No building other than an accessory building, shall be erected for any use or uses, except single-family dwelling uses, until a site plan covering the parcel or parcels to be used has been approved or conditionally approved, as herein provided, and no building permit for such building shall be issued until such approval or conditional approval has been given.

A.

Filing of Site Plan—Filing Fee. The site plan, as well as an application for the approval thereof, in such form as the planning commission may prescribe, shall be filed with the commission, and shall be accompanied by a filing fee in an amount to be determined by resolution of the city council.

B.

Contents of Site Plan. The site plan shall include the following information, together with any future data which the planning commission may require in a particular case:

1.

A sketch or drawing, according to a stated scale, showing the boundaries and dimensions of the parcel or parcels to be used, and the location and width of adjacent streets, as well as sidewalks, if any. Adjoining, contiguous properties shall be shown in order to assist with understanding the location and orientation of proposed projects;

2.

Location, dimensions and use of any existing buildings on the premises, and the location and species of any existing trees;

3.

Location, dimensions and use of all buildings to be erected on the premises;

4.

Location and dimensions of any signs;

5.

Location and dimensions of yards and spaces between buildings;

6.

Location and height of any fences or walls, existing or proposed, and the materials used or to be used;

7.

Location and dimensions of the proposed off-street parking facilities, including parking spaces, maneuvering areas, driveways and pedestrian walkways;

8.

Location and dimensions of proposed planting strips and other landscaped areas, and kinds of vegetation to be used;

9.

Location and general nature of lighting;

10.

Location, dimensions and method of improvement of all property to be dedicated to the public or to public utilities;

11.

Plans or reports indicating proposed treatment and disposal of sewage and/or industrial waste;

12.

Location and treatment of refuse areas.

C.

Review by Advisory Review Committee. Upon the filing of the site plan, the advisory review committee of the planning commission shall review the same and shall make a written report to the commission recommending the approval, conditional approval or disapproval of the plan. If conditional approval of the plan is recommended, the report shall contain a statement of the conditions. If disapproval is recommended, the report shall set forth the reasons therefor.

D.

Action by Planning Commission.

1.

After receiving the report of the advisory review committee, the commission shall approve, conditionally approve or disapprove the site plan. The action thus taken shall be endorsed on the plan or shown by a memorandum attached thereto. If the plan is disapproved, the reasons therefor shall be stated. The planning commission shall report its action to the applicant, and such report shall include a copy of any such memorandum.

2.

The planning commission may conditionally approve the site plan requiring such conditions as will protect the public peace, health, safety and general welfare and will make possible the development of the proposed site in an orderly and efficient manner and in general accord with all elements of the general plan and the intents and purposes of this title.

3.

As a condition of approval of any site plan affecting territory designated with the AN combining district, actual improvements shall be constructed and/or a development fee, as established by resolution of the city council, shall be paid to the public works department in order to offset the cumulative impacts on the road system within the city and urban area as defined in the Nevada County regional transportation plan and the fire protection, water and sewer system within the city. The fees shall be paid at the time of the issuance of the building permit.

4.

Where public services are provided by independent special districts which have declared themselves to be impacted by development, a written statement from such special district(s) acknowledging their ability to serve the project will be required prior to approval of the site plan. The written statement may recite that an agreement has been reached between the developer and the district to offset the impacts on the district.

5.

As a condition of approval of any site plan, the planning commission may require the developer to install all improvements in streets, alleys, pedestrianways, bicycle paths, drainage channels, easements and rights-of-way as are necessary for the general use of residents and users of the project and for local traffic and drainage needs, and said improvements may include pavement, curbs, gutters, sidewalks, culverts, bridges, retaining walls, storm drains and drainage works, water mains and laterals, sanitary sewers, fire hydrants, street lighting facilities, street signs, bus stops, and other improvements as required.

E.

Standards of Site Plan Review. The purpose of site plan review, which shall guide the commission in its action thereon, is to assure that the requirements of this title and the general plan are complied with in a manner that will not substantially depreciate property values in the vicinity, or unreasonably interfere with the lawful use and enjoyment of other properties in the vicinity, or endanger the public health, safety and welfare.

F.

Appeal to City Council. Any applicant for site plan review who is dissatisfied with the action of the planning commission thereon may appeal therefrom to the city council by filing a written notice of appeal with the city clerk within fifteen (15) days after the date of the commission's action. Upon the filing of an appeal, the council shall set the matter for hearing, and the hearing shall be held within thirty (30) days after the date of the appeal. Written notice of the hearing shall be given to the appellant at least ten (10) days prior to the hearing date.

G.

