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Nevada City City Zoning Code

17.70.030

Definitions.

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)