Except as permitted by other provisions of this title, no lot shall contain any building used in whole or in part for residential purposes, unless such lot abuts for at least seventy-five (75) feet on a street, except that where cul-de-sacs are approved, the minimum frontage of any lot abutting on such cul-de-sac shall be fifty-five (55) feet. Existing lots of record which abut on a street for less than seventy-five (75) feet are exempt from the foregoing requirement.

(Ord. 94-02 Exh. F (part), 1994: Ord. 87-2 § 6.01, 1987)

New lot frontage is generally to be provided on city-owned public streets. The city will consider approving lots with frontage on new or existing private streets using the frontage outlined above, provided that the proposed private street meets the following criteria:

A.

The lot where the private street exists or is proposed has a minimum of one hundred eighty (180) feet on an existing city street.

B.

The private street is or will be located in such a way that it is not immediately adjacent to neighboring properties' side yards.

C.

In considering new private streets, the city reserves the right to require offers of dedication to serve other lands adjoining or beyond the property under consideration for development, and to allow for future city acceptance of such streets.

D.

Minimum lot sizes shall be calculated as the net area of the lot, exclusive of any public street easements or street easements offered for dedication.

E.

Multifamily and nonresidential land use development will be considered with private road frontage on a case-by-case basis.

F.

The city may require that a road maintenance and snow removal agreement be provided wherever new development is served by private streets.

(Ord. 94-02 Exh. F (part), 1994)

A.

Purpose. The City of Nevada City finds and declares that accessory dwelling units are an important form of housing that contributes to the character and diversity of housing opportunities in Nevada City. Accessory dwelling units provide workforce housing, housing for family members, students, elderly, in-home health care providers, the disabled and others, at below market rental rates within existing neighborhoods. It is the intent of Nevada City to encourage accessory dwelling units and, additionally, to impose standards on such units that will enable homeowners to create accessory dwelling units that will be compatible, as much as possible, with their neighborhoods. An additional purpose of this ordinance is to comply with Sections 65852.2 and 65852.22 of the California Government Code relative to accessory dwelling units and junior accessory dwelling units.

B.

Definitions.

(1)

The terms "accessory dwelling unit," "public transit," "passageway, and "tandem parking" all have the same meaning as that state in Government Code section 65852.2 as that section may be amended time to time.

(2)

"Housing Organization" as defined in Section 65589.5, subdivision (k)(2).

(3)

"Junior accessory dwelling unit" shall have same meaning as that stated in Government Code section 65852.22(h)(1) as that section may be amended time to time.

(Ord. No. 2008-13, 12-10-2008; Ord. No. 2020-01, § 1, 1-24-2020)

Editor's note— Ord. No. 2008-13, adopted December 10, 2008, amended Section 17.72.020 in its entirety to read as herein set out. Former § 17.72.020, pertained to second dwelling units—detached units and derived from Ord. 90-1 Exh. E (part), 1990; Ord. 87-2 § 6.02, 1987.

A.

Accessory dwelling units are permitted in all zones within the City where single-family or multi-family residential units are permitted, subject to the owner first obtaining an accessory dwelling unit permit from City staff. Any application for an accessory dwelling unit that meets the unit size standards and development standards contained in Sections 17.72.024 and 17.72.026, or is the type of accessory dwelling unit described in Section 17.72.027, shall be approved ministerially by the city planner by applying the standards herein and without a public hearing.

B.

An application for an accessory dwelling unit shall be made by the owner of the parcel on which the primary unit sits and shall be filed with the city planner on a city-approved application form and subject to the established fee.

(Ord. No. 2008-13, 12-10-2008; Ord. No. 2020-01, § 1, 1-24-2020)

Editor's note— Ord. No. 2008-13, adopted December 10, 2008, amended and renumbered Section 17.72.030 in its entirety to read as herein set out. Former § 17.72.030, pertained to second dwelling units—attached units and derived from Ord. 90-1 Exh. E (part), 1990; Ord. 87-2 § 6.03, 1987.