Compliance with Approved Site Plan. It shall be unlawful for any person to do or perform any act, or to cause any act to be done or performed, which is not in conformity with, or which is a violation of, any approved site plan or any condition thereof, and no building permit shall be issued for any building which does not comply with all of the requirements and conditions of such plan.

(Ord. 92-07 (part), 1992; Ord. 87-2 § 16.10, 1987)

A.

The purpose of the conditional use permit is to allow the proper integration to the community of uses which may be suitable only in specific locations in a zoning district or only if such uses are designed or laid out on the site in a particular manner.

B.

A conditional use permit shall be required for all uses listed as conditional uses in the zone regulations.

C.

In considering an application for a conditional use, the commission shall give due regard to the nature and condition of all adjacent uses and structures. The commission may deny an application for a conditional use permit, and in authorizing a conditional use, the commission may impose such requirements and conditions with respect to location, construction, maintenance, and operation, in addition to those expressly stipulated in this title for the particular use, as they may deem necessary for the protection of adjacent properties and the public interest.

1.

Conditional use permits, revocable, or valid for a term may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this title.

2.

The filing fee shall be an amount to be determined by resolution of the city council.

3.

The application shall be accompanied by maps and drawings necessary to demonstrate that conditions set forth herein are fulfilled.

4.

The commission shall hold one (1) public hearing upon an application for a conditional use permit.

5.

A notice of said hearings shall be mailed at least ten (10) days prior to such hearing to all property owners, any part of whose property lies within a radius of three hundred (300) feet of the applicant's property, using for this purpose the name and addresses shown on the last officially adopted assessment roll for Nevada City.

D.

Conditions. Conditions imposed in the granting of a conditional use permit may involve any pertinent factor affecting the establishment, operation and maintenance of the requested use, including but not limited to:

1.

Special yards, open spaces and buffer zones;

2.

Fences and walls;

3.

Parking facilities, including vehicular ingress and egress;

4.

Street and highway dedication and improvement, including sidewalks, curbs, gutters and street lights and bus stops;

5.

Water supply and fire protection in accordance with city standards;

6.

Landscaping and maintenance of grounds;

7.

Regulation of nuisance factors, such as noise, vibrations, smoke, dust, dirt, odor, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation;

8.

Regulation of operating hours for activities affecting normal neighborhood schedules and functions;

9.

Regulation of signs, including outdoor advertising;

10.

Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date;

11.

A site plan indicating all details and data necessary for the consideration and granting of the conditional use permit;

12.

For areas in the "-AN" combining district, actual construction of improvements and/or the payment of a development fee as established by the latest resolution of the city council to offset the cumulative impacts on the road system within the city and urban areas as defined in the Nevada County regional transportation plan. The fee shall be paid at the time of the issuance of the building permit, where applicable, or before the commencement of the use of the use permit;

13.

Where public services are provided by independent special district(s) which have declared themselves to be impacted by development, a written statement from such special district(s) acknowledging their ability to serve the project will be required prior to approval of the site plan. The written statement may recite that an agreement has been reached between the developer and the district(s) to offset the impacts on the district;

14.

Such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accord with all elements of the general plan and the intent and purposes of this title.

Provided that the commission is satisfied that the proposed structure or use conforms to the requirements and the intent of this title and the Nevada City general plan, that any additional conditions stipulated by the commission as deemed necessary in the public interest have been met, and the applicant has demonstrated that the requested use will not jeopardize, adversely effect or be detrimental to the public health, safety and welfare or to the surrounding property and residents, the commission may issue a conditional use permit.

E.

Upon the hearing the commission shall make a written decision setting forth its findings and granting or denying the conditional use permit. If the conditional use permit is granted, the decision shall not become operative until fifteen (15) days after the date on which it is made, and if a timely appeal is taken to the city council, said decision shall be further stayed until the final decision is made by the council.

F.

In any case where the conditions of a conditional use permit have not been or are not being complied with, the commission shall give the permittee notice of intention to revoke such permit at least ten (10) days prior to a commission hearing thereon. After the conclusion of the hearing, the commission may revoke such a permit.

G.

In any case where the commission finds the conditional use permit has not been exercised within the time limit set by the commission, then without further action the permit shall be null and void.

H.

Any person dissatisfied with any action of the commission on a request for a conditional use permit may appeal thereon to the city council, at any time within fifteen (15) days after the rendition of the decision of the commission. The appeal shall be filed with the city clerk. Upon payment of the appropriate filing fee as established by resolution of the city council, the city clerk shall set the matter for hearing, no part of which shall be refundable.

I.

