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Planning

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1. How do I request an investigation into possible code violations?

Please use the Request for Investigation (RFI) form:

To speak to someone for more information about a possible code violation please call us at (209) 966-5151 RFI form

2. How is my property zoned?

Currently zoning is not located on this website. In order to find out how your property is zoned, you will need to contact the Planning Department at (209) 966-5151
or (866) 723-5151. Please have your APN or address available when you call.

3. My neighbor has a property full of “junk”! How much junk can my neighbor have on his property?

A property owner may have up to 1,000 square feet of "junk" on his property. Junk is defined by the County as "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."
If a property is located in the Scenic Highway Overlay Zone, a property owner may only have up to 400 square feet of junk

4. How do I go about getting a property owner to remove junk from their property? Why doesn't the county do something?

You may come into the Planning Department Office and complete a Request for Investigation form (a two page form). The information on this form will be kept confidential unless the matter goes to court. Once this form is completed the County will investigate and determine if the property owner has more than 1,000 square feet of junk.
You may also request this form to be mailed to you by calling our department at (209)966-5151 or download it online from our Applications.

5. How many houses can I have on my property?

Outside of adopted Town Specific Plans, all parcels that are zoned as residential can have at least one primary residence and one secondary residence as long as the parcel was legally created, and the structures comply with all applicable building, health and setback codes.

Inside adopted Town Specific Plan areas, we would need to know which town area your parcel is located in to answer this question. Have your APN or address available when you call.

Contact the Planning Department at (209) 966-5151 or (866) 723-5151 for more information.

6. Are there any incorporated cities in Mariposa County?

No. There are no incorporated cities in Mariposa County. There are 11 "Town Planning Areas" (TPAs) in the county, which are areas intended for community level development. The policies for development in there TPAs are established by the County Board of Supervisors.

Contact the Planning Department at(209) 966-5151 or (866) 723-5151 for more information.

7. What are my residential construction setbacks from property lines and roads?

Outside of adopted Town Specific Plan areas, new residential construction setbacks are generally 25 feet from all property lines and at least 55 feet from the center lines of public access roads or easements. There is a 10% rule which applies to small parcels (less than 250 feet in length or width). Please check with a planner for more details regarding this rule.
Inside adopted Town Specific Plan areas, we would need to know which town area your parcel is located in. Have your APN or address available when you call.
The State Fire Safe Regulations establish a 30 foot setback from property lines; however, this standard is enforced by California Department of Forestry & Fire Protection (CAL FIRE) through the Building Permit Process.

8. My property does not front on a public road. Can I put the sign for my small business on my neighbor’s property which is on a public road?

Your sign may only be placed on your own property. The County Zoning Ordinance does not allow off-site signs. If you are in the rural part of the county refer to Title 17.108.190 “Signs” for regulations. Refer to your Specific/Area Plan if you are in a Town Planning Area.

9. Does the County enforce CC & R’s?

No. The County only enforces the regulations established by County Code. A Homeowner’s Association would typically be responsible for enforcing CC & R’s

10. I have 9.99 acres in the Mountain Home Zone, which has a 5 acre minimum parcel size. Can I subdivide my parcel into two parcels?

No. A parcel created through the Subdivision process must comply with the minimum parcel size established by code. A 9.99 acre parcel does not comply with the 5 acre per parcel minimum size requirement for this zone.

11. What does TPA zone mean? And what can I do with my property?

The Town Planning Area (TPA) Designation allows for residential development at 2 1/2 acre minimum parcel size (with on-site water and wastewater); 1 acre minimum parcel size (with community water or wastewater); 9,000 square feet (with community water and wastewater). Additionally the TPA designation potentially allows for neighborhood and resort commercial uses with Planning Commission approval.