The maximum floor area of an accessory dwelling unit shall not exceed either:

A.

Eight hundred fifty (850) square feet for an accessory dwelling unit that is a studio or one-bedroom unit; or

B.

One thousand (1000) square feet for an accessory dwelling unit that has two or more bedrooms.

(Ord. No. 2008-13, 12-10-2008; Ord. No. 2020-01, § 1, 1-24-2020)

Editor's note— Ord. No. 2008-13, adopted December 10, 2008, amended and renumbered Section 17.72.032 in its entirety to read as herein set out. Former § 17.72.032, pertained to second dwelling units—splitable lots and derived from Ord. 2003-04 (part), 2003.

Any permit for an accessory dwelling unit shall be subject to the development standards listed below.

A.

Legal lot/residence. An accessory dwelling unit shall only be allowed on a lot within the city that contains a legal, single-family or multi-family residence as an existing or proposed primary unit on a lot.

B.

Number of accessory dwelling units per lot.

1.

For lots with proposed or existing single-family residences, no more than one (1) attached or detached accessory dwelling unit shall be permitted on the lot.

a.

Notwithstanding the above, a lot with a single-family residence may have one (1) junior accessory dwelling unit and (1) detached accessory dwelling unit.

2.

For lots with existing multi-family residential dwellings:

a.

No more than twenty-five percent (25%) of the number of the existing units, but at least one (1) unit, shall be permitted as accessory dwelling units constructed within the non-livable space of the existing building provided that applicable building codes are met; or

b.

Up to two (2) of either of the following types of units: a detached accessory dwelling unit or a new construction attached unit that adds square footage to the footprint of an existing building may be constructed, provided that such unit shall not exceed sixteen (16) feet in height, and must have a minimum of four-foot side and rear yard setbacks. If such a unit complies with standard setbacks of the zoning designation, then a newly constructed unit may be constructed over an existing, permitted garage or carport, not to exceed twenty-five feet (25') in height. The maximum square footage of detached accessory dwelling units on lots with existing multi-family residential dwellings shall comply with the limits set forth in Section 17.72.024.

C.

Building Code Compliance. All new accessory dwelling units must satisfy the requirements contained in the building code and fire code as currently adopted by the city, including applicable energy efficiency standards associated with Title 24 of the California Code of Regulations. However, fire sprinklers shall not be required if they are not required for the primary residence.

D.

Fees and Charges.

1.

City/public utilities.

a.

All accessory dwelling units must be connected to public utilities, including water, electric, and sewer services.

b.

Except as provided in subsection c below, the City may require the installation of a new or separate utility connection between the accessory dwelling unit and the utility. The connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit based on either its square feet or number of drainage fixture unit values.

c.

No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the accessory dwelling unit is being constructed in connection with a new single-family dwelling.

d.

Regardless of where it is located, for the purposes of calculating utility connection fees or capacity charges, accessory dwelling units shall not be considered a new residential use unless the accessory dwelling unit was constructed with a new single-family dwelling.

2.

Impact Fees.

a.

For accessory dwelling units of seven hundred fifty (750) square feet or larger, all impact fees applicable to accessory dwelling unit's construction shall be paid to the city in amounts proportional to the size of the accessory dwelling unit relative to the square footage of the primary dwelling unit.

b.

For accessory dwelling units seven hundred forty-nine (749) square feet or smaller, no impact fees shall be charged, unless otherwise allowed by state law.

c.

For purposes of this subsection, "impact fee" has the same meaning as specified in Government Code section 66000(b) and also includes in-lieu park fees as specified in Government Code section 66477.

3.

Application Fees. Application fees for an accessory dwelling unit shall be paid in an amount specified by resolution of the City Council.

4.

Exception for lower income housing. Newly permitted accessory dwelling units shall not be required to pay application, or sewer and water hookup fees if accompanied by a deed restriction ensuring affordable rent to low or very low income household, as defined in Sections 50105 and 50079.5 of the California Health and Safety Code. Said deed restriction shall be effective for a minimum of 30 years. (2003 Housing Element Policy 2b).

