A.

An accessory building may be erected detached from the principal building or, except when a stable, may be erected as integral part of the principal building, or it may be connected therewith by a breezeway or similar structure.

B.

An accessory building attached to the main building shall be made structurally a part of the main building, as defined by the Uniform Building Code. All accessory buildings shall comply in all respects with the requirements of this title applicable to the main building. A detached accessory building in a residential zone which does not honor the principal buildings setbacks shall be:

1.

Less than or equal to one hundred sixty square feet in area;

2.

Located on the rear half of the lot;

3.

Located at least ten (10) feet from any dwelling existing or under construction on the same lot or any adjacent lot.

4.

Shall not be located within five feet of any rear lot line or side line of the rear half of any adjacent lot or within five feet of the side line of the front half of any adjacent lot; and, in the case of a corner lot, shall not project beyond the front line required or existing on the adjacent lot. In no case shall such accessory building be less than five feet from any property line;

5.

Shall not exceed thirty percent of the area of the required rear yard. Garden shelters, storage shelters and covered patios shall be permitted as an accessory building provided that these uses are not equipped for use as living quarters.

(Ord. 90-1 Exh. C (part), 1990: Ord. 87-2 § 11.50, 1987)

The installation of satellite dishes or antennas is subject to architectural review as with any structure. The placement of satellite dishes is encouraged to be limited to rear yard areas or such other portion of the lot that is not generally visible from public streets or joining front yard areas. Whenever front yard or other visible placement is technically required to receive satellite signals, the installation shall be screened in a manner approved during architectural review. Architectural view may require painting of the installation to aid in screening or reduction of contrast to the surroundings.

(Ord. 87-2 § 11.60, 1987)

A.

Off-street parking facilities for the parking of motor vehicles shall be provided, in the amounts and in accordance with the standards herein set forth, in connection with all building hereafter erected, or hereafter increased in capacity as to floor area or other units of use, or hereafter changed from one use to another use requiring an increased amount of off-street parking.

B.

The provisions of this section and Section 17.80.040 shall not apply to the MH mobilehome combining district, which is governed by Article V of Chapter 17.68 of this title.

C.

For the purposes of this section and Section 17.80.040, lots or parcels shall be considered as contiguous even if separated by streets or alleys.

D.

No existing off-street parking shall be eliminated or reduced to an amount less than that required by subsection G of this section.

E.

Required parking must be available to customers at all times, and shall not be rented or leased to other uses.

F.

Parking requirements shall be reviewed on a case-by-case basis, for each use, with the final parking standards to be determined based on the unique circumstances surrounding the use in question, and that each occupancy must address its own off-street parking requirements independently of other surrounding uses.

G.

Amounts of Parking Required. The amount of off-street parking required for the various uses shall be as follows:

1.

Single-family Dwellings and Multiple-family Dwellings, including a Residence as a Part of a Bed and Breakfast Inn or Other Use. Two spaces for each dwelling unit. For dwelling units permitted under the residential base zoning districts, two spaces for each dwelling unit, in addition to the spaces required for the nonresidential use or uses contained in the building. Upon approval by the planning commission or city council, residential parking space requirements may be reduced where a finding is made that the nature of the dwelling unit(s) is not likely to require two spaces per unit. Examples of likely candidates for such consideration would be in the case of senior citizen housing or for studio apartments.

2.

Churches and Other Places for Worship, Mortuaries and Funeral Homes. One parking space for each five seats in the main chapel or assembly room.

3.

Convalescent and Nursing Homes, Homes for the Aged, Hospitals and Sanitariums. One parking space for each four beds.

4.

Manufacturing, Research and Development, Light Assembly, Warehouses and General Storage. Eight spaces for the first one thousand square feet of floor area plus one space per two hundred fifty square feet thereafter of floor area for enclosed work area, plus one parking space for each two thousand square feet or fraction thereof of bay, storage, or warehouse floor area plus one space for each five thousand square feet of outside storage area, or 0.85 space for each employee on duty at the same hours, whichever will provide the greater amount of parking space.

5.

Hotels. One parking space for each guest room, plus two spaces for permanent manager's quarters.

6.

Motels, Auto Courts, Motor Lodges, and Tourist Courts. One parking space for each guest room plus two spaces for permanent manager's quarters.

7.

Retail Stores, Supermarkets, Shopping Centers, Banks, Business and Professional Offices. Eight spaces for the first one thousand square feet of gross floor area, plus one parking space for each two hundred fifty square feet of gross floor area thereafter.

8.

