For the purpose of this title, certain terms and words are defined as set out in this chapter.

(Ord. 87-2 § 3.10 (part), 1987)

"Accessory building" means a detached subordinate building located on the same premises as the main building or buildings, the use of which is customarily incidental to that of the main building or to the use of the land. Said accessory building shall not be used as sleeping or housekeeping quarters except as hereinafter provided for under zone classifications.

(Ord. 87-2 § 3.10 (part), 1987)

"Automobile and trailer sales area" means an open area, other than a street or alley, used for the display, sale or rental of new or used automobiles or trailers.

(Ord. 87-2 § 3.10 (part), 1987)

"Building" means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

(Ord. 87-2 § 3.10 (part), 1987)

"Height of building" means the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof excluding chimneys, elevators, ventilation and air-condition equipment and parapet walls.

(Ord. 87-2 § 3.10 (part), 1987)

"Child care facility" means a child care facility is a facility other than a family day care home which provided nonmedical care to children under eighteen years of age in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. "Child care facility" does not include family day care homes.

(Ord. 87-2 § 3.10 (part), 1987)

"Commission" means the Nevada City planning commission.

(Ord. 87-2 § 3.10 (part), 1987)

"Court" means an open unoccupied space, other than a yard, on the same lot with a building and bounded on one or more sides by such building or buildings.

(Ord. 87-2 § 3.10 (part), 1987)

"Dwelling" means any building that contains one or two dwelling units, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.

(Ord. 87-2 § 3.10 (part), 1987; Ord. No. 2023-07, § 12, 8-9-2023)

"Multiple dwelling" means a detached building designed exclusively for occupancy by more than one family, living independently of each other, but under one roof or otherwise structurally integrated as one unit.

(Ord. 87-2 § 3.10 (part), 1987)

"Single family dwelling" means a detached building designed exclusively for occupancy by one family. A single family dwelling includes a manufactured home certified under the National Manufactured Housing Construction and Safety Standards of 1974 (42 U.S.C. Sections 5401 et seq.) on a foundation system, pursuant to Section 18551 of the Health and Safety Code, on lots zoned for conventional single family residential dwellings.

(Ord. 87-2 § 3.10(part), 1987; Ord. No. 2009-06, § 2(Exh. A-9), 9-9-2009)

"Dwelling unit" means one (1) or more rooms in a dwelling designed for occupancy by one (1) family for living or sleeping purposes. In order to determine whether an area is a separate dwelling unit, the following factors may be taken into consideration.

1.

Whether the area has its own kitchen;

2.

Whether the area has its own separate entrance so as to allow a person or a family to live independently of other persons or families in the same building, or other persons or families on the same lot.

A dwelling unit may not be used as a lodging unit or units except where approved as a conditional use as a bed and breakfast facility with a resident owner/manager.

(Ord. 91-04 Exh. I (part), 1991: Ord. 87-2 § 3.10 (part), 1987)

"Employee Housing" means any portion of any housing accommodation, which may consist of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of- way car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobile homes or camping of five or more employees by the employer, and for which the accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved, and as further defined in the California Safety Code Division 13 - Housing Part 1 - Employee Housing Act, Chapter 1 - General Provisions and Definitions, Section 17008, and as follows:

A.

"Large Employee Housing," means housing for employees consisting of no more than thirty-six (36) beds in a group quarter or twelve (12) units or spaces designed for use by a single family or household, in accordance with Sections 17000 et seq. of the California Health and Safety Code;

B.

"Small Employee Housing," means housing for employees consisting of six or fewer persons in a single-family home, in accordance with Sections 17000 et seq. of the California Health and Safety Code.

C.

"Employer," means one that hires others to perform a service or engage in an activity in exchange for compensation.

(Ord. No. 2023-07, § 9, 8-9-2023)

"Family" means an individual or two or more persons who are related by blood or marriage, or otherwise live together in a dwelling unit.

(Ord. 87-2 § 3.10(part), 1987; Ord. No. 2009-06, § 2(Exh. A-7), 9-9-2009; Ord. No. 2023-07, § 13, 8-9-2023)

"Family day care home" means a home which regularly provides care, protection and supervision of twelve or fewer children in the provider's own home for periods of less than twenty-four hours per day while the parents or guardians are away, and includes the following:

1.

"Large family day care home," which means a home which provides family day care to seven to twelve children, inclusive, including children who reside at the home, as defined in regulations issued by the State;

2.

