68 - COMBINING DISTRICT REGULATIONS
The purpose of the combining district regulations is to provide additional development standards for selected special cases, as defined in each of the following combining district regulations. The combining district designation is combined with the base zoning district to achieve the desired level of development standards and land use application processing. It is intended that more than one combining district may be attached to the base zoning district. As an example, OP-HD-SC, would indicate the base zoning district of Office and Professional, with the Historical District and Scenic Corridor Combining District regulations.
(Ord. 87-2 § 5.01-01, 1987)
A.
The city council finds and declares that the area described in this section is one of great historical interest and aesthetic value. Within said district are many places and buildings which are important historical exhibits and unique architectural specimens. Said places and buildings are symbolic of the city's historical past as a mining town during the days of the California gold rush and thereafter. Examples of such places and buildings are:
1.
The Plaza;
2.
Ott's Assay Office, 132 Main Street;
3.
Methodist Church, 433 Broad Street;
4.
Trinity Episcopal Church, 226 Nevada Street;
5.
St. Janice Catholic Church, 317 Washington Street;
6.
Community Baptist Church, 300 Main Street;
7.
New York Hotel, 408 and 410 Broad Street;
8.
Nugget Building, 318 Broad Street;
9.
Union Building, 301 Broad Street;
10.
Osborn and Woods Building, 244 Commercial Street;
11.
Old Chinese Laundry, 312 Commercial Street;
12.
National Hotel, 211 Broad Street;
13.
Firehouse No. 1, Main Street;
14.
Firehouse No. 2, Broad Street;
15.
Nevada Opera House, Broad Street;
16.
Masonic Temple, 110 North Pine Street;
17.
Searle's Building, 214 Church Street;
18.
The Red Castle, 104 Prospect Street;
19.
The Old Brewery, 107 Sacramento Street.
B.
The historic character and distinctive architecture of such places and buildings, and of the historic district as a whole, have attracted tourists and visitors to the city in great numbers, thereby augmenting the economy and general welfare of the city and its inhabitants. The preservation of such places and buildings, and of the architectural appearance of the surrounding properties within the district, is essential to the economic and cultural life of the city. To permit a departure from the established type of architecture in the construction of new buildings or in the alteration of existing buildings within the district, and to permit the uncontrolled use of advertising signs therein, would be detrimental to the historical places and buildings, and would tend to depreciate the values of all properties within the district. In order to promote the public health, safety and general welfare, it is necessary, pursuant to Section 37361 of the California Government Code, to provide for such places and buildings having a special character or special historical or aesthetic interest or value, special conditions and regulations for their protection, enhancement and perpetuation, and to provide appropriate and reasonable control of the appearance of neighboring property within public view.
(Ord. 344 § 1, 1969: Ord. 338 § 1, 1968)
Editor's note— Ord. No. 2023-07, § 14, adopted Aug. 9, 2023, repealed § 17.68.025, which pertained to prohibited uses and derived from Ord. No. 2009-06, § 2(Exh. A-9), adopted Sept. 9, 2009.
The following words and phrases, as used in this article, shall have the following meanings:
"Mother Lode type of architecture" means that type of architecture generally used in the Mother Lode region of the state of California during the period from 1849 and 1900, and which is exemplified in Nevada City by the buildings listed in Section 17.68.020 of this article and also by the following:
1.
Store building with apartment, 232 and 232 1/2 Commercial Street;
2.
Store building with apartment, 232 3/4 Commercial Street;
3.
Store building, as restored, 218 Broad Street;
4.
Store building with apartment, 310 Broad Street;
5.
Store building, 314 Broad Street;
6.
Office building, as restored, 307 Broad Street.
Such type of architecture involves the use of wood and brick as primary materials, and is generally characterized by such design features, among others, as gabled or shed roofs, tall and narrow windows and doors, dormer windows, iron or wooden shutters, balconies, wooden awnings and ornamental scroll work. The determination of whether a building conforms with the Mother Lode type of architecture shall include all factors which affect the external appearance of the building, including, without limitation, architectural elevations, building materials, colors, finish, lighting, ornamental devices and signs.
"Person" means and includes every person, firm, partnership, corporation or association, whether acting as principal, agent, employee or otherwise.
"Sign" means any outdoor medium which is used or intended to be used to attract attention, by visual means, to either a location or subject matter for advertising structures or displays on which letters, words or other characters are placed, as well as the portion of any building wall on which such letters, words or other characters may be painted or otherwise affixed.
(Ord. 338 § 2, 1968)
There is hereby created and established within the city an historical district, which includes all of the territory bounded as follows:
Beginning at the intersection of the centerlines of Broad and Bennett Streets; thence from said point of beginning in a Southeasterly direction along the centerline of Broad Street to the intersection of the line with the centerline of Commercial Street; thence in a Southeasterly direction along the centerline of Commercial Street to the intersection of said line with the centerline of York Street; thence in a Northeasterly direction along the centerline of York and Washington Streets to the intersection of said line with the centerline of Main Street; thence in a Northwesterly direction along the centerline of Main Street to the intersection of said line with the centerline of Court Street; thence in a Northeasterly direction along the centerline of Court Street to the intersection of said line with the extension of the Westerly lot line of the existing lot situated at the Northwest corner of Court and Coyote Streets; thence along said extended lot line to a point in the Northerly line of Court Street, distant thereon South 70º 56' West 90.38 feet from the Southeast Corner of Block 9, as said block is shown upon the Official Map of Nevada City, made by H.S. Bradley in the year 1869; Thence North 26º 27' West 56.53 feet; thence North 28º 59' West 30.61 feet; thence North 27º 10' West 38.11 feet; thence North 33º 03' West 45.19 feet; thence South 61º 52' West 27.01 feet; thence North 26º 51' West 42.63 feet; thence North 64º 26' East 90.65 feet; thence North 41º 52' West 79.27 feet; thence South 86º 22' East 3.00 feet; thence North 32º 12' West 66.45 feet; thence Northerly along the Westerly line of Lot 13 in said Block 9 to the Southerly line of Lot 22 in said Block 9; thence Easterly along said last mentioned line to the Southwesterly corner of Lot 14 in said Block 9; thence North 190º 26' 40" West to the centerline of Dean Alley; thence Easterly along said centerline of Dean Alley to the intersection of said line with the centerline of Coyote Street; thence Southerly along the centerline of Coyote Street to the intersection of said line with the centerline of the Washington Street overpass; thence in an Easterly direction along the centerline of Washington Street to the intersection of said centerline with the centerline of High Street; thence in a Southerly direction along the centerline of High Street to the intersection of said line with the extension of the Northerly lot line of the Trinity Episcopal Church property; thence along said extended lot line to the most Westerly corner of said church property; thence to an Easterly direction along the Northerly line of said church property to the intersection of said line with the centerline of Nevada Street; thence in a southwesterly direction along the centerline of Nevada Street to the intersection of said line with the centerline of Main Street; thence in a Southeasterly direction along the centerline of Main Street to the intersection of said line with the centerline Sacramento Street; thence in a Southwesterly direction along the centerline of Sacramento Street to the intersection of said line with the Easterly line of the freeway right of way; thence in a Northerly direction along the Easterly line of the freeway right of way to the intersection of said line with the centerline of Deer Creek; thence in a Westerly direction along the centerline of Deer Creek to its intersection with the Pine Street Bridge; thence in a Southerly direction along the outermost portion of the Pine Street Bridge to the end of Pine Street Bridge; thence across both travel lanes and walkway of the Pine Street Bridge to its most outer portion; thence in a Northerly direction along the outermost portion of the Pine Street Bridge to its intersection of the centerline of Deer Creek; thence in a Westerly direction along the centerline of Deer Creek; thence in a westerly direction along the centerline of Roger Williams Ravine; thence in a Northerly direction along the centerline of Roger Williams Ravine to the intersection of said line with the centerline of Bennett Street to the point of beginning.
