This Chapter shall be known as the "Nevada County Zoning Ordinance." This Chapter is adopted pursuant to Section 11 of Article XI of the Constitution of the State of California and in compliance with Title 7 of the Planning and Zoning Law of the California Government Code for the purpose of promoting the health, safety and general welfare.

The zoning ordinance is adopted in order to achieve the following objectives:

A.

To serve as the primary tool to implement and ensure consistency with the goals, objectives, and policies of the Nevada County General Plan based upon the following central themes:

1.

Fostering a rural quality of life.

2.

Sustaining a quality environment.

3.

Development of a strong diversified, sustainable local economy.

4.

Planned land use patterns to determine the level of public services appropriate to the character, economy, and environment of each region.

B.

To provide for the development of Nevada County as a balanced community with adequate amounts of land zoned in each district to achieve a balance among housing, employment, retail and commercial services, recreation, and public facilities.

C.

To provide for adequate mechanisms and standards to regulate the surface and subsurface uses of land, structures to meet the needs of residents, commerce, industry, agriculture, forestry, and other purposes in appropriate places.

D.

To provide for land use regulations that are clear, concise, enforceable, and effectively implement Nevada County General Plan provisions in a reasonable and balanced fashion.

E.

To provide for conservation of natural amenities, such as open space, wetlands, native vegetation, and wildlife.

(Ord. 2533. (12/05/2023))

A.

General Application. The Nevada County Zoning Ordinance applies to all land uses and development within the unincorporated areas of the County of Nevada. Ordinance provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare.

It is unlawful for any person or public agency to establish, construct, reconstruct, alter, replace, or allow any use of land or structure, unless:

The use is allowed by Chapters governing Zoning Districts within the zoning district and any combining districts that apply to the subject site, consistent with the standards of the Nevada County Zoning Ordinance and

1.

The use of land or structure satisfies all applicable requirements of this Chapter, including but not limited to, minimum parcel size, density, intensity of use, and all development standards, and any Development or Use Permit or other approval required by Chapters governing Zoning Districts is first obtained as provided by and Enforcement, and any applicable conditions of approval are first satisfied; or

2.

The use or structure is determined to be legal and nonconforming, and any changes in such use or structure are consistent with section governing Legal Nonconforming Uses and Structures.

B.

Other Easements, Covenants, or Agreements. It is not intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties. However, where this Chapter imposes a greater restriction upon the use of structures or premises or upon height of structures or requires larger space than is imposed or required by other ordinances, rules or regulations, or by easements, covenants or agreements, the provisions of this Chapter shall govern.

C.

Inapplicable Uses. The provisions of this Chapter shall have no application to pipelines, regulators, meters and appurtenances, insofar as the State of California or the Public Utilities Commission has preempted the field or passed specific laws or binding regulations concerning the County, excluding structures, directly or indirectly for service to the public or any portion thereof by persons, firms or corporations.

In addition, specified uses as found in "Permit Exceptions" in this Code, are exempt from the provisions of this Chapter. Nothing contained in this Chapter shall require any change in the plans, construction or designated use of a structure for which a building permit has heretofore been issued and upon which actual construction has begun.

Any structure, use, variance, plan, Use Permit, building permit, etc., granted under provisions of Ordinance Nos. 196. (09/10/1954), 207. (12/15/1955), 500. (11/10/1970), or 2529. (09/12/23) and amendments thereto, shall be valid in accordance with the provisions and conditions under which it was originally approved.

D.

References to Other Sections and Chapters. All references to other sections and/or chapters are to those sections and chapters contained in this Chapter, unless otherwise specified.

E.

Requests for Reasonable Accommodations. To provide a process for making reasonable accommodation to land use and zoning decisions and procedures regulating the siting, funding, development and use of housing for persons with disabilities, applicants can file a request for reasonable accommodation to the Planning Department, subject to approval by the Planning Director, who shall apply the following decision-making criteria:

1.

The request for reasonable accommodation will be used by an individual with a disability, as that term is defined under the California Fair Employment and Housing Act, and the Federal Fair Housing Amendments Act of 1988 (collectively "Acts").

2.

The requested accommodation is necessary to make housing available to an individual with a qualifying disability under the Acts.

3.

The requested accommodation would not impose an undue financial or administrative burden on the County.

4.

The requested accommodation would not require a fundamental alteration in the nature of the County's land-use and zoning program.

F.

Spheres of Influence. All development within a City/Town Sphere of Influence may be required to show adequate provision of public services consistent with the adopted Sphere of Influence Plan, and conformance with compatible City/Town zoning designations prior to approval and/or annexation.

(Ord. 2529. (09/12/2023))

A.

Adoption. Each zoning district map of the County is adopted as part of this Chapter. All regulations governing the uses of land and structures, site development standards, and other provisions as set forth in this Chapter, are applicable to the districts shown on each of the zoning district maps of the County.

B.

Deemed Part of Chapter. Each zoning district map showing the classification and boundaries of districts, after its final adoption in the manner required by law, shall be and become part of this Chapter and said map and all notations, references and other information shown thereon shall thereafter be as much a part of this Chapter as if all the matters and information set forth by said map were fully provided herein.