Child Care Facilities. One space per employee plus one space for each twelve children, in addition to a safe drop-off and pick-up loading area.

9.

Theaters, Performing Arts Centers, Convention Centers, and Lodge Halls. One parking space for each three fixed seats or maximum audience or gathering.

10.

Employee Housing: Two spaces for Small Employee Housing unit; One space for every three authorized beds for Large Employee Housing Units

11.

Other Uses. For any use not listed herein, the number of parking spaces shall be determined by the planning commission or city council upon the basis of comparable use for which parking requirements are specified herein, or information presented by the applicant.

12.

Nothing in this section shall prohibit the planning commission or city council from requiring more parking than is otherwise required for uses listed above, when a finding is made that such additional parking is likely to be needed.

13.

Any change in use of an existing building may require reevaluation of the parking requirements.

B.

Off-Site Facilities. Where off-street parking spaces cannot reasonably be provided on the same lot or parcel as the principal use, the planning commission may permit such spaces to be located on other off-street premises, provided such spaces are within five hundred feet of the principal use measured along the lines of public access.

(Ord. 87-2 § 12.10-01 (part), 1987; Ord. No. 2023-07, § 10, 8-9-2023)

All off-street parking facilities shall comply with the following standards:

A.

The parking spaces, maneuvering areas, driveways, and pedestrian walkways shall be designed and constructed to such size, shape and circulation pattern as will afford a reasonable parking area, with reasonable and safe access thereto, for the number of vehicles required to be accommodated.

1.

Parking spaces may consist of up to forty percent compact spaces.

2.

Full size perpendicular spaces shall be nine feet by eighteen feet, and compact spaces shall be eight feet by fourteen feet.

3.

Aisles and driveway throats shall be a minimum of twenty-four feet wide.

4.

Parallel spaces shall be nine feet by twenty-two feet.

5.

Diagonal space lots shall be reviewed on a case-by-case basis.

6.

Parking spaces for the disabled shall be provided in proximity to the building entrance.

7.

Appropriate areas shall be provided for loading zones or other oversize vehicles.

B.

All parking spaces, maneuvering areas and driveways shall be paved, except where it can be demonstrated that a portion of the parking is being provided in excess of the above standards to provide space for occasional overrun parking at peak use periods.

C.

All parking areas shall be constructed so as to provide adequate drainage.

D.

Bumper guards or wheel stops shall be provided, where necessary, and, except for single-family dwelling uses, the individual parking spaces shall be plainly marked.

E.

Compact spaces shall be clearly indicated by paint markings.

F.

Where lighting is provided, the light shall be so shielded or directed that the illumination will be confined to the parking facilities.

G.

As to any parking facility containing more than eight parking spaces and which abuts upon any residential zone, the planning commission may require that such facility shall be screened from such adjacent zone by a hedge, fence or wall in order to mitigate any adverse effects of the parking facility on the adjacent property, in accordance with the standards contained in this title.

H.

As a protection to pedestrians, whenever a parking facility is constructed on any parcel or lot which is devoted to any use other than a single-family dwelling use, the planning commission may, in the interest of public safety, require a sidewalk, together with curb and gutter, or alternative pedestrian or bicycle path, to be constructed adjacent to all public streets or highways on which the premises abut, and this requirement shall apply whether or not the parking facility is adjacent to the sidewalk. Such sidewalk, curb and gutter, or path shall be of such reasonable size, design and construction as the planning commission shall determine.

I.

The design and construction of off-street parking facilities shall also be subject to the provisions of the landscaping standards contained in this chapter.

(Ord. 87-2 § 12.10-01 (part), 1987)

Preliminary and final landscaping plans shall be required for the following types of projects:

A.

All projects that are required to undergo environmental review, with the exception of variances for expansion or alterations to single-family residences, shall require the submittal, review, and city approval of a preliminary and final landscaping plan. The applicant may submit the final landscaping plan in place of a preliminary plan.

B.

A preliminary landscaping plan shall be submitted along with the project application. The preliminary landscaping plan shall show the location and dimensions of proposed planter areas, proposed fences, and the general types of plant materials proposed to be included in the landscaping plan. The preliminary landscaping plan may be prepared by the applicant.

C.

A final landscaping plan shall meet with the approval of the planning commission or city council prior to the issuance of a building permit (or certificate of occupancy for existing buildings) unless waived. The final landscaping plan shall be prepared by a licensed landscape architect or licensed landscape contractor. The planning commission or city council shall evaluate the plan based on the plan layout, plant materials, and plant distribution. Modifications to the plan may be required.