E.

Parking.

1.

The City shall not require the owner to provide more than one additional parking space per accessory dwelling unit or per bedroom, whichever is less. The required parking space may be provided as:

a.

Tandem parking on an existing driveway; or

b.

Within a setback area or as tandem parking in locations determined feasible by the City for such use. Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the City.

2.

No parking shall be required for a studio accessory dwelling unit that does not have a separate bedroom.

3.

Notwithstanding the foregoing, no parking spaces shall be required for accessory dwelling units in the following instances:

a.

It is located within one-half mile walking distance of public transit;

b.

It is located within an architecturally and historically significant district;

c.

It is part of a proposed or existing primary residence or an accessory structure;

d.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

e.

Where there is a car share vehicle located within one block of the accessory dwelling unit.

4.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street parking spaces do not have to be replaced.

F.

Occupancy. Until January 1, 2025, the City shall not impose an owner-occupancy requirement on any newly permitted accessory dwelling unit on a lot with a single family dwelling. After that date this prohibition shall no longer be of force and effect unless otherwise prohibited by state law, and one of the units on the property must be occupied by the property owner. The city shall require the property owner to file a deed restriction outlining the owner-occupancy requirement. The purpose of the deed restriction is to create a perpetual notice to the new purchasers of the requirement to maintain the owner-occupancy requirement. This requirement shall not apply to lots zoned for multifamily residential use.

G.

Prohibition on separate sale of accessory dwelling unit. Accessory dwelling units may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.

H.

Conversion of existing primary unit. An existing primary dwelling may be converted to a dwelling unit if it complies with all applicable requirements of this ordinance. If so, a new, larger primary residence may be constructed.

I.

Design requirements for new units. All new accessory dwelling units must comply with the following design requirements:

1.

The materials, colors, and architecture shall be similar to and compatible with those of the primary unit.

2.

Accessory dwelling units shall not exceed 16-feet in height unless constructed over a garage, in which case the ADU shall not exceed the height of the primary residence or 35-feet.

3.

Accessory dwelling unit entrances shall be oriented to face the street except that if topographic or other site constraints prevent such orientation, the entrance shall be screened from neighboring properties.

4.

Lighting shall not spill on to neighboring lots.

J.

Accessibility standards. New construction of any ground level accessory dwelling unit shall be designed and constructed to allow for disability/accessibility standards. Plans shall demonstrate future entrance capability and actual construction shall include adequate door and hallway widths, maneuvering space in kitchens and bathrooms, and structural reinforcements for grab bars.

K.

No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

L.

For residential development, the garage door shall remain in place and look functional, or the garage door shall be removed. If the door is removed, the project shall include architectural features (including siding, doors, windows, trim and accent details), and landscaping (such as a landscape strip to disconnect the driveway from the building wall) so it is not apparent that the structure was originally a garage.

M.

Any ADU taking advantage of reduced setbacks pursuant to Section 17.72.027 shall not have doors or windows within such setback unless required to meet health and safety requirements.

N.

Limitation on Use as a Hosted Short-term Rental: The following types of accessory dwelling units shall not be permitted to operate as a hosted short-term rental pursuant to Chapter 17.72.080.

1.

Any detached accessory dwelling unit in excess of 800 square feet;

2.

Any attached unit in excess of 640 square feet; or

3.

Any unit permitted under the provisions allowed by Section 17.72.027.

O.

Setback requirements.

1.

No setbacks are required for accessory dwelling units that are created by converting existing living area or existing accessory structures to new accessory dwelling units or constructing new accessory dwelling units in the same location and to the same dimensions as an existing structure.

2.

For all other accessory dwelling units, there must be a minimum of four feet from side and rear lot lines, and comply with all other applicable front yard setbacks.

3.

Any ADU or JADU that does not meet the setback standards of the base zoning designation shall not be permitted to utilize yard exceptions pursuant to Section 17.84.040 or be permitted for any further projections into side or rear yards pursuant to Section 17.84.050

P.

A detached ADU may include an attached unconditioned garage that does not exceed 250 square feet.