Said Historical District shall also include all of the territory bounded as follows:
Beginning at the intersection of the centerlines of Sacramento Street and Boulder Street; thence in a Northeasterly direction along the centerline of Boulder Street to the intersection of said line with the extension of the Northeasterly line of Lot 2, in Block 2, in Block 57, as said lot and block are shown on the map of the City of Nevada City made by H.S. Bradley in the year 1869; thence Southeasterly along said extended lot line to the Northeast corner of said Lot 2; thence Southeasterly along the Northeasterly line of said Lot 2 to the Southeast corner of said lot in the center of Little Deer Creek; thence Westerly along the centerline of Little Deer Creek to the intersection of said line with the Northeasterly line of Lot 1, in Block 57, as shown on said map; thence Southeasterly along said Northeasterly line of said Lot 1 to the Northeast corner of Lot 15, in Block 57, as shown on said map; thence Southeasterly along said Northeasterly line of said Lot 1 to the Northeast corner of Lot 15, in Block 57, as shown on said map; thence Southeasterly along said Northeasterly line of said Lot 15 to the Southeast corner of said lot, being also the Northeast corner of Lot 17, in Block 57, as shown on said map; thence Southeasterly along the Northeasterly line of said Lot 17, and along the extension of said line to the centerline of Prospect Street to the intersection of said line with the centerline of Adams Street; thence Northwesterly along the centerline of Adams Street to the intersection of said line with the centerline of Sacramento Street; thence Northeasterly along the centerline of Sacramento Street to the point of beginning.
Said historical district shall also include all of the territory bounded as follows:
Beginning at the intersection of the centerlines of Nevada Street and Grove Street; thence in a Northeasterly direction along the centerline of Grove Street to the intersection of said line with the extension of the Northeasterly line of Lot 3, in Block 4, as said lot and block are shown on the map of the City of Nevada made by H.S. Bradley in the year 1869; thence Southeasterly along said extended lot line to the Northeast corner of said lot in the center of Deer Creek; thence Westerly along the centerline of Deer Creek to the intersection of said line with the Northeasterly line of Lot 2, in Block 62, as shown on said map; thence Southeasterly along said lot line as extended to the centerline of Boulder Street; thence in a Southwesterly direction along the centerline of Boulder Street to the intersection of said line with the extension of the Northeasterly line of Lot 2, in Block 57, as shown on said map.
Said Historical District shall also include all of the territory described as follows:
Nevada County Assessor Parcel numbers 05-096-04, 05-096-05, and 05-096-06
Said parcels are more fully described on the Assessor's Parcel Map attached to the ordinance codified in this chapter, and said map is incorporated herein by reference as though more fully set forth.
(Ord. 92-05, 1992; Ord. 89-5 § 1, 1989; Ord. 368 § 1, 1975; Ord. 344 § 2, 1969; Ord. 338 § 3, 1968)
It is unlawful for any person (1) to tear down, demolish or remove any building within the historical district, or (2) to construct any building or alter any building as to its exterior appearance, within said district, or (3) to place, erect, alter or relocate any sign within said district (except as provided in Section 17.68.100 of this chapter, without first obtaining a permit to do so in the manner provided in this article; and no such permit shall be issued except in compliance with the provisions of this article.
(Ord. 338 § 4, 1968)
No building of special historical interest or value, or of the Mother Lode type of architecture, situated within the historical district and fronting upon bay of the streets or alleys within or bounding said district, shall be torn down, demolished or removed, unless such building is or becomes so damaged or dilapidated, whether from damage by fire or other elements or from natural deterioration, that it is unusable and cannot reasonably be repaired or restored.
(Ord. 338 § 5, 1968)
All buildings which may hereafter be constructed or altered as to their exterior appearance, situated within the historical district and fronting upon the streets or alleys within or bounding said district, shall as to their exterior appearance within public view substantially conform with the Mother Lode type of architecture.
(Ord. 338 § 6, 1968)
Except as provided in Sections 17.68.080 and 17.80.180 of this article, no sign shall be placed, erected, altered or relocated on any property within the historical district unless such sign is, as to its exterior appearance, compatible with the Mother Lode type of architecture, and unless it complies with all of the following requirements:
A.
No sign shall be allowed except a sign which identifies or advertises the business conducted on the premises.
B.
Each sign shall be affixed to a building, except that where the building is set back from the street to such extent that a sign affixed to the building would not be within reasonable view from the street, then a sign need not be so affixed, but may be located in some other manner as the planning commission shall approve.
C.
No sign shall project more than six feet from the face or vertical surface of the building.
D.
No sign shall project above the eave or parapet line of the building.
E.
No single sign shall exceed twenty-four square feet in area. The planning commission may grant an exception for signage placed on a building that is located within the Historic District and that has served as the same continuously running business since the turn of the twentieth century, which may be a size as approved by the planning commission.
F.
The aggregate area of all signs of any one business entity shall not exceed twenty- four square feet; provided, however, that a single business entity having public customer entrances on two or more sides of a building may treat each such side as a separate entity. The planning commission may grant an exception to the number and location of signage on a business that is located within the Historic District and that has served as the same continuously running business since the turn of the twentieth century.
G.
The area of an irregular sign shall be the area of the smallest rectangle which can wholly contain the sign.
H.
No sign shall contain any flashing, blinking or moving letters, characters or other elements, and the sign itself shall not move.
I.
No sign shall contain any outline tubing.
J.
Sandwich board signs or A-board signs shall not be allowed.
K.
Neon signs or signs containing any outline tubing which are sought to be located inside a building and which are designed to be seen from the outside of the building are prohibited. Any sign in violation of this subsection shall be removed immediately.
L.
Internally illuminated signs and digital or electronic signs of all types are prohibited.
(Ord. 88-8 § 1, 1988; Ord. 85-7 § 1, 1985; Ord. 348 § 1, 1970: Ord. 338 § 7, 1968; Ord. No. 2021-05, § 2, 5-26-2021; Ord. No. 2023-08, § 1, 12-14-2023)
As an alternative to the sign or signs allowed by Section 17.68.080 of this article, but not in addition thereto, each gasoline service station may place, erect, alter or relocate a single pole sign which complies with all the following requirements:
A.
Such sign shall not extend more than thirty feet above the ground level.
B.
Such sign shall not exceed thirty-two square feet in area.
C.
Such sign shall comply with all of the requirements set forth in subsections A, G, H and I of Section 17.68.080 of this article.
(Ord. 338 § 8, 1968)
The provisions of this article shall not apply to the following signs:
A.
Signs located on property which is zoned for residential use pursuant to this title, as amended, or any other zoning ordinance which may hereafter be adopted;
B.
Official notices issued by a court or public body or officer, and notices posted by any public officer in the performance of a public duty, or by any person in giving legal notice;
C.
Directional signs not exceeding four (4) square feet in area for off-street parking and loading facilities;
D.
Signs not exceeding four (4) square feet in area pertaining to the sale, lease or rental of the property on which such signs are placed;
E.
Temporary political, election or campaign signs not exceeding four (4) square feet in area;
F.
Professional signs not exceeding four (4) square feet in area;
G.
Church signs not exceeding twenty-four (24) square feet in area;
H.
Temporary construction signs, not exceeding twenty-four (24) square feet, identifying a building under construction, or the contractor or architect therefor; provided that such a sign shall be removed upon the expiration of six (6) months after its erection, or upon the completion of the building, whichever event first occurs;
I.
Signs advertising a horse and carriage business, as long as all of the following conditions are met:
1.
Said sign shall not exceed two (2) feet by four (4) feet, double-faced, and said sign may be an A-board type sign.
2.
Said sign may be located on a city sidewalk as long as the location allows forty-two (42) inches of sidewalk clearance.
3.
An operator that has more than one (1) horse and carriage operating within the historical district shall not have more than two (2) such signs on display at any one (1) time.
4.
The planning commission shall review the sign for compatibility with Mother Lode architecture.
5.
If the sign is located on the sidewalk in front of a private business, the operator of the horse and carriage will need to obtain the permission of the owner of said property.
6.
Said signs can only be displayed during the actual hours that the horse and carriage is in operation.
(Ord. 91-04 Exh. D, 1991; Ord. 348 § 1, 1970: Ord. 338 § 9, 1968)
Any lawful sign existing at the time of adoption of the ordinance codified in this article may be continued although such sign does not comply with the provisions of this article, subject to the following conditions and requirements:
A.
No such sign shall be enlarged in area or changed to any other nonconforming sign.
B.
If such sign is removed or destroyed, it may not be replaced except in compliance with all the requirements of this article.
C.
Such nonconforming sign shall either be removed, or shall be altered or relocated so as to comply with all of the provisions of this article, not later than June 1, 1978.
(Ord. 358 § 1, 1973: Ord. 338 § 10, 1968)
Applications for permits by Section 17.68.050 of this article shall be in writing and shall be filed with the planning commission of the city. Applications shall be in such form, and shall contain or be accompanied by such in formation or material as the commission may require.
