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Nevada City City Zoning Code

CHAPTER 17

24 - R1 SINGLE-FAMILY RESIDENTIAL ZONE

17.24.010 - Purpose.

The purpose of the R1 zone is to stabilize and protect the residential characteristics of district and to promote and encourage a suitable environment for family. The R1 zone is intended to be used only for single-family homes and service appurtenant thereto. This zoning district is consistent with the single-family and mixed residential General Plan designations.

(Ord. 87-2 § 4.03-01, 1987)

17.24.020 - Principal permitted uses.

In the R1 zone, the following uses are permitted.

A.

Single-family dwelling.

(Ord. 87-2 § 4.03-02, 1987)

17.24.030 - Accessory uses.

A.

There may be kept miscellaneous household pets and not to exceed two cats and two dogs over ten weeks of age; and backyard chickens pursuant to Section 17.24.080.

B.

One announcement or nameplate not over two square feet in area, and attached flat against the building;

C.

Other accessory uses and accessory buildings customarily appurtenant to a permitted use subject to the requirements of Section 17.80.010 of this chapter.

D.

Small residential care homes that are state licensed and accommodate no more than six individuals, including, but not limited to foster homes, residential care facilities, etc.

(Ord. 87-2 § 4.03-03, 1987; Ord. No. 2009-06, § 2(Exh. A-6), 9-9-2009; Ord. No. 2011-07, Exh. A, 3-23-2011)

17.24.040 - Conditional uses.

In the R1 zone, the following are conditional uses:

A.

Same as permitted in the RR rural residential zone;

B.

Clustered single-family dwellings when approved as a part of a planned development zoned project or a planned development use permit, with densities not to exceed four units per acre.

(Ord. 87-2 § 4.03-04, 1987)

17.24.050 - Height regulations.

Height regulations in the R1 zone are the same as defined in the RR rural residential zone.

(Ord. 87-2 § 4.03-05, 1987)

17.24.060 - Development standards.

The following minimum requirements shall be observed in the R1 zone, except where increased for conditional uses:

A.

Lot area, ten thousand square feet;

B.

Lot width, twenty-five feet;

C.

Front yard, thirty feet;

D.

Side Yard.

1.

Street side of corner lot, ten feet,

2.

Interior side, five feet,

E.

Rear yard, twenty-five feet.

(Ord. 87-2 § 4.03-06, 1987)

17.24.070 - Other required conditions.

All uses in the R1 zone are subject to the provisions of Chapter 17.80 of this title.

(Ord. 87-2 § 4.03-07, 1987)

17.24.080 - Backyard chickens.

This section provides requirements and performance standards for the raising and keeping of backyard chickens on residential parcels as follows:

A.

Definition. Backyard chicken shall mean a domestic chick or hen kept on a residential lot. For purposes of this chapter, "backyard chickens" means a domestic chick or hen kept on a residential lot and does not include roosters or Guinea Hens or exotic varieties that are noisy.

B.

Permit requirement. A permit shall be required for the raising or keeping of backyard chickens on any R1 zoned parcel. A permit shall be submitted and signed by the property owner. The permit is to be processed ministerially by staff and approved by two (2) staff members, and accompanied by a filing fee in an amount to be determined by resolution of the city council.

The permit shall contain the following information to ensure the raising of chickens will not have any adverse impacts on surrounding properties:

1.

Site plan, drawn to scale, indicating the locations of the existing residence and other buildings on the property.

2.

Distances of buildings from the property lines.

3.

Location of coop and distances from other buildings and the property lines.

4.

Description of coop construction, including size and materials.

5.

Owner acknowledgement of receiving city-approved information which includes guidelines for successful chicken raising, coop construction, predator control, manure management, control of odors and flies, etc.

6.

A site plan indicating the locations of the residence and the coop from the property lines, and sufficient information to ensure the raising of chickens will not have any adverse impacts on surrounding properties.

C.

Use requirements. The raising of backyard chickens shall only be allowed on properties containing a single family dwelling with a fenced rear yard area. Backyard chickens and their eggs are to be used for domestic uses only.

D.

Lot size requirement. The following table identifies the maximum number of backyard chickens allowed on a single residential parcel.

MAXIMUM ALLOWABLE BACKYARD CHICKENS

Zoning District Minimum Lot Size Maximum Number
R1-Single Family 2,500 sq. ft. 2
5,000 sq. ft. 4
10,000 sq. ft. and greater 6

 

E.

Shelter requirement. A coop shall be provided that meets the following minimum standards:

1.

Be predator-proof from the sides, the top, and from below and built for the purpose of protecting the backyard chickens from predators (raccoons, dogs, bears, etc.).

2.

The coop must be located in the rear of the property and behind the residence.

3.

The coop must be located closer to the owner's residence than any surrounding residences or at least twenty (20) feet from the nearest abutting residence. In no case shall the coop be located less than five (5) feet from any property line.

F.

Feed storage. All feed for the chickens shall be stored within an enclosed container to prevent the attraction of vermin.

G.

Manure management. All chicken manure produced from the backyard chickens shall be managed in a manner that prevents odors, flies and pests.

H.

Erosion and drainage control plan. The permit shall include an erosion and drainage control plan to be approved by the city engineer. The plan shall provide measures to be taken to ensure that backyard chickens will not cause watershed contamination onto adjoining properties and that proper drainage measures are taken.

I.

Prohibited uses. The following are prohibited uses:

1.

Commercial sales of chickens or eggs.

2.

Slaughtering processes.

3.

Roosters.

4.

Guinea Hens (or other types of fowl, including exotic breeds that are noisy).

(Ord. No. 2011-07, Exh. A, 3-23-2011)