(Ord. No. 2008-13, 12-10-2008; Ord. No. 2020-01, § 1, 1-24-2020; Ord. No. 2020-13, § 1, 7-23-2020)

Editor's note— Ord. No. 2008-13, adopted December 10, 2008, amended and renumbered Section 17.72.034 in its entirety to read as herein set out. Former § 17.72.034, pertained to second dwelling units—pre-2003 homes (attached units only) and derived from Ord. 2003-04 (part), 2003.

A.

Accessory dwelling unit permits shall be approved for the following types of accessory dwelling units, regardless of whether the application meets the development standards contained in this Title 17.

1.

For lots with single family dwellings, one of the following:

a.

One interior accessory dwelling unit or one junior accessory dwelling unit per lot constructed within an existing or proposed single-family or accessory structure, including the construction of up to a one hundred fifty (150) square foot expansion beyond the same physical dimensions as the existing accessory dwelling structure to accommodate ingress and egress. The accessory dwelling unit or junior accessory dwelling unit must have exterior access and side and rear setbacks sufficient for fire safety. If the unit is a junior accessory dwelling unit, it must also comply with the requirements of section 17.72.032 below; or

b.

One new, detached accessory dwelling unit with a minimum four-foot side and rear setbacks, up to eight hundred (800) square feet and no more than sixteen (16) feet high on a lot with an existing or proposed single family dwelling. A junior accessory dwelling unit may also be built within the existing or proposed dwelling of such residence in connection with the accessory dwelling unit.

2.

For lots with existing multifamily dwellings:

a.

Accessory dwelling units may be constructed in areas that are not used as livable space within an existing multi-family dwelling structure (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior accessory dwelling units permitted on the lot shall not exceed twenty-five percent (25%) of the current number of units of the multi-family complex on the lot and at least one such unit shall be allowed. Units constructed pursuant to this subsection shall not exceed eight hundred (800) square feet in floor area; and

b.

Up to two (2) of either of the follow types of units: a detached accessory dwelling unit or a new construction attached unit that adds square footage to the footprint of an existing building may be constructed, provided they, do not exceed eight hundred (800) square feet in floor area, are no taller than sixteen (16) feet, and they have at least four (4) feet of side and rear yard setbacks.

B.

Accessory dwelling units approved under this Section 17.72.027 shall not be rented for a term of less than thirty (30) days.

C.

Accessory dwelling units or junior accessory dwelling units approved under this Section 17.72.027 shall not be required to correct legal nonconforming zoning conditions.

(Ord. No. 2020-01, § 1, 1-24-2020; Ord. No. 2020-13, § 2, 7-23-2020)

In adopting these standards, the city recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The city finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to dwelling units, and that the amendment furthers the goals, objectives, and policies of the general plan housing element.

(Ord. No. 2008-13, 12-10-2008; Ord. No. 2020-01, § 1, 1-24-2020)

Editor's note— Ord. No. 2008-13, adopted December 10, 2008, amended and renumbered Section 17.72.036 in its entirety to read as herein set out. Former § 17.72.036, pertained to post-2002 constructed single-family homes in R-1 and R-2 zones (homes constructed after January 1, 2003) and derived from Ord. 2003-04 (part), 2003.

A.

Purposes: This Section provides standards for the establishment of junior accessory dwelling units, an alternative to the standard accessory dwelling unit. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit, will be constructed within the walls of an existing or proposed single family residence and requires owner occupancy in the single family residence where the unit is located.

B.

Size: A junior accessory dwelling unit shall not exceed 500 square feet in size.

C.

Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner-occupancy is not required if the owner is a governmental agency, land trust, or housing organization.

D.

Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel.

E.

Short term rentals: The junior accessory dwelling unit shall not be rented for periods of less than 30 days.

F.

Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall be created within the existing walls of an existing primary dwelling.

G.

Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter, cooking appliances, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

H.

Parking: No additional parking is required beyond that required at the time the existing primary dwelling was constructed.

I.