(Ord. 338 § 11, 1968)
Upon the filing of an application for a permit under the Uniform Building Code pertaining to any matter for which a permit is also required by this article, the building inspector shall immediately give written notice of such filing to the planning commission, and no permit shall be issued by the building inspector unless and until the permit required by this article has been issued.
(Ord. 338 § 12, 1968)
A.
Upon the filing of an application for a permit under this article, the planning commission shall promptly consider the matter at a public meeting, and shall make a decision either granting or denying such a permit. Before making such decision, the commission may consult with the applicant with the view of recommending modification in the proposal set forth in the application, and it may also consult with historians, architects and persons schooled in the fine arts. Consideration of the application may, if necessary, be continued from time to time.
B.
Written notice of the commission's decision shall be mailed to the applicant, and a copy of such notice shall be mailed to the building inspector.
(Ord. 338 § 13, 1968)
A.
Any applicant for a permit hereunder who is dissatisfied with the decision of the planning commission may appeal such decision to the city council by filing with the city clerk a written notice of appeal. Such notice must be filed within fifteen days after the date on which the notice of the decision of the planning commission is mailed to the applicant, and shall set forth the specific ground or grounds of said appeal.
B.
The clerk shall forthwith set the matter for hearing before the council, and shall cause notice thereof to be mailed to the applicant not less than five days before such hearing. The hearing may be contained from time to time, and upon the conclusion thereof, the council shall promptly make a final decision in the matter.
(Ord. 338 § 14, 1968)
All permits under this article shall expire one year after the date they are issued, unless the matter for which the permit is issued is substantially undertaken before such period elapses and is diligently pursuant thereafter.
(Ord. 338 § 15, 1968)
It is unlawful for any person to proceed under any permit in a manner which constitutes a material variance from the terms of the permit or the representations on which it was issued, and in the event of such violation, the permit may be canceled forthwith by action of the city council.
(Ord. 338 § 16, 1968)
The regulations contained in this article are additional to those set forth in this title, as amended, and other ordinances; provided, however, that in the event of any conflict, the provisions of this article shall prevail.
(Ord. 338 § 17, 1968)
Every person violating any of the provisions of this article shall be guilty of an infraction. Every person convicted of a violation of this article shall be punished by a mandatory fine of not less than twenty-five dollars or more than two hundred fifty dollars upon a first conviction, by a mandatory fine of not less than fifty dollars or more than two hundred fifty dollars upon a second or subsequent conviction within twenty-four months, and each such person shall be deemed guilty of a separate offense for each day, or portion thereof, during which any violation of this article is committed or continued.
(Ord. 84-1 § 1, 1984: Ord. 338 § 18, 1968)
The SC scenic corridor combining district classification is intended to be applied to land areas which are adjacent to roads and highways which are indicated on the General Plan with the symbol for scenic corridors, and as may be designated by the city council from time to time. These roadways are generally entryways to Nevada City which were recognized in the General Plan as being particularly important to protect the existing essential character of Nevada City, namely that of a small, compact historical town surrounded by green, wooded hills, by hiding development from view from the highways and preserving the existing tree cover to the greatest extent possible, and assuring visually pleasing corridors through design control.
(Ord. 87-2 § 5.03-01, 1987)
A.
In any district abutting or within three hundred feet of a scenic corridor highway right-of-way and/or as indicated with the "-SC combining district on the Zone District Map, the base zoning district regulations shall apply, except that the site plan, tentative map, or conditional use permit for the development, must be reviewed by the planning commission for compliance with the intent of the scenic corridor General Plan policies and these regulations.
B.
The planning commission may require revision of the proposed site plan, tentative map, building permit site plan, or conditional use permit, or the incorporation of special conditions of approval or design features, prior to approval. In reviewing applications for compliance with this combining district, the planning commission may consider:
1.
The height, bulk, and area of buildings or improvements;
2.
Setbacks from the property lines. The commission may consider increasing the setback requirements of the district, if needed to protect the scenic corridor;
3.
The colors, textures, and materials of the exterior walls and roofs, and the roof pitches;
4.
The parking lot location and distribution and effectiveness of landscaping and natural areas, and the location of any type of any proposed signs;
5.
The relationship to other building or existing or proposed uses in the area;
6.
The extent and visual impact of proposed cuts, fills, and/or retaining walls;
7.
The shape of land forms and existing vegetation.
C.
In approving an application for a land use abutting a scenic corridor, the planning commission must make the following findings:
1.
That the proposed plan, as conditioned, is consistent with the General Plan;
2.
That the proposed plan, as conditioned, contains sufficient design and/or landscaping features to protect and enhance the aesthetics of the scenic corridor;
D.
The clearing of natural vegetation within fifty feet of the right-of-way line of any scenic corridor highway is prohibited, except as approved in conjunction with the review of the development plan, as provided herein.
(Ord. 87-2 § 5.03-02, 1987)
The decision of the planning commission regarding scenic corridor development is final, unless appealed to the city council, in accordance with Chapter 17.88 of this title.
(Ord. 87-2 § 5.03-03, 1987)
The purpose of the PD planned development combining district is to provide for greater flexibility in the design of integrated development in context with the general character of the city which would not be otherwise possible through strict interpretation or application of district regulations. It is the intent of this section to encourage the design of well planned facilities which offer a variety of housing or other land uses through creative and imaginative planning, which may be reviewed under the conditional use permit process. The standards and regulations of this combining district may be utilized in reviewing the proposed development of any property having the "-PD" combining district attached to the base zoning district. When shown on the Zone District Map, the regulations herein are encouraged to be utilized during the development of vacant lands.
(Ord. 87-2 § 5.04-01, 1987)
Any approved development design shall provide high overall performance standards of open space (including preservation of existing trees and vegetation, and the addition of landscaping), circulation, off-street parking and other conditions in such a harmonious, integrated project of sufficient unity and harmony with the historic character of the city to justify exception to the normal regulations of this title.
(Ord. 87-2 § 5.04-02, 1987)
Density standards of the zone district in which the property is located shall apply to residential uses.
(Ord. 87-2 § 5.04-03, 1987)
Accessory uses solely for the convenience of the occupants of the development may be permitted.
(Ord. 87-2 § 5.04-04, 1987)
A.
Applications for a conditional use permit shall be filed with the planning commission and shall be subject to a filing fee in an amount to be determined by resolution of the city council. Said application shall be accompanied by two copies of the proposed development plan, which shall include three dimensional architectural renderings in addition to site development plans.
B.
The planning commission may issue a conditional use permit for the development as submitted or subjected to such modifications or conditions that it deems warranted. The commission may prescribe the time limit within which the development shall take place and may prescribe the sequence of the development.
C.
In any case where a conditional use permit has been granted under this article, a building permit must be obtained therefor and construction started within a two-year period, or within such additional time period as may be granted by the planning commission, upon receipt of a written request for an extension of time prior to the expiration of the two-year period.
(Ord. 87-2 §§ 5.04-05 — 5.04-07, 1987)
A.
The purpose of this article is to regulate the use of land for mobile home parks and to establish standards for the development of such parks in order to protect the health and safety of the community. The provisions of this section shall apply to zoning districts designated with the MH combining district.
B.
The provisions of this section are in addition to those of the California Health and Safety Code, and the regulations promulgated thereunder, pertaining to mobile home parks and except where this section imposes more restrictive requirements, the provisions of the state laws and regulations shall be applicable.
(Ord. 87-2 §§ 5.05-01, 5.05-02, 1987)
A.
Minimum Park Area and Access. A mobilehome park shall have a minimum of five acres, and shall include sufficient frontage on a public street or road to allow safe ingress and egress.
B.
Density and Minimum Lot Size. The maximum density for a mobile home park with a base zoning district of R2 shall be eight units per gross acre, and each mobile home park lot shall contain a minimum of five thousand square feet. In any other base zoning district, the density standards of the base zoning district shall apply. The maximum lot coverage for each mobile home lot shall be sixty percent.
C.
Setbacks.
1.
No mobile home shall be located closer than ten feet to the boundary line on either side of the mobile home lot, or closer than ten feet to the front boundary of said lot, or closer than fifteen feet to the rear boundary line of said lot.
2.
No mobile home shall be located closer than twenty feet to any recreational or commercial building, or laundry or service building.
3.
No mobile home shall be located closer than two hundred feet to the right-of-way of any freeway, or closer than one hundred feet to the right-of-way of any other public street or road.
4.
