.A.4.a.h.

Examples of limited agri-nature tourism uses and activities allowed as permitted uses include but are not limited to educational and interpretive seminars, clinics, walks, cross-country skiing, picnics, gold panning, hiking, tours, working dog trials, horseback riding, wagon rides when confined to the agritourism parcel, wildlife viewing, and photography.

Examples of larger and more frequent agri-nature tourism uses permitted through an administrative use permit include, but are not limited to petting zoos, and hunting dog trials, in which no firearms are discharged. (Ord. 1074 Sec. II, 2010).

Airport: The commercial or private operation of any area of land or water designed and set aside for the landing and taking off of aircraft.

For specific definitions concerning "Airport District" see Chapter 17.64 of this title. (Ord. 704 Sec. 1, 1988).

Animal husbandry: The breeding and raising of any and all livestock and other animals. (Ord. 704 Sec. 1, 1988).

Appurtenant use or structure: A use of land or structure subordinate to the primary use or structure of the land and customarily incidental to the primary use or structure occurring on that land. (Ord. 862 Sec.I, 1993).

Average slope: Calculation of average slope from the information provided shall be the responsibility of the planning department staff. Average slope shall be calculated as follows:

Simple slopes (parcel has uniform slope and exposure) Average slope = rise/run X 100,

Where rise = elevation change from the lowest point

to the highest point on the parcel, and Run = distance between the highest and lowest elevations.

Complex slopes (parcel has varying slopes and/or more than one exposure) Average slope = (I) X (L) X (0.00229)

A Where I = vertical distance of contour interval in feet L = total length of all contour lines in scaled feet, and A = total number of acres in the parcel.

Note: Calculations for parcels below 2.5 acres shall be exclusive of road easement. (Ord. 800 Sec. V, 1991).

Bed and breakfast: A “bed and breakfast” means a single family structure, a single-family dwelling unit of a duplex, or a portion of such structure or dwelling unit, rented or leased for periods of thirty (30) or less consecutive days to an individual or any party, and complying with the standards contained herein. A bed and breakfast has a full time, permanent resident family, and a limited number of guest bedrooms. Breakfast or similar early morning meal is prepared each day in a kitchen appropriately permitted by the health department. The price of food is included in the price of the accommodations. (Ord. 1116 Sec. II, 2016; Ord. 862 Sec. I, 1993).

Board: The board of supervisors of Mariposa County. (Ord. 704 Sec. 1, 1988).

Boardinghouse: "Boardinghouse" means a dwelling other than a hotel where lodging is provided for compensation as defined in Chapter 2 of the California Building Code. (Ord. 1116 Sec. II, 2016).

Building: Any structure having a roof supported by columns and/or by walls and intended for the shelter, housing, and/or enclosure of any person, animal or personal property or equipment; example: residence, mobile home, garage, barn. Any structure which is appurtenant to and attached to the building shall be considered part of the building; example: deck, staircase, balcony, awning, porch. (Ord. 862 Sec. I, 1993).

Building envelope: The area of a lot covered by a building or structure, including allowed projecting eaves, balconies, and similar features. (Ord. 862 Sec. I, 1993).

Building frontage: The length in feet of the face of a building or business within a building, parallel to the fronting street, or parking area. The side of the building used for calculating building frontage shall contain an entrance into the business. (Ord. 800 Sec. V, 1991).

Camping, temporary: Occupying or maintaining for occupancy any place for temporary living, sleeping, or other human occupancy purpose, when not in an appropriately licensed or authorized area for campgrounds or recreational parks or facilities, or zoned for camping activities, for no longer than 14 cumulative nights in any 90 day period. If such occupancy is for more than 14 cumulative nights in any 90 day period, it shall be considered a residential occupancy or residential use. Temporary camping shall not be for commercial purposes. Temporary camping does not include the parking or storage of an unoccupied and otherwise unused recreational vehicle, travel trailer, trailer coach, tent trailer, or any other similar vehicle which is established and used in accordance with all provisions of Mariposa County Code section 15.10.070. (Ord. 1038 Sec. II, 2007).

Church and religious assembly: A facility for religious worship and incidental religious education, but not including a private school. (Ord. 1087 Sec. VII, 2012).

Collaborative AgriNature Tourism Events: “Collaborative AgriNature Tourism Events” means the temporary use of multiple agricultural properties and/or facilities, for which a fee may or may not be charged, where there is a gathering of people in multiple locations to tour agricultural sites, experience agriculture in hands on workshops, and develop a respect for the natural resources of Mariposa County. These events may not exceed three (3) consecutive days per event. Event participation is determined by the total number of participants divided by the number of locations participating in the event; larger events require an Administrative Use Permit. Permits may be required, such as but not limited to Public Assemblage Permit and Food Facilities Handlers Permit. (Ord. 1074 Sec. II, 2010).

Collective or cooperative cultivation of marijuana: The association within California of qualified patients, persons with valid identification cards, and/or designated primary care givers to cultivate marijuana for medical purposes as defined in strict accordance with California Health and Safety Code sections 11362.5 and 11362.7, et seq. (Ord. 1086 Sec. VIII, 2011).

Commercial purposes: “Commercial purposes” shall mean an activity or operation that is primarily conducted for commercial use or sale of an agricultural product or commodity on the activity or operation site with financial gain as the primary aim. (Ord. 888 Exh. “B”, 1995).

