The purpose of the R3 high density multiple-family residential zone is to implement the general plan urban high density land use designation. The primary purposes are to provide lands where greater density to accommodate affordable housing sites as required by the housing element. Suitable lands shall contain public sewer service, a public water supply, dry utilities, and have frontage on an improved city street with adequate capacity. To the extent possible, selected sites should be within walking distance of schools, shopping, parks and located on or in close proximity to a public transit route. Having access to such city services and facilities will minimize development costs and daily living expenses.

The provisions of the chapter supersede other sections of the Zoning Code. To the extent that this chapter is silent regarding other requirements of the Zoning Code, those applicable provisions shall apply. The city planner shall clarify any provisions herein or otherwise interpret and apply the applicable provisions of the Zoning Code as long as said interpretation or clarification is consistent with the requirements and/or standards of this chapter.

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

In the R3 zone, the following uses are permitted.

A.

Multiple-family dwellings in one detached building or groups of attached dwellings meeting the density standards in Section 17.30.070.

B.

Transitional and Supportive housing subject only to those restrictions that apply to other types of residential development in the same zone.

(Ord. No. 2009-06, § 2(Exh. A-2), 9-9-2009; Ord. No. 2023-07, § 4, 8-9-2023)

The following accessory uses are permitted:

A.

One announcement or nameplate, not over two (2) square feet in area if attached flat against the building.

B.

Building mounted or free standing monument signs with a maximum size of twenty-four (24) square feet are permitted if incorporated into the landscaping. Signs shall be subject to design review by the architectural review committee.

C.

Other accessory uses and accessory buildings customarily appurtenant to a permitted use including, but not limited to recreational buildings or facilities, laundry areas, gathering places, swimming pools and other outdoor recreational facilities. All such accessory uses are subject to the requirements of Section 17.80.010 of this title.

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

The following conditional uses are allowed:

A.

Any multiple family residential development application that is less intense than sixteen (16) units per acre.

B.

A multiple family development meeting the density requirements of Section 17.30.070 A. intended as an ownership project through a tentative map. The use permit could establish flexible site development standards as provided in Sections 17.68.230 and 17.68.240.

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

On a site specific basis, the maximum building height in the R3 zone is forty (40) feet or three stories whichever is less. Specific height provisions for individual sites may be included in Section 17.30.100.

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

The following minimum requirements shall be observed unless alternative (may be less restrictive) standards are provided for individual sites in Section 17.30.100:

A.

Lot width, seventy-five (75) feet for newly created lots.

B.

Side yards, five (5) feet to the eave overhang with an additional five (5) feet for each story;

C.

Front yards, ten (10) feet to the building façade, five (5) feet for a front porch or non-living area entryway structure;

D.

Rear yards, twenty (20) feet.

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

A.

The maximum density shall be established at sixteen (16) units per acre or one (1) unit per two thousand seven hundred twenty-two (2,722) square feet of land area.

B.

The minimum lot size for a newly created lot shall be 0.5 acres or twenty-one thousand seven hundred eighty (21,780) square feet.

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

A.

Ministerial site plan review. A permitted high density multiple family residential development project meeting the density standards contained in Section 17.30.070 and one that contains a mixture of dwelling unit sizes as provided in Section 17.30.090 A. shall be subject to:

1.

Submittal of a site plan application in accordance with Section 17.88.010.

2.

Said site plan shall be reviewed as a ministerial permit by the city planner, without a public hearing.

3.

The city planner shall approve the site plan application upon a determination that all requirements of this section as well as applicable city municipal code development standards have been met and all adopted health and safety standards administered by other city departments and agencies are satisfied.

4.

The site plan submittal shall be based on filing requirements established by the city planner and will include the payment of applicable processing fees.

5.

When a proposed development meets the 16 units per acre density standard of the R3 zoning designation, tree removal shall be reviewed by the City Planner.

B.

Design review. Following site plan review and approval by the city planner, the planning commission, serving as the architectural review committee, shall review the building architecture design (Section 17.30.090 G., H. and special site specific architectural features contained in Section 17.30.100), landscaping (Section 17.30.090 D.), monument sign design (17.30.030 B.) and lighting (Section 17.30.090 E.) of the project.