D.

Prior to the issuance of a certificate of occupancy, the applicant of any land use project requiring a landscaping plan shall submit a letter from a licensed landscape architect or licensed landscape contractor, certifying that the landscaping and irrigation system has been installed in accordance with the approved plan.

(Ord. 92-08 (part), 1992: Ord. 87-2 § 12.11-01, 1987)

A.

Perimeter Planting Strips. Except in the LI light industrial zone and EC employment center zone, which are governed by Chapters 17.44 and 17.48 of this title, and except in that portion of the general business zone lying within the historical district, as defined in Article II of Chapter 17.68 of this title, for all uses other than single-family dwellings, all off-street parking facilities abutting upon a public street, highway or sidewalk, excepting those portions comprising driveways or pedestrian walkways, shall be bounded on the street or highway side or sides by a planting strip with a minimum width of four (4) feet of ground area.

B.

Additional Landscaping. Except in that portion of the general business zone lying within the historical district, as defined in Article II of Chapter 17.68 of this title, for all uses requiring a parking area or lot of more than eight (8) spaces, additional landscaping shall be provided as follows: A ground area or areas equal to at least thirty (30) square feet per parking space shall be landscaped. Such area or areas shall be in addition to any perimeter planting strip required by this section, and shall be dispersed throughout the parking area or lot, or otherwise located, in such manner as will enhance the general appearance of the entire premises to be served by the parking facility.

(Ord. 92-08 (part), 1992: Ord. 87-2 § 12.11-02, 1987)

A.

All landscaping areas shall contain a minimum of the following plant materials for each one thousand (1,000) square feet of landscaped area:

1.

Five (5) canopy trees having a caliper diameter of between one (1) inch and one and one-half (1 1/2) inches, or, if multiple-stemmed, having a minimum height of six (6) feet;

2.

Three (3) understory trees having a minimum height of four (4) feet or five (5) feet high for evergreen trees;

3.

Ten (10) shrubs of one (1) gallon size;

4.

Thirty (30) groundcover shrubs.

B.

All landscaping shall be installed with an automatic sprinkler system. Sprinkler systems shall remain sensitive to the drought resistance of any natural vegetation included in the landscaping. All landscaping and the related irrigation systems shall be maintained in a healthy condition and in good repair at all times, as a condition of occupancy.

C.

Natural vegetation is encouraged to be preserved and incorporated into the landscaping plan. Natural vegetation shall be counted toward the above planting requirements. Irrigation systems shall consider the drought resistance of natural vegetation.

D.

The landscape plan shall minimize the use of turf, grasses, and other ground covers which are not drought-resistant. No more than twenty-five (25) percent of the entire landscaped area may be covered with turf, grasses or other ground covers which are not drought-resistant. At least one-half (1/2) of the shrubs and trees planted as part of the landscape plan shall be native species or plants that are drought-resistant. Wherever possible, the irrigation plan shall specify the use of drip irrigation.

(Ord. 92-08 (part), 1992: Ord. 87-2 § 12.11-03, 1987)

Transitional Zone. In each case where a development is proposed for property which is contiguous to land that (1) is zoned single-family or (2) shown on the General Plan as single-family residential, such development shall take place in accordance with the following standards. This section shall be inapplicable to the GE-HD, general business historical district, where small lot sizes make compliance with these standards impractical. In the case of new development in the GB-HD district, transitional yards shall be reviewed on a case-by-case basis at the time of site plan approval, with the goal of minimizing impact on surrounding residential uses.

A.

The minimum building setbacks from transitional use lot lines (where residential and nonresidential lots meet) shall be either twenty-five feet or one foot for each foot of nonresidential building height, whichever is greater.

B.

A fence meeting the design standards of the planning commission may be required to be erected.

C.

Off-street parking shall be designed to avoid being immediately adjacent to residentially zoned property, if possible.

D.

Landscaping is to be done along all transitional lot lines as approved by the planning commission. The depth of such buffer landscaping shall be sufficient to protect the health, safety and welfare of the neighborhood.

E.

Unless an alternative plan is approved by the planning commission, landscaped bufferyard areas shall include the plants specified in Section 17.80.070 of this chapter for each one thousand square feet of buffer yard area.

F.

Where the planning commission can find under the variance procedures provided in Chapter 17.88 of this title, that such a bufferyard would deny the owner a reasonable use of the property, a variance to these requirements may be granted, on the condition that the applicant obtain approval of an alternative bufferyard plan prepared by a licensed landscape architect. Such alternative plan may incorporate fences, berms, alternative planting schemes, and/or other alternative buffering methods.