Commercial timber harvesting: Tree harvesting operation where the primary purpose is the production of raw materials for forest products industry or for silvicultural purposes. The removal of diseased or fire-damaged timber standards are exempt from the provisions of commercial harvesting requirements. (Ord. 800 Sec. V, 1991).

Commercial stable: “Commercial stable use” means an equine facility, barn or stable that is used by the residents, who occupy the property and is also used by private invited clients or guests for the purpose of raising, boarding, breeding, training and riding. Use may include lessons, professional training, educational seminars and clinics. These activities may be undertaken for equines not owned by the resident of the property and such services are limited to invited or scheduled guests and/or clients as a business or income source. (Ord. 1074 Sec. II, 2010).

Community information board: A sign or structure used for providing information of general public interest on services, religious, social, recreational or other

programs which are open to the public. (Ord. 800 Sec. V, 1991).

Conditional use: Use of land, buildings, structures, or equipment on a parcel or lot which is not a permitted use but which is a legal use if approved by the Mariposa County planning commission. (Ord. 704 Sec. 1, 1988).

Daycare Center: A home or commercial facility that provides non-medical care and supervision for more than 14 children in a group setting on a less than 24hour basis. This classification includes nursery schools, preschools, and day car centers for adults and children. (Ord. 1087 Sec. VII, 2012).

Dedicated public right-of-way: Any road, street, or highway over which an offer of dedication has been recorded, or for which a public easement is of record. (Ord. 704 Sec. 1, 1988).

Density bonus: Additional residential density granted to encourage development of a desirable nature as approved by the planning commission and/or the board of supervisors in conjunction with an approved development plan and development agreement. (Ord. 704 Sec. 1, 1988).

Disability glare: Harsh light directed within the eye’s line of sight so that contact with a direct light source causes a partial blindness or reduction of visual performance. (Ord. 984 Sec. II, 2003).

Dormitory: “Dormitory” means a residence hall providing sleeping accommodations for individuals or for groups, usually without private baths. (Ord. 1116 Sec. II, 2016).

Duplex: "Duplex" means a building on a single parcel containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units, and except that common entry ways may be provided. (Ord. 1116 Sec. II, 2016).

Dwelling: "Dwelling" means any building or portion thereof designed or used as the residence of one or more persons. Dwelling does not include dormitory. (Ord. 1116 Sec. II, 2016).

Dwelling, multiple-family: "Multiple-family dwelling" means a building arranged or designed to be occupied by more than two families in individual dwelling units as governed by the California Building Code. (Ord. 1116 Sec. II, 2016).

Dwelling, single-family: "Single-family dwelling" means one dwelling unit. (Ord. 1116 Sec. II, 2016).

Dwelling unit: "Dwelling unit" means a room or group of rooms, including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen, which constitutes an independent housekeeping unit, occupied or intended for occupancy by one household. Dwelling unit does not include a recreational vehicle. (Ord. 1116 Sec. II, 2016).

Easement: The right of a person, the public at-large, a government agency, or a public utility company to use public or private land owned by another for a specific purpose. (Ord. 862 Sec. I, 1993).

Easement, access or road: An easement which grants access to the public, an entity, or a person(s) over property owned by another and allows for the improvement of that property for access or road purposes. For the purposes of subtitle 17.300, an access or road easement need only encompass those improvements for travel lanes, parking lanes, curbs, gutters, and adjacent pedestrian pathways. (Ord. 862 Sec. I, 1993).

Easement, drainage: An easement, the purpose of which is to limit development in order to retain natural drainage channels predominantly in their natural condition, to maintain the water-carrying capacity of natural drainage channels, and to ensure safe and unobstructed flows of stormwater runoff. (Ord. 862 Sec. I, 1993).

Easement, slope: An easement, the purpose of which is to encompass cuts and fills associated with grading for road construction and to allow for maintenance of such cuts and fills. (Ord. 862 Sec. I, 1993).

Ecotourism: “Ecotourism use” means travel to fragile, pristine, and usually protected areas that strives to be low impact and (often) small scale. Ecotourism development helps educate the traveler; provides funds for conservation; directly benefits the economic development and political empowerment of local communities; and fosters respect for different cultures and for environmental justice and human rights. Ecotourism appeals to ecologically and socially conscious individuals. Generally speaking, ecotourism focuses on volunteering, personal growth and learning new or adaptive ways to live on the planet. Responsible ecotourism includes programs that minimize the negative aspects of conventional tourism on the environment and enhance the cultural integrity of local people. (Ord. 1074 Sec. II, 2010).

Electric and communication distribution facilities: In general, telephone and power lines and cables at potentials of less than twelve thousand (12,000) to thirty-three thousand (33,000) volts, depending upon the historical design characteristics of the system involved. Those parts of the electric system to and including the step-down transformers with primary voltages at transmission levels are not considered "distribution facilities" in this definition. Lines and cables extended from the secondaries of those transformers (the step-down transformers referenced above), and additional transformers having primary and secondary voltages both below transmission levels are considered "distribution facilities". All telephone utility lines between central offices and service connection facilities are considered "distribution facilities". (Ord. 800 Sec. V, 1991).

d cables extended from the secondaries of those transformers (the step-down transformers referenced above), and additional transformers having primary and secondary voltages both below transmission levels are considered "distribution facilities". All telephone utility lines between central offices and service connection facilities are considered "distribution facilities". (Ord. 800 Sec. V, 1991).