"Small family day care home," which means a home which provides family day care to six or fewer children, including children who reside at the home, as defined in regulations issued by the State of California.

(Ord. 87-2 § 3.10 (part), 1987)

"Frontage" means all the property on one side of the street between intersecting or intercepting streets, or between a street and right-of-way, end of a deadend street or city boundary measured along street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

(Ord. 87-2 § 3.10 (part), 1987)

For the definition of "ground coverage," See "Lot coverage."

(Ord. 87-2 § 3.10 (part), 1987)

"Guest house" means living quarters within a detached accessory 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 rented or otherwise used as a separate dwelling.

(Ord. 87-2 § 3.10 (part), 1987)

"Homeless housing facilities" include permanently operated emergency shelters, transitional housing and supportive housing. Temporary nomadic homeless shelters operated at faith based or other institutions are allowed if that underlying use has been legally established. Each is briefly defined below.

1.

"Emergency Shelters" (from Health and Safety Code Section 50801(e): temporary lodging for homeless persons with minimal supportive services that may be limited to occupancy of six months or less.

2.

"Transitional Housing" (from Health and Safety Code Section 50675.2)(h): Any dwelling unit or a Group Living Accommodation configured as a rental housing development, but operated under program requirements that call for the termination of assistance and recirculation of the assisted units to another eligible program recipient at some predetermined future point in time.

3.

"Supportive Housing" (Health and Safety Code 50675.14(b): Any dwelling unit or a Group Living Accommodation, that is occupied by the target population as defined in Section 50675.14(b) of the CA Health and Safety Code with no limit on length of stay, that is linked to on- or off-site services that assist the supportive housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

4.

"Group Living Accommodation": A building, group of buildings or portion of a building designed for or accommodating residential use by persons not living together as a Family.

(Ord. No. 2009-06, § 2(Exh. A-4), 9-9-2009; Ord. No. 2017-12, § 1, 12-13-2017)

"Hotel" means a building designed for occupancy as the more or less temporary place of abode for individuals who are lodged with or without meals, in which there are six or more guest rooms, and in which no provision is made for cooking in any individual room or suite.

(Ord. 87-2 § 3.10 (part), 1987)

"Kitchen" means a room or place equipped for cooking containing a sink with running water, and one (1) or more of the following appliances or fixtures: refrigerator, microwave, cabinetry, oven, dishwasher, or cooking appliance.

(Ord. 91-04 Exh. I (part), 1991)

"Living quarters" means one or more rooms in a building designed for occupancy by one or more individuals for living for sleeping purposes.

(Ord. 87-2 § 3.10 (part), 1987)

"Lodging unit" means one (1) or more rooms used for sleeping or living quarters, designed for short-term rental (less than thirty (30) days) by tourists, transients or visitors.

(Ord. 91-04 Exh. I (part), 1991)

"Lot" means a parcel of land shown on a subdivision map or record of survey map, parcel map or described by metes and bounds and recorded in the office of the county recorder, and/or a building site in one ownership having an area for each main building as hereinafter required in each zone and having frontage upon or access by adequate easement to a public street, road or highway.

(Ord. 87-2 § 3.10 (part), 1987)

"Lot area" the total horizontal net area within the lot lines of a lot or parcel exclusive of streets, highways, roads and alleys.

(Ord. 87-2 § 3.10 (part), 1987)

"Corner lot" means a lot situated at the intersection of two or more streets having an angle of intersection of not more than one hundred thirty-five degrees.

(Ord. 87-2 § 3.10 (part), 1987)

"Lot coverage" means the percentage of the gross lot area covered by structures, paving, walks and any other impervious areas that prevent normal precipitation from directly reaching the ground.

(Ord. 87-2 § 3.10 (part), 1987)

"Lot depth" means the horizontal distance between the front and rear lot lines measured on the longitudinal center line.

(Ord. 87-2 § 3.10 (part), 1987)

"Interior lot" means a lot other than a corner lot.

(Ord. 87-2 § 3.10 (part), 1987)

"Key lot" means the first interior lot to the rear of a reversed corner lot and not separated therefrom by an alley.

(Ord. 87-2 § 3.10 (part), 1987)

"Front lot line" means, in the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the owner may choose which street he shall designate as the front of the lot. Once the choice of frontage is made, it cannot be changed unless all requirements for yard space are complied with.

