A.

Zoning Districts. In order to classify, restrict and regulate the uses of land and structures and to regulate and restrict the height and bulk of structures and to regulate the area of yards, courts and other open spaces about structures, the unincorporated limits of the County of Nevada are hereby divided into districts. The following lists all base and combining districts, grouped by land use category. Each district's name and zoning district map symbol are included:

B.

District Provisions. All base districts are grouped by like category, including residential, rural, commercial, industrial, and special purpose, and are presented in tabular format. The individual base district Allowable Use Tables provide allowable uses and permit requirements for all base districts. The individual base districts grouped by category provide for the following:

1.

Allowed land uses listed by general type of use.

2.

Permit requirements for each land use, requiring either zoning compliance review, Development Permit, or Use Permit, as provided for in Administration and Enforcement.

3.

Specific land use standards for selected uses as provided for in Specific Land Use Standards.

4.

Site development standards as provided for in Site Development Standards.

Combining districts may combine with a base district and provide specialized requirements depending upon the combining district's intent. All proposed land uses must be consistent with the purpose and comply with all provisions and standards of both the base and combining districts.

Numerical symbols may combine with a base district to show the minimum parcel size (e.g. RA-1.5), the maximum density (e.g. AG-6 upa or units per acre), or the number of dwelling units allowed (e.g. R2-36 du or dwelling units).

C.

Permit Requirements. The Allowable Uses and Permit Requirements Tables provide direction on the type of review and/or permit required, as follows:

1.

Zoning Compliance (shown in the Tables as A): Uses associated with zoning compliance are those determined to be most clearly consistent with the purpose of the applicable district. They provide for the most basic review process and normally involve no or minimal development. Examples include farming, single-family dwellings, and accessory uses. Zoning Compliance Section provides more detailed procedures and standards.

2.

Development Permits (shown in the Tables as DP): Uses associated with a Development Permit are those that are generally consistent with the purposes of the zoning district but require careful review to ensure compliance with site development standards. An Administrative Development Permit is needed for smaller projects and a Zoning Administrator Development Permit is needed for larger projects. Zoning Administrator Development Permits require a public hearing. Development Permits section provides more detailed procedures and standards.

3.

Use Permit (shown in the Tables as UP): Uses associated with a Use Permit are those that may be compatible in a particular zoning district depending on the specific use, its design, and the characteristics of the proposed site and surrounding area. Such uses may raise important policy issues or create land use conflicts if not carefully designed and located. Use permits for smaller projects require a public hearing before the Zoning Administrator. Use permits for larger projects require a public hearing before the Planning Commission. Use Permits section provides more detailed procedures and standards.

The Tables also make reference to Not Permitted (NP) uses (not allowed within the zoning district), Mixed Uses (M) (allowed as part of a mixed-use project), Not Applicable (NA) uses (do not apply to a specific zoning district), and uses that Vary in applicability (Varies) (refer to Zoning Regulations Section for allowable uses and permit requirements).

D.

Permit Exemptions. The land use permit requirements of this Chapter may not apply to the following:

1.

Ordinary repairs and maintenance, if the work does not result in any change in the approved land use of the site or structure, or the addition to, enlargement, or expansion of the structure.

2.

Activities of the Federal Government on leased or Federally-owned land, when used exclusively for a governmental purpose, unless otherwise designated by the Federal Government.

3.

Activities of the County of Nevada or any District that the Board of Supervisors governs.

4.

Activities of the State of California or an agency of the State acting in its sovereign capacity on leased or State-owned land when used exclusively for a governmental purpose, unless otherwise designated by the State.

5.

Certain school, water, wastewater, and electrical power facilities of local agencies as provided by Cal. Gov't Code §§ 53091—53097.5.

While such requirements do not apply to the County of Nevada activities, the County shall strive to comply with such requirements to the maximum extent possible. The County shall also encourage other governmental agencies as listed above to comply with such requirements to the maximum extent possible. Even if such agencies are otherwise excluded from compliance, they should still consider the regulations and standards in the implementation of their project.

E.

Temporary Uses. Temporary use requirements are in the Specific Land Use.

F.

Other Permits. An allowed land use that has obtained a required land use permit may still be required to obtain other permits before the use is constructed or otherwise established and put into operation. Nothing in this Section shall eliminate the need to obtain subdivision approval or any building, grading, or other permit as may be required by other County Departments or Federal or State agencies.

The individual base district tables grouped by category provide a summary of allowable uses and permit requirements for all base districts, as well as specific land use standards for selected uses as provided for in Specific Land Use Standards and site development standards as provided for in Site Development Standards. Following the provisions for base districts are provisions for combining districts.

(Ord. 2229. (01/09/2007); Ord. 2206. (05/23/2006); Ord. No. 2146. (05/27/2004); Ord. 2127. (09/25/2003); Ord. 2123. (07/31/2003); Ord. 2090. (07/09/2002); Ord. 2037. (10/03/2000); Ord. 2533. (12/05/2023))

A.

Purpose of Section.

1.

To reserve neighborhood areas for residential living with a broad range of dwelling unit densities and types. Development within any district shall ensure consistency with General Plan densities and policies.

2.

To provide lands to accommodate an adequate supply of housing to meet the diverse needs of the residents.

3.

To protect residential neighborhoods from incompatible land uses and excessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences; retain the scale and character of existing residential neighborhoods.

4.

To ensure adequate levels of public facilities and services, minimize traffic congestion, and facilitate the provision of public improvements commensurate with anticipated increases in housing.

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

A.

Purpose of Single-Family.

1.

RA (Residential Agricultural). The RA District establishes provisions for low density single-family dwellings, as well as other dwelling unit types in keeping with the rural character of the area, at densities equivalent to one and one-half (1.5) acre minimum parcel size, or three (3) acre minimum parcel size where neither a public water nor public sewer system is available. Within the Residential and Estate General Plan designations, the single-family dwelling is of primary importance and agricultural uses are secondary. Within Rural General Plan designations, agricultural operations and natural resource related uses and residential uses are of equal importance.

2.

R1 (Single-Family). The R1 District implements the General Plan's Urban Single-Family designation. It is intended to provide for single-family dwellings, duplexes, duets, four-plexes, as well as other dwelling unit types, at densities of up to four (4) dwelling units per acre.

Table 12.02.210.B
Single-Family Districts Allowable Uses and Permit Requirements

Key to Land Use Permit Requirements:

A — Allowed subject to zoning compliance and building permit issuance

DP — Development Permit required per Section 12.05.050

UP — Use Permit required per Section 12.05.060

NP — Not Permitted

NA — Not Applicable

Varies — Refer to listed Title 12 Section for allowable uses and permit requirements.

Footnote:

⁽¹⁾  Duplexes, duets, and four-plexes may be allowed in Community Regions, or on a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau, consistent with underlying General Plan/Zoning densities and minimum water and sewage disposal requirements.

⁽²⁾  A proposed housing development containing no more than two (2) residential units within a single-family residential zone consistent with Cal. Gov't Code § 65852.21 shall be considered ministerially on a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

(Ord. 2467. (05/14/2019); Ord. 2533. (12/05/2023))

Table 12.02.210.C
Single-Family Districts Site Development Standards

Key to Site Development Standards:

ROW — Right-of-way, Ultimate (see definition in this Chapter)

C/L — Centerline

ZONING CHAPTER SECTION — Refer to Listed Zoning Chapter Section for site development standards

Footnotes:

⁽¹⁾  Setbacks may be reduced on parcels less than three (3) acres subject to Section governing Exceptions to Building Setbacks.

⁽²⁾  Check General Plan Policy 1.23 for more restrictive standards.

⁽³⁾  The minimum parcel size and road frontage required for subdivisions and boundary line adjustments is that shown on the table. Where exceptions pursuant to Section 12.04.030 clustering or a Planned Development is utilized, minimum parcel size and road frontage can vary if adequate provisions are made for the appropriation of water and disposal of sewage consistent with this Code and the protection of public health, safety and welfare. (See Section governing Clustering.)

⁽⁴⁾  For subdivisions, flagpole parcels shall have a minimum frontage width of fifty (50') feet. The "flag" portion of the parcel shall meet the minimum road frontage standards of a conventional parcel.

⁽⁵⁾  For arterial and collector roads, the front yard setback shall be twenty (20') feet and the exterior side yard setback shall be fifteen (15) feet from the existing or ultimate right-of-way, whichever is greater. (See Section governing Building Setbacks, 12.04.140)

⁽⁶⁾  Maximum impervious surfacing may be increased to sixty (60) percent for support uses requiring a use permit. In such instances, retention/detention facilities shall be incorporated into the design of those projects that could result in flood damage to downstream uses.

* Subdivision development feature: For any subdivision where agricultural water is already provided to the parcel, an agricultural water easement shall be required for all parcels created by the subdivision.

(Ord. 2447. (03/13/2018); Ord. 2441. (Adopted 09/12/17, Eff. 10/12/2017); Ord. 2427. (01/24/2017); Ord. 2366. (08/13/2013; Ord. 2339. (07/12/2011); Ord. 2529. (09/12/2023); Ord. 2533. (12/05/2023))

A.

Purpose of Multi-Family.

1.

R2 (Medium Density). The R2 District implements the General Plan's Urban Medium Density Designation and provides for moderate density multiple-family housing, as well as other dwelling unit types. Densities of up to eight (8) dwelling units per acre within incorporated area's spheres of influence, and six (6) dwelling units per acre elsewhere are permitted. This District is appropriate for the development of affordable housing through clustering of residences or other design techniques.

2.

R3 (High Density). The R3 District implements the General Plan's Urban High Density Designation and provides for high density multiple-family housing, as well as other dwelling unit types. Densities of up to twenty (20) dwelling units per acre within incorporated area's spheres of influence and fifteen (15) units per acre elsewhere are permitted unless otherwise designated on the official zoning map.

This District is designed to facilitate development in urbanized areas. Coupled with planned development combining district regulations, it can be utilized to take advantage of the condominium development technique to provide and preserve open space.