Emergency shelter: A facility or use for 7 or more persons, which provides temporary housing by homeless individuals or families, victims of domestic violence, or persons requiring temporary housing, and may involve supplemental services. An emergency shelter shall be within a structure improved and

permitted pursuant to the Uniform Building Code. Supplemental services may include, but are not limited to, meal preparation, an activities center, day care for homeless person’s children, vocational rehabilitation and other similar activities. This definition does not include such temporary residential shelters as may be provided for relief following a natural disaster or during a state of emergency. (Ord. 1090 Sec. IV, 2012).

Employee housing: Residence, dwelling units or boarding house for workers employed on land owned by the owner of the property on which the housing is located. (Ord. 704 Sec. 1, 1988).

Established agricultural research institution: Same meaning as in Section 81000 of the California Food and Agricultural Code.

Family: "Family" means one or more persons living together as a single housekeeping unit in a dwelling, not including any group occupying a roominghouse or boardinghouse or dormitory or hotel or motel. (Ord. 1116 Sec. II, 2016).

Fitness or exercise studio and health club: A place of business with equipment and facilities for exercising and improving physical fitness. This classification includes health clubs, gymnasiums (that are not public), private clubs (athletic, health or recreational), reducing salons, and weight control establishments. (Ord. 1087 Sec. VII, 2012).

FTE (full time equivalent): “FTE” means full time equivalent of five (5) eight (8) hour work days per week. For agritourism and agri-nature tourism activities, FTE is counted for volunteers and paid employees alike. Family members living on-site are excluded from FTE counts. (Ord. 1074 Sec. II, 2010).

Fully shielded fixture: An outdoor lighting fixture that only allows emitted light to be projected below a horizontal plane running through the lowest part of the fixture. (Ord. 984 Sec. II, 2003).

Geotourism: “Geotourism use” means tourism that sustains the geographical character of a place – its environment, heritage, aesthetics, culture, and the wellbeing of its residents. Geotourism is not just about where places are, but what places are. Geotourism celebrates what makes one place different from the next. That includes not only flora and fauna, which is the realm of ecotourism, but also historic structures and archaeological sites, scenic landscapes, traditional architecture, and locally grown music, cuisine, crafts, dances, and other arts. Geotourism is environmentally responsible, committed to conserving resources and maintaining biodiversity; it is culturally responsible, committed to respecting local sensibilities and building on local heritage. (Ord. 1074 Sec. II, 2010).

Glamping: “Glamping” means a transient occupancy facility where guests occupy detached permanent upscale tent units or similar units but which are not conventional hotel, motel or cabin facilities and are not an agricultural homestay or camping as defined within county code. Payment for accommodations specifically includes overnight lodging and meals, and transient occupancy tax. Units exceeding 400 square feet in area are required to comply with applicable requirements of the California Fire Code and are required to obtain a permit and approval from the fire code official. (Ord. 1116 Sec. II, 2016; Ord. 1074 Sec. II, 2010).

Guesthouse: "Guesthouse" means a detached building occupied by guests without compensation of any kind as a condition of occupancy and used as sleeping quarters only, with sanitation facilities but without cooking or housekeeping facilities. (Ord. 1116 Sec. II, 2016).

Guest ranch or dude ranch: “Guest ranch or dude ranch use” means a transient occupancy facility where guests occupy detached cabin units, bunk units or other similar type units but which are not conventional hotel or motel facilities and are not an agricultural homestay or glamping as defined within county code. Payment for accommodations at a guest ranch or dude ranch specifically includes entertainment or participation in activities at the ranch, as well as the overnight lodging and meals. (Ord. 1074 Sec. II, 2010).

Hemp cultivation: Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of hemp, including activities carried out by seed breeders.

Hemp: Same meaning as in Section 11018.5 of the California Health and Safety code.

Household: "Household" means all the persons, related or unrelated, who occupy a single dwelling unit. Persons not living in households are classified as living in group quarters. (Ord. 1116 Sec. II, 2016).

Kitchen: "Kitchen" means an area with appliances or other facilities for the preparation or preservation of food that includes a gas or electric range, oven or stovetop. A kitchen does not include wet bars or specialized home canning or preserving facilities. (Ord. 1116 Sec. II, 2016).

Hotel: "Hotel" means any structure, or any portion of any structure which is occupied, or intended or designed for occupancy, by transients for dwelling, lodging, or sleeping purposes, and includes, but is not limited to, any hotel, inn, motel, studio hotel, bachelor hotel, public or private club, or cabin at a fixed location, or other similar structure or portion thereof. A hotel does not include a bed and breakfast facility, a vacation rental facility, a guest ranch or dude ranch cabin, a glamping unit, an agricultural homestay, a boardinghouse, a dormitory or other similar structure. (Ord. 1116 Sec. II, 2016; Ord. 704 Sec. 1, 1988).

Junk: Any worn out, cast off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose shall not be considered junk. (Ord. 704 Sec. 1, 1988).

Junk yard: (Junk yard, dismantling, or wrecking yard are synonymous) The storage of junk outside of a building on a parcel or lot, and where the storage site or sites are larger than one thousand (1,000) square feet in total ground coverage, and visible from any public street, road, or easement, or from outside of the property or parcel on which the junk is stored. The storage of equipment, machinery, or other materials used and stored in conjunction with, or necessary to, a

legal use shall not be considered a junk yard. The above provisions notwithstanding, the storage of junk on any site for the purpose of resale on a regular basis shall be considered a junk yard. (Ord. 704 Sec. 1, 1988).