No parking space shall be closer than five feet to any lot line.
D.
Internal Roadways.
1.
Each mobile home lot shall have direct access to a private roadway within a mobile home park.
2.
All such roadways shall be at least twenty-two feet wide, and shall be paved not less than sixteen feet, and there shall be no parking on either side of the road.
E.
Parking. All parking spaces as required by this section shall measure nine feet in width by eighteen feet in depth and shall be surfaced with PCC or asphaltic concrete with header boards and shall be supported by suitable base materials. Guest parking spaces shall be suitably marked outlining individual parking spaces and traffic flow.
1.
On-site parking spaces for a minimum of two cars shall be provided on each mobile home lot. Said spaces may be in tandem.
2.
No parking shall be allowed in the front setback area.
3.
Off-street parking on the basis of one parking space for each three hundred square feet of gross floor space in the recreational, all-purpose laundry or community building shall be provided. Said spaces shall be adjacent to said facilities or within a one hundred foot radius of the exterior walls of such structure.
4.
Off-street parking for guests shall be on the basis of one parking space for each three mobile home lots. Said parking spaces shall be distributed throughout the park in a reasonable manner.
F.
Walls and Landscaping.
1.
A six-foot wall or screen shall surround the entire perimeter of the mobile home park and shall consist of one or any combination types:
a.
Walls. A wall shall consist of concrete, stone, brick, or tile, or similar type of solid masonry material with a minimum thickness of four inches.
b.
Screens. A wrought iron, open weave or mesh type fence shall be combined with plant materials to form an opaque screen.
c.
Planting. Plant materials, when used as screen, shall consist of compact evergreen plants. Said plant materials shall be of a kind, or used in such a manner, so as to provide opaque screening.
2.
The wall or screen adjacent to any street frontage shall be decorative in nature, of a design approved by the planning commission, and shall be set back a minimum of ten feet from the right-of-way line. The resulting ten-foot area shall be landscaped.
3.
A five-foot wide landscape area shall be provided for inside the six-foot high wall adjacent to the property lines, except street frontage.
4.
Trees no less than eight feet in height shall be planted in landscaped areas adjacent to exterior property lines. The planting scheme shall be approved by the commission.
5.
Interior areas within the boundaries of the mobile home park surrounding the recreation facility and other miscellaneous common areas shall be landscaped.
6.
There shall be at least one street tree provided for each mobile home lot unless there is a tree already on the lot.
7.
All required landscape shall be equipped with automatic sprinkler systems and shall be permanently maintained.
G.
Recreation Facilities.
1.
A minimum of two hundred square feet of area for each mobile home site shall be devoted to recreational uses.
2.
No building within the park shall exceed thirty-five feet in height.
3.
Concrete sidewalks a minimum of four feet wide shall be provided for foot traffic leading to recreational facilities and shall be designed so as to serve each lot.
H.
Storage Yards. Areas designed for storage of travel trailers, campers, boats, etc., shall be provided within the boundary of the mobile home park as per the following standards:
1.
One storage space shall be provided for each three mobile home sites.
2.
Each storage space shall measure ten feet in width by twenty-five feet in depth.
3.
The storage yard shall be paved with asphaltic concrete with suitable base materials.
4.
The storage yard shall be located in an unobtrusive manner within the confines of the park, as approved by the city.
5.
The storage yard shall be surrounded and screened from view by a six-foot-high opaque screen or wall and shall be equipped with a six-foot-high sight-obscuring gate.
I.
Garbage and Trash Receptacles.
1.
On-site garbage cans shall be installed below finish grade.
2.
Central collection areas shall be established for trash and garbage disposal. Each collection area shall be appropriately screened so as to conceal the use.
J.
Clothes Drying Yards. If clothes drying yards are provided, they shall be completely screened from view. Such screening shall be subject to the approval of the planning commission.
K.
Utilities, Antennas and Interior Street Lights. All utility service, cable radio or television antennas or service shall be underground. All interior streets shall be lighted with street electrolier-type light standards according to standards approved for street safety.
L.
Sewers. Each mobile home lot shall be connected to a city sewer or to a system approved by the proper jurisdiction.
M.
Commercial Uses. Commercial uses shall not be permitted in any mobile home park irrespective of the zone in which the park is located, other than those services for the use and convenience of residents of the mobile home park. Additionally, a resident directory, lighted, may be placed inside the park in a position where it is visible from the entry drive.
N.
Street Names and Numbers. All street names and the park numbering system shall be approved by the planning commission.
O.
Miscellaneous Requirements.
1.
Only one mobile home may be placed on a lot.
2.
No equipment shall be permitted above the roof line of any mobile home.
3.
No mobile home shall be hauled to, or stored within a mobile home park unless it is properly erected on a site approved for such use.
4.
Aviaries, poultry, farm animals and horses are prohibited.
5.
No storage under a mobile home is permitted except for operating equipment which is a part of the mobile home.
(Ord. 87-2 § 5.05-03, 1987)
The SP Site Performance Combining District, when attached to the base zoning district, is intended to provide for a greater level of mitigation of land use impacts than is otherwise possible under the broad development standards of the base zone. This combining district is also intended to allow for conditional approval of rezonings and prezonings.
(Ord. 87-2 § 5.07-01, 1987)
Conditions may be attached based on initial environmental review or as suggested by an environmental impact report, specific plan, as defined by state law, with the final conditions being at the discretion of the city council, provided that the council finds that conditions associated with the combining district are necessary and reasonable to protect the public, in consideration of the performance standard contained in this title and of the requirements of the California Environmental Quality Act. When conditions are established by a development agreement, the PA Development Agreement Combining District may be used. Conditions may include a limitation on permitted uses or any other standards deemed appropriate by the city council, based on site-specific conditions.
(Ord. 87-2 § 5.07-02, 1987)
Where the Site Performance combining district is used, the ordinance containing the conditions of prezone or rezoning shall be shown on the Zone District Map for reference.
(Ord. 87-2 § 5.07-03, 1987)
The PA Development Agreement combining district is intended to be attached to base zoning districts which are further restricted or governed by a development agreement between the land owner and the city. This combining district is an administrative district for purposes of indicating on the Zone District Map that such an agreement exists. The city staff is authorized to place this combining district on the Zone District Map, after such an agreement has been executed by the city.
(Ord. 87-2 § 5.08-01, 1987)
The AN Annexation combining district is intended to be attached to the base zoning districts of parcels annexed after April 24, 1985. The district is administrative in nature and the city staff is authorized to attach the combining district to any such annexed lands. The purpose of the combining district is to identify lands which are affected by ordinances requiring payment of development fees or other mitigation measures, so that such fees or conditions may be required at the time of site plan, conditional use permit, or land division approval. Such fees shall be payable prior to the issuance of a building permit or prior to the recording of the final or parcel map, whichever occurs first.
(Ord. 87-2 § 5.09-01, 1987)
The X Excluding Subdivision combining district is intended to prohibit further division of the lands where the combining district is shown on the Zone District Map. The purpose of the district is to provide a method of mitigating the impacts of current projects by allowing the city to permanently freeze parcel sizes. As an example, a planned development project might cluster development or lots on one portion of a large parcel while leaving the remaining area of the parcel as open space. By applying the "-X" combining district to the open space parcel, future additional divisions of the property can be avoided.
(Ord. 87-2 § 5.10-01, 1987)
In order to protect the integrity and intent of the district, no rezoning of property designated with the "-X" combining district shall be made to allow a division of the property until a finding is first made by the planning commission and city council that the rezoning would be in the public's interests.
(Ord. 87-2 § 5.10-02, 1987)
In any zoning district, the minimum lot size provided therein may be increased to an alternative minimum lot size requirement by utilizing the minimum lot area combining district defined herein. All other provisions of the base zoning district, including, but not limited to, land uses, frontages, setbacks, and building heights shall remain in effect. The purpose of this combining district is to provide for greater flexibility in establishing lot development density where necessary. This designation is for the purpose of controlling future subdivision and shall not prohibit lots in existence at the time of this article amendment from reasonable improvement of their property consistent with the site development standards of the base zoning district. When used in conjunction with the PD combining district, the minimum area designation shall establish the density allowed in developing the property so designated.
(Ord. 91-04 Exh. E (part), 1991)
A number following the base district zoning regulation shall specify the minimum lot size in acres, or if enclosed in parenthesis, the minimum lot size in square feet.