To promote the construction of affordable housing, the County will strongly encourage development of single-family and multi-family residential projects at the maximum practical densities provided by the district, subject to limitations which may be imposed by environmental and public service constraints, as well as County development standards. This District is appropriate for the development of affordable housing through clustering of residences or other design techniques.

Table 12.02.022.B
Multi-Family Districts Allowable Uses and Permit Requirements

Key to Land Use Permit Requirements:

A — Allowed subject to zoning compliance and building permit issuance

DP — Development Permit required per Section 12.05.050

UP — Use Permit required per Section 12.05.060

NP — Not Permitted

NA — Not Applicable

Varies — Refer to listed Zoning Section for allowable uses and permit requirements

Footnote:

⁽¹⁾  Not permitted, unless it can be proven that single-family development will otherwise produce and guarantee low and moderate income housing.

(Ord. 2467. (05/14/2019); Ord. 2529. (09/12/2023); Ord. 2533. (12/05/2023))

Table 12.02.220.C
Multi-Family Districts Site Development Standards

Key to Site Development Standards:

ROW — Right-of-way, Ultimate (see definition in this Chapter)

C/L — Centerline

12 SECTION — Refer to listed Zoning Section for site development standards

Footnotes:

⁽¹⁾  Setbacks may be reduced on parcels less than three (3) acres subject to Section Building Setbacks Codes.

⁽²⁾  Check General Plan Policy 1.23 for more restrictive standards.

⁽³⁾  The minimum parcel size and road frontage required for subdivisions and boundary line adjustments is that shown on the table. Where exceptions pursuant to Section 12.04.030, clustering or a Planned Development is utilized, minimum parcel size and road frontage can vary if adequate provisions are made for the appropriation of water and disposal of sewage consistent with this Code and the protection of public health, safety and welfare. (See Clustering)

⁽⁴⁾  For subdivisions, flagpole parcels shall have a minimum frontage width of fifty (50') feet. The "flag" portion of the parcel shall meet the minimum road frontage standards of a conventional parcel.

⁽⁵⁾  For arterial and collector roads, the front yard setback shall be twenty (20') feet and the exterior side yard setback shall be fifteen (15') feet from the existing or ultimate right-of-way, whichever is greater. (See Section governing Building Setback.)

⁽⁶⁾  Maximum impervious surfacing may be increased to sixty percent (60%) for support uses requiring a use permit. In such instances, retention/detention facilities shall be incorporated into the design of those projects that could result in flood damage to downstream uses.

⁽⁷⁾  Twenty (20) dwelling units per acre for areas within incorporated area Sphere of Influence. Elsewhere, fifteen (15) dwelling units per acre.

⁽⁸⁾  Eight (8) dwelling units per acre for areas within incorporated area Sphere of Influence. Elsewhere, six (6) dwelling units per acre.

* Subdivision development feature: for any subdivision where agricultural water is already provided to the parcel, an agricultural water easement shall be required for all parcels created by the subdivision.

(Ord. 2441. (Adopt. (09/12/2017, Eff. 10/12/2017); Ord. 2427. (01/24/2017); Ord. 2366. (08/13/2013); Ord. 2339. (07/12/2011); Ord. 2529. (09/12/2023); Ord. 2533. (12/05/2023))

A.

Purpose of Section.

1.

Preserve the existing open, pastoral character of rural areas, allowing for the development of compatible uses within a rural setting, including lower-density residential uses, agricultural operations and support uses, natural resource production and management, and low-intensity recreation.

2.

Ensure the long-term quality of natural resource values while at the same time ensuring the sustainability of agricultural and logging activities.

B.

Purposes of Individual Districts.

1.

AG (General Agricultural). The AG District provides areas for farming, ranching, agricultural support facilities and services, low intensity uses, and open space. It is consistent with all agricultural-oriented General Plan land use designations, as well as those designations that allow for more intensive uses. Agricultural uses are of primary importance and all other uses are secondary.

2.

AE (Agricultural Exclusive). The AE District provides for the preservation and protection of important agricultural lands that are being used for commercial agricultural production. It is consistent with all agricultural-oriented General Plan land use designations, as well as those designations that allow for more intensive uses. Agricultural uses are of primary importance and all other uses determined to be incompatible with agriculture shall not be permitted.

3.

FR (Forest). The FR District provides areas for the protection, production and management of timber, timber support uses, including but not limited to equipment storage and temporary offices low intensity recreational uses, and open space.

4.

TPZ (Timberland Production Zone). The TPZ District provides for prudent and responsible forest resource management and the continued use of timberlands for the production of timber products and compatible uses. It is established in conformance with the Forest Taxation Reform Act of 1976 and all requirements and restrictions therein shall apply. It is intended to be a district where the land is devoted to the growing and harvesting of timber and for such compatible uses that do not significantly detract from the use of the land for the growing and harvesting of timber.

Land use under this District will be restricted for a perpetual minimum of ten (10) years to growing and harvesting timber and supporting and compatible uses. Such zoning allows land to be valued for property taxation, in general, on the basis of its use for growing and harvesting timber only.

C.

TPZ Standards.

1.

General Provisions. For the purposes of this Section, a TPZ District shall mean an area of land zoned TPZ or proposed to be so zoned, composed of a parcel or contiguous parcels, at least forty (40) acres in aggregate area, with no individual parcel less than ten (10) acres in size.

a.

Property to be zoned TPZ under Cal. Gov't Code § 51112 (Lists "A" and "B") shall not be subject to the requirements of Subsections D.1, D.2, D.3 and D.4. of this Section except where provided in the Forest Taxation Reform Act.

b.

Within ten (10) days of final action to include a parcel within, or delete from, TPZ, the Clerk of the Board of Supervisors shall cause to be recorded an instrument which will serve as constructive notice to prospective buyers of such zoning action.

c.

The owner shall continuously comply with all standards included herein in order to continue to be eligible for the TPZ zoning.

2.

Requirements for Inclusion into TPZ District and Site Development Standards.

a.

A single petition for rezoning and a Joint Timber Management plan may be submitted for any number of contiguous parcels, but the requirements of this Section must be satisfied as to each parcel to be included in the petition;

b.

Each petition shall be accompanied by payment of the processing fee as established by resolution of the Board of Supervisors. A single fee may be collected for each petition regardless of the number of parcels included in the petition;

c.

Submit a map showing the legal description and Assessor's Parcel Number (APN) or numbers of the property proposed to be included in the district; and

d.

Submit a plan for timber management prepared, or approved as to content, for the property by a registered professional forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time as determined by the preparer of the plan, including the following:

1)

Possess a timber inventory on the parcel prepared by a licensed forester;

2)

Conduct regular commercial harvesting operations;

3)

Provide legal and physical access to the property so commercial operations can be carried out;

4)

Disease or insect control has been conducted regularly on the parcel;

5)

Thinning, slash disposal, pruning or other appropriate silviculture work will be conducted regularly on the parcel;

6)

A fire protection system has been developed or there is a functioning fire protection plan;

7)

Erosion control will be conducted on all disturbed soils including, but not limited to, roads, skid trails and landing areas; and

8)

Lands to be zoned TPZ, pursuant to Cal. Gov't Code § 51113, shall also meet the following requirements:

a.

The parcel or parcels shall currently meet the timber stocking standards as set forth in Cal. Pub. Res. Code § 4561 and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel or parcels is located, or the owner must sign an agreement with the Board of Supervisors whereby they agree to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. If the parcel is subsequently included in the TPZ District, and the landowner fails to meet such stocking standards and forest practice rules within this time period, the said Board of Supervisors has grounds for rezoning of the parcel pursuant to the provisions of Cal. Gov't Code § 51121; and

b.

The parcel shall meet at least a Site IV or higher quality class.

3.

Minimum Parcel Size Standards. Lands other than Christmas tree farms to be zoned TPZ pursuant to Cal. Gov't Code § 51113 shall meet the following minimum parcel size standards:

a.

The parcel or parcels included in the petition for TPZ zoning must, together with any adjacent property already zoned TPZ, meet the requirements to form a TPZ District; or

b.

The parcel or parcels each contain at least ten (10) acres and the owners have provided satisfactory evidence that they are unable to include sufficient contiguous property to form a TPZ District, either because the owners of contiguous property do not wish to join in TPZ zoning, are not eligible for inclusion, or cannot be reached.

4.

Christmas Tree Farms. Parcels being considered for timber preserve zoning as Christmas tree plantations shall meet all of the qualifications of this Section except the minimum acreage requirements set out in Subsections 1.a and 3.b above. Such parcels shall also meet the following requirements:

a.

Each parcel shall contain a minimum of three (3) acres.

b.

At the time of consideration for inclusion in the TPZ, a minimum of four thousand (4,000) trees shall have been planted on the parcel, of which one thousand (1,000) or more were planted at least three (3) years prior to the date of consideration;

c.

The timber management plan shall provide for:

1)

Minimum stocking and restocking of at least one thousand two hundred (1,200) trees per acre of plantable land on a rotating basis;

2)

Planting of at least ninety percent (90%) of the land on the parcel which in the opinion of the professional forester is suitable for Christmas tree growing within a reasonable period of time from the date of inclusion in TPZ;

3)

Annual commercial harvesting beginning not later than ten (10) Christmas harvest seasons after the date of inclusion in the TPZ;

4)

Minimum Parcel Sizes for Subsequent Divisions of Property Zoned Timberland Preserve.

d.

Parcels zoned as timberland preserve under this Section may not be divided into new parcels containing less than one hundred sixty (160) acres unless the original owner prepares a joint timber management plan which meets the standards of Subsection C.2 of this Section prepared or approved as to content by a registered professional forester for the parcels to be created. The joint timber management plan shall provide for the management and harvesting of timber by the original and any subsequent owners, and shall be recorded with the County Recorder as a deed restriction on all newly created parcels. Such deed restriction shall run with the land rather than with the owners, and shall remain in force for a period of not less than ten (10) years from the date the division is approved by the Board of Supervisors. Such division shall be approved only by a four-fifths (⅘) vote of the full Board of Supervisors, and only after recording the deed restrictions.

e.