(Ord. 87-2 § 12.11-04, 1987)

A.

The cutting or removal of any tree ten (10) inches or more in diameter (dbh) within the city is prohibited except after receiving a permit. For trees ten (10) inches (dbh) or more, the applicant shall file a form at City Hall demonstrating that the tree removal, including all other trees ten (10) inches or more (dbh) removed during the prior five (5) years, would be less than twenty (20) percent of the total trees ten (10) inches or more (dbh) on the property during the previous five (5) years. A permit shall be issued by the city staff. All tree removal over twenty (20) percent of trees ten (10) inches or more (dbh) within the prior five (5) year period shall be referred to the planning commission for a case-by-case review. In approving the removal of more than twenty (20) percent of such trees on a lot or parcel, the planning commission shall make a finding that the removal is necessary to allow for a reasonable use of the property and/or that the applicant is mitigating the tree removal by other actions.

B.

Even if there has been the removal of more than twenty (20) percent of the total trees ten (10) inches or more (dbh) on the property within the past five (5) years, a tree that is ten (10) inches (dbh) or greater may be removed to protect the public's health, safety, or welfare, and such removal may be approved by the city staff. Whenever a staff determination is made under this subsection, the staff person approving the removal shall provide a brief letter or report to the planning commission outlining the circumstances requiring the removal.

C.

Nothing in this section shall waive the possible additional prevailing requirements of the California Department of Forestry. Any beetle kill diseased tree shall be immediately removed and destroyed.

(Ord. 97-01 § 6, 1997: Ord. 87-2 § 12.12, 1987)

A.

In addition to the requirements of the California Building Codes and amendments thereto adopted by the city requiring that a grading plan be approved by the building department in certain circumstances, the city engineer shall also have authority to approve grading plans.

B.

All grading activity shall be limited to the dry season of the year, between May 1st and October 15th, unless the property owner receives written permission from the city to conduct grading activity outside of those dates, based on dry weather conditions.

C.

During the wet season, between October 16th and April 30th, or as amended by the city, all properties shall have temporary or permanent erosion control measures in place, as necessary to prevent soil erosion from the site. Erosion control shall include any and/or all effective methods generally accepted as normal practice, such as fertilization and seeding, straw mulch, jute netting, earthen berms, straw barricades, plastic sheeting, holding basins and flow dissipators.

D.

The city has the authority to review all temporary and permanent erosion control measures, and may require additional measures.

(Ord. 87-2 § 12.13, 1987; Ord. No. 2008-09, § 4, 8-27-2008; Ord. No. 2014-01, § 2, 3-26-2014)

A.

No development of any type, including any dwelling, accessory building, roadway, or parking area, is permitted on any land where the cross slope exceeds thirty percent, unless a variance is approved under the provisions of Chapter 17.88 of this title. Any such grant of variance may require such approval conditions as the planning commission deems necessary, including but not limited to, the preparation of a geotechnical (soils) report, engineering grading plan, and/or construction under the supervision of a civil or soils engineer.

(Ord. 87-2 § 12.14, 1987)

Building closer than one hundred feet from a perennial (runs year round) stream or closer than twenty-five feet from a seasonal swale centerline shall be prohibited, unless a variance is granted under the provisions of Chapter 17.88 of this title. In cases where lot coverage is closer than one hundred feet to a stream or watercourse, a certified statement from a registered engineer or sanitarian attesting that such coverage or use will not pollute the stream or watercourse and that there will not be a hazard to the buildings or improvements due to flooding, may be a condition necessary for permit issuance. Nothing in this title shall waive additional requirements that might be imposed by the California Department of Fish and Game.

(Ord. 87-2 § 12.15, 1987)

Lot or ground coverage shall not exceed the following standards:

(Ord. 87-2 § 12.16, 1987)

Notice is hereby given that the city has adopted a noise ordinance regulating noise levels, Chapter 8.20 of this code, which is incorporated into this title by reference.

(Ord. 87-2 § 12.17, 1987)

A.

Vision Clearance. On any corner lot in which a front yard is required by this title, no wall, fence, or other structure over three feet, six inches in height shall be erected and no vegetation shall be maintained in such location as to cause danger to traffic by obstructing the view.

B.

All fences over three feet, six inches in height shall conform to the minimum setback requirements applicable to the construction of dwellings or other structures on sides adjacent to streets.

C.

No fence shall be constructed over six feet in height.