(Ord. No. 2009-06, § 2(Exh. A-2), 9-9-2009; Ord. No. 2023-07, § 2, 8-9-2023)

Development in the R3 district shall comply with the following provisions:

A.

Each multiple family development project developed in accordance with this chapter shall include at least one each of the following unit types:

1.

Studio and/or one bedroom,

2.

Two bedrooms, and

3.

Three or more bedrooms.

B.

Maximum building and impervious surface coverage 80 percent

C.

Parking standards.

1.

General parking standards shall conform to Section 17.80.030 A.—F. Parking design and construction standards shall meet the requirements in Section 17.80.040

2.

Special parking standards.

• One motorcycle parking space (3′ × 6′) may substitute for one required automobile space for each twenty-five (25) spaces, provided that said substitution would not apply to disabled parking spaces.

D.

Landscaping shall meet the standards provided in Sections 17.80.060 and 17.80.070 and is subject to review by the architectural review committee. A preliminary or final landscape plan shall be submitted for review and approval to the city planner as part of the site plan application. The architectural review committee shall approve the landscape plan following the city planner's review and recommendation.

E.

Lighting standards. See Section 17.80.200. The lighting plan is subject to review by the architectural review committee.

F.

Building envelopes/constraints. As sites are zoned to the R3 zone, special development standards in the form of building envelopes can be established for setbacks, tree protection, environmentally sensitive lands, bufferyards (Section 17.80.080), steep slopes (Section 17.80.110), stream zones (Section 17.80.120) and other site development features. Those unique site development standards shall be identified in Section 17.30.100 and shall be adhered to in the ministerial site plan application review process.

G.

Architectural site precedents. Basic architectural themes for the development of a site may be identified as part of the unique development standards contained in Section 17.30.100 and shall be adhered to in the ministerial site plan application review process.

H.

Site development features. The following site layout and development features should be adhered to:

1.

Parking shall be provided behind buildings, in the rear of the site or accessed from alleys or screened from view of the public street.

2.

Parking may back out onto a dead end public street.

3.

Front setback hardscape in the form of walkways, driveways or other hardcover pavement shall not exceed twenty-five (25) percent

4.

Buildings should be oriented to form interior courtyards and commons spaces

I.

Architectural features. Building architecture shall respect the Mother Lode style common in Nevada City as referenced in Section 17.88.040 C. Where such style is not represented in the immediate neighborhood or setting, the architecture shall reflect the character of the neighborhood through the incorporation of key elements such as roof pitch, window types and style, siding, trim elements, similar color palate, etc. The following architectural features should be adhered to for buildings fronting the street as determined by the architectural review committee:

1.

Building separation, changes in plane and height through building articulation elements including, but are not limited to:

• Balconies

• Porches

• Pitched roofs

• Overhanging roofs with gabled ends

• Building entries with covered porches

• Multi-pane, vertical bay windows

• Dormers

• Secondary hipped or gabled roofs (mansards are prohibited)

• Change in wall plane (pop outs, projections, etc.) for buildings that exceed twenty-four (24) feet in length

• Split level building heights fronting the street or backed up to a scenic highway

J.

Other standards.

1.

Grading and site improvement plans shall be reviewed and approved by the city engineer prior to building permit issuance.

2.

Meet the site construction air quality best management practices of the Northern Sierra Air Quality Management District.

3.

Add the following statement to all ministerial site plan approvals in the R3 zone to ensure that human remains are not inadvertently disturbed through site development activities:

"The project applicant for any R3 zoned property shall include a note on all grading/improvement plans advising contractors and construction personnel involved in any form of ground disturbance of the possibility of encountering subsurface human remains. If such resources are encountered or suspected, work shall be halted immediately and the construction contractor shall contact the Planning Department. If bones are encountered and appear to be human, the Nevada County Coroner and the Native American Heritage Commission shall be contacted. If the resources encountered are Native American in origin, Native American tribes and individuals recognized by the County shall be notified and consulted about any plans for treatment."

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

The following specific site development standards apply to parcels zoned R3. Such standards shall be adhered to as part of the ministerial site plan application submitted for a review and approval to the city planner as required by Section 17.30.80. Site maps with required building envelopes, design features and/or other site development standards are included below for each parcel/site. Special site development standards for R3 zoned parcels shall be included in the adopting ordinance.

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