(Ord. 91-04 Exh. E (part), 1991)
68 - COMBINING DISTRICT REGULATIONS
The purpose of the combining district regulations is to provide additional development standards for selected special cases, as defined in each of the following combining district regulations. The combining district designation is combined with the base zoning district to achieve the desired level of development standards and land use application processing. It is intended that more than one combining district may be attached to the base zoning district. As an example, OP-HD-SC, would indicate the base zoning district of Office and Professional, with the Historical District and Scenic Corridor Combining District regulations.
(Ord. 87-2 § 5.01-01, 1987)
A.
The city council finds and declares that the area described in this section is one of great historical interest and aesthetic value. Within said district are many places and buildings which are important historical exhibits and unique architectural specimens. Said places and buildings are symbolic of the city's historical past as a mining town during the days of the California gold rush and thereafter. Examples of such places and buildings are:
1.
The Plaza;
2.
Ott's Assay Office, 132 Main Street;
3.
Methodist Church, 433 Broad Street;
4.
Trinity Episcopal Church, 226 Nevada Street;
5.
St. Janice Catholic Church, 317 Washington Street;
6.
Community Baptist Church, 300 Main Street;
7.
New York Hotel, 408 and 410 Broad Street;
8.
Nugget Building, 318 Broad Street;
9.
Union Building, 301 Broad Street;
10.
Osborn and Woods Building, 244 Commercial Street;
11.
Old Chinese Laundry, 312 Commercial Street;
12.
National Hotel, 211 Broad Street;
13.
Firehouse No. 1, Main Street;
14.
Firehouse No. 2, Broad Street;
15.
Nevada Opera House, Broad Street;
16.
Masonic Temple, 110 North Pine Street;
17.
Searle's Building, 214 Church Street;
18.
The Red Castle, 104 Prospect Street;
19.
The Old Brewery, 107 Sacramento Street.
B.
The historic character and distinctive architecture of such places and buildings, and of the historic district as a whole, have attracted tourists and visitors to the city in great numbers, thereby augmenting the economy and general welfare of the city and its inhabitants. The preservation of such places and buildings, and of the architectural appearance of the surrounding properties within the district, is essential to the economic and cultural life of the city. To permit a departure from the established type of architecture in the construction of new buildings or in the alteration of existing buildings within the district, and to permit the uncontrolled use of advertising signs therein, would be detrimental to the historical places and buildings, and would tend to depreciate the values of all properties within the district. In order to promote the public health, safety and general welfare, it is necessary, pursuant to Section 37361 of the California Government Code, to provide for such places and buildings having a special character or special historical or aesthetic interest or value, special conditions and regulations for their protection, enhancement and perpetuation, and to provide appropriate and reasonable control of the appearance of neighboring property within public view.
(Ord. 344 § 1, 1969: Ord. 338 § 1, 1968)
Editor's note— Ord. No. 2023-07, § 14, adopted Aug. 9, 2023, repealed § 17.68.025, which pertained to prohibited uses and derived from Ord. No. 2009-06, § 2(Exh. A-9), adopted Sept. 9, 2009.
The following words and phrases, as used in this article, shall have the following meanings:
"Mother Lode type of architecture" means that type of architecture generally used in the Mother Lode region of the state of California during the period from 1849 and 1900, and which is exemplified in Nevada City by the buildings listed in Section 17.68.020 of this article and also by the following:
1.
Store building with apartment, 232 and 232 1/2 Commercial Street;
2.
Store building with apartment, 232 3/4 Commercial Street;
3.
Store building, as restored, 218 Broad Street;
4.
Store building with apartment, 310 Broad Street;
5.
Store building, 314 Broad Street;
6.
Office building, as restored, 307 Broad Street.
Such type of architecture involves the use of wood and brick as primary materials, and is generally characterized by such design features, among others, as gabled or shed roofs, tall and narrow windows and doors, dormer windows, iron or wooden shutters, balconies, wooden awnings and ornamental scroll work. The determination of whether a building conforms with the Mother Lode type of architecture shall include all factors which affect the external appearance of the building, including, without limitation, architectural elevations, building materials, colors, finish, lighting, ornamental devices and signs.
"Person" means and includes every person, firm, partnership, corporation or association, whether acting as principal, agent, employee or otherwise.
"Sign" means any outdoor medium which is used or intended to be used to attract attention, by visual means, to either a location or subject matter for advertising structures or displays on which letters, words or other characters are placed, as well as the portion of any building wall on which such letters, words or other characters may be painted or otherwise affixed.
(Ord. 338 § 2, 1968)
There is hereby created and established within the city an historical district, which includes all of the territory bounded as follows:
Beginning at the intersection of the centerlines of Broad and Bennett Streets; thence from said point of beginning in a Southeasterly direction along the centerline of Broad Street to the intersection of the line with the centerline of Commercial Street; thence in a Southeasterly direction along the centerline of Commercial Street to the intersection of said line with the centerline of York Street; thence in a Northeasterly direction along the centerline of York and Washington Streets to the intersection of said line with the centerline of Main Street; thence in a Northwesterly direction along the centerline of Main Street to the intersection of said line with the centerline of Court Street; thence in a Northeasterly direction along the centerline of Court Street to the intersection of said line with the extension of the Westerly lot line of the existing lot situated at the Northwest corner of Court and Coyote Streets; thence along said extended lot line to a point in the Northerly line of Court Street, distant thereon South 70º 56' West 90.38 feet from the Southeast Corner of Block 9, as said block is shown upon the Official Map of Nevada City, made by H.S. Bradley in the year 1869; Thence North 26º 27' West 56.53 feet; thence North 28º 59' West 30.61 feet; thence North 27º 10' West 38.11 feet; thence North 33º 03' West 45.19 feet; thence South 61º 52' West 27.01 feet; thence North 26º 51' West 42.63 feet; thence North 64º 26' East 90.65 feet; thence North 41º 52' West 79.27 feet; thence South 86º 22' East 3.00 feet; thence North 32º 12' West 66.45 feet; thence Northerly along the Westerly line of Lot 13 in said Block 9 to the Southerly line of Lot 22 in said Block 9; thence Easterly along said last mentioned line to the Southwesterly corner of Lot 14 in said Block 9; thence North 190º 26' 40" West to the centerline of Dean Alley; thence Easterly along said centerline of Dean Alley to the intersection of said line with the centerline of Coyote Street; thence Southerly along the centerline of Coyote Street to the intersection of said line with the centerline of the Washington Street overpass; thence in an Easterly direction along the centerline of Washington Street to the intersection of said centerline with the centerline of High Street; thence in a Southerly direction along the centerline of High Street to the intersection of said line with the extension of the Northerly lot line of the Trinity Episcopal Church property; thence along said extended lot line to the most Westerly corner of said church property; thence to an Easterly direction along the Northerly line of said church property to the intersection of said line with the centerline of Nevada Street; thence in a southwesterly direction along the centerline of Nevada Street to the intersection of said line with the centerline of Main Street; thence in a Southeasterly direction along the centerline of Main Street to the intersection of said line with the centerline Sacramento Street; thence in a Southwesterly direction along the centerline of Sacramento Street to the intersection of said line with the Easterly line of the freeway right of way; thence in a Northerly direction along the Easterly line of the freeway right of way to the intersection of said line with the centerline of Deer Creek; thence in a Westerly direction along the centerline of Deer Creek to its intersection with the Pine Street Bridge; thence in a Southerly direction along the outermost portion of the Pine Street Bridge to the end of Pine Street Bridge; thence across both travel lanes and walkway of the Pine Street Bridge to its most outer portion; thence in a Northerly direction along the outermost portion of the Pine Street Bridge to its intersection of the centerline of Deer Creek; thence in a Westerly direction along the centerline of Deer Creek; thence in a westerly direction along the centerline of Roger Williams Ravine; thence in a Northerly direction along the centerline of Roger Williams Ravine to the intersection of said line with the centerline of Bennett Street to the point of beginning.
