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)