Junk yard within Scenic Highway Overlay Zone: (Junk yard, dismantling, or wrecking yard are synonymous) The storage of junk outside of a building on a parcel or lot, and where the storage site or sites are larger than four hundred (400) square feet in total ground coverage. The storage of equipment, machinery, or other materials used and stored in conjunction with, or necessary to, a legal use shall not be considered a junk yard. The above provisions notwithstanding, the storage of junk on any site for the purpose of resale on a regular basis shall be considered a junk yard. (Ord. 800 Sec. V, 1991).

Kennel, commercial: Shall mean any premises that are used for the commercial breeding or commercial boarding of dogs. (Ord. 704 Sec. 1, 1988).

Large family day care home: A home that provides non-medical care and supervision of no more than 14 children in the caregiver’s home on a less than 24hour basis. (Ord. 1087 Sec. VII, 2012).

Large residential care facility: A facility which provides 24-hour care for 7 or more persons in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, for the protection of the individual. This classification includes group homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California. (Ord. 1087 Sec. VII, 2012).

nal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living, for the protection of the individual. This classification includes group homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California. (Ord. 1087 Sec. VII, 2012).

Livestock feed lot or feed yard: “Livestock feed lot or feed yard” means an area where livestock are confined for the purpose of preparing such for market. A “feed lot or feed yard” shall not include the confinement of livestock for the temporary purpose of identification, treatment, weaning or shipping. A “feed lot or feed yard” shall also not include the confinement of livestock for feeding when there are unusual conditions such as fire, drought, flood, etc., which demands removal of the livestock from the range. (Ord. 1027 Sec. 1, 2006).

Local street: A local street shall mean a public street as defined by this title, an unimproved county street right-of-way, a dedicated public right of way as defined by this title, or a private road or access easement which serves five (5) or more parcels. (Ord. 862 Sec. I, 1993).

Lot area: The contiguous land bounded by lot lines inclusive of land provided for public thoroughfare, flood plain, or canal. Such lot area shall be measured as a horizontal plain view, disregarding the geometric effects of the slope of land. (Ord. 704 Sec. 1, 1988).

Lot coverage: The area of a lot or parcel covered by building perimeter roof area expressed as a percentage of total land. (Ord 984 Sec. II, 2003, Ord 862 Sec. I, 1993).

Lot or parcel: A parcel of real property shown on a recorded subdivision map, or a parcel otherwise created in compliance with the Subdivision Map Act or county ordinance in effect at the time it was created. (Ord. 704 Sec. 1, 1988).

Medical marijuana: Defined in strict accordance with California Health and Safety Code sections 11362.5 and 11362.7, et seq. (Ord. 1086 Sec. VIII, 2011).

Medical marijuana dispensary: Any facility or location, whether fixed or mobile, where medical marijuana or items containing medical marijuana (e.g. food or drink products) is made available to, and/or exchanged with, an/or distributed or sold to one or more of the following: a qualified patient, a person with an identification card, or a primary caregiver as those terms are defined in California Health and Safety Code section 11362.5 and 11362.7, et seq. (Ord. 1086 Sec. VIII, 2011).

Membership camp: Permanent organizational group camps sponsored by an organization. (Ord. 704 Sec. 1, 1988).

Mineral or construction material processing: The mechanized crushing, classifying, or processing of mined materials. (Ord. 1114 Sec. IX, 2015; Ord. 704 Sec. 1, 1988).

Mining: The removal of minerals, earth or construction materials from the earth, by methods including pits, tunnels, quarries, shafts, drifts, stopes, adits, winzes, cross-cuts, raises, overburden removal, mining by the auger method, dredging, etc., and all necessary appurtenance thereto, for the purpose of resource extraction where the operation involves either the removal of more than one thousand (1,000) cubic yards of mineral, ores, and overburden, or involves the disturbance of more than one (1) acre of surface area. Mining includes a surface exploration activity; a surface mining operation; a sub-surface mining operation; or a sand, gravel (aggregate), or cobble mining operation which exceeds the thresholds established herein. Mining includes surface work incidental to a surface or sub-surface mine, in-place distillation or retorting or leaching, and the production and disposal of mining waste. (Ord. 1114 Sec. IX, 2015; Ord. 800 Sec. V, 1991).

Mining, small scale: Prospecting for, or the extraction of minerals for commercial purposes and the removal of mineral, ores and overburden in total amounts of less than one thousand (1,000) cubic yards in any one location of one acre or less when conducted in compliance with all applicable regulations and permits. (Ord. 1114 Sec. IX, 2015).

Mobile home: A ”mobile home” means a manufactured dwelling unit, transportable on its own wheels, designed and equipped to be used with or without a permanent foundation system. Mobile home includes a manufactured home, as defined in section 18007 of the Health and Safety Code. Mobile home does not include a recreational vehicle, commercial coach, or factory-built housing, as defined in section 19971 in the Health and Safety Code. (Ord. 1116 Sec. II, 2016; Ord. 704 Sec. 1, 1988).

Mobile home park: A planned or clustered residential development as set forth in section 17.108.100. (Ord. 704 Sec. 1, 1988).

Motorcycle or other vehicular racing or competition: A race, competition or similar activity conducted by any group or individual organization at a given site.