Said Historical District shall also include all of the territory bounded as follows:
Beginning at the intersection of the centerlines of Sacramento Street and Boulder Street; thence in a Northeasterly direction along the centerline of Boulder Street to the intersection of said line with the extension of the Northeasterly line of Lot 2, in Block 2, in Block 57, as said lot and block are shown on the map of the City of Nevada City made by H.S. Bradley in the year 1869; thence Southeasterly along said extended lot line to the Northeast corner of said Lot 2; thence Southeasterly along the Northeasterly line of said Lot 2 to the Southeast corner of said lot in the center of Little Deer Creek; thence Westerly along the centerline of Little Deer Creek to the intersection of said line with the Northeasterly line of Lot 1, in Block 57, as shown on said map; thence Southeasterly along said Northeasterly line of said Lot 1 to the Northeast corner of Lot 15, in Block 57, as shown on said map; thence Southeasterly along said Northeasterly line of said Lot 1 to the Northeast corner of Lot 15, in Block 57, as shown on said map; thence Southeasterly along said Northeasterly line of said Lot 15 to the Southeast corner of said lot, being also the Northeast corner of Lot 17, in Block 57, as shown on said map; thence Southeasterly along the Northeasterly line of said Lot 17, and along the extension of said line to the centerline of Prospect Street to the intersection of said line with the centerline of Adams Street; thence Northwesterly along the centerline of Adams Street to the intersection of said line with the centerline of Sacramento Street; thence Northeasterly along the centerline of Sacramento Street to the point of beginning.
Said historical district shall also include all of the territory bounded as follows:
Beginning at the intersection of the centerlines of Nevada Street and Grove Street; thence in a Northeasterly direction along the centerline of Grove Street to the intersection of said line with the extension of the Northeasterly line of Lot 3, in Block 4, as said lot and block are shown on the map of the City of Nevada made by H.S. Bradley in the year 1869; thence Southeasterly along said extended lot line to the Northeast corner of said lot in the center of Deer Creek; thence Westerly along the centerline of Deer Creek to the intersection of said line with the Northeasterly line of Lot 2, in Block 62, as shown on said map; thence Southeasterly along said lot line as extended to the centerline of Boulder Street; thence in a Southwesterly direction along the centerline of Boulder Street to the intersection of said line with the extension of the Northeasterly line of Lot 2, in Block 57, as shown on said map.
Said Historical District shall also include all of the territory described as follows:
Nevada County Assessor Parcel numbers 05-096-04, 05-096-05, and 05-096-06
Said parcels are more fully described on the Assessor's Parcel Map attached to the ordinance codified in this chapter, and said map is incorporated herein by reference as though more fully set forth.
(Ord. 92-05, 1992; Ord. 89-5 § 1, 1989; Ord. 368 § 1, 1975; Ord. 344 § 2, 1969; Ord. 338 § 3, 1968)
It is unlawful for any person (1) to tear down, demolish or remove any building within the historical district, or (2) to construct any building or alter any building as to its exterior appearance, within said district, or (3) to place, erect, alter or relocate any sign within said district (except as provided in Section 17.68.100 of this chapter, without first obtaining a permit to do so in the manner provided in this article; and no such permit shall be issued except in compliance with the provisions of this article.
(Ord. 338 § 4, 1968)
No building of special historical interest or value, or of the Mother Lode type of architecture, situated within the historical district and fronting upon bay of the streets or alleys within or bounding said district, shall be torn down, demolished or removed, unless such building is or becomes so damaged or dilapidated, whether from damage by fire or other elements or from natural deterioration, that it is unusable and cannot reasonably be repaired or restored.
(Ord. 338 § 5, 1968)
All buildings which may hereafter be constructed or altered as to their exterior appearance, situated within the historical district and fronting upon the streets or alleys within or bounding said district, shall as to their exterior appearance within public view substantially conform with the Mother Lode type of architecture.
(Ord. 338 § 6, 1968)
Except as provided in Sections 17.68.080 and 17.80.180 of this article, no sign shall be placed, erected, altered or relocated on any property within the historical district unless such sign is, as to its exterior appearance, compatible with the Mother Lode type of architecture, and unless it complies with all of the following requirements:
A.
No sign shall be allowed except a sign which identifies or advertises the business conducted on the premises.
B.
Each sign shall be affixed to a building, except that where the building is set back from the street to such extent that a sign affixed to the building would not be within reasonable view from the street, then a sign need not be so affixed, but may be located in some other manner as the planning commission shall approve.
C.
No sign shall project more than six feet from the face or vertical surface of the building.
D.
No sign shall project above the eave or parapet line of the building.
E.
No single sign shall exceed twenty-four square feet in area. The planning commission may grant an exception for signage placed on a building that is located within the Historic District and that has served as the same continuously running business since the turn of the twentieth century, which may be a size as approved by the planning commission.
F.
The aggregate area of all signs of any one business entity shall not exceed twenty- four square feet; provided, however, that a single business entity having public customer entrances on two or more sides of a building may treat each such side as a separate entity. The planning commission may grant an exception to the number and location of signage on a business that is located within the Historic District and that has served as the same continuously running business since the turn of the twentieth century.
G.
The area of an irregular sign shall be the area of the smallest rectangle which can wholly contain the sign.
H.
No sign shall contain any flashing, blinking or moving letters, characters or other elements, and the sign itself shall not move.
I.
No sign shall contain any outline tubing.
J.
Sandwich board signs or A-board signs shall not be allowed.
K.
Neon signs or signs containing any outline tubing which are sought to be located inside a building and which are designed to be seen from the outside of the building are prohibited. Any sign in violation of this subsection shall be removed immediately.
L.
Internally illuminated signs and digital or electronic signs of all types are prohibited.
(Ord. 88-8 § 1, 1988; Ord. 85-7 § 1, 1985; Ord. 348 § 1, 1970: Ord. 338 § 7, 1968; Ord. No. 2021-05, § 2, 5-26-2021; Ord. No. 2023-08, § 1, 12-14-2023)
As an alternative to the sign or signs allowed by Section 17.68.080 of this article, but not in addition thereto, each gasoline service station may place, erect, alter or relocate a single pole sign which complies with all the following requirements:
A.
Such sign shall not extend more than thirty feet above the ground level.
B.
Such sign shall not exceed thirty-two square feet in area.
C.
Such sign shall comply with all of the requirements set forth in subsections A, G, H and I of Section 17.68.080 of this article.
(Ord. 338 § 8, 1968)
The provisions of this article shall not apply to the following signs:
A.
Signs located on property which is zoned for residential use pursuant to this title, as amended, or any other zoning ordinance which may hereafter be adopted;
B.
Official notices issued by a court or public body or officer, and notices posted by any public officer in the performance of a public duty, or by any person in giving legal notice;
C.
Directional signs not exceeding four (4) square feet in area for off-street parking and loading facilities;
D.
Signs not exceeding four (4) square feet in area pertaining to the sale, lease or rental of the property on which such signs are placed;
E.
Temporary political, election or campaign signs not exceeding four (4) square feet in area;
F.
Professional signs not exceeding four (4) square feet in area;
G.
Church signs not exceeding twenty-four (24) square feet in area;
H.
Temporary construction signs, not exceeding twenty-four (24) square feet, identifying a building under construction, or the contractor or architect therefor; provided that such a sign shall be removed upon the expiration of six (6) months after its erection, or upon the completion of the building, whichever event first occurs;
I.
Signs advertising a horse and carriage business, as long as all of the following conditions are met:
1.
Said sign shall not exceed two (2) feet by four (4) feet, double-faced, and said sign may be an A-board type sign.
2.
Said sign may be located on a city sidewalk as long as the location allows forty-two (42) inches of sidewalk clearance.
3.
An operator that has more than one (1) horse and carriage operating within the historical district shall not have more than two (2) such signs on display at any one (1) time.
4.
The planning commission shall review the sign for compatibility with Mother Lode architecture.
5.
If the sign is located on the sidewalk in front of a private business, the operator of the horse and carriage will need to obtain the permission of the owner of said property.
6.
Said signs can only be displayed during the actual hours that the horse and carriage is in operation.
(Ord. 91-04 Exh. D, 1991; Ord. 348 § 1, 1970: Ord. 338 § 9, 1968)
Any lawful sign existing at the time of adoption of the ordinance codified in this article may be continued although such sign does not comply with the provisions of this article, subject to the following conditions and requirements:
A.
No such sign shall be enlarged in area or changed to any other nonconforming sign.
B.
If such sign is removed or destroyed, it may not be replaced except in compliance with all the requirements of this article.
C.
Such nonconforming sign shall either be removed, or shall be altered or relocated so as to comply with all of the provisions of this article, not later than June 1, 1978.
(Ord. 358 § 1, 1973: Ord. 338 § 10, 1968)
Applications for permits by Section 17.68.050 of this article shall be in writing and shall be filed with the planning commission of the city. Applications shall be in such form, and shall contain or be accompanied by such in formation or material as the commission may require.