The city council shall hold a hearing upon said appeal after giving written notice and by causing a notice thereof to be published in at least one (1) regular issue of the official newspaper of the city and posting notices in conspicuous places near the property in question at least ten (10) days prior to said hearing by the council.

(Ord. 92-07 (part), 1992; Ord. 87-2 § 16.20, 1987)

A.

The planning commission or city council, if appealed, shall have the power to grant variance permits, exclusive of use variances, allowing for variances from the rules, regulations and provisions of this title when it can be found and determined that there are conditions which would make the strict enforcement of the provisions of this title result in practical difficulties or unnecessary hardship, or would deny the property owner of a reasonable use of the property. Prior to final action on the variance, the commission may require the applicant to submit any additional data that may be needed to substantiate the variance request. The conditions permitting a variance are:

1.

Variance from the terms of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical classification.

2.

Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

3.

A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulations governing the parcel of property.

B.

The filing fee for a variance application shall be an amount to be determined by resolution of the city council.

C.

The application shall be accompanied by maps and drawings necessary to demonstrate the conditions set forth above apply.

D.

The notice, hearing and appeal procedure in the variance process shall be identical to those set out for site plans and use permits elsewhere in this chapter.

(Ord. 87-2 § 16.30, 1987)

A.

An architectural review permit shall be required and the planning commission shall be the architectural review committee for all applications for the erection or exterior alteration of any buildings and structures, or the removal, demolition or razing of any structures. No building of special historical or architectural interest or value, or an example of the Mother Lode type of architecture, situated inside or outside the historical district, shall be torn down, demolished or removed unless the planning commission makes a finding that such building has become so damaged or dilapidated, whether from damage by fire or other elements or from natural deterioration that it is unusable and cannot reasonably be repaired or restored. Whenever the building or structure to be removed or demolished has some special historical or architectural interest or value, or is an example of Mother Lode architecture, the planning commission, as a condition of granting the demolition, may require the replacement building to reflect the style or character of the building being demolished, and the planning commission may require that the demolition application be accompanied by architectural plans and details for the proposed replacement structure. Additionally, when considering a request for demolition, the planning commission may consider the effect of the demolition on the low- and moderate-income housing stock and may require that replacement structures address this loss of housing. Also, the planning commission may require the applicant for a demolition permit to pay for city staff or one (1) or more expert consultants to evaluate the historical significance and/or structural condition of the building.

If a structure having Mother Lode architecture or a structure of special historical significance or architectural significance is torn down without a demolition permit, then any replacement structure shall:

1.

Have the same footprint, floor area and height as the structure torn down; and

2.

The replacement structure shall be designed such that its outward architectural appearance shall be the same as the structure which was torn down, including the use of the similar type of building materials used in the original structure, consistent with current building codes;

3.

A cash bond representing one hundred twenty-five (125) percent of the anticipated cost of the replacement structure must be posted before a building permit is issued;

4.

A demolition permit shall be required whenever more than twenty-five (25) percent of any existing wall area and/or building materials or more than twenty-five (25) percent of the existing structure is to be removed;

5.

The replacement structure shall lose any grandfathered rights that the original structure had except where the grandfathered right is needed to comply with subsections (A)(1) and (2) above;

6.

The replacement structure need not comply with the existing land use regulations if necessary to meet the requirements of this section at the city's discretion.

B.

The city's goal in requiring architectural review is to implement the goals of the city's general plan by preserving the character of Nevada City architecture in terms of historical value, site coverage and planning, volume and massing, materials, general design and details. Historical district work must be in strict keeping with the Mother Lode era as further discussed in Article II of Chapter 17.68 of this title. Preservation of original historic materials is strongly encouraged.

C.

The planning commission shall review each application on its own merit and in the context of the neighborhood of the project. For example, plywood siding might be acceptable in an area of modern, similar homes, but not in neighborhood of old Victorian homes. In new projects, where no existing neighborhood sets the tone of the architectural style, the architecture shall be reviewed for general compatibility with Nevada City's style of architecture.

However, any modern building material can be used on new homes outside the historical district. Metal shake and other available roofing materials shall be permitted throughout the city, except in the historical district, on all new construction and all existing buildings.

Generally, Nevada City architecture is characterized by many of these design features typical of the Mother Lode era: steep peak roofs with pitches between 6:12 and 12:12, overhanging roofs with gable ends, covered porches and entries, multipane, vertical and bay windows, and the use of horizontal painted rustic siding. Alterations to older homes should match existing, historic materials and details. Synthetic materials with no historical basis are discouraged.