(Ord. 704 Sec. 1, 1988).

Nonconforming use: A use of land, buildings, structures, or equipment on a parcel or lot which does not conform with the land use regulations governing zone in which the parcel or lot is located. The use is legal by virtue of its existence prior to adoption of applicable zoning, see section 17.08.020. (Ord. 704 Sec. 1, 1988).

Nonconforming lot or nonconforming parcel: A lot or parcel which was legally established in accordance with the then existing policies, provisions, regulations, or zoning code, but which does not conform to the present requirements of the applicable zoning district or districts. (Ord. 800 Sec. V, 1991).

Nonconforming structure: A structure which was legally established in accordance with the then existing policies, provisions, regulations, or zoning code, but which does not conform to the present requirements of the applicable zoning district or districts. (Ord. 800 Sec. V, 1991).

Nuisance: “Nuisance” shall mean anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. (Ord. 888 Exh. “B”, 1995).

Nuisance, private: Every nuisance which is not a public nuisance. (Ord. 888 Exh. “B”, 1995).

Nuisance, public: A nuisance which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. (Ord. 888 Exh. “B”, 1995).

Open space: An area that is designed or maintained for environmental, scenic, or recreational purposes. Open space may include, but is not limited to unimproved land, grazing land, landscaped areas, walkways or trails, improved outdoor recreational areas, areas of subsurface septic systems, and water courses. Any area that is developed or improved with parking areas, streets, driveways, or other surfaces designed or intended for vehicular travel, or areas developed with carports or any covered structure shall not be considered open space. (Ord. 800 Sec. V, 1991).

Outdoor lighting fixture: An electronically powered illuminating device or other lighting fixture, portable or fixed, used for illumination. Such devices include, but are not limited to, spot flood and area lighting. (Ord. 984 Sec. II, 2003).

Outdoor storage: The storage, outside of a building and associated with a home enterprise, rural home industry, commercial, industrial, or multi-family residential use, of any goods, junk, material, merchandise, or inoperative vehicles on the same property for more than twenty-four (24) hours. (Ord. 800 Sec. V, 1991).

Parcel, flag-shaped: A parcel with access provided to the bulk of the parcel by means of a narrow corridor from a local street or State Highway and which is shaped and designed so that the main building site area is setback from the local street or state highway on which it fronts. (Ord. 862 Sec. I, 1993).

Parcel, interior: A parcel which does not have parallel frontage along a local street or state highway. (Ord. 862 Sec. I, 1993).

Parking lot or parking area: An area not within a building where motor vehicles may be stored for the purposes of temporary, daily, or overnight off-street parking. (Ord. 800 Sec. V, 1991).

Parking space: An unobstructed space or area other than a street or alley that is permanently reserved and maintained for the parking of one (1) motor vehicle. Each parking space must have a means of access to a public or private roadway. (Ord. 800 Sec. V, 1991).

Permit: Any formal authorization or entitlement from, or approval by the county, the absence of which would preclude establishment of a land use, activity, construction project, grading or surface mining operation. (Ord. 704 Sec. 1, 1988).

Permitted use: Shall mean the use of land, buildings, structures, or equipment on a parcel or lot which conforms with the land use regulations governing the parcel or lot. (Ord. 704 Sec. 1, 1988).

Person: Any natural person, firm, association, partnership, trustee, corporation, or other legal entity in which title to real property may vest. (Ord. 704 Sec. 1, 1988).

Petting zoo: “Petting zoo” means resident domestic animals and some resident wild species docile enough to touch and feed. Confined domestic livestock customary and incidental to agricultural operations shall not constitute a petting zoo. (Ord. 1074 Sec. II, 2010).

Planning commission: The Mariposa County planning commission. (Ord. 704 Sec. 1, 1988).

Planning office: The Mariposa County planning office. (Ord. 704 Sec. 1, 1988).

Portable planing mills: A transportable plant for processing finished wood products which is temporarily located on a property for less than one (1) year. (Ord. 704 Sec. 1, 1988).

Portable saw mills: A transportable plant for processing finished wood products which is temporarily located on a property for less than one (1) year. (Ord. 704 Sec. 1, 1988).

Preliminary grading plan: A preliminary grading plan shall consist of the following (other information submitted in conjunction with the preliminary grading plan, such as a plot plan, site plan, or development plan may also be used to fulfill these submittal requirements):

1. General vicinity map.

2. Parcel dimensions.

3. Generalized existing contours and drainage channels including those areas of the subject site (and adjoining properties) that will be affected by the disturbance either directly or through drainage alterations. Contour interval shall be five (5) feet for projects of three (3) acres or less, ten (10) feet for projects greater than three (3) acres and less than ten (10) acres, and twenty-five (25) feet for projects of ten (10) acres or greater.

4. Location of any buildings or structures that are within fifty (50) feet of the area which may be affected by the proposed grading operation.

5. Limiting dimensions, elevations or finished contours to be achieved by the grading and proposed drainage channels and related construction. (Ord. 800 Sec. V, 1991).

Primary use: The main or principal use of property, buildings, or structures. (Ord. 704 Sec. 1, 1988).