(Ord. 338 § 11, 1968)
Upon the filing of an application for a permit under the Uniform Building Code pertaining to any matter for which a permit is also required by this article, the building inspector shall immediately give written notice of such filing to the planning commission, and no permit shall be issued by the building inspector unless and until the permit required by this article has been issued.
(Ord. 338 § 12, 1968)
A.
Upon the filing of an application for a permit under this article, the planning commission shall promptly consider the matter at a public meeting, and shall make a decision either granting or denying such a permit. Before making such decision, the commission may consult with the applicant with the view of recommending modification in the proposal set forth in the application, and it may also consult with historians, architects and persons schooled in the fine arts. Consideration of the application may, if necessary, be continued from time to time.
B.
Written notice of the commission's decision shall be mailed to the applicant, and a copy of such notice shall be mailed to the building inspector.
(Ord. 338 § 13, 1968)
A.
Any applicant for a permit hereunder who is dissatisfied with the decision of the planning commission may appeal such decision to the city council by filing with the city clerk a written notice of appeal. Such notice must be filed within fifteen days after the date on which the notice of the decision of the planning commission is mailed to the applicant, and shall set forth the specific ground or grounds of said appeal.
B.
The clerk shall forthwith set the matter for hearing before the council, and shall cause notice thereof to be mailed to the applicant not less than five days before such hearing. The hearing may be contained from time to time, and upon the conclusion thereof, the council shall promptly make a final decision in the matter.
(Ord. 338 § 14, 1968)
All permits under this article shall expire one year after the date they are issued, unless the matter for which the permit is issued is substantially undertaken before such period elapses and is diligently pursuant thereafter.
(Ord. 338 § 15, 1968)
It is unlawful for any person to proceed under any permit in a manner which constitutes a material variance from the terms of the permit or the representations on which it was issued, and in the event of such violation, the permit may be canceled forthwith by action of the city council.
(Ord. 338 § 16, 1968)
The regulations contained in this article are additional to those set forth in this title, as amended, and other ordinances; provided, however, that in the event of any conflict, the provisions of this article shall prevail.
(Ord. 338 § 17, 1968)
Every person violating any of the provisions of this article shall be guilty of an infraction. Every person convicted of a violation of this article shall be punished by a mandatory fine of not less than twenty-five dollars or more than two hundred fifty dollars upon a first conviction, by a mandatory fine of not less than fifty dollars or more than two hundred fifty dollars upon a second or subsequent conviction within twenty-four months, and each such person shall be deemed guilty of a separate offense for each day, or portion thereof, during which any violation of this article is committed or continued.
(Ord. 84-1 § 1, 1984: Ord. 338 § 18, 1968)
The SC scenic corridor combining district classification is intended to be applied to land areas which are adjacent to roads and highways which are indicated on the General Plan with the symbol for scenic corridors, and as may be designated by the city council from time to time. These roadways are generally entryways to Nevada City which were recognized in the General Plan as being particularly important to protect the existing essential character of Nevada City, namely that of a small, compact historical town surrounded by green, wooded hills, by hiding development from view from the highways and preserving the existing tree cover to the greatest extent possible, and assuring visually pleasing corridors through design control.
(Ord. 87-2 § 5.03-01, 1987)
A.
In any district abutting or within three hundred feet of a scenic corridor highway right-of-way and/or as indicated with the "-SC combining district on the Zone District Map, the base zoning district regulations shall apply, except that the site plan, tentative map, or conditional use permit for the development, must be reviewed by the planning commission for compliance with the intent of the scenic corridor General Plan policies and these regulations.
B.
The planning commission may require revision of the proposed site plan, tentative map, building permit site plan, or conditional use permit, or the incorporation of special conditions of approval or design features, prior to approval. In reviewing applications for compliance with this combining district, the planning commission may consider:
1.
The height, bulk, and area of buildings or improvements;
2.
Setbacks from the property lines. The commission may consider increasing the setback requirements of the district, if needed to protect the scenic corridor;
3.
The colors, textures, and materials of the exterior walls and roofs, and the roof pitches;
4.
The parking lot location and distribution and effectiveness of landscaping and natural areas, and the location of any type of any proposed signs;
5.
The relationship to other building or existing or proposed uses in the area;
6.
The extent and visual impact of proposed cuts, fills, and/or retaining walls;
7.
The shape of land forms and existing vegetation.
C.
In approving an application for a land use abutting a scenic corridor, the planning commission must make the following findings:
1.
That the proposed plan, as conditioned, is consistent with the General Plan;
2.
That the proposed plan, as conditioned, contains sufficient design and/or landscaping features to protect and enhance the aesthetics of the scenic corridor;
D.
The clearing of natural vegetation within fifty feet of the right-of-way line of any scenic corridor highway is prohibited, except as approved in conjunction with the review of the development plan, as provided herein.
(Ord. 87-2 § 5.03-02, 1987)
The decision of the planning commission regarding scenic corridor development is final, unless appealed to the city council, in accordance with Chapter 17.88 of this title.
(Ord. 87-2 § 5.03-03, 1987)
The purpose of the PD planned development combining district is to provide for greater flexibility in the design of integrated development in context with the general character of the city which would not be otherwise possible through strict interpretation or application of district regulations. It is the intent of this section to encourage the design of well planned facilities which offer a variety of housing or other land uses through creative and imaginative planning, which may be reviewed under the conditional use permit process. The standards and regulations of this combining district may be utilized in reviewing the proposed development of any property having the "-PD" combining district attached to the base zoning district. When shown on the Zone District Map, the regulations herein are encouraged to be utilized during the development of vacant lands.
(Ord. 87-2 § 5.04-01, 1987)
Any approved development design shall provide high overall performance standards of open space (including preservation of existing trees and vegetation, and the addition of landscaping), circulation, off-street parking and other conditions in such a harmonious, integrated project of sufficient unity and harmony with the historic character of the city to justify exception to the normal regulations of this title.
(Ord. 87-2 § 5.04-02, 1987)
Density standards of the zone district in which the property is located shall apply to residential uses.
(Ord. 87-2 § 5.04-03, 1987)
Accessory uses solely for the convenience of the occupants of the development may be permitted.
(Ord. 87-2 § 5.04-04, 1987)
A.
Applications for a conditional use permit shall be filed with the planning commission and shall be subject to a filing fee in an amount to be determined by resolution of the city council. Said application shall be accompanied by two copies of the proposed development plan, which shall include three dimensional architectural renderings in addition to site development plans.
B.
The planning commission may issue a conditional use permit for the development as submitted or subjected to such modifications or conditions that it deems warranted. The commission may prescribe the time limit within which the development shall take place and may prescribe the sequence of the development.
C.
In any case where a conditional use permit has been granted under this article, a building permit must be obtained therefor and construction started within a two-year period, or within such additional time period as may be granted by the planning commission, upon receipt of a written request for an extension of time prior to the expiration of the two-year period.
(Ord. 87-2 §§ 5.04-05 — 5.04-07, 1987)
A.
The purpose of this article is to regulate the use of land for mobile home parks and to establish standards for the development of such parks in order to protect the health and safety of the community. The provisions of this section shall apply to zoning districts designated with the MH combining district.
B.
The provisions of this section are in addition to those of the California Health and Safety Code, and the regulations promulgated thereunder, pertaining to mobile home parks and except where this section imposes more restrictive requirements, the provisions of the state laws and regulations shall be applicable.
(Ord. 87-2 §§ 5.05-01, 5.05-02, 1987)
A.
Minimum Park Area and Access. A mobilehome park shall have a minimum of five acres, and shall include sufficient frontage on a public street or road to allow safe ingress and egress.
B.
Density and Minimum Lot Size. The maximum density for a mobile home park with a base zoning district of R2 shall be eight units per gross acre, and each mobile home park lot shall contain a minimum of five thousand square feet. In any other base zoning district, the density standards of the base zoning district shall apply. The maximum lot coverage for each mobile home lot shall be sixty percent.
C.
Setbacks.
1.
No mobile home shall be located closer than ten feet to the boundary line on either side of the mobile home lot, or closer than ten feet to the front boundary of said lot, or closer than fifteen feet to the rear boundary line of said lot.
2.
No mobile home shall be located closer than twenty feet to any recreational or commercial building, or laundry or service building.
3.
No mobile home shall be located closer than two hundred feet to the right-of-way of any freeway, or closer than one hundred feet to the right-of-way of any other public street or road.