In no case shall the Board of Supervisors approve a division of land zoned TPZ that creates a parcel or parcels which individually contain less than forty (40) acres.

5.

Rezoning from TPZ to Other Zone(s).

a.

Rezoning from a TPZ to a different classification may be initiated by the County Board of Supervisors after a public hearing or may be requested by the property owner at least ninety (90) days prior to the anniversary date of the initial zoning to TPZ. Applications by property owners shall be filed consistent with provisions governing Applications for Amendment to the County of Nevada General Plan or Zoning Ordinance.

Noticing and hearings shall be pursuant to this Code. Upon completion of public hearings before the Planning Commission and Board of Supervisors, and within one hundred twenty (120) days from the filing of the notice to rezone, the Board of Supervisors, by majority vote, may remove the parcel from the TPZ and specify the new zoning classification for the parcel. The new zone approved shall become effective ten (10) years after the date of approval by the Board of Supervisors and shall be so noted on the zoning district map.

b.

An immediate rezoning from TPZ to a new zone, on all or part of a parcel, may be requested by a landowner. Such application shall be filed in the same manner as Subsection a. above. A public hearing before the Board of Supervisors shall be scheduled with notice being given to all owners of lands situated within one (1) mile of the exterior boundary of the land upon which immediate rezoning is proposed.

1)

The Board must make written findings by a four-fifths (⅘) vote that:

a)

The immediate rezoning is in the public interest;

b)

The rezoning would not have a substantial and unmitigated adverse effect upon timber-growing use of adjacent lands within one (1) mile of the exterior boundaries of the land to be rezoned;

c)

The soils, slopes and watershed conditions would be suitable for the uses proposed if the conversion were approved;

d)

There is no nearby land suitable for an alternative use not allowed within the TPZ District; and

e)

The uneconomic character of the existing use shall not be sufficient reason for the approval of immediate rezoning. The uneconomic character of the existing use may be considered only if there is no other reasonable or comparable timber growing use to which the land may be put.

2)

The Board of Supervisors may tentatively approve the immediate rezoning after notice and hearing and upon a four-fifths (⅘) vote of the full body as provided in Subsection 1. above, and shall forward its tentative approval to the State Board of Forestry, together with the application for immediate rezoning, a summary of the public hearings and any other information required by the Board of Forestry.

Upon notification by the Board of Forestry that it has given final approval to the conversion, the Board of Supervisors shall remove the parcel from the timberland preserve zone and shall specify a new zone for such parcel.

3)

A tax recoupment fee in accordance with Cal. Gov't Code § 51142 shall be imposed on the owner of any land qualifying for immediate rezoning.

Table 12.02.030
Rural Districts Allowable Uses and Permit Requirements

Key to Land Use Permit Requirements:

A — Allowed subject to zoning compliance and building permit issuance

DP — Development Permit required per Section 12.05.050

UP — Use Permit required per Section 12.05.060

NP — Not Permitted

NA — Not Applicable

Varies — Refer to listed Zoning Section for allowable uses and permit requirements

(Ord. 2467. (05/14/2019); Ord. 2533. (12/05/2023))

Table 12.02.030.E
Rural Districts Site Development Standards

Key to Site Development Standards:

ROW — Right-of-way, Ultimate (see definition in Section 12.06.010)

C/L — Centerline

ZONING SECTION — Refer to listed Zoning Section for site development standards

Footnotes:

⁽¹⁾  Setbacks may be reduced on parcels less than three (3) acres subject to Section Building Setbacks, 12.04.140.

⁽²⁾  Check General Plan Policy 1.23 for more restrictive standards.

⁽³⁾  The minimum parcel size and road frontage required for subdivisions and boundary line adjustments is that shown on the table. Where exceptions pursuant to Section 12.04.030, clustering or a Planned Development is utilized, minimum parcel size and road frontage can vary if adequate provisions are made for the appropriation of water and disposal of sewage consistent with this Code and the protection of public health, safety and welfare. (See Section governing Clustering, 12.04.050)

⁽⁴⁾  For subdivisions, flagpole parcels shall have a minimum frontage width of fifty (50') feet. The "flag" portion of the parcel shall meet the minimum road frontage standards of a conventional parcel.

⁽⁵⁾  For arterial and collector roads, the front yard setback shall be twenty (20') feet and the exterior side yard setback shall be fifteen (15') feet from the existing or ultimate right-of-way, whichever is greater. (See Section governing Building Setbacks, 12.04.140)

⁽⁶⁾  Consistent with the General Plan Policy 1.24, maximum impervious surface may be increased to sixty percent (60%) for support uses requiring a use permit, except that in within the FR and TPZ Districts, the maximum surfacing for support uses may be increased to twenty percent (20%) for parcels five (5) acres or less in size without a Use Permit. In such instances, retention/detention facilities shall be incorporated into the design of those projects that could result in flood damage to downstream uses.

 ;hg;*Subdivision development feature: For any subdivision where agricultural water is already provided to the parcel, an agricultural water easement shall be required for all parcels created by the subdivision.

(Ord. 2447. (03/13/2018); Ord. 2441. (Adopt. 09/12/2017, Eff. 10/12/2017); Ord. 2427. (01/24/2017); Ord. 2339. (07/12/2011); Ord. 2253. (10/23/2007); Ord. 2090. (070/920/02); Ord. 2533. (12/05/2023))

A.

Purpose of Section.

1.

To provide appropriate commercial areas for retail and service establishments, neighborhood convenience and office uses that meet the needs of community, and provide employment opportunities, consistent with General Plan policy;

2.

To provide adequate space to meet the needs of commercial development, promote high standards of site planning and design, and ensure compatibility with surrounding land uses;

3.

To ensure adequate levels of public facilities and services, minimize traffic congestion, and facilitate the provision of public improvements commensurate with anticipated increases in commercial land uses.

B.

Purposes of Individual Districts.

1.

C1 (Neighborhood Commercial). The C1 District is intended to provide for the retail and service needs of nearby neighborhoods, and to provide limited mixed use employment opportunities. Development is intended to be grouped as a clustered and contiguous center to preclude strip development.

2.

C2 (Community Commercial). The C2 District is intended to provide a wide range of retail and service uses that serve the varied needs of large geographic areas.

3.

C3 (Service Commercial). The C3 District provides for specialized intensive repair and related service uses, which may have extensive storage needs and require convenient, controlled access to arterial or major collector roads to serve large geographic area. Such uses include the repair and service of equipment, materials, and products, and are often considered inappropriate in primary retail areas due to size or operating characteristics.

4.

CH (Highway Commercial). The CH District provides commercial locations for highway-related and tourist services along State highways. Development within this District should be grouped as a contiguous center to preclude strip development, with convenient, controlled access to Interstate, freeway, or primary arterial routes. Such facilities should be designed and located to provide a broad range of services to the traveler and not to impede traffic.

5.

OP (Office and Professional). The OP District provides areas for the development of professional and administrative offices and related uses and structures that complement other commercial centers and are considered compatible with adjacent residential and related land uses.

C.

Standards. Within the C1, C2 and C3 Districts the following limitations shall be applicable to light industrial uses:

Light industrial uses that do not exceed thirty-three and three tenths percent (33.3%) of the total gross floor area on a single commercial site. Only light industrial uses which generate impacts similar to, or less than, those of listed allowable uses within the district, shall be permitted, and no such use may be established until the primary commercial use has been established on the site. For the purpose of this Section, light industrial use shall include research and development, light assembly and production processes that do not generate dust, fumes, odors, or other emissions detectable from outside the building. Light industrial activities shall be conducted completely within an enclosed building and shall not include warehousing that is not related to a primary commercial use on the site. The following site-specific impact analyses shall be included with the submittal of the Use Permit application:

1.

An analysis of land use impacts associated with the proposed light industrial use.

2.

An analysis of site-specific air quality impacts associated with the project's stationary source emissions. The impact analysis shall define any chemicals and materials used in the manufacturing process and how emissions will be contained or mitigated.

3.

An analysis of traffic impacts associated with the proposed light industrial use. The project shall demonstrate how traffic circulation would not conflict with that of existing or future retail commercial uses on the site.

4.

An analysis of parking lot impacts, demonstrating that industrial use parking needs will not conflict with, nor consume area needed for, that of existing or future retail commercial uses on the site.

5.

A list of chemicals to be used for manufacturing/industrial processes, and identification of potential impacts associated with the use of the chemicals. All industrial uses shall comply with the Nevada County Codes governing Land Use and Development for the handling and storage of hazardous materials. A copy of the list of chemicals and/or hazardous materials to be used or stored on site shall be provided to the Fire Agency with jurisdiction for the subject property.

6.

An analysis of exterior noise levels associated with the project operations. No industrial use shall generate noise levels that are detectable outside the building that exceed the noise standards for the Commercial designation, as established by Nevada County General Plan.

7.

An analysis of existing and potential public services for the proposed light industrial use.

In addition to the findings required by the conditional use permit, if approved, shall include the following findings:

a.

That the proposed use will not generate impacts greater than or different from, the listed allowable uses in the subject district; and

b.

That the proposed use will not affect the viability of the site to be developed for its primary commercial use.

Table 12.02.040.D
Commercial Districts Allowable Uses and Permit Requirements

Key to Land Use Permit Requirements:

A — Allowed subject to zoning compliance and building permit issuance

DP — Development Permit required per Section 12.05.050

UP — Use Permit required per Section 12.05.060

NP — Not Permitted

NA — Not Applicable

Varies — Refer to listed Zoning Section for allowable uses and permit requirements

Footnote:

⁽¹⁾  Subject to Cal. Gov't Code §§ 65582, 65583 and 65589.5, as may be amended.