(Ord. 87-2 § 12.20(a, b), 1987)

Any swimming pool or the entire property on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties; and where located less than thirty feet from any property line shall be screened by a fence or wall not less than six feet in height on the side having such property line, and the fence surrounding these pools shall be equipped with a self-closing and latching gate. The latch is to be at least four feet above ground level.

(Ord. 87-2 § 12.20(e), 1987)

A temporary tract office in any district shall be located on the property to which it is appurtenant. A conditional use permit may be granted which shall be limited to a six-month period at the expiration of which time the applicant may request a further extension of time. Otherwise, within thirty days of expiration of the permit, the tract office shall be removed at the expense of the owner. A tract sign, advertising the sale, rental or lease of the premises on which it is maintained, may be located on each major or secondary thoroughfare surrounding the tract for directional purposes, provided that the total number of such signs for any tract shall not exceed four. Such signs shall not be placed in a right-of-way or areas prohibited by other applicable law.

(Ord. 87-2 § 12.20(e), 1987)

No exterior surface of any building or structure in any zone shall be painted in any color or with graphic design whereby such color or super-graphic shall constitute a message, code, or signal. Legal signs are excepted here from. The planning commission may grant an exception from this wording 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.

(Ord. 87-2 § 12.20(c), 1987; Ord. No. 2021-05, § 3, 5-26-2021)

A.

Signs are permitted in all nonresidential districts except in the historical district and office and professional zone, which pertain only to a permitted use of the premises and are either integral with, or attached flat against the building, except for businesses facing Argall Way and Searls Avenue, which may use roof-mounted signs only if a building sign is not reasonably visible.

B.

No sign shall project above the eave or parapet line of the building.

C.

The area of an irregular sign shall be the area of the smallest rectangle which can wholly contain the sign.

D.

Where the building is set back from the street to such an 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 city planner shall approve.

E.

The aggregate sign area cannot exceed four (4) square feet of sign area per ten (10) lineal feet of lot frontage, although a minimum sign area of twenty-four (24) square feet per business entity will be allowed.

F.

Moving signs and flashing lights are prohibited.

G.

Signs shall be lighted only at such times as the premises are open for business, and after business hours, all illumination shall be indirect.

H.

Signs in the historical district and office and professional zone are governed by the provisions of Article II of Chapter 17.68 of this title.

I.

Internally illuminated signs and digital or electronic signs of all types are prohibited.

(Ord. 97-01 §§ 1—3, 1997; Ord. 88-9 § 1, 1988: Ord. 87-2 § 12.30, 1987; Ord. No. 2023-08, § 2, 12-14-2023)

Political election signs within the city limits of Nevada City, but outside the historical district may be erected but only if they are in conformance with the following:

1.

No single sign shall exceed twelve (12) square feet in size. If the sign is two-sided, the area of both sides shall be counted toward the maximum size.

2.

The area of an irregular sign shall be the area of the smallest rectangle which can wholly contain the sign.

3.

No sign shall contain any flashing, blinking or moving letters, characters or other elements, and the sign itself shall not move.

4.

No sign shall contain any outline tubing.

(Ord. No. 2007-04, § I, 9-12-2007; Ord. No. 2013-03, § I, 5-3-2013)

Any political sign erected outside the city's historical district which is in violation of Section 17.80.195 is expressly declared a nuisance.

All political election signs must be completely removed no later than six (6) days following the day of the election to which it relates. Any election sign not removed within six (6) days shall be considered abandoned and may be removed by the public works department. Failure to remove any election sign within six (6) days is a violation of this ordinance by a person, firm or corporation erecting or responsible for erecting the political sign and subject to the penalties set forth in Section 17.80.197. The council, by resolution, shall adopt a fee representing the cost of removal.

(Ord. No. 2007-04, § I, 9-12-2007; Ord. No. 2013-03, §§ I, II, 5-3-2013)

Any person, firm or corporation violating any of the provisions of this article shall be guilty of an infraction, and, upon conviction thereof, shall be punishable by the maximum penalty established by state law, with the current penalty being a fine not exceeding one hundred dollars for the first conviction, a fine not exceeding two hundred dollars ($200.00) for each additional conviction within one (1) year.