12. How can I get the County to maintain my private road?

Not easily. The County Road Improvement and Circulation Policy establishes criteria which must generally be met in order for the County to take over the maintenance of a private road. These are:
• The road is a Class II or higher and is constructed to County standards.
• Placing the road into the County maintained system is in the public interest.
• The road is in a town planning area or services concentrated development.
• The road connects a State Highway to a State Highway, connects a State Highway to a County Road, or connects a County Road to a County Road.
Please check with the Mariposa Public Works Department (209) 966-5356 for more information regarding this issue

13. How many horses or animals can I have on my property?

Outside of Town Planning Areas with adopted Specific Plans (Mariposa, Coulterville, Wawona, and Fish Camp), the Zoning Ordinance does not establish specific limit for the number of animals, including horses, which you can keep on your property. Rather, the Zoning Ordinance standards state the agricultural uses, including the raising of livestock, shall be permitted as long as the use is not conducted in such a way as to constitute a nuisance. Consequently, how you maintain your animals and the facilities for your animals, and how close your nearest neighbor is would ultimately determine how many horses you could keep without becoming a nuisance.
In the Agricultural Exclusive Zone, agricultural uses are permitted outright and there are no nuisance provisions in code.
In Town Planning Areas with adopted Specific Plans, you'll need to check directly with a planner to determine the applicable codes for your parcel.
The County has an adopted "Right to Agricultural Activity Ordinance". If you are interested in the provisions within this ordinance, please request the assistance of a planner.

14. Can I have a small business on my property?

A small business may be developed through the rural home industry provisions of the Mariposa County Zoning Ordinance. Standards require that the use be operated by the owner of the business who must reside on the property on a permanent basis. The rural home industry provisions contain special setback requirements and nuisance provisions that apply to future use and operation of the rural home industry.
Based upon the nuisance provisions in the code, the Planning Department cannot formally approve or deny a rural home industry prior to its construction or operation, although we may give our professional opinion to property owners upon request as to whether a proposed rural home industry might comply with the development standards of the Zoning Ordinance. Section 17.108.080 of the Zoning Ordinance states a rural home industry is a permitted use unless the use is detrimental to the surrounding area by reason of appearance, noise dust, smoke or odor or the normal operation of the use caused objectionable noise, odor, dust or smoke beyond the boundaries of the property. As you may reason, detrimental or objectionable appearance, noise, dust smoke or odor usually cannot be determined until after the rural home industry begins operation.
If we receive a complaint from a neighboring property owner, this office would investigate to determine if the rural home industry complies with the rural home industry development standards and whether it is detrimental or objectionable for the reasons stated above. If this office determines the rural home industry does not comply with the development standards or is in fact detrimental or objectionable, the Planning Director and ultimately the Board of Supervisors upon appeal may require the rural home industry to modify its operation (e.g. limit hours of operation) or, in the worst case, cease operation. Although there are many rural home industries that operate in the County with no problems, you must be aware of these potential consequences which may arise.

15. How can I determine if I can subdivide my property?

Make sure the zoning and acreage of your property is appropriate for subdivision. According to the General Plan basic development requirements are maintained roads, water supply, and wastewater disposal. For further details see Volume I, Chapter 5, Page 5-40 of the General Plan.

16. My neighbor put a fence up and I think it is on my property, what can I do?

The Planning Department has no jurisdiction over the placement of a fence in the rural areas of the county. This would be a civil matter between you and your neighbor. If a fence is within a Town Planning Area it may require a Design Review for height, structure and design materials.

17. What is California Conservation (Williamson) Act? How do I put my property into the Williamson Act?

Note that Mariposa County’s policies differ somewhat from State Law. For example, Mariposa County’s contracts are 20-year contracts (instead of the 10 year contracts) described on the Department of Conservation webpage.

18. How do I cancel my Williamson Act Contract?

Note that Mariposa County’s policies differ somewhat from State Law. For example, Mariposa County’s cancellation penalty is 25% of the current assessed valuation (instead of the 12½ % described on the web site referenced below). For answers to these questions and other basic provisions visit the following web site: https://www.conservation.ca.gov/dlrp/wa

19. Does my project need Design Review and/or Historic Design Review?

Mariposa and Coulterville have identified Historic Design Review and Design Review Districts. If your project will take place in one of these Districts, please contact the Planning Department for information at (209) 966-5151. To view maps of these Districts see page http://www.mariposacounty.org/index.aspx?nid=1175

20. My neighbor has horses near my property line. I am bothered by flies, and concerned about other pests and impacts of runoff and erosion to nearby creeks.

Horses are a valuable part of California's suburban and rural environment. Just as horse owners plan the input (feed) for horses, they need to plan for the output (manure). Horse owners should develop a waste management plan to ensure clean and safe facilities, protect creeks and ground water, and reduce odors and insect breeding opportunities. Some tips for a manure management plan have been posted on our Planning Information page, or click the following link to the document:
http://ca-mariposacounty.civicplus.com/DocumentCenter/View/39314