⁽²⁾  Multi-Family Residential Uses shall be deemed an allowable use if the housing development project complies with the standards defined in Cal. Gov't Code § 65852.24—65863.13 (the California Middle Class Housing Act of 2022).

(Ord. 2467. (05/14/2919); Ord. 2533. (12/05/2023))

Table 12.02.040.E
Commercial Districts Site Development Standards

Key to Site Development Standards:

ROW — Right-of-way, Ultimate (see Definitions in Zoning)

C/L — Centerline

ZONING SECTION — Refer to listed Zoning Section for site development standards

Footnotes:

⁽¹⁾  Setbacks for residential units may be reduced on parcels less than three (3) acres subject to Section 12.04.140G.

⁽²⁾  The minimum parcel size and road frontage required for subdivisions and boundary line adjustments is that shown on the table. Where exceptions pursuant to Section 12.04.030, clustering or a Planned Development is utilized, minimum parcel size and road frontage can vary if adequate provisions are made for the appropriation of water and disposal of sewage consistent with this Code and the protection of public health, safety and welfare. (See Section 12.04.050)

⁽³⁾  For arterial and collector roads, the front yard and exterior side yard setbacks shall be ten (10') feet from the existing or ultimate right-of-way, whichever is greater, with a mean average of twenty (20') feet. (See Section 12.04.140.F.)

⁽⁴⁾  Significant landscaping shall be incorporated into this setback.

(Ord. 2441. (Adopt. 09/12/2017, Eff. 10/12/2017)); Ord. 2427. (01/24/2017); Ord. 2366. (08/13/2013); Ord. 2339. (07/12/2011); Ord. 2253. (10/23/2007); Ord. 2090. (07/09/2002); Ord. 2037. (10/03/2000); Ord. 2533. (12/05/2023))

A.

Purpose of Section.

1.

To provide appropriate industrial areas for the production, repairing, distribution, and warehousing of goods and equipment, research and development, and supporting commercial businesses and services, that meet the needs of community and provide employment opportunities, consistent with General Plan policy,

2.

To provide adequate space to meet the needs of industrial development, promote high standards of site planning and design, and ensure compatibility with surrounding land uses,

3.

To ensure adequate levels of public facilities and services, minimize traffic congestion, and facilitate the provision of public improvements commensurate with anticipated increases in industrial land uses.

B.

Purposes of Individual Districts.

1.

BP (Business Park). The BP District provides areas for a variety of related uses, including manufacturing, distribution, processing, service, and research and development uses normally associated with light industries. The intent of this District is to encourage innovative and creative design in the provision of a variety of employment-oriented uses.

Development should be characterized by spacious and extensively landscaped settings that are attractive and environmentally sensitive. All uses shall be contained within a planned setting reflecting a "campus" character providing a high level of on-site amenities.

2.

M1 (Light Industrial). The M1 District provides areas for the production, repairing, distribution, and warehousing of goods and equipment, along with supporting businesses and services. Uses should provide for buffering from adjacent land uses to minimize incompatibility and should have convenient, controlled access to arterial or major collector roads without passing through residential areas.

3.

M2 (Heavy Industrial). The purpose of the M2 District is similar to that of the M1 District, except that allowed uses are potentially more intensive and may generate greater impacts on adjacent land uses, public facilities and services, and the environment.

C.

BP Base District Standards.

1.

Prior to any site development located outside of an adopted Area Plan, the Planning Commission shall approve a Comprehensive Master Plan for the entire site. See Comprehensive Master Plans and Specific Plans.

2.

Accessory Uses. Limited uses that are customarily incidental and directly related to the primary light industrial use may be permitted as part of a mixed-use project. Such uses may provide supporting business and service activities for the primary light industrial use and accessory uses for on-site employees. Such uses may be permitted at the same time as or following the establishment of the primary light industrial use, but not before such establishment. It is not the intent of this District to accommodate single-use development which can be located in other districts.

3.

Interim Uses. Prior to submittal of a Comprehensive Master Plan, interim uses that do not preclude development of the site for its intended use as designated on the General Plan land use map, and which are consistent with the purpose and intent of the District, may be allowed, subject to the permitting requirements of tables below. An interim use shall be defined as a use which does not require construction of a permanent foundation or permanent infrastructure improvements. The land use permit authorizing the interim use shall establish time limits for the interim use.

4.

Minor Improvements. Minor improvements may be allowed for uses that are consistent with the purpose and intent of the District, subject to the permitting requirements of Table 12.02.050.D. Minor improvements shall be limited to remodels that do not result in a more intense land use, and building additions that do not exceed ten percent (10%) of the existing total gross floor area on a single building site. Existing total gross floor area shall be that area which was legally established prior to the requirement for a Comprehensive Master Plan being established on the site.

Table 12.02.050.D
Industrial Districts Allowable Uses and Permit Requirements

Key to Land Use Permit Requirements

A — Allowed subject to zoning compliance and building permit issuance

DP — Development Permit required per Section 12.05.050

UP — Use Permit required per Section 12.05.060

NP — Not Permitted

NA — Not Applicable

Varies — Refer to listed Zoning Section for allowable uses and permit requirements

Footnote:

⁽¹⁾ ;enMulti-Family Residential shall be deemed an allowable use if the housing development project complies with the standards defined in Cal. Gov't Code §§ 65852.24—65863.13 (the California Middle Class Housing Act of 2022).

(Ord. 2467. (05/14/19); Ord. 2533. (12/05/2023))

Table 12.02.050.E
Industrial Districts Site Development Standards

Key to Site Development Standards

ROW — Right-of-way, Ultimate (see Definition in this Chapter)

C/L — Centerline

ZONING SECTION — Refer to Listed Zoning (Title 12) for site development standards

Footnotes:

⁽¹⁾  Setbacks for residential units may be reduced on parcels less than three (3) acres subject to Section 4.2.5.G.

⁽²⁾  The minimum parcel size and road frontage required for subdivisions and boundary line adjustments is that shown on the table. Where exceptions pursuant to Section 12.04.030, clustering or a Planned Development is utilized, minimum parcel size and road frontage can vary if adequate provisions are made for the appropriation of water and disposal of sewage consistent with this Code and the protection of public health, safety and welfare. (See Section 12.04.050.)

⁽³⁾  Significant landscaping shall be incorporated into this setback.

(Ord. 2427. (01/24/2017); Ord. 2408. (01/26/2016); Ord. 2533. (12/05/2023))

A.

Purpose of Section. The purpose of this Section is to provide for a variety of zoning districts that further the intent of the General Plan and implement specific Plan land use map designations.

B.

Purposes of Individual Districts.

1.

IDR (Interim Development Reserve). The IDR District is intended to be used as an interim zoning district to reflect and reserve the development potential of property designated as Planned Development and Special Development Area in the General Plan. It functions as a temporary holding zone and reserves the development potential of the property until a Zoning Map and a Comprehensive Master Plan and/or Specific Plan for the property has been adopted consistent with Nevada County General Plan, and the property is rezoned to permanent specific zoning districts consistent with the above Plan(s). The District shall be combined with one (1) or more zoning districts that shall include acreages consistent with the General Plan land use maps.

2.

OS (Open Space). The OS District provides for areas of open space protected from development. This includes, but is not limited to, areas dedicated to recreation, resource and habitat preservation, and protection of environmental resources. Such areas may be in public ownership or private ownership where such areas are permanently devoted to open space through clustering or other open space requirements. This District shall allow only very low-intensity land uses that ensure consistency with the purpose of the District.

3.

PD (Planned Development Base District). The PD Base District implements General Plan Policy to provide for development where mixed uses are desirable. This District provides for the comprehensive planning of a site in advance of any development, taking into consideration clustering of intensive land uses and maximizing conservation of open space in a manner sensitive to site capabilities and constraints. The intent of this District is to encourage innovative and creative design in the provision of a variety of mixed uses. This District is consistent with all General Plan designations provided the proposed land uses are consistent with those designations within which the project is located.

4.

P (Public). The P District provides for areas occupied by Federal, State and local government agencies, or by a private entity under contract, agreement or franchise with a governmental agency if the use is a service or function normally provided by the agency entering into a contract or agreement or issuing a franchise.

5.

REC (Recreation). The REC District provides for a wide range of active and passive recreation uses and supporting services. Such uses may have a significant effect on environmental resources and will require careful site design and development. Prior to any site development, a Comprehensive Master Plan for the entire site shall be approved by the planning agency. See Comprehensive Master Plans and Specific Plans. All projects shall be reviewed and approved consistent with the approved Plan. The more intensive uses should be in close proximity to a major highway or arterial with controlled or indirect access.

C.

Planned Development Base District Standards. The PD District can be used to implement only one (1) Plan designation or multiple designations as part of a mixed-use development. Planned developments provide for a mix of building types and land uses. They should be comprehensively planned and under unified control. Planned developments often provide common areas and other amenities not found in standard types of development. Planned developments shall ensure that uses relate well to each other, both internally and to neighboring uses. The Board of Supervisors shall approve a Comprehensive Master Plan for the entire site at the time of the zoning amendment and prior to any site development. See Comprehensive Master Plans, Zoning Maps and Specific Plans.

1.

Allowed Uses. Allowed uses include any use or combination of uses that are arranged and designed in such a manner as to result in a development that is internally compatible, compatible with surrounding uses, and consistent with the General Plan. Where this District implements the Planned Development or Special Development Area General Plan designations, or two (2) or more General Plan designations for a parcel or group of contiguous parcels, the total area dedicated to each specific land use must not exceed the acreage allowed by the General Plan. However, the area of a use (other than open space) may vary from that otherwise allowed by the Plan to accommodate site-specific conditions identified in the adopted Comprehensive Master Plan, provided the cumulative change does not exceed five percent (5%) of the total parcel(s) acreage. In no instance may the residential density allowed by the Plan be exceeded.

2.

Site Development Standards. Except as noted below, all development standards applied to a project shall meet or exceed the standards contained in the base district that would typically be applicable to the use, as well as all standards as found in this Chapter.

