The purpose of this chapter is to restrict and regulate the location and design of formula business establishments to maintain the unique and historic character of Nevada City, the diversity and distinctiveness of its commercial areas, and the small town quality of life for its residents and visitors while preserving and protecting the economic vitality of local businesses.

(Ord. No. 2016-01, § I, 2-10-2016)

The regulations in this chapter apply City-wide to any proposed commercial development meeting the definition of a Formula Business that is not expressly conditionally permitted with a use permit by this chapter.

(Ord. No. 2016-01, § I, 2-10-2016)

For the purpose of this chapter, certain terms and words are defined as set out in this chapter:

"Formula Business" shall mean a commercial business or use which, by ownership, franchise, contractual or other arrangement, established or recognized business practice, or membership affiliation, that maintains, as part of a group of ten or more similar businesses located outside Nevada City, any of the following:

1.

Business name common to similar businesses located elsewhere;

2.

Appearance, business presentation or other similar features, which make the business substantially similar to other businesses located elsewhere;

3.

Use of a trademark or logo common to similar businesses located elsewhere (not including logos or trademarks used to indicate participation in a buying group or cooperative of smaller independent businesses to obtain volume pricing, including but not limited to, National Automotive Parts Association (NAPA) or Independent Grocers Alliance (IGA), or to reflect mention by rating organization, including, but not limited to, AAA, Mobile, Michelin or internet sites like Trip Advisor);

4.

Standardized services or uniforms common to similar businesses, chains or franchises located elsewhere;

5.

Interior décor common to similar businesses located elsewhere; or

6.

Architecture, exterior design, interior décor or signs common to similar businesses located elsewhere.

"Restaurant" that can be determined to be a Formula Business means an eating establishment devoted to the preparation and offering of food and beverages for sale to the public for consumption either on or off the premises, including cafes, coffee houses, and fast food and drive-through establishments.

"Retail Commercial Establishments" that can be determined to be a Formula Business means all businesses selling goods or merchandise of any kind to the public at retail, including discount and factory stores.

"Service Businesses" that can be determined to be a Formula Business means businesses that only provide services for a fee rather than goods. Businesses selling goods from a showroom in addition to providing services shall be considered "Retail Commercial Establishments".

(Ord. No. 2016-01, § I, 2-10-2016)

A.

Prohibited: Notwithstanding other provisions of Title 17 Zoning, all Restaurants and Retail Commercial Establishments determined to be Formula Businesses are prohibited in all zones in Nevada City.

B.

Restricted: Where specified as a permitted use in the zone where they are proposed to be located and determined to be necessary to the economic vitality of the city, Service Businesses and Formula Businesses that are normally conducted as a branch or as part of a chain or franchise meeting the definition of a Formula Business rather than an individual business, may be permitted as conditional uses with a use permit upon making the required additional special findings required in subsection C. Such conditional uses include, but are not limited to:

1.

Banks and financial institutions;

2.

Automobile service or fueling stations, garages, tire repair shops and auto supply stores;

3.

Health and fitness clubs; and

4.

Boutique hotels or motels, with locally unique names and identities.

C.

Required findings for approval of use permits: In order to approve or conditionally approve any application for a use permit for a Formula Business allowed herein as a conditional use, the following special findings must be made:

1.

That the proposed use is necessary to preserve Nevada City's economic vitality and will not create an undue concentration of such Formula Businesses in the area.

2.

That the proposed use will contribute to an appropriate balance of business sizes and presents a scale and design in harmony with the historic, small town character of Nevada City;

3.

That the proposed development is consistent with and will enhance Nevada City's history of independent, unique, and single location businesses, thus contributing to the uniqueness of the town;

4.

That the proposed development does not detract from, but complements and enhances the architectural integrity and eclectic combination of architectural styles of Nevada City evoking the Mother Lode era; and

5.

That the sign for the proposed use does not include any trademark or logo identifying it as a Formula Business.

D.

This section is in addition to other regulations set forth elsewhere in this title. In the event of a conflict between the provisions of this section and any other regulations in this title, the provisions of this section shall prevail.

E.

Businesses and uses lawfully commenced prior to the effective date of the ordinance adopting this chapter shall be allowed to continue as nonconforming uses subject to Chapter 17.76.

(Ord. No. 2016-01, § I, 2-10-2016)