(Ord. 87-2 § 3.10 (part), 1987)

"Rear lot line" means a lot line which is opposite and most distant from the front lot line and, in case of an irregular triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

(Ord. 87-2 § 3.10 (part), 1987)

"Side lot line" means any lot boundary line not a front lot line or a rear lot line.

(Ord. 87-2 § 3.10 (part), 1987)

Lot, Reversed Corner: A corner lot the side street line of which is substantially a continuation of the front lot line of the lot to its rear.

(Ord. 87-2 § 3.10 (part), 1987)

"Through lot" means a lot having a frontage on two parallel or approximately parallel streets.

(Ord. 87-2 § 3.10 (part), 1987)

"Lot width" means the horizontal distance between the side lot lines measured at right angles and to the lot depth at a point midway between the front and rear lot line.

(Ord. 87-2 § 3.10 (part), 1987)

"Motels" means a group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motor courts, motor lodges or tourist courts.

(Ord. 87-2 § 3.10 (part), 1987)

"Nonconforming buildings" means a building or structure or portion thereof existing at the time the ordinance codified in this title became effective, which was designed, erected or structurally altered, for a use that does not conform to the use regulations of the zone in which it is located, or a building or structure that does not conform to all the height, area, setback, lot width, yard requirements and other regulations of the zone in which it is located.

(Ord. 87-2 § 3.10 (part), 1987)

"Nonconforming use" means a use which lawfully occupied a building or land at the time it was initiated, and which does not conform with the current use regulations of the zone in which it is located.

(Ord. 87-2 § 3.10 (part), 1987; Ord. No. 2015-01, § 2, 1-14-2015; Ord. No. 2015-05, § 1, 2-25-2015; Ord. No. 2015-06, § 5, 4-8-2015)

"Public parking area" means an open area, other than a street or alley, used for the parking of an automobile and available for public use whether free, for compensation or as an accommodation for clients or customers.

(Ord. 87-2 § 3.10 (part), 1987)

"Automobile parking space" means space within a public parking area, or a building, exclusive of driveways, ramps, columns, office and work area, for the temporary parking or storage of one automobile.

(Ord. 87-2 § 3.10 (part), 1987)

"Public and quasi public uses" include such uses as cemeteries, churches, corporation yards, fire stations, hospitals, parks, public utility distribution stations, schools, communication equipment buildings, nursing homes, emergency shelters, transitional housing, supportive housing, state licensed large residential care facilities, etc.

(Ord. 87-2 § 3.10(part), 1987; Ord. No. 2009-06, § 2(Exh. A-8), 9-9-2009)

Any state licensed family home, group care facility or similar facility family home, group care facility, or similar facility providing twenty-four-hour non-medical care for up to six (6) persons in need of personal services, supervision or assistance essential for sustaining the activated of daily living or for the protection of the individual.

(Ord. No. 2009-06, § 2(Exh. A-5), 9-9-2009)

Any state licensed family home, group care facility or similar facility family home, group care facility, or similar facility providing twenty-four-hour non-medical care for more than six (6) persons in need of personal services, supervision or assistance essential for sustaining daily living or for the protection of the individual.

(Ord. No. 2009-06, § 2(Exh. A-5), 9-9-2009)

"Street" means a public thoroughfare including public roads which afford principal means of access to abutting property.

(Ord. 87-2 § 3.10 (part), 1987)

"Structural alterations means any change of the supporting members of a building or structure such as bearing walls, columns, beams, or girders.

(Ord. 87-2 § 3.10 (part), 1987)

"Structure" means anything constructed or erected which requires location on the ground or attached to something having location on the ground including swimming pools, decks and satellite dishes, but not including fences or walls used as fences.

(Ord. 87-2 § 3.10 (part), 1987)

"Use" means the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

(Ord. 87-2 § 3.10 (part), 1987)

"Yard" means an open space other than a court, or a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title. There shall be no projections into public utility easements.

(Ord. 87-2 § 3.10 (part), 1987)

"Front yard" means a yard extending across the full width of the lot between the most front main building and the front lot line. The depth of the required front yard shall be measured horizontally from the nearest point of the building to the front lot line.

(Ord. 87-2 § 3.10 (part), 1987)

"Rear yard" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest point of the building of the rear lot line.

(Ord. 87-2 § 3.10 (part), 1987)

"Side yard" means a yard, between a main building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the main building to the side lot line.

(Ord. 87-2 § 3.10 (part), 1987)

"Zone" means a portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title.

(Ord. 87-2 § 3.10 (part), 1987)