However, when the Comprehensive Master Plan provides for not less than a one hundred (100')-foot non-disturbance buffer around the entire edge of the parcel (excluding site access), standards less than provided for in this Chapter are permissible for the following: Front yard, side yard, and rear yard building setbacks (fire safety provisions must be ensured through alternative means), fencing, walls, and hedges, outdoor trash enclosures, and minimum parcel size (cannot exceed that needed to meet public water and sewage disposal requirements).

3.

Processing. A PD Base District application shall be processed as an amendment to the Zoning Ordinance and shall include the Comprehensive Master Plan. The application shall include all associated land use permit applications, including zoning compliance, Development Permits, Use Permits, and/or other permits to be processed concurrently with the zoning amendment. Phased developments shall include a list of future land use permits needed by type and time frame.

4.

Common Ownership Areas. In planned developments with areas of common ownership, the tentative map, dedications, covenants, and other legal agreements shall provide for the following:

a.

Give automatic membership with a non-profit property owners association or similar instrument.

b.

Place title to common property with the association, a non-profit land trust, or public agency.

c.

Appropriately and permanently limit the use of the common property, including but not limited to prohibiting further subdivision.

d.

Give each parcel owner the non-exclusive right to the use of the common property, subject to any applicable limitations established by the County.

e.

Assign the operation and maintenance of the common property to the homeowner's association or other entity approved by the County.

f.

Place an association charge on each parcel to ensure sufficient funds for perpetual maintenance of the common property, such charge to be a lien on the property.

g.

Restrict the use of the common property to the uses allowed by the applicable zoning and/or Conditional Use Permit.

h.

Establish a fire safety management plan providing for long-term vegetation management to minimize the fire hazard for such areas.

D.

IDR Interim Development Reserve Standards.

1.

General. No development may occur within the IDR District other than that provided for in Tables included in this Section without the adoption of a Zoning Master Plan and a Comprehensive Master Plan or Specific Plan, except for interim uses and minor additions as provided for in this Section. See Comprehensive Master Plan, Zoning Map, and Specific Plan criteria.

2.

Interim Uses. Prior to submittal of a Zoning Map, Comprehensive Master Plan or Specific Plan, interim uses that do not preclude development of the site for its intended use as designated on the General Plan land use map, and which are consistent with the purpose and intent of the District, subject to the permitting requirements of Table 12.02.060.F Except for single-family residential dwellings, an interim use shall be defined as a use which does not require construction of a permanent foundation or permanent infrastructure improvements. The land use permit approving the interim use shall establish time limits for the interim use.

3.

Minor Additions. Minor improvements may be allowed for uses that are consistent with the purpose and intent of the District, subject to the permitting requirements. Minor improvements shall be limited to remodels that do not result in a more intense land use and building additions that do not exceed ten percent (10%) of the existing total gross floor area on a single building site. Existing total gross floor area shall be that area which was legally established prior to the requirement for a Comprehensive Master Plan being established on the site.

E.

REC Recreation District Standards.

1.

General. The REC District provides for a wide range of active and passive recreation uses and supporting services. Such uses may have a significant effect on environmental resources and will require careful site design and development. Prior to any site development, a Comprehensive Master Plan for the entire site shall be approved by the Planning Commission, except for interim uses and minor additions as provided in this Section. See Comprehensive Master Plan and Specific Plan criteria. All projects approved subject to a Comprehensive Master Plan shall be reviewed and approved consistent with the approved Plan. The more intensive uses should be in close proximity to a major highway or arterial with controlled or indirect access.

2.

Interim Uses. Prior to submittal of a Comprehensive Master Plan interim uses that do not preclude development of the site for its intended use as designated on the General Plan land use map, and which are consistent with the purpose and intent of the District, subject to the permitting requirements of Table in this Section. An interim use shall be defined as a use which does not require construction of a permanent foundation or permanent infrastructure improvements. The land use permit authorizing the interim use shall establish time limits for the interim use.

3.

Minor Additions. Minor improvements may be allowed for uses that are consistent with the purpose and intent of the District, subject to the permitting requirements. Minor improvements shall be limited to remodels that do not result in a more intense land use and building additions that do not exceed ten (10) of the existing total gross floor area on a single building site. Existing total gross floor area shall be that area which was legally established prior to the requirement for a Comprehensive Master Plan being established on the site.

Table Section 12.02.060.F
Special Purpose Districts Allowable Uses and Permit Requirements

Key to Land Use Permit Requirements:

A — Allowed subject to zoning compliance and building permit issuance

DP — Development Permit required per Section 12.05.050

UP — Use Permit required per Section 12.05.060

NP — Not Permitted

NA — Not Applicable

Varies — Refer to listed Zoning Section for allowable uses and permit requirements

Footnotes:

* Uses that satisfy the permitting criteria for Administrative Development Permits, consistent with Table 12.05.050 of this Chapter, shall be processed with a Development Permit.

⁽¹⁾  All permitted uses must be consistent with Section 12.02.060.B.1, governing Interim Development Reserve.

⁽²⁾  See Section 12.02.060.C, governing Planned Development Base District Standards for PD allowable uses and standards.

⁽³⁾  All uses must be consistent with section governing Public Districts, 12.02.060.B.4.

⁽⁴⁾  See section for 12.02.060, REC standards.

(Ord. 2467. (05/14/2019); Ord. 2533. (12/05/2023))

Table Section 12.02.060.G
Special Purpose Districts Site Development Standards

Key to Site Development Standards:

ROW — Right-of-way, Ultimate (see Definition in this Chapter)

C/L — Centerline

ZONING SECTION — Refer to Listed Zoning Section for site development standards

Footnotes:

⁽¹⁾  Setbacks for residential units may be reduced on parcels less than three (3) acres subject to Section 12.04.140.G.

⁽²⁾  The minimum parcel size and road frontage required for subdivisions and boundary line adjustments is that shown on the table. Where exceptions pursuant to Section 12.04.030, clustering or a Planned Development is utilized, minimum parcel size and road frontage can vary if adequate provisions are made for the appropriation of water and disposal of sewage consistent with this Code and the protection of public health, safety and welfare. (See Section 12.04.050)

⁽³⁾  For arterial and collector roads, the front yard setback shall be twenty (20') feet and the exterior side yard setback shall be fifteen (15') feet from the existing or ultimate right-of-way, whichever is greater. (See Section 12.04.140.F)

⁽⁴⁾  For arterial and collector roads, the front yard setback shall be twenty (20') feet from the existing or ultimate right-of-way, whichever is greater, with a mean average of thirty (30') feet, and the exterior side yard setback shall be ten (10') feet from the existing or ultimate right-of-way, whichever is greater, with a mean average of twenty (20') feet. (See Section 12.04.140.F)

⁽⁵⁾  See Section 12.02.050.C for PD Standards.

(Ord. 2441. (Adopt. 09/12/2017, Eff. 10/12/2017); Ord. 2427. (01/24/2017); Ord. 2533. (12/05/2023))

Combining Districts are established to provide specialized consideration of unique or sensitive areas. When added to a base zoning district, the standards established in the combining district may require more or less restrictive regulations than those contained elsewhere in this Chapter. Except as noted, allowed uses within the base district are also allowed within each applicable combining district subject to approval of the same land use permit and level of review.

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

A.

Purpose. To establish extraordinary land use regulations beyond those in a base zoning district for certain properties surrounding the Nevada County Airpark and Truckee-Tahoe Airport to protect persons and structures on the ground from airport-related incidents and noise, and to prevent structural penetration of navigable airspace. This combining district is intended to implement the provisions of the Comprehensive Land Use Plans (CLUPs) for the Nevada County Airpark and Truckee-Tahoe Airport adopted by the Airport Land Use Commission (ALUC).

B.

Uses Permitted. Allowed uses within the base district are also allowed within this District subject to approval of the same land use permit and level of review. No use shall be permitted, and no use shall be operated or maintained in any manner that conflicts with the policies, standards or regulations contained within the CLUP. All uses permitted by the base district shall conform to the compatibility standards established in the CLUP for the appropriate Airport.

Existing land uses that are inconsistent may be continued. However, inconsistent land uses and structures may not be expanded or changed to another inconsistent use. Notwithstanding other provisions of this Code, when an existing inconsistent land use sustains damage or destruction of fifty percent (50%) of the value of the structure, subsequent use of the land must comply with the policies set forth in the CLUP.

C.

Procedures. Prior to local review of any land use change, including General Plan or specific plan adoptions or amendments, rezoning, Development Permits, Use Permits or variances involving any property within the AI Combining District, the project shall first be reviewed by the ALUC which in turn will forward its finding of land use compatibility to the Planning Agency. The Planning Agency shall comply with ALUC's findings unless it is able to recommend to the Board of Supervisors that it overrules the ALUC's decision and finds that a hardship clearly outweighs the public health, safety and welfare objectives of the CLUP.

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

A.

Purpose. To identify and highlight areas of the County having natural or man-made features which are of cultural, archaeological or educational value. The HP District recognizes areas which are important to local, State and national history and provides for the identification, preservation and enhancement of the elements which reflect an area's or individual site's history. This District is intended to protect such historic structures and sites by requiring all new uses and alterations to existing uses to be designed with consideration for preserving and protecting the historic resource and to recommend complimentary, contemporary design and construction through the use of comprehensive Design Guidelines.

B.

Establishment of HP Zoning.

1.

The following standards shall be used in establishing HP District zoning, and shall be based on an analysis prepared by a qualified professional meeting the standards set by the Register of Professional Archaeologists:

a.

Areas which exemplify or reflect special elements of the County's cultural, social, economic, political, aesthetic, engineering, mining or architectural history; or

b.

Areas which embody unusual or remarkable characteristics of a style, type of use, period of history, method of construction, or exhibit ingenuity in the use of indigenous materials or craftsmanship.

2.

Applications to add the HP District shall include all of the following:

a.