Each day, or portion thereof, during which any violation is committed, continued or permitted shall be punishable as a separate infraction,

(Ord. No. 2007-04, § I, 9-12-2007; Ord. No. 2013-03, § I, 5-3-2013)

The minimum lot size area set forth in this title is intended to be an absolute minimum lot size and an applicant shall be eligible for that minimum lot size only if it can be demonstrated that the minimum lot size does not create any substantial impact on the public health, safety and general welfare, after consideration of the criteria outlined in this section. If an applicant is unable to so demonstrate, then the city shall require a larger lot area if that will reduce the impacts on the city or the neighborhood based on the specific project circumstances. Further, the city may require larger frontage or impose other standards as necessary to protect the neighborhood and the city's public health, safety and general welfare. In enacting this section, the city finds that such discretionary power is essential to implement the overall goals and objectives and policies of the General Plan. The decision on whether to allow the applicant to subdivide lots so as to take advantage of the minimum standards set forth in this title may be based on, but not limited to, the following considerations:

A.

The slope, terrain, soil conditions, drainages, wetlands or land forms of the land proposed to be subdivided, and the likelihood of future grading during lot development;

B.

The existing tree coverage, and the estimated overall tree removal and distribution at the buildout of the project, and the ability of the subdivision to meet the city's current maximum percentage of tree removal guidelines;

C.

The character and nature of the neighborhood in which the project is located and the likelihood of future improvements to the lots being consistent with the surroundings in terms of general lot size and type and character of development, especially in the rural areas of the city;

D.

The historical, cultural, aesthetic or archaeological value of the property proposed to be subdivided, including consideration of existing structures, improvements, landscaping, landforms and historical or cultural significance of the site;

E.

The full array of other considerations for subdivisions as required by state and local law.

(Ord. 90-1 Exh. A, 1990)

Parcels containing more than one (1) legal, detached single family residence may be divided into substandard lots provided that no new building sites are created subject to the following:

A.

The residences were not built as guest quarters, second dwelling units, employee housing other secondary residences or accessory structures.

B.

Each newly created lot must contain one of the lawfully established dwelling units.

C.

Each new lot must have a minimum fifty-foot frontage.

D.

The resultant lots shall meet applicable setbacks and lot coverage standards of the base zoning district.

a.

If the side yard setback required in the zoning district cannot be met, then the common lot line shall be located an equal distance between the two (2) residences, but not less than six (6) feet.

E.

Meet on-site/off-street parking requirements established in Section 17.80.030.

F.

Provide a thirty-year deed restriction for one of the dwelling units to ensure affordability for low and/or very low income households as defined in Section 50079.5 and 50105 respectively of the California Health and Safety Code.

(Ord. No. 2009-06, § 2(Exh. A-3), 9-9-2009)

New outdoor lighting on private property other than the site of a single family dwelling or duplex shall comply with the following requirements. All such lighting shall be limited to the minimum necessary for safety and security.

A.

An outdoor light fixture shall be limited to a maximum height of fourteen (14) feet or the height of the nearest building, whichever is less except adjacent to or within a residential area where the height shall be reduced to eight (8) feet. A fixture greater than fourteen (14) feet in height may be approved by the Planning Commission where it first determines that the additional height will provide lighting that still complies with all other requirements of this Section.

B.

Outdoor lighting shall utilize energy efficient (high pressure sodium, low pressure sodium, hard wired compact florescent, light emitting diodes (LED) or other lighting technology that is of equal or greater efficiency) fixture/lamps.

C.

Lighting fixtures shall be shielded or recessed to minimize light spill to adjoining properties by:

1.

Ensuring that the light source (e.g., bulb) is shielded and directed downward with no more than a 30-degree horizontal deflection from the light source.

2.

Confining glare and reflections within the boundaries of the site to the maximum extent feasible.

Each light fixture shall be directed downward and away from adjoining properties and public rights-of-way. No on-site light source shall directly illuminate an area off the site.

D.

No lighting on private property shall produce an illumination level greater than one foot candle on any property within a residential zone, except on the site of the light source.

E.

No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness.

(Ord. No. 2009-06, § 2(Exh. A-11), 9-9-2009; Ord. No. 2013-08, §§ I, II, 5-3-2013)

A.

When a developer of housing proposes a housing development, the City of Nevada City, hereinafter called city, shall provide the developer incentives for the production of lower income housing units within the development if the developer meets the requirements set forth in subsections B. and C.

B.

When a developer of housing agrees or proposes to construct at least (1) twenty (20) percent of the total units of housing development for lower income households, as defined in section 50079.5 of the Health and Safety Code, or (2) five (5) percent of the total units of housing development for very low income households, as defined in Section 50105 of the Health and Safety Code, or (3) fifty (50) percent of the total dwelling units of a housing development for qualifying senior citizens, as defined in Section 51.3 of the Civil Code, the city shall either:

1.