Fire Protection; Utility Service: For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with a new single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the junior accessory dwelling unit is being constructed in connection with a new single-family dwelling.

J.

Deed Restriction: Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner shall record a deed restriction in a form approved by the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, requires owner-occupancy consistent with subsection (C) above, does not permit short-term rentals, and restricts the size and attributes of the junior dwelling unit to those that conform with this section.

(Ord. No. 2020-01, § 1, 1-24-2020)

A.

Applicants may file an appeal for any staff decision related to an accessory dwelling unit or junior accessory dwelling unit permit consistent with this section.

B.

The appeal shall be made to the planning commission. The planning commission shall review the appeal at a public meeting. The appeal, however, shall be reviewed and either approved or rejected ministerially, in the same manner as described in Section 17.72.022 of this chapter, and not as part of a noticed hearing. The planning commission will not consider such an appeal, unless the appeal contains allegations that the determination to deny or impose conditions exceeded the authority granted to the city planner by this chapter. Said appeal must be filed within fifteen (15) days in accordance with the provisions of Section 17.88.050 of this Municipal Code.

(Ord. No. 2008-13, 12-10-2008; Ord. No. 2020-01, § 1, 1-24-2020)

Editor's note— Ord. No. 2008-13, adopted December 10, 2008, amended and renumbered Section 17.72.036 in its entirety to read as herein set out. Former § 17.72.036, pertained to post-2002 constructed single-family homes in R-1 and R-2 zones (homes constructed after January 1, 2003) and derived from Ord. 2003-04 (part), 2003.

"Guest houses" means living quarters within a detached building located on the same premises with the main building, for use by temporary guests of the occupants of the premises; such quarters may have a bath and toilet facilities, but no kitchen facilities and not be rented or otherwise used as a separate dwelling. Guest houses must be less than three hundred (300) square feet in area. Guest houses are not considered accessory dwelling units or junior accessory dwelling units for the purposes of this Chapter, so no accessory dwelling unit permit is required and they are not subject to the regulations contained in this Chapter.

(Ord. 2003-04 (part, 2003; Ord. No. 2020-01, § 1, 1-24-2020)

Within the city, the single-family residential zone normally permits only one unit on each lot. The city recognizes that there are circumstances where this regulation results in a hardship to the owners of those lots which exceed one hundred fifty-five feet in depth. It is recognized that the location of existing buildings, the lack of sufficient lot area, or the condition of surrounding property sometimes makes it impossible to provide for standard subdivision development. In such case, this title gives discretionary authority to the planning commission to approve a cluster type development subject to certain conditions. This type of development of deep lots is not an automatic right of the property owners, and is allowed only if certain conditions can be met and the city is satisfied that the normal single unit character and density of the neighborhood will not be damaged. These regulations will not permit a motel, tourist court, or similar type of development. The following are minimum standards to qualify for a conditional use permit to develop a cluster type development on a deep lot:

A.

The property is of such size, shape, area, or has existing conditions as would prevent it from being subdivided in a normal manner with new streets and standard size, lots, either individually or in conjunction with neighboring properties;

B.

The property must be over one hundred fifty-five feet in depth;

C.

There must be an open driveway access from the street past the dwelling unit at least ten feet in width where units are erected on one side of the driveway, or twenty feet in width if units are or can be erected on two sides of the driveway;

D.

The total number of dwelling units to be allowed on the entire property is determined by dividing the area of the property by ten thousand square feet. Any dwelling unit or units now existing on the lot must be included in determining how many units can be erected on the lot;

E.

All dwelling units erected on a lot are normally required to be detached single-family dwellings. Dwelling units will not be permitted as duplexes, triplexes, or multifamily apartments, except as provided for under Article IV of Chapter 17.68 of this title, and approved by use permit;

F.

At least two off-street parking spaces must be provided on the property for each dwelling unit. The spaces may be provided as a paved area, carport or garage;

G.

Paved areas should be kept to a minimum in order to provide as much usable open space as possible.