An analysis prepared by a qualified professional meeting the standards set by the Register of Professional Archaeologists which meets the standards above.

b.

A written statement of the proposed district's historical importance or uniqueness.

c.

A map of the proposed District.

d.

An inventory of historic resources which describes both the quantity and quality of the District's resources.

e.

Sketches, drawings, photographs and/or other descriptive materials.

f.

Any other information requested by the Board of Supervisors.

3.

The following findings shall be made a part of such enactment:

a.

That the special historic interest of the area, site, structure, or use has been identified;

b.

That the public health, safety and general welfare of the citizens of the County of Nevada are promoted through the safeguarding of the County's heritage.

C.

Uses Permitted. Uses allowed within the base district are allowed within this District subject to this Section.

D.

Standards. In any district with which the HP Combining District is combined, the site development standards may be reduced by the Planning Agency where, as a result of project and/or design review, it is determined that the reductions will result in a project that is consistent with existing, surrounding development, and the historic character of the district:

1.

Setbacks.

2.

Landscaping.

3.

Parking space and parking lot design and construction standards.

E.

Historic Preservation Advisory Council Establishment and Authority. The Board of Supervisors, upon creation of an HP District, shall establish a Historic Preservation Advisory Council (HPAC) whose purpose and authority shall be to develop and recommend area-specific, exterior architectural standards for all projects, taking the following items under consideration:

1.

The height, bulk, and area of structures.

2.

Setbacks from property lines.

3.

The color, textures and material of exterior walls.

4.

The type, pitch and material of roofs.

5.

The type, size and location of signs.

6.

Landscaping and parking lot layout.

7.

The relationship to other structures and/or uses in the area.

8.

The architectural treatment of historic structures within the District. The HPAC may also provide assistance to the Planning Agency by:

a.

Reviewing and commenting on district-related impacts of programs and planning initiated by the County, State or Federal Government; and

b.

Promoting public information, educational and interpretive programs pertaining to historic, cultural and natural resources.

F.

Historic Preservation Advisory Council Membership. Membership for HPAC shall consist of five (5) voting members as follows:

1.

One (1) property owner in the HP District.

2.

One (1) businessperson from the HP District. In the event that no commercial properties are located within the HP District, one (1) additional property owner shall be appointed.

3.

One (1) member-at-large.

4.

One (1) member of a local merchant's association within the HP District, if such an association exists, and if not, then one (1) additional member-at-large.

5.

One (1) official member of a local recognized historical society, if such an organization exists. If not, then one (1) additional member-at-large.

The Board of Supervisors shall appoint all of the members. Terms of the appointed office holders of the HPAC shall be for a period of four (4) years. Two (2) members of the first appointed HPAC shall be for two (2) years and shall be determined by lot.

G.

Procedure. When exteriors of properties within an HP District are to be developed, modified, altered, improved or demolished, the development shall first be reviewed by the HPAC. An application shall be filed with the Planning Department and shall be accompanied by such data and/or materials necessary for proper review of the proposed project and a filing fee adopted by the Board of Supervisors. Upon receipt of a complete application, a public meeting shall be scheduled for HPAC review within thirty (30) days.

If the HPAC reviews and finds the proposed structure, modification, alteration, improvement, or demolition incompatible with the purpose, intent and findings of this Section, the Planning Agency shall endeavor to have such plans changed to conform to said purpose, intent and findings of the District.

Any interested and aggrieved party may appeal any action of the Planning Agency in accordance with provisions governing Appeals in this Chapter.

H.

Building Permit Issuance. In no event shall building permits be issued within the HP District until such plans have been reviewed by the HPAC.

I.

Destruction or Alteration of Historic Structures Requires a Use Permit. No historic structures in any HP District shall be relocated, moved, torn down, demolished, destroyed, altered, improved, or otherwise changed in exterior appearance except as herein provided. Historic significance shall be determined by the age of the structure, important architectural features and/or the historical use of the structure and site, and shall be based on an analysis as prepared by a qualified professional meeting the standards as set by the Register of Professional Archaeologists. Any historic inventory, prepared and adopted by the County of Nevada, shall be used as a source of identifying such importance.

1.

Any owner making any alteration on the exterior of a historic structure or intending to relocate such structure shall submit plans for HPAC review.

2.

If any historic structure is damaged by natural disaster, including but not limited to earthquake, flood, or fire, the owner thereof may repair such structure if an HPAC recommendation for such repair is obtained.

3.

If the structure is determined to be of historic significance, the HPAC shall review the proposed relocation/demolition for compliance with established guidelines.

4.

If a historic structure is determined to be a public safety hazard by a licensed engineer, the demolition of such a structure shall be permitted.

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

A.

Purpose. The purpose of this District is to allow for surface mining and to provide for public awareness of the potential for surface mining to occur where adequate information indicates that significant mineral deposits are likely present. This District shall be used only on those lands that are within any of the compatible Nevada County General Plan designations and which are not in a residential zone.

B.

Use Permitted. Allowed uses within the base district are also allowed within this District subject to approval of the same land use permit and level of review.

C.

Uses Subject to a Use Permit. In the AG, AE, FR, M1, M2, P, and PD Base Districts, where the district symbol is followed by, as part of such symbol, the letters ME, the extraction of minerals by open-pit mining, quarrying, dredging, and related operations on the surface, including comminution, concentration, processing, waste disposal, tailings disposal, and the reclamation thereof shall be conditionally allowed subject to the regulations in Section 12.03.220, governing Surface Mining Permits and Reclamation Plans.

D.

Procedures. The primary purpose of this District is to inform the public of the existence of minerals and the potential for mineral extraction. However, inclusion within this district shall not alter the necessity for adequate environmental review, formal approval by the County, and compliance with the Surface Mining and Reclamation Act of 1975 for all mining operations. Inclusion within this district shall not alter the ability of the County to deny any mining operation where the County determines that such operation will have unacceptable impacts on the environment and surrounding land uses.

E.

Standards for Creation of a ME District. In establishing the ME District, one (1) or more of the following standards must be met:

1.

Said lands have been designated as Mineral Resource Zone-2 (MRZ-2) based on State of California Classification Reports.

2.

It has been clearly demonstrated that significant mineral deposits are likely present on said lands based on data similar in nature to the State Classification Reports.

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

A.

Purpose. To provide special regulations for the establishing of Mobile Home Parks in those zoning districts that permit residential uses, subject to the issuance of a Use Permit by the Planning Commission.

B.

Standards. The MH District shall be attached to each park, establishing the following minimum standards:

1.

The density of the Mobile Home Park shall be limited to that allowed by the Zone District and General Plan designation of the property.

2.

A mobile home parcel shall be a minimum of three thousand five hundred (3,500) square feet in area and not less than thirty-five (35') feet in width, except that parcels that have frontage on a cul-de-sac shall measure that width twenty (20') feet from the street frontage.

3.

Each mobile home site or parcel shall have direct access to a private or public roadway.

4.

Minimum yard setbacks from adjoining streets and properties shall be as set forth in the regulations of the zone district in which the mobile park is located.

5.

Landscaping and solid fencing shall be provided that shall screen the Mobile Home Park from the street and adjacent properties.

6.

Not less than ten percent (10%) of the total area of the Mobile Home Park shall be developed for recreational purposes prior to occupancy.

7.

In no case shall more than one (1) occupied mobile home be located on any one (1) mobile home site or parcel.

8.

In conjunction with a Mobile Home Park development, an area composed of not more than twenty percent (20%) of the total area of improved spaces may be developed for recreational vehicles, subject to the following:

a.

Length of stay permitted in the facility shall be reviewed as part the Use Permit.

b.

Spaces shall not be subject to all provisions of this Section but shall be adequately delineated on the site plan.

9.

Parking shall be required at a ratio of two (2) off-street parking spaces for each mobile home site plus one (1) additional space for every three (3) mobile home or recreational vehicles sites within the Park. Parking may be grouped off the individual site when it is determined that such grouping will be accessible to the mobile home sites. All parking shall be developed in accordance with this Chapter and tandem parking on each mobile home site or parcel is permitted.

10.

Accessory Uses Permitted.

a.

One (1) garage/carport and one (1) storage building may be permitted for each mobile home site.

b.

Private parks, outdoor recreational areas, recreation structures, social halls, swimming pools and maintenance structures in conjunction with an approved Use Permit for a Mobile Home Park.

c.

Commercial uses which are primarily for the convenience of the mobile home park residents, such as laundry and vending machines, provided that such uses are located in the interior of the development and that they shall not occupy more than five hundred (500) square feet per each fifty (50) mobile homes.

11.

Street Design Standards.

a.

The streets within a Mobile Home Park shall provide adequate vehicular circulation for the development and for the area in which it is located, including adequate width, radii and access for emergency vehicles. In no case shall any street designed for two-way traffic be less than thirty-six (36') feet in width. This standard may be reduced to twenty-four (24') feet where specific site and/or street design standards are provided to ensure preclusion of on-street parking and adequate maintenance of ingress and egress for emergency vehicles.

b.

All Department of Public Works requirements shall be complied with, including but not limited to base and paving improvements.

(Ord. 2239. (05/29/2007); Ord. 2533. (12/05/2023))

A.

Purpose. The purpose of this District is to allow residential development that allows support uses in a planned community and to allow for flexible standards in both residential and commercial/industrial development. This District is intended to ensure the following in development:

1.

Comprehensive, innovative and creative design, including flexible site development standards.

2.

Clustering intensive land uses to the maximum extent reasonably possible.

3.

Maximum conservation and efficient use of open space, protection of sensitive environmental resources, and sensitivity to environmental constraints.

4.

Facilitated use of the most advantageous construction techniques.

5.

Provisions for a broad range of housing types and opportunities within the mix of land uses allowed.

6.

Areas of common ownership, where applicable.

7.

Provisions for ongoing ownership and maintenance of restricted areas to assure maintenance of the open space and environmental resources in perpetuity.

B.