4.
No parking space shall be closer than five feet to any lot line.
D.
Internal Roadways.
1.
Each mobile home lot shall have direct access to a private roadway within a mobile home park.
2.
All such roadways shall be at least twenty-two feet wide, and shall be paved not less than sixteen feet, and there shall be no parking on either side of the road.
E.
Parking. All parking spaces as required by this section shall measure nine feet in width by eighteen feet in depth and shall be surfaced with PCC or asphaltic concrete with header boards and shall be supported by suitable base materials. Guest parking spaces shall be suitably marked outlining individual parking spaces and traffic flow.
1.
On-site parking spaces for a minimum of two cars shall be provided on each mobile home lot. Said spaces may be in tandem.
2.
No parking shall be allowed in the front setback area.
3.
Off-street parking on the basis of one parking space for each three hundred square feet of gross floor space in the recreational, all-purpose laundry or community building shall be provided. Said spaces shall be adjacent to said facilities or within a one hundred foot radius of the exterior walls of such structure.
4.
Off-street parking for guests shall be on the basis of one parking space for each three mobile home lots. Said parking spaces shall be distributed throughout the park in a reasonable manner.
F.
Walls and Landscaping.
1.
A six-foot wall or screen shall surround the entire perimeter of the mobile home park and shall consist of one or any combination types:
a.
Walls. A wall shall consist of concrete, stone, brick, or tile, or similar type of solid masonry material with a minimum thickness of four inches.
b.
Screens. A wrought iron, open weave or mesh type fence shall be combined with plant materials to form an opaque screen.
c.
Planting. Plant materials, when used as screen, shall consist of compact evergreen plants. Said plant materials shall be of a kind, or used in such a manner, so as to provide opaque screening.
2.
The wall or screen adjacent to any street frontage shall be decorative in nature, of a design approved by the planning commission, and shall be set back a minimum of ten feet from the right-of-way line. The resulting ten-foot area shall be landscaped.
3.
A five-foot wide landscape area shall be provided for inside the six-foot high wall adjacent to the property lines, except street frontage.
4.
Trees no less than eight feet in height shall be planted in landscaped areas adjacent to exterior property lines. The planting scheme shall be approved by the commission.
5.
Interior areas within the boundaries of the mobile home park surrounding the recreation facility and other miscellaneous common areas shall be landscaped.
6.
There shall be at least one street tree provided for each mobile home lot unless there is a tree already on the lot.
7.
All required landscape shall be equipped with automatic sprinkler systems and shall be permanently maintained.
G.
Recreation Facilities.
1.
A minimum of two hundred square feet of area for each mobile home site shall be devoted to recreational uses.
2.
No building within the park shall exceed thirty-five feet in height.
3.
Concrete sidewalks a minimum of four feet wide shall be provided for foot traffic leading to recreational facilities and shall be designed so as to serve each lot.
H.
Storage Yards. Areas designed for storage of travel trailers, campers, boats, etc., shall be provided within the boundary of the mobile home park as per the following standards:
1.
One storage space shall be provided for each three mobile home sites.
2.
Each storage space shall measure ten feet in width by twenty-five feet in depth.
3.
The storage yard shall be paved with asphaltic concrete with suitable base materials.
4.
The storage yard shall be located in an unobtrusive manner within the confines of the park, as approved by the city.
5.
The storage yard shall be surrounded and screened from view by a six-foot-high opaque screen or wall and shall be equipped with a six-foot-high sight-obscuring gate.
I.
Garbage and Trash Receptacles.
1.
On-site garbage cans shall be installed below finish grade.
2.
Central collection areas shall be established for trash and garbage disposal. Each collection area shall be appropriately screened so as to conceal the use.
J.
Clothes Drying Yards. If clothes drying yards are provided, they shall be completely screened from view. Such screening shall be subject to the approval of the planning commission.
K.
Utilities, Antennas and Interior Street Lights. All utility service, cable radio or television antennas or service shall be underground. All interior streets shall be lighted with street electrolier-type light standards according to standards approved for street safety.
L.
Sewers. Each mobile home lot shall be connected to a city sewer or to a system approved by the proper jurisdiction.
M.
Commercial Uses. Commercial uses shall not be permitted in any mobile home park irrespective of the zone in which the park is located, other than those services for the use and convenience of residents of the mobile home park. Additionally, a resident directory, lighted, may be placed inside the park in a position where it is visible from the entry drive.
N.
Street Names and Numbers. All street names and the park numbering system shall be approved by the planning commission.
O.
Miscellaneous Requirements.
1.
Only one mobile home may be placed on a lot.
2.
No equipment shall be permitted above the roof line of any mobile home.
3.
No mobile home shall be hauled to, or stored within a mobile home park unless it is properly erected on a site approved for such use.
4.
Aviaries, poultry, farm animals and horses are prohibited.
5.
No storage under a mobile home is permitted except for operating equipment which is a part of the mobile home.
(Ord. 87-2 § 5.05-03, 1987)
The SP Site Performance Combining District, when attached to the base zoning district, is intended to provide for a greater level of mitigation of land use impacts than is otherwise possible under the broad development standards of the base zone. This combining district is also intended to allow for conditional approval of rezonings and prezonings.
(Ord. 87-2 § 5.07-01, 1987)
Conditions may be attached based on initial environmental review or as suggested by an environmental impact report, specific plan, as defined by state law, with the final conditions being at the discretion of the city council, provided that the council finds that conditions associated with the combining district are necessary and reasonable to protect the public, in consideration of the performance standard contained in this title and of the requirements of the California Environmental Quality Act. When conditions are established by a development agreement, the PA Development Agreement Combining District may be used. Conditions may include a limitation on permitted uses or any other standards deemed appropriate by the city council, based on site-specific conditions.
(Ord. 87-2 § 5.07-02, 1987)
Where the Site Performance combining district is used, the ordinance containing the conditions of prezone or rezoning shall be shown on the Zone District Map for reference.
(Ord. 87-2 § 5.07-03, 1987)
The PA Development Agreement combining district is intended to be attached to base zoning districts which are further restricted or governed by a development agreement between the land owner and the city. This combining district is an administrative district for purposes of indicating on the Zone District Map that such an agreement exists. The city staff is authorized to place this combining district on the Zone District Map, after such an agreement has been executed by the city.
(Ord. 87-2 § 5.08-01, 1987)
The AN Annexation combining district is intended to be attached to the base zoning districts of parcels annexed after April 24, 1985. The district is administrative in nature and the city staff is authorized to attach the combining district to any such annexed lands. The purpose of the combining district is to identify lands which are affected by ordinances requiring payment of development fees or other mitigation measures, so that such fees or conditions may be required at the time of site plan, conditional use permit, or land division approval. Such fees shall be payable prior to the issuance of a building permit or prior to the recording of the final or parcel map, whichever occurs first.
(Ord. 87-2 § 5.09-01, 1987)
The X Excluding Subdivision combining district is intended to prohibit further division of the lands where the combining district is shown on the Zone District Map. The purpose of the district is to provide a method of mitigating the impacts of current projects by allowing the city to permanently freeze parcel sizes. As an example, a planned development project might cluster development or lots on one portion of a large parcel while leaving the remaining area of the parcel as open space. By applying the "-X" combining district to the open space parcel, future additional divisions of the property can be avoided.
(Ord. 87-2 § 5.10-01, 1987)
In order to protect the integrity and intent of the district, no rezoning of property designated with the "-X" combining district shall be made to allow a division of the property until a finding is first made by the planning commission and city council that the rezoning would be in the public's interests.
(Ord. 87-2 § 5.10-02, 1987)
In any zoning district, the minimum lot size provided therein may be increased to an alternative minimum lot size requirement by utilizing the minimum lot area combining district defined herein. All other provisions of the base zoning district, including, but not limited to, land uses, frontages, setbacks, and building heights shall remain in effect. The purpose of this combining district is to provide for greater flexibility in establishing lot development density where necessary. This designation is for the purpose of controlling future subdivision and shall not prohibit lots in existence at the time of this article amendment from reasonable improvement of their property consistent with the site development standards of the base zoning district. When used in conjunction with the PD combining district, the minimum area designation shall establish the density allowed in developing the property so designated.
(Ord. 91-04 Exh. E (part), 1991)
A number following the base district zoning regulation shall specify the minimum lot size in acres, or if enclosed in parenthesis, the minimum lot size in square feet.
(Ord. 91-04 Exh. E (part), 1991)