Grant a density bonus and at least one of the concessions or incentives identified in subsection H. unless the city makes a written finding that the additional concession or incentive is not required in order to provide for affordable housing costs as defined in Section 50025.5 of the Health and Safety Code or for rents for the targeted units to be set as specified in subsection C., or

2.

Provide other incentives of equivalent financial value based upon the land cost per dwelling unit.

C.

A developer shall agree to and the city shall ensure continued affordability of all lower income density bonus units for thirty (30) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Those units targeted for lower income households, as defined in Section 50079.5 of the Health and Safety Code shall be affordable at a rent that does not exceed thirty (30) percent of sixty (60) percent of area median income. Those units targeted for very low income households, as defined in Section 50105 of the Health and Safety Code shall be affordable at a rent that does not exceed thirty (30) percent of fifty (50) percent of area median income. If the city does not grant at least one additional concession or incentive pursuant to paragraph 1. of subsection B., the developer shall agree to and the city shall ensure continued affordability for ten (10) years of all lower income housing units receiving a density bonus.

D.

A developer may submit to city a preliminary proposal for the development of housing pursuant to this section prior to the submittal of any formal requests for general plan amendments, zoning amendments, or subdivision map approvals. The city shall, within ninety (90) days of receipt of a written proposal, notify the housing developer in writing of the procedures which will comply with this section. The city shall establish procedures for carrying out this section, which shall include legislative body approval of the means of compliance with this section. The city shall also establish procedures for waiving or modifying development and zoning standards which would otherwise inhibit the utilization of the density bonus on specific sites. These procedures shall include, but not be limited to, such items as minimum lot size, side yard setbacks, and placement of public works improvements.

E.

The housing developer shall show that the waiver or modification is necessary to make the housing units economically feasible.

F.

For the purposes of this ordinance, "density bonus" means a density increase of at least twenty-five (25) percent over the otherwise maximum allowable residential density under applicable zoning ordinance and land use element of the general plan as of the date of application by the developer to the city. The density bonus shall not be included when determining the number of housing units. The density bonus shall apply to housing developments consisting of five (5) or more dwelling units.

G.

"Housing development" as used in this section means one or more groups of projects for residential units constructed in the city. For purposes of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus units shall be permitted in areas of the development other than the areas where the units for the lower income households are located.

H.

For purposes of this ordinance, concession or incentive means any of the following:

a.

A reduction in site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards approved by the state building standards commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and lot area square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required.

b.

Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the housing project and the existing or planned development in the area where the proposed housing project will be located.

c.

Other regulatory incentives or concessions proposed by the developer or the city which result in identifiable cost reductions.

I.

This subdivision does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city or the waiver of fees or deduction requirements.

J.

If a developer agrees to construct both ten (10) percent of the total units for lower-income households and five (5) percent of the total units for very low income households the developer is entitled to only one density bonus and at least one additional concession or incentive identified in Section H under this section. The city may, at its discretion, grant more than one density bonus.

(Ord. No. 2009-06, § 2(Exh. A-12), 9-9-2009)

A.

When an applicant for approval to convert apartments to a condominium project agrees to provide at least thirty-three percent of the total units of the proposed condominium project to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code, or 15 percent of the total units of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and agrees to pay for the reasonably necessary administrative costs incurred by the city, the city shall either:

1.

Grant a density bonus; or

2.

Provide other incentives of equivalent financial value.

B.

A city may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households.

C.

For purposes of this section, "density bonus" means an increase in units of twenty-five (25) percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion.

D.

For purposes of this section, "other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval.

E.

An applicant for approval to convert apartments to a condominium project may submit to the city a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals. The city shall, within ninety (90) days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. The city shall establish procedures for carrying out this section, which shall include legislative body approval of the means of compliance with this section.

F.

Nothing in this section shall be construed to require the city to approve a proposal to convert apartments to condominiums.

G.

An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Section 65915.

(Ord. No. 2009-06, § 2(Exh. A-12), 9-9-2009)

A.

Purpose. The City of Nevada City finds and declares that stationary standby generators can be an important safety feature during an electrical power outage by maintaining power for refrigeration systems and medical equipment. If unregulated, standby generators can be noise and aesthetic nuisances and can also compromise the safety and welfare of the community.

It is the intent of Nevada City to encourage use of stationary standby generators during temporary interruptions in electrical power and, additionally, to impose standards that will enhance the safety of the community without compromising aesthetics or the quite enjoyment of neighborhoods.