Allowed Uses. Use of the PD Combining District shall be limited to residential, rural, commercial, and industrial base districts. Allowed uses within the base district are also allowed within this District subject to approval of the same land use permit and level of review. Subject to the issuance of a Use Permit or concurrent with a tentative map, planned developments consistent with the purposes and standards of this Subsection shall be allowed in addition to the uses allowed in the base district. In addition, within the General Plan Planned Residential Community designation, the following uses may be permitted in connection with said developments: Private parks and recreation areas, recreation structures, clubs and social halls (including restaurants), playfields, playgrounds, maintenance facilities, and similar facilities. These uses shall be an integral part of the Comprehensive Master Plan and shall primarily serve the needs of the residents of the development.

C.

Standards. All planned developments shall meet the following standards:

1.

Be consistent with the General Plan and applicable area or specific plans.

2.

Be consistent with the purpose of the base district and the PD Combining District.

3.

Not exceed the residential density allowed by the applicable General Plan designation and base zoning district.

4.

Meet all site development standards of the applicable base district and standards as found in Comprehensive Site Development Standards of this Chapter.

5.

Ensure compatibility in terms of use and design with the surrounding land uses.

Except as noted below, all site development standards applied to a project shall meet or exceed the standards contained in the base district, as well as all standards as found in Comprehensive Site Development Standards of this Chapter. However, when the Comprehensive Master Plan provides for not less than a one hundred (100')-foot non-disturbance buffer around the entire edge of the parcel (excluding site access), standards less than provided for in this Chapter are permissible for the following: Front yard, side yard, and rear yard building setbacks (fire safety provisions must be ensured through alternative means), fencing, walls, and hedges, outdoor trash enclosures, and minimum parcel size (cannot be less than that needed to meet public water and sewage disposal requirements).

D.

Comprehensive Master Plan. The application for a proposed planned development shall include a Comprehensive Master Plan.

E.

Common Ownership Areas. In planned developments with areas of common ownership, the tentative map, dedications, covenants, and other legal agreements shall provide for the following:

1.

Automatic membership with a non-profit property owners association or similar instrument.

2.

Title to common property with the association, a non-profit land trust, or public agency.

3.

Appropriate and permanent limit to the use of the common property, including but not limited to prohibiting further subdivision.

4.

Right to the use of common property to each parcel owner, subject to any applicable limitations established by the County.

5.

Operation and maintenance of the common property to the homeowner's association or other entity approved by the County.

6.

An Association charge on each parcel to ensure sufficient funds for perpetual maintenance of the common property, such charge to be a lien on the property.

7.

Restricted use of the common property to the uses allowed by the applicable zoning and/or Conditional Use Permit.

8.

A fire safety management plan providing for long-term vegetation management to minimize the fire hazard for such areas.

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

A.

Purpose. The purpose of this District is to identify those areas where, after investigation and study, the County finds that an avalanche potential exists because of steepness of slope, exposure, snowpack composition, wind, temperature, rate of snowfall, and other interacting factors. Such PSAA District is established:

1.

To identify those areas with a high, medium or low avalanche potential;

2.

To give notice to the public of such areas;

3.

To minimize health and safety hazards, disruption of commerce, and extraordinary public expenditures; and

4.

To promote the general public health, safety and welfare.

B.

PSAA District Boundaries Identified. The PSAA District boundaries shall be those specifically identified areas within the County subject to potential avalanche danger.

The study and report of Norman Wilson presented to the Board of Supervisors on December 20, 1982, are adopted identifying the standards for classification as the PSAA District, and identifying the locations of such areas, Red (high hazard) Zones, Blue (moderate hazard) Zones, and Yellow (low hazard) Zones, and which are available for public inspection in the Nevada County Planning Department.

Where only a portion of a parcel is affected by the district boundaries of the PSAA District, the provisions of this Section shall be applicable only if the district boundaries bisect any portion of any structure.

C.

Use Restrictions. The following restrictions are hereby imposed upon construction, development, and use of all real property located within the PSAA District:

1.

Utilities. All new utilities and new individual service connections installed after the effective date of these provisions shall be installed underground in order to minimize possible avalanche damage to said utilities and injury to persons or property.

2.

Dangerous Deflection. Avalanche protective, deflective, and preventive structures, devices, or earthwork which threaten to deflect avalanches toward property of others, or otherwise threaten to increase the danger to persons or property are prohibited.

3.

New Subdivision or Parcel Maps. It shall be unlawful to create any new parcel within a Red or Blue PSAA unless said parcel is held in common with units in a planned development or zoned Open Space. The density allocated to the land use area within the PSAA District may be transferred to the remaining property that falls outside of the PSAA District.

4.

Red Zone Standards. In addition to the restrictions listed in Subsections 1—3 above the following restrictions shall be applicable in the Red Zone:

a.

New Construction. Applications for new construction designed for human occupancy, or repairs or remodels, repairs or additions exceeding fifty percent (50%) of the current value of the structure as shown on the most current County Rolls, shall be accompanied by plans signed by a licensed structural engineer certifying:

1)

That anticipated snow avalanche hazards have been determined by a recognized avalanche expert;

2)

That the proposed structure will be safe under the anticipated hazards and that the structure complies with anticipated loads and conditions; and

3)

That such structure, device, or earthwork will not be a threat to or deflect avalanches toward property of others, or otherwise threaten to increase the danger to persons or property.

b.

Acknowledgment of Danger by Land Owner. Such application for new construction and/or repairs shall be accompanied by a written document signed by the property owner stating that such property owner understands and agrees that the avalanche forces set forth in the prepared study are to be considered minimum standards only, and that the County of Nevada does not represent, guarantee or warranty the ultimate safety of any construction, use or occupancy of structure constructed to those standards; and that such person understands and agrees that avalanches may occur with forces greater than those set forth in the proposed study.

D.

Noticing Requirements.

1.

Upon County-initiated rezoning of a property into a PSAA District, the Planning Department shall send, by certified mail, a copy of this Section together with a notification to each affected property owner of record that such property is within a PSAA District.

2.

The Nevada County Department of Public Works shall post signs at suitable locations on the County roads that identify the boundaries of the "Red Zone" of the PSAA District.

3.

All persons who rent, lease, or sublet any structure within a PSAA District, either as an owner, agent of such owner, or real estate salesperson or broker representing such owner, shall:

a.

At the time of such renting, leasing or subletting, provide to such person written notification that such property is located within the PSAA District.

b.

Post written notice during the time period between November 1 and May 1, visible from the main winter entrance, that such property is located within the PSAA District and that additional information pertaining to such property may be obtained from the Nevada County Planning Department.

4.

All persons who sell any structure within a PSAA District, either as an owner, agent of such owner, or real estate salesperson or broker representing such owner shall, prior to the sale, provide to the buyer written notification that such property is located within the PSAA District.

E.

Rezoning Out of the PSAA Zoning District. Any property owner within a PSAA District may request a rezoning out of this Combining District. A rezoning application must be accompanied by a report prepared by a recognized and qualified avalanche hazard expert that demonstrates that the avalanche hazard areas currently mapped and zoned on the property either do not exist or should be adjusted.

F.

Violations. Violations of the provisions of this Chapter shall be punishable by any, or all, or any combination of the following:

1.

By a fine, to be set from time to time by the Board of Supervisors.

2.

By injunctive action requiring the erection or removal of protective, deflective, or preventive structures, devices or earthwork.

3.

By injunctive action prohibiting the use or occupancy of any non-complying structure.

4.

By making null, void and unenforceable any agreement by an owner to sell, rent, lease or sublet any structure within a PSAA District.

5.

By liability for damages in the manner provided by law.

(Ord. 2239. (05/29/2007); Ord. 2533. (12/05/2023))

A.

Purpose. To protect and preserve the scenic resources of areas which are adjacent to highways and roads which have been identified as having high scenic quality and requiring protection for the benefit of residents and visitors.

B.

District Regulations. In any district with which the SC District is applied, the land use regulations of the base district shall apply unless otherwise made more restrictive in this Section. The boundaries of the SC District shall be defined by the zoning district map based on an adopted scenic corridor study.

C.

Applicability. The provisions of this Section shall apply to all Development Permits, Use Permits, and subdivisions. Where an adopted Area Plan or Specific Plan includes specific scenic corridor standards for the subject property, the adopted Plan standards shall take precedence.

D.

The following standards shall apply to all applicable projects within the Scenic Corridor:

1.

A Scenic Corridor Analysis shall be required for all applicable development. The analysis shall be submitted on forms provided by the Planning Department and shall describe the scenic and/or historic resources of the project setting, how the development will ensure compatibility with the scenic nature of the surrounding area, and how it will minimize impacts to identified scenic resources. If a Scenic Corridor Study has been adopted for the subject corridor, the analysis must be consistent with the adopted study.

2.

Solid fencing within the front yard setback is prohibited. Fencing within the scenic corridor shall be landscaped to buffer its view from the roadway or adjacent properties. The scale, color, and materials used should be compatible with the site and surrounding viewsheds.

3.

All structures and improvements shall comply with Community Design Standards.

4.

Signs shall be designed to ensure compatibility with the scenic and natural character of the area. Monument signs shall be constructed with natural materials in colors compatible with the natural surroundings. No internally lit or neon-type signs shall be allowed.

5.

Required parking shall not be allowed within the front yard setback.

6.

Required landscaping may be increased up to fifty percent (50%) if needed to ensure the aesthetic quality of the proposed development.

7.

All development shall be clustered in such a manner to ensure that impacts to the scenic corridor are minimized. Proposed parcels within a subdivision shall be clustered away from the corridor.

8.

The front yard setbacks established for the base district shall be considered a minimum and shall be reviewed for conformity with the form and aesthetics of the corridor.

E.

Approval. The action taken by the Planning Agency shall be final unless appealed to the Board of Supervisors.

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

A.

Purpose. To provide for refinements in the site development standards and/or the permitted uses in the base zone district with which the SP District regulations are combined. Such refinements shall ensure consistency with, and further the intent of, all General Plan Policies.

