§ 17.04

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Repealed & Reenacted by Ord. 704 Sec.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