Mariposa County Municipal Code § 17.334 Zoning

Home based occupations will be permitted in all single family residential structures subject to the following:

1. Home occupation shall mean a use which, as determined by the planning director, is customarily carried on within a dwelling or mobile home by the inhabitants thereof, which use is clearly incidental and secondary to the residential use of the dwelling or mobile home, and which use:

   1. Is confined completely within the dwelling or mobile home and occupies not more than thirtythree percent (33%) of the gross area of one floor thereof;

   2. Is operated only by the members of the family occupying the dwelling or mobile home;

   3. Produces no evidence of its existence in the external appearance of the dwelling, mobile home, or premises or in the creation of noise, odors, smoke or other nuisances to a degree greater than that normal for the neighborhood in which such use is located;

   4. Does not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which use is located;

   5. Meets the requirements of the applicable building codes and fire district of jurisdiction;

   6. Requires no additions or extensions to the dwelling or mobile home, unless approved under usepermit provisions; and

   7. Does not have signs advertising the business.

2. Prior to the establishment of a home occupation, the following procedures shall be followed:

   1. A notice of intent to establish a home occupation shall be filed with the Mariposa County planning department;

   2. The Mariposa County planning department shall post a notice on the subject property or residence in a conspicuous manner for a period of fifteen consecutive days and notice to be sent to all property owners within three hundred (300) feet of the proposed home occupation;

   3. The notice shall briefly describe the intended home occupation proposed;

   4. The filing of a petition signed by fifty percent(50%) of the property owners residing within three hundred (300) feet of the proposed home occupation site, which protest the intended activity and is filed with the Mariposa County planning department within twenty (20) days of posting subject property, shall require such proposed home occupation to be permitted by conditional use permit only;

   5. Upon failure of such a protest petition being filed as described above, the planning department shall issue a notice of approval to the applicant within ten (10) working days of the closing of a protest petition filing date.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992

For purposes of this section, residential transient rental and vacation rental have the same meaning. Bed and breakfast and vacation rental establishments (residential transient occupancy facilities) shall be a permitted use within all single family residential structures. Standards and requirements for bed and breakfast and vacation rentals are established by County Code, Zoning section 17.108.180. Bed and breakfast and vacation rental establishments are defined in County Code, Zoning section 17.148.010

HISTORY

Adopted by Ord. 1068 Sec. I on 2/9/2010 Amended by Ord. 1116 Sec. III on 3/15/2016 17.334.030 Day Care And Small Residential Care Facilities

1. Day care facilities: Preschool, child day care, and adult day care facilities for six (6) or fewer persons shall be a permitted use in residential structures 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 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 one car.

2. Small residential care facilities: Small residential care facilities shall be permitted use in all zones in which residential sues are permitted when six (6) or fewer persons are provided twenty-four (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. 822 Sec. I on 1/22/1992 Amended by Ord. 1090 Sec. III on 8/7/2012 17.334.040 Agricultural Uses

Agricultural uses, including the raising and/or keeping of livestock, the production of crops, and other horticultural, viticultural or silvicultural uses shall be considered permitted uses in the SFR (1/2 acre) zone when appurtenant to a residential use and when conducted in such a manner as not to constitute either a private or public nuisance. The raising and/or keeping of livestock shall comply with the following limits:

1. The parcel shall be a minimum of one (1) acre exclusive of access easements in size;

2. One (1) horse, mule, cow/steer or similar sized animal per acre;

3. Three (3) sheep, goats, turkeys, swine or similar sized animal per acre;

4. Ten (10) chickens, ducks, geese, rabbits or similar sized animals per parcel;

5. No animals or fowl, except dogs and cats kept as domestic pets, shall be housed or confined in a building or structure which is within thirty-six (36) feet of any street or any structure on an adjacent parcel designed for human habitation.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992 17.334.050 Special Use Provisions For Historic Structures

All uses may be considered for structures or buildings included on the List of Historical Resources in Mariposa, with the exception of permitted uses, regardless of the primary land use 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 special 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 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 community 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. 822 Sec. I on 1/22/1992 17.334.055 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 the town of Mariposa, 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 the 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. VII on 12/20/2011 Amended by Ord. 1129 Sec. II on 10/17/2017 Amended by Ord. 1161 Section II on 2/23/2021

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. 912 Sec. II on 1/7/1997

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 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. III on 8/7/2012 17.336 Supplementary Development Standards