B.

Establishment of SP District Regulations.

1.

The SP District shall restrict the use of land and/or structures and establish all other conditions in accordance with the specific ordinance establishing the zone district for the affected property or land area. The ordinance shall have the ability to establish the permitted and prohibited uses of the land, site development standards, public service and utility requirements, and the size, height and use of structures provided that the land usage provisions of the SP District are not less restrictive than the base zone district.

2.

Refinements or limitations to uses or standards established by the ordinance enacting the SP District shall be reflected by either stating the more restrictive types of use(s), site development standards, public sewer and utility requirements, etc., as part of the adopting ordinance or, by appending to the ordinance a copy of the specific site development plan reflecting the applicable refinements or limitations.

The SP District shall be designated on the Zoning District Map following the underlying base zoning district by the symbol SP, and the adopting ordinance number in parenthesis. Example: A rezoning from the AG District to include the SP District would be AG-SP (#99-99).

C.

Amendments. The use of any land covered by the ordinance which establishes the SP District shall run with the land until changed or eliminated by the adoption of a new zoning ordinance for said land.

1.

Any amendment to the provisions of the ordinance covered by land zoned with the SP District will require a rezoning petition.

2.

If a Development Permit or Use Permit is filed with the request to rezone the property into the SP District, the effective time limits for the establishment of the use shall be as provided for in this Code.

3.

Notwithstanding any provision contained herein, a Development Permit filed or Use Permit may be changed consistent with the provisions of this Code.

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

A.

Purpose. The purpose of the X District is to prohibit further subdivision of the property in order to mitigate the cumulative adverse environmental impact of successive divisions of land and to preserve the rural character of the property.

B.

Standards.

1.

When property is zoned with the X Combining District, there shall be no changes to the parcels shown on the final or parcel map which would increase overall density or create additional building sites.

2.

Rezoning from the X Combining District shall only be approved where the following findings are made:

a.

The rezoning is not inconsistent with the purpose of this Section;

b.

The rezoning does not conflict with any specific findings that were the basis for adopting an environmental document applicable to the X zoning of the subject property;

c.

The rezoning does not conflict with any specific findings that were the basis for approving the subdivision associated with the X zoning of the subject property; and

d.

The rezoning is in the public interest.

Financial hardship on the applicant shall not be a basis for approval of such a rezoning.

(Ord. 2090. (07/09/2002); Ord. 2533. (12/05/2023))

A.

Purpose. To recognize and preserve the character of existing, multi-purpose Rural Centers identified by the General Plan, by eliminating large areas of nonconformities that were created by subsequent zoning and current site development standards. It is the intent of the RC Combining District to promote development within Rural Centers by allowing for flexible site development standards.

B.

Uses Permitted. Uses allowed within the base district are allowed within the RC Combining District, subject to the level of review and approval established for the base district or as modified herein or by an RC District established for an individual Rural Center.

C.

Establishing RC Zoning. The following standards shall be used to establish an RC Combining District zoning for an individual Rural Center:

1.

The Rural Center shall be a viable, multi-purpose center that provides for a variety of uses and services to the surrounding rural region.

2.

The Rural Center shall include unique features that exemplify or reflect the County of Nevada's scenic, historic or natural qualities.

3.

The Rural Center shall be constrained by current development standards that preclude or severely restrict development of existing sites for their intended use.

D.

Standards. Within any District in which an RC District is combined, the following site development standards may be reduced or modified for development, if allowed for by the ordinance adopting the RC District for a specific rural center, subject to the following:

1.

Required building setbacks may be reduced to ensure consistency with established structures or for substandard sized lots, as specified by the RC District established for each Rural Center.

2.

Required landscaping may be reduced as specified by the RC District established for each Rural Center.

3.

Permanent open space required by this Chapter may be reduced or modified for sites less than one (1) acre in size as specified by the RC District established for each Rural Center.

4.

Required Parking.

a.

The number of required on-site parking stalls may be reduced provided that parking is available offsite as provided herein, or where the applicant can demonstrate to the satisfaction of the Planning Agency that existing conditions justify a reduction and will not result in a parking deficiency.

b.

Off-site or shared parking may be allowed if approved by the Planning Agency as part of a land use permit or as determined by Zoning Compliance, subject to the following conditions:

1)

On-street parking is authorized and approved by the public agency responsible for street maintenance and safety; or

2)

The off-site parking is available to serve the general public and is not restricted to serving an existing use;

3)

The off-site parking is constructed in compliance with all applicable on-site parking standards; and

4)

To ensure the perpetuation of public off-site parking when such parking is placed on a parcel not containing the use the parking is intended to serve, an irrevocable grant to the public of a right by the owner or developer for parking as public parking shall be recorded in the Office of the County Recorder. Said grant of right shall be on forms provided by the Planning Department and shall be approved as to form and content by the Nevada County Counsel. This dedication of public off-site parking may be terminated by an appropriate conveyance approved by the County at such time as the underlying use(s) of the property requiring such grant is/are expired.

c.

For the purpose of this Section, shared parking shall refer to parking facilities on a single site that serves two (2) or more nonresidential uses with different peak hour demands.

E.

Mixed-Use Development. Where identified as a goal for the RC District established for an individual Rural Center, mixed-use development shall be allowed as a permitted use, concurrent with commercial or industrial development.

F.

Public Areas. Where specifically identified as a goal for the RC District established for an individual Rural Center, pedestrian improvements on improved or unimproved lands are allowed within any zoning district for the purpose of creating a community or town square or plaza.

G.

BP Zoning District. Development of Business Park sites within the RC district shall be designed with an emphasis on small-scale processing, service, and research and development uses, in conjunction with a residence for the owner or operator on the site. The Comprehensive Master Plan requirements of Zoning Regulations may be modified to fit each Rural Center as identified in the RC district established for an individual Rural Center.

H.

Nonconforming Structures. Legally established nonconforming structures may be repaired, altered or reconstructed, without limitation, if the structure has been approved by the Nevada County Historical Landmark Commission and registered by the Nevada County Board of Supervisors, as a historical landmark.

I.

Limited Home Businesses. Where specifically identified and as an allowed use by the RC district established for a Rural Center, may be operated within commercial districts.

J.

Design Review. Design review for development projects within an RC District shall be required, consistent with this Chapter and with any adopted Rural Center Design Guidelines adopted for an individual Rural Center.

K.

Findings. Reductions to any of the above standards shall require findings by the Planning Agency with permitting authority, that, as a result of project review and/or design review, the following findings can be made and supporting reasons cited, for each reduced standard:

1.

That the reduction of the standard is necessary for reasonable development of the site, as demonstrated by an analysis of the site constraints identified for the specific site, or as identified by an Area Plan, Community Plan, or Specific Plan adopted for the Rural Center;

2.

That the reduction of the standard will not jeopardize the health, safety or welfare of the project site, or the character of the Rural Center, as demonstrated by an analysis of the site; and

3.

That as a result of the reduced standard(s), the project will be consistent with all applicable design standards and/or goals established for the Rural Center by an adopted Area Plan, Community Plan, or Specific Plan.

L.

Amendments. Any amendment to the provisions of the ordinance established for a Rural Center zoned with an "RC" Combining District shall require a rezone petition.

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

A.

Purpose. The purpose of the Regional Housing Need (RH) Combining District is to increase the supply of affordable and multi-family housing for persons and families within the extremely-low, very-low- and low-income categories by designating sites for development at sixteen (16) to twenty (20) units minimum per acre in order to meet the requirements of the Regional Housing Need Allocation (RHNA) as required by Cal. Gov't Code § 65584.

B.

Standards. The RH Combining District allows for the following:

1.

Designation of the Regional Housing Need (RH) Combining District. The Regional Housing Need (RH) Combining District shall only be applied to those parcels designated by the Board of Supervisors in advance of the County Housing Element adoption; as a part of the Housing Element update process; as a part of the implementation of the Housing Element goals, policies and programs; or where it can be reasonably demonstrated that the rezoning of the site is necessary to meet the goals of the RHNA.

2.

Site Selection Criteria. For sites to be designated under the Regional Housing Need (RH) Combining District, the site must meet the following criteria:

a.

Generally, the site must be identified by the County to satisfy the Regional Housing Need as outlined in this Code. A private landowner, however, may apply for the RH designation if the landowner has received concurrence from the Board of Supervisors, prior to submitting an application for rezone, that the rezoning of the site to add the RH overlay is necessary to meet a Regional Housing Need.

b.

The site is currently undeveloped, or it can be demonstrated that the site is underdeveloped.

c.

The site is of adequate size and shape to allow for the reasonable development of residential housing at the minimum densities required under Standards in this Code.

d.

The site has ingress and egress on a County maintained road or can be connected to a County maintained road pursuant to this Section below.

e.

The site is in or within a reasonable walking distance to a Community Region or Village Center, as shown on the General Plan Land Use Maps, which has access to schools, services, fire protection and jobs.

f.

The site is located on or is within reasonable walking distance to a public transit route.

g.

The site is within or can reasonably be annexed into an existing sanitary sewer district and public water district.

h.

The anticipated residential development can be sited to avoid major environmental hazards and/or constraints including but not limited to wetlands, watercourses, floodways, steep slopes, geologic hazards, archaeological resources, sensitive habitat areas, and airport noise and safety zones that limit density.

3.

Density. The density for the development of multi-family housing shall be determined at the time the site is rezoned to add the Regional Housing Need (RH) Combining District. This density shall be based on the State mandated sixteen (16) units minimum per acre but will allow for a maximum of twenty (20) units per acre on sites within a City's Sphere of Influence. The minimum required density may be determined by allocating the density to the total acreage of the site or by aggregating the developable area of a site, through the environmental review process, to remove areas considered to be environmentally sensitive pursuant to Resource Standards sections of this Code and all areas for driveways and roadways from the developable area, whichever is more suitable for the site. The number of