(Ord. 87-2 § 6.04, 1987)

Property in the Residential zones may be used for a home occupation consisting of either an office (including professional offices and studios) or business of a personal service nature, or light craft work, subject to the following conditions:

A.

A conditional use permit shall be required, with the additional finding required that the proposed home occupation will not interfere or alter the residential nature of the existing neighborhood;

B.

Such use must be confined to the residents of the dwelling and shall not exceed two (2) persons engaged therein;

C.

An unlighted sign shall be allowed having an area not to exceed two square feet. Said sign shall be placed flat against the building, and shall be reviewed by the planning commission under the sign review procedure;

D.

The use will not result in a substantial increase in traffic. Traffic related to the operation of the business shall be limited to six vehicle trips per day (three visits), unless the applicant can demonstrate that additional traffic will not have any substantial effect on the neighborhood and surroundings;

E.

The home occupation shall be conducted completely inside enclosed buildings. No building additions or new structures shall be permitted on property containing a home occupation at any time;

F.

No equipment, operation, or process shall be permitted in any home occupation that will result in or create vibrations, glare, fumes, odors, or electrical interference detectable off the premises and no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line wire voltage off the premises. No operation shall be permitted that will increase the use or storage of toxic, flammable or hazardous substances beyond the amounts normally associated with average household use;

G.

No equipment, operation or process shall be permitted that results in any substantial increase in ambient (average, existing) noise levels of the area, or which would exceed the provisions of the noise ordinance, whichever level is lower;

H.

Any home occupation approved under the provisions of this section shall run with the applicant, rather than the land. Any sale or change in tenants at the residence shall require that the permit be reapproved by the new applicant prior to any continuation of the use;

I.

Any home occupation approved under the provisions of this section shall become null and void if discontinued for one hundred twenty days or more, requiring a new use permit approval before the use can be continued.

(Ord. 88-5 (part), 1988: Ord. 87-2 § 6.05, 1987)

In the case of a home business that meets the criteria below, the city may issue administrative approval in the form of a business license, after receipt of a signed statement from the applicant certifying that the following conditions will be met:

A.

Such use will be confined to one resident of the dwelling;

B.

No signs will be used to identify the business;

C.

The use will not involve any increase in traffic. Any business-related trips to and from the home shall not exceed two vehicle trips per day (one visit);

D.

The use will not involve a shop or manufacturing use, and will not involve the use of any special equipment that is noticeable at the property lines. The use will not result in any noise increase over ambient (average, existing) noise levels at the property lines;

E.

The issuance of a business license will run with the applicant, not the property, and is not transferable;

F.

Upon receipt of a written complaint from any interested person, the city may review the home business for compliance with the terms and intent of this section. The city reserves the right to revoke the business license issued under the terms of this section, if a violation is identified;

G.

A fee shall be required for the initial review and issuance of an administrative home occupation permit equal to half the prevailing business license rate.

H.

The home occupation shall be conducted completely inside enclosed buildings. No building additions or new structures shall be permitted on a property containing an administrative home occupation, at any time.

(Ord. 88-5 (part), 1988: Ord. 87-2 § 6.06, 1987; Ord. No. 2016-03, § I, 7-6-2016)

Editor's note— Section 17.72.070 pertaining to bed and breakfast guest facilities as adopted by Ordinance 87-02 was repealed at the general municipal election in November of 1994 by approval of voter initiative Measure G.

A.

Definitions. The following terms shall have the following definitions in this section.

1.

"Manager" shall mean the Owner or an agent of the Owner responsible for managing the Hosted short-term rental of a Unit(s) under this section.

2.

"Property" shall mean a single-family residential.

3.

"Owner" shall mean the record owner of the Property.

4.

"Hosted short-term rental" shall mean the rental of all or a portion of a Unit for less than thirty (30) days.

5.

"Unit" shall mean a room or dwelling unit on a Property used for sleeping or living quarters, including a guest house located on the Property.

B.

Hosted short-term rentals. Notwithstanding anything to the contrary in this code, including Sections 17.72.038 and 17.72.120, the Hosted short-term rental of Units within a Property by the Owner is permitted within all residential zones and uses subject to the following terms and conditions:

1.