B.

Findings.

(1)

It is necessary to regulate the aesthetic impacts of stationary standby generators, because if stationary standby generators are located in areas without locational regulations or screening requirements they may be unsightly and therefore, detract from the aesthetic and design requirements of the Nevada City Municipal Code requirements thereby leading to a decline in property values within the City.

(2)

Regulating air quality impacts of stationary standby generators is necessary to protect the health and safety of residents and visitors, because without air quality limits exhaust from individual or collective stationary standby generators may cause respiratory and health problems.

(3)

Regulating noise levels and hours of operations of stationary standby generators is necessary to protect the health and safety of residents and visitors because exposure to excessive noise levels, especially for prolonged periods, causes hearing damage or loss and other health conditions.

C.

Definitions.

(1)

"Stationary standby generator" means a non-portable, hardwired generator intended for permanent installation.

(Ord. No. 2020-17, § 1, 9-23-2020; Ord. No. 2021-09, § 1, 12-8-2021)

A.

A stationary standby generator may operate only during interruptions of electrical service from the distribution system or transmission grid due to circumstances beyond the operator's control with exception only for programmed automatic test cycles.

B.

Prior to installation of a stationary standby generator, the property owner shall obtain one of the following permits:

(1)

A Minor Architectural Review approval for all stationary standby generators 24,000 watts or less, from the City Planning Department;

(2)

An Architectural Review application for all stationary standby generators 24,000 watts or less whereby the generator does not meet setback and screening standards outlined below under Subsection 17.80.242.A.(4); and

(3)

A Conditional Use Permit for all stationary standby generators over 24,000 watts.

C.

Applications for Architectural Review and Minor Architectural Review must meet the criteria set forth in Section 17.80.242.

(Ord. No. 2020-17, § 1, 9-23-2020; Ord. No. 2021-09, § 1, 12-8-2021)

A.

An Architectural Review approval may be issued only for proposals that meet and continue to conform with all requirements below and as specified in the City of Nevada City Municipal Code.

(1)

Stationary standby generators that have a power output of 24,000 watts or less may be located in all zones within the City except for Open Space (OS). Any Generator with a power output in excess of 24,000 watts shall be reviewed through a Conditional Use Permit.

(2)

Air Quality: An Authority to Construct/Permit to Operate issued by the Northern Sierra Air Quality Management District (NSAQMD) is required for any diesel-fired generator engine greater than 50 horsepower before such generator is placed into operation. Such permits shall be good for one year and renewed on an annual basis.

(3)

Noise Standards:

a.

Applicant shall demonstrate that the generator complies with noise standards outlined in Chapter 8.20 of the City Municipal Code.

b.

Test cycles shall only run during day time hours of 7AM to 9PM.

(4)

Aesthetics:

a.

All stationary standby generators shall be located consistent with all building setbacks and they must be adequately screened by fencing, landscaping or other method as demonstrated on the site plan. Any generator proposal that demonstrates an inability or hardship for placement of the generator consistent with setback standards or is unable to provide adequate screening from public views, shall be required to obtain an Architectural Review permit to be permitted by the Nevada City Planning Commission, acting as the Architectural Review Committee.

b.

All stationary standby generators proposed within the Historic District shall be located in such a manner so as not to be visible from public views.

(5)

Location: Stationary standby generators shall not be allowed within a property easement unless the easement expressly permits the generator.

(6)

Safety: Stationary standby generators shall be equipped with a disconnect pursuant to Section 15.08.045, Auxiliary Power Generator, of the City Municipal Code.

(7)

Following the City's Architectural Review approval, the applicant shall obtain an electrical/plumbing permit from the Nevada County Building Department, acting on behalf of the City.

B.

An architectural review application shall be submitted by the owner of the parcel and shall be filed with the city planner on the city-approved application form and subject to the established fee and the following additional checklist:

(1)

A digital copy of the site plan or three (3) copies if hard copies are submitted;

(2)

The brand, model, KW-output stationary standby generator to be installed;

(3)

The brand, model, and specifications of the transfer switch to be utilized;

(4)

Location of stationary standby generator, transfer switch, raceways, and fuel gas piping to/from unit, mounting surface of stationary standby generator;

(5)

Size dimensions of the stationary standby generator;

(6)

Type of fuel supply for the stationary standby generator; and

(7)

Signed "Stationary Standby Generator Declaration."

(Ord. No. 2020-17, § 1, 9-23-2020; Ord. No. 2021-09, § 1, 12-8-2021)