Private stable: “Private stable use” means an equine facility, barn or stable that is used for and by the residents, who occupy the property, for the purpose of raising, breeding, training and riding their own horses. The use may also include training and breeding outside horses (horses not owned by the residents); however lessons for riders (other than as needed to prepare guests for an agritourism activity) are not considered agritourism or agri-nature tourism uses. Riding lessons may be allowed as a rural home industry operation in compliance with the development and performance standards in section 17.108.080 and pertinent standards in section 17.108.070, Mariposa County Code. (Ord. 1074 Sec. II, 2010).

however lessons for riders (other than as needed to prepare guests for an agritourism activity) are not considered agritourism or agri-nature tourism uses. Riding lessons may be allowed as a rural home industry operation in compliance with the development and performance standards in section 17.108.080 and pertinent standards in section 17.108.070, Mariposa County Code. (Ord. 1074 Sec. II, 2010).

Public facility: Uses and structures principally of an institutional nature and/or serve a public need and operated by a public agency or under authority of a public agency such as: governmental buildings, public hospital, public schools, public libraries, public museums, public parks and playgrounds, post offices, and police and fire stations. (Ord. 704 Sec. 1, 1988).

Public or community water or sewer system: A water or wastewater treatment system serving two (2) or more parcels or lots of land, and maintained by a public entity such as a special district or a private individual or organization in accordance with the provisions of State Law and Mariposa County Code. (Ord. 704 Sec. 1, 1988).

Public or private shooting ranges: An area or site utilized for target practice, competition or other types of rifle, pistol or shotgun firing on a scheduled or unscheduled basis by a club, organization or general public. This definition shall not apply to an area or site on which a property owner, resident, or guest fires a pistol, rifle or shotgun for personal recreation. (Ord. 704 Sec. 1, 1988).

Public standard road: Any street or road which satisfies or was constructed to meet the state or federal highway standards or the road improvement standards adopted by the county. (Ord. 704 Sec. 1, 1988).

Public street: A public street shall mean a federal or state highway, county road or street or a road with an unrestricted easement for ingress and egress which is of public record. Wherein such highway, road or street is constructed in an area without benefit of an easement of public record, a public street shall mean an area thirty (30) feet perpendicular from the approximate center of an improved portion of a highway, road or street in either direction. (Ord. 704 Sec. 1, 1988).

Recreation, commercial: Commercial recreational activities such as campgrounds, hunting preserves, shooting ranges, boat docks, recreational vehicle parks, ski resort and similar tourist recreation facilities excluding race tracks, off-road vehicle raceways, and similar vehicular uses. (Ord. 704 Sec. 1, 1988).

Recreation, non-commercial: Non-commercial recreation shall mean all recreation activities which are conducted on lands regulated by this title for which no charge is required, including temporary camping as defined herein. (Ord. 1038, Sec. II, 2007; Ord. 704 Sec. 1, 1988).

Recreation vehicle park: An area or tract of land for temporary occupancy by motor homes, travel trailers, truck campers, camping trailers, or other vehicles for short term recreational habitation. (Ord. 704 Sec. 1, 1988).

Residential use: Any building or portion thereof designed or used exclusively for family living purposes which includes living, sleeping, cooking and sanitation facilities. (Ord. 1116 Sec. II, 2016; Ord. 704 Sec. 1, 1988).

Roofline: The line or edge where the sides of a building and the roof of that same building meet or coincide. (Ord. 800 Sec. V, 1991).

Roof, peak of: The line, point, or plane created by the horizontal or sloped roofing surface of a flat roof or a shed roof; the ridge of a gable, hip, or gambrel roof; and highest point of intersection of all roof slopes of a mansard roof. (Ord. 800 Sec. V, 1991).

Scenic highway corridor, or corridor: The area of land which is within the Scenic Highway Overlay District, and which is generally visible to the public traveling on the scenic highway. (Ord. 800 Sec. V, 1991).

Scenic quality: A characteristic which is attributable to a general area or specific location which affords a view of unusual or spectacular significance. Scenic quality is created by a combination of natural features such as vegetation, boulders and rock outcroppings, natural waterways or drainages, and existing topography. Scenic quality can be enhanced by seasonal variations and variations in time of day. Human developments can enhance or detract from scenic quality. (Ord. 800 Sec. V, 1991).

School, public: An educational institution or facility which provide education services and is operated by a public agency. Public schools shall not include boarding schools or other types of educational activities which provide residential facilities for temporary or permanent use by students. (Ord. 816 Sec. I,

1991).

School, private: An educational institution or facility which provides educational services and is operated by a private individual or organization. A private school shall include all educational institutions or facilities which are not defined as a public school. Examples of a private school include, but are not limited to, nursery/preschools except as provided for in Section 17.108.170, parochial schools, and private elementary and secondary schools. Private schools shall not include teaching within a residential structure of family members who reside in the same residence. (Ord. 816 Sec. II, 1991).

Screen/screening: A device or method by which use of or development on a parcel is concealed or hidden from another parcel, development, location, or roadway. (Ord. 800 Sec. V, 1991).

Seed breeder: Same meaning as in Section 81000 of the California Food and Agricultural Code.

Self-service storage facility: A building or group of buildings consisting of individual small, self-contained units that are leased for the storage of business and/or household goods. (Ord. 945 Exh. A, 2000).

Service station: Any premises where gasoline and/or other petroleum products are sold and/or light maintenance activities such as engine tuneups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall include convenience stores or mini-marts where gasoline is sold. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted. (Ord. 862 Sec. I, 1993).

Setback: The required minimum horizontal distance between a property line, edge of access easement, and street centerline and the nearest vertical structural support or wall of a building or structure or the nearest edge of a use. (Ord. 862 Sec. I, 1993).