C.

Boundary Establishment. The boundaries of the districts mentioned are those shown on any zoning district map adopted by this Chapter. The regulations of this Chapter governing the uses of land and structures, site development standards, and other provisions as set forth in this Chapter, are to be established and declared to be in effect on all land included within the boundaries of each district shown on each zoning district map.

D.

Boundary Establishment by Description. Where zoning district maps are established and it is deemed impractical to re-publish the entire map, amendments (changing property from one zone to another) can be accomplished by the adoption of an amending ordinance which describes and illustrates the area to be rezoned. The Planning Department shall cause such amendments to be reflected on the zoning district maps, by the amending ordinance number, within thirty (30) days of the adoption of the ordinance.

E.

Map Maintenance. The official zoning district maps shall be maintained by and kept on file in the Planning Department.

(Ord. 2519. 03/14/22023; Ord. 2528. 07/11/2023); Ord. 2533. (12/05/2023))

The Planning Director has the responsibility and authority for interpreting the requirements of this Chapter.

A.

Definitions. Words, phrases and terms shall have the meaning ascribed to them for purposes of this Chapter. Words, phrases and terms defined in individual sections shall have the meaning ascribed to them for purposes of those chapters. All other words shall be as defined in the latest edition of Webster's New International Dictionary of the English Language.

B.

Language. When not inconsistent with the context, words in the singular include the plural, words in the plural include the singular. When used in this Chapter, the word "shall" is mandatory, and the words "should" or "may" are permissive or discretionary.

Whenever a number of days is specified in this Chapter, or in any permit, condition of approval or notice issued as provided in this Chapter, such number of days shall be construed as calendar days, except that such time limits shall extend to the following working day where the last of the specified number of days falls on a weekend or holiday.

When interpreting and applying the regulations of this Chapter, any such interpretations shall not supersede the provisions of the code and shall be limited to clarifying and supplementing the code. All such interpretations shall be considered to be the minimum requirement, unless stated otherwise.

C.

Zoning District Boundary. Where uncertainty exists as to the boundaries of any district shown on the Zoning districts maps, the following rules shall apply:

1.

Where a boundary is shown as approximately following a parcel line, the parcel line shall be deemed to be the boundary.

2.

Where a boundary is not shown to include an adjacent street, alley, or railroad, the boundary shall be deemed to extend to the centerline of the right-of-way. Where a public street, alley, or railroad is officially vacated or abandoned, the regulations applicable to the property to which it reverts shall apply to such vacated or abandoned area.

3.

Where a boundary is shown as approximately following a physical feature such as a stream, drainage channel, topographic contour line, or power line, the boundary location shall be determined by the Planning Director, based upon the character of the particular feature used as a boundary.

4.

Where a boundary crosses a parcel rather than following a property line, so that a single parcel is covered by two (2) zoning districts, the maximum number of parcels allowed shall equal the sum of the potential number of parcels for each district, rounded down to a whole number. For example, a 43-acre parcel is divided between "AG-10" (thirty-one (31) acres) and "AG-30" (12 acres). The potential number of parcels for each district is three and one-tenth (3.1) parcels for the "AG-10" area and four (4) parcels for the "AG-30" area. The sum of the potential number of parcels rounded down to a whole number is three (3) parcels.

5.

Where the Planning Director determines through review of the public record of the Board of Supervisors hearing and action on a rezoning that a zoning boundary or other information on a zoning district map has been drafted in error, the Director shall have the authority to correct the error to make the map consistent with the action of the Board.

6.

In all other cases where any uncertainty exists, the Planning Commission shall make recommendations on the location of boundaries to the Board of Supervisors.

D.

Zoning District Land Use Interpretation. If a proposed use of land is not listed in Zoning Districts, the Planning Director may determine the use to be allowable if the Director finds the use will:

1.

Be consistent with the goals, objectives, and policies of the Nevada County General Plan;

2.

Meet the purpose and intent of the zoning district that is applied to the site;

3.

Share characteristics common with those listed in the district and not be of greater intensity or density, generate greater impact on public facilities and services, or generate more environmental impact than the uses listed in the district; and

4.

Be treated in the same manner as the listed use including determining where it is allowed, what permits are required, and what standards affect its establishment.

Determinations that specific unlisted uses are equivalent to listed uses will be recorded by the Planning Department and will be incorporated into the ordinance when amendments to the ordinance are next considered.

The Planning Director may forward questions concerning equivalent uses directly to the Planning Commission for determination at a public hearing.

E.

Appeal. Any determination or interpretation by the Planning Director may be appealed to the Board of Supervisors consistent with provisions of this Chapter.

(Ord. 2533. (12/05/2023))

If conflicts occur between different requirements of this Chapter, including but not limited to conflicts between text and tabular provisions, or between provisions of this Chapter and requirements imposed by other provisions of the Nevada County Codes or other laws, rules, and regulations, the more stringent development requirement or greater restriction on the use of land or structures shall apply.

(Ord. 2533. (12/05/2023))