The Owner shall register the Property annually with the City prior to offering any Unit for Hosted short-term rental. The Owner and Manager shall affirm in such registration that he, she or it shall comply with all requirements of this Section. The City may adopt and modify procedures for the registration of Properties consistent with the requirements of this Section. However, the issuance of a registration shall be processed ministerially upon the filing of a full and complete application by the Owner.

2.

No more than two (2) Units within a Property may be rented or offered for rent at the same time.

3.

The Owner or Manager shall reside at the Property or in Nevada Cowity [County] to ensure adequate and timely response to any police, code enforcement or other City action related to the Property. The Owner or Manager shall provide emergency contact information to the City with its annual registration.

4.

Units shall comply with all applicable building and similar codes, including providing all required sanitation facilities.

5.

No more than one (1) vehicle per Unit shall be allowed during each Hosted short-term rental.

6.

The Owner or Manager shall comply with the requirements of Chapter 3.24 of this Code, including paying all applicable transient occupancy tax.

7.

This Section does not and is not intended to permit an Owner to use his or her Property solely for Hosted short-term rentals.

8.

The Owner and Manager shall comply with all applicable provisions of this Code and other applicable law. This Section does not authorize any activity otherwise prohibited by applicable law. Without limiting the foregoing, commercial meetings such as luncheons, parties, weddings, charitable fundraising, or other gathering for direct or indirect compensation are not allowed. In addition to any other applicable remedies, any violation of this section shall constitute a public nuisance.

9.

Owner or Manager, prior to the initial hosted short-term rental, will distribute a courtesy neighborhood notice of their intent to provide hosted short-term rental(s) and how short-term renters will be accessing the residence.

10.

Conduct Guidelines set forth by the City of Nevada City shall be presented to hosted short-term renters prior to or upon their occupancy of the unit.

(Ord. No. 2015-12, § I, 12-9-2015)

Editor's note— Section 17.72.080 pertaining to short term rentals as adopted by Ordinance 94-04 was repealed at the general municipal election in November of 1994 by approval of voter initiative Measure F. This new section 17.72.080 reflects adoption without change of a new Initiative measure presented with certification to the City Council on November 18, 2015, pursuant to California Elections Code § 9215.

A.

Small Family Day Care Homes—One (1) to Six (6) Children. Small family day care homes shall be considered a residential use of property and shall be a permitted use in all zones in which residential uses are permitted.

B.

Large Family Day Care Homes—Seven (7) to Twelve (12) Children.

1.

A large family day care home shall be considered a residential use of property and shall be a permitted use in all zones in which residential uses are permitted, subject to first obtaining a permit to operate. The application fee for such permit shall be identical to that set by resolution for environmental review.

2.

a.

The city planner shall review and decide the permit to operate applications. The permit shall be granted if the large family day care home complies with local ordinances, if any, prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to such homes, and complies with applicable regulations adopted by the State Fire Marshal. Operations shall be consistent with Nevada City's noise ordinances implementing the noise element of the general plan and shall take into consideration the noise levels generated by children and the potential impact on adjoining residents.

b.

Not less than ten (10) days prior to the date on which the decision will be made on the application, the city planner shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a one hundred (100) foot radius of the exterior boundaries of the proposed large family day care home. No hearing on the application for a permit issued pursuant to this section shall be held before a decision is made unless a hearing is requested by the applicant or other affected person. The applicant or other affected person may appeal the decision to the planning commission. The appellant shall pay the cost, if any, of the appeal.

c.

Use of a single-family dwelling for the purposes of a large family day care home shall not constitute a change of occupancy for purposes of local city and county building and fire codes.

d.

Large family day care homes shall be considered as single-family residences for the purposes of the State Uniform Building Standards Code and city and county building and fire codes, except with respect to any additional standards specifically designed to promote the fire and life safety of the children in these homes adopted by the State Fire Marshal.

(Ord. 94-01 Exh. D, 1994)