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Sign: A structure or device designed or intended to convey

information to the public in written or pictorial form which is visible from the exterior of a building and/or from a public road or public right-of-way and/or from an adjacent parcel. (Ord. 1092 Sec.VII, 2012; Ord. 800 Sec. V, 1991).

Sign, amortization period: (Repealed). (Ord. 1092 Sec. VII, 2012; Ord. 800 Sec. V, 1991).

Sign, conforming: A legally established sign which conforms with the provisions of this title. (Ord. 800 Sec. V, 1991).

Sign, free standing: A sign supported by one (1) or more upright poles, columns, or braces in or on the ground and not attached to any building or structure. (Ord. 800 Sec. V, 1991).

Sign, illegal: A sign that complies with one (1) or more of the following criteria:

1. Any sign erected without compliance with applicable building code and/or zoning code standards including signs expanded, remodeled or enlarged after May 15, 1991 without a permit or design review approval (if required).

2. Any sign advertising a use that has ceased to exist for a period of not less than ninety (90) days.

3. Any sign determined by the Mariposa County building official to be a danger to the public health and safety from the standpoint of structural integrity.

4. Any sign determined by the Mariposa County public works director to be a traffic hazard not created by the relocation of streets or highways or other acts of the county. (Ord. 1092 Sec. VII, 2012; Ord. 800 Sec. V, 1991).

Sign, nonconforming: A legally established sign which does not conform with the provisions of this title. (Ord. 800 Sec. V, 1991).

Sign, off-site: A sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located. (Ord. 800 Sec. V, 1991).

Sign, on-site: Any sign used for the following purposes:

1. To designate, identify, or indicate the name or business of the owner or occupant of the parcel where the sign is located.

2. To advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the parcel where the sign is located. (Ord. 800 Sec. V, 1991).

Sign, political: A sign which is intended to encourage a particular vote in a scheduled election. Also known as a “temporary political sign” pursuant to section 5405.3 of the State Outdoor Advertising Act (Business & Professions Code). (Ord. 1070 Sec. III, 2010).

Sign size or sign area: The area of the smallest rectangle that wholly contains the sign. The calculation for a double-faced sign shall be the area of one (1) face only, when both faces of the sign are a duplicate of each other. Double-faced signs shall be constructed so that the perimeter of both faces coincide and are

parallel and not more than twenty-four (24) inches apart. The planning director may approve non-parallel, double-faced signs where necessary to provide adequate visibility on curved roadways. Such signs must have a common edge closest to the roadway. In no case shall the angle of such non-parallel, doublefaced signs exceed thirty (30) degrees. (Ord. 800 Sec. V, 1991).

Sign, temporary: A display, information sign, banner or other advertising device which is displayed for a total of twenty-one (21) days or less. Advertising flag signs are considered temporary signs. The allowance for temporary signs is not intended to provide additional permanent advertising signs displayed on-site. (Ord. 1092 Sec. VII, 2012; Ord. 800 Sec. V, 1991).

Sign, wayfinding: Wayfinding signs are aides to help first time visitors to an area or community locate businesses and attractions. Wayfinding signs provide information at optimal decision points. Wayfinding signs are planned, connected, esthetically pleasing and are intended to create a positive first impression. Wayfinding signs shall be in accordance with a county-sponsored program, and shall not contain any business names or logos. (Ord. 1092 Sec. VII, 2012).

Single room occupancy: "Single room occupancy" means a dwelling within a hotel or motel that consists of one or two rooms and contains no sanitary facilities or food preparation facilities, or contains either, or contains both types of facilities. Single room occupancy could include an efficiency dwelling unit or a congregate residence as defined in the California Building Code. (Ord. 1116 Sec. II, 2016).

Site plan: The drawing or plan submitted with a building permit or variance application and satisfying the content requirements established by the building division and planning department (also referred to as a plot plan). The plan indicates the specific uses and improvements proposed for a site. (Ord. 704 Sec. 1, 1988).

Slaughterhouse: A commercial establishment for killing livestock and/or poultry and/or processing meat. (Ord. 704 Sec. 1, 1988).

Small family day care home: A home that provides non-medical care and supervision of no more than 8 children in the caregiver’s home on a less than 24hour basis. (Ord. 1087 Sec. VII, 2012).

Small residential care facilities: A facility or use that provides residential housing with no limit on length of stay, that is occupied by 6 or fewer persons requiring personal care in accordance with the California health and safety laws. Such facilities can provide a wide variety of medical and non-medical personal services and care including but not limited to, foster care, rehabilitation services, domestic violence shelters, housing shelter needs, and care for disabled persons. Day care facility uses are not included in this definition. (Ord. 1090 Sec. IV, 2012).

Special event: A special event is a celebration, ceremony, wedding, reception, business function, arenas which are used for organized competitive events, seasonal festival, or similar activity for the benefit of someone other than the property owner that takes place on a periodic basis, involving the gathering of individuals assembled for the common purpose of attending a special event. The maximum number of guests or attendees at a special event shall not exceed 500 persons at any one time. Uses that are accessory to a single-family residential use including private parties, private gatherings, and similar private activities that are not subject to a use agreement (or similar document) between a private individual or group and the homeowner, and holiday home tours, agri-nature farm or trail tours, garage sales, yard sales, estate sales and similar events are not defined as a special event.