A manufactured home and the residential lot on which it is placed shall only be subject to the same development standards to which a conventional single-family dwelling on the same lot would be subject, including, but not limited to, building setback standards, side and rear yard requirements, standards for enclosures, access, off-street parking, aesthetic requirements and minimum square footage requirements. Any architectural requirements imposed on the manufactured home structure itself shall be limited to its roof overhang, roofing material and siding material. Under no event can these architectural standards exceed those which would be required of conventional single family dwelling constructed on the same lot. Said manufactured home must not be older than ten (10) years between the date of manufacture and the date the application for the issuance of a building permit to install the manufactured home is filed with the city.

D.

Any decision of the planning commission sitting as an architectural review committee may be appealed to the city council not later than fifteen (15) days after the final action or decision taken by the planning commission with respect to the application.

E.

Nothing contained in this section shall prevent an appeal by the applicant to the city council prior to the taking of a final action by the planning commission. However, in the event that an appeal is taken prior to the taking of final action by the planning commission, the planning commission may make a recommendation to the city council that it defer its rulings or actions until such time as the planning commission has had an opportunity to meet as a committee of the whole to review and modify or approve the action of the architectural review committee.

F.

The following types of architectural changes are exempt from planning commission review and approval and the required architectural permit may be issued by the city staff: changes of paint colors, reroofing, or changes in roof colors, only outside of historical district (HD) boundaries.

Whenever the city staff is uncertain as to the appropriateness of such changes, the application may be referred to the planning commission for review and action.

No architectural review outside the historical district is required for additions to or the remodeling of a single-family residential unit as set forth below.

The city planner may approve additions to or the remodeling of single-family residential units, provided that the proposed construction meets the following standards:

1.

The materials match those of the existing residence.

2.

The addition or modification meets all required zoning and fire code setbacks.

3.

The proposed new floor area, together with other additions in the last five (5) years is less than twenty-five (25) percent of the existing conditioned living area of the residence.

4.

The addition or remodel does not result in a significant change to the architecture of the property in question. In the event the city planner determines that the addition or remodel may result in a significant change to the architecture of the property or generates significant public interest, the application shall be sent to the planning commission for architectural review.

(Ord. 2004-01 § 1, 2004; Ord. 2001-09 § 1, 2001; Ord. 97-01 §§ 4, 5, 7, 1997; Ord. 92-06, 1992: Ord. 90-1 Exh. B, 1990: Ord. 87-2 § 16.40, 1987; Ord. No. 2009-06, § 2(Exh. A-9), 9-9-2009)

A.

Appeal Bodies Defined. The following appeal bodies are defined for any and all land use decision governed by this title, as well as environmental review:

1.

Planning decisions made by the advisory review committee or the city staff may be appealed to the planning commission. Where the ordinance allows for staff approval, the staff may optionally refer the decision to the planning commission for a decision. City staff decisions shall be based on current ordinances and adopted design guidelines.

2.

Decisions made by the planning commission may be appealed to the city council.

B.

Appeals must be made in writing to the city clerk, within fifteen (15) days of the decision. The appeal letter or information must include the reason why the appeal is necessary and must be accompanied by the filing fees currently prescribed by ordinance.

(Ord. 97-01 § 8, 1997; Ord. 87-2 § 16.50, 1987)

A.

Unless otherwise specified in the section of this title dealing with the use in question, all permits approved under this title, including commercial or industrial site plan, conditional use permits, variances and architectural review must be utilized within two years of city approval.

B.

Utilized means that substantial progress should have been made by the following steps:

1.

A building permit shall have been issued if applicable; and

2.

If construction is involved, the foundation and subfloor and rough plumbing shall have been installed and inspected, and progress should be actively continuing on the construction; or

3.

If no construction is involved and the permit involves a use only, then that use shall have been established with all conditions of occupancy met prior to the two-year expiration.

C.

Upon receipt of a written request from the applicant or property owner prior to the expiration of the permit, the planning commission may grant an extension of the permit for one year at a time but not to exceed five years total from the original approval date.

D.

In considering the extension of time of the permit, the commission may elect to hold a new public hearing on the project for the purpose of discussing the adequacy of the approval conditions and for adding or modifying the approval conditions, when the commission finds that there have been substantial changes in the circumstances surrounding the permit, or that ordinances governing the use have changed substantially, or that the attitude of the public is likely to have changed substantially since the original approval. The commission may request that the applicant seeking the extension pay the cost of a new public hearing, and upon receipt of this payment, the commission will schedule the public hearing. The actions of the commission under this subsection may be appealed to the city council, in accordance with the provisions of this chapter.

(Ord. 87-2 § 16.60, 1987)