Special event facility: A special event facility is a facility where special events are permitted to occur. Special event facilities are subject to a use agreement (or similar document) between a private group or individual and the facility owner. The facility owner may or may not charge a fee for the use of the facility such as for a fundraiser for a charitable non-profit organization. Facilities may be located entirely within a structure, outside of a structure, or both inside and outside a structure. Facilities must include improvements or provisions to accommodate special events.

Specific plan: A plan prepared by or at the direction of the county of Mariposa for a town planning area or other areas where specific land use policies and standards are prescribed as defined by Government Code section 65451 and required by the Mariposa County general plan use element. (Ord. 704 Sec. 1, 1988).

Structure: That which is built or constructed, a building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. (Ord. 862 Sec. I, 1993).

Supportive housing: A facility or use that provides housing with no limit on length of stay, that is occupied by the target population, as defined by section 53260(d) of the California Health and Safety Code, and that is linked to onsite or offsite services that assist the tenant to retain the housing, improve his or her health status, maximize their ability to live and, when possible, to work in the community. Supportive housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone. Supportive housing programs may utilize small and large residential care facilities wholly or as part of their overall facilities. (Ord. 1090 Sec. IV, 2012).

Surface Mining Act: (aka: California State Surface and Mining Reclamation Act.) As defined by Public Resources Code sections 2710, et seq. (Ord. 704 Sec. 1, 1988).

Town planning area: An unincorporated community within the county of Mariposa which is designated as a TPA on the land use map of the Mariposa county general plan. (Ord. 704 Sec. 1, 1988).

Transient rental: See definition for vacation rental. (Ord. 1116 Sec. II, 2016).

Transitional housing: A facility or use that provides housing and support services for persons and families, but restricts occupancy to no more than 24 months. Support services may include meals, counseling, and other services, as well as common areas for residents of the facility. Transitional housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone. Transitional housing programs may utilize small residential care facilities wholly or as part of their overall facilities. (Ord. 1090 Sec. IV, 2012).

Utilities: Services or facilities associated with development and use of an individual parcel or a number of parcels, including but not limited to, water, gas, electric power, telephone, and cable t.v. conveyances, switching stations and substations. (Ord. 800 Sec. V, 1991).

Vacation rental (previously known as transient rental): A single family structure or a single-family dwelling unit of a duplex rented or leased for periods of 30 or less days and complying with the standards contained herein. A vacation rental is a single family structure which is available for rental to a family or a group on a transient basis. Such structures meet the definition of “boardinghouse” as shown in this chapter. (Ord. 1116 Sec. II, 2016).

Waste disposal site: County-approved or operated refuse dumps, sanitary landfills and other solid waste disposal facilities of a terminal nature, where garbage, trash or other unwanted materials are abandoned, buried or otherwise discarded with no intention of re-use. This definition does not include disposal sites for toxic or radioactive waste materials. (Ord. 704 Sec. 1, 1988).

Wellness center: An educational training business with most activities conducted in a residential structure which assists individuals in teaching nutritional cooking, menu planning, hygiene and grooming, basic housekeeping tasks, improving socialization skills, basic computing, job search, gardening and yard maintenance, and person finance and budgeting. (Ord. 1087 Sec. VII, 2012).

Yard, front: A yard or open area extending across the full width of the parcel between a front property line or edge of access right-of-way or easement and the vertical structural support or wall of a building or structure. The front yard is established parallel or concentric to the front property line. A front property line is a property line abutting a local street or state highway. For flag-shaped parcels, a front property line is the interior property line most parallel to and nearest the street or easement from which access is obtained. For interior parcels, a front property line is the property line which abuts the easement or driveway from which access is obtained. (Ord. 862 Sec. I, 1993).

Yard, rear: A yard or open space opposite to and most distant from a front yard. A parcel which has only three (3) property lines (e.g. a triangular shaped parcel) will not have a rear yard. (Ord. 862 Sec. I, 1993).

Yard, side: Any yard or open space other than a front yard or rear yard. (Ord. 862 Sec. I, 1993).

Zone: An area or portion of the county created by this title, and reserved for a particular purpose or combination of purposes. (Ord. 704 Sec. 1, 1988).

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988 Amended by Ord. 800 Sec. V on 4/2/1991 Amended by Ord. 816 Sec. I & II on 11/12/1991 Amended by Ord. 862 Sec. I on 11/9/1993 Amended by Ord. 888 Exh. "B" on 7/25/1995 Amended by Ord. 945 Exh. "A" on 3/14/2000 Amended by Ord. 984 Sec. II on 4/8/2003 Amended by Ord. 1027 Sec. 1 on 5/9/2006 Amended by Ord. 1038 Sec. II on 9/11/2007 Amended by Ord. 1070 Sec. III on 5/25/2010 Amended by Ord. 1074 Sec. II on 11/23/2010 Amended by Ord. 1086 Sec. VIII on 12/20/2011 Amended by Ord. 1087 Sec. VII on 1/17/2012 Amended by Ord. 1090 Sec. IV on 8/7/2012 Amended by Ord. 1092 Sec. VII on 12/4/2013 Amended by Ord. 1114 Sec. IX on 12/15/2015 Amended by Ord. 1116 Sec. II on 3/15/2016 Amended by Ord. 1161 Section III on 2/23/2021 Amended by Ord. 1167 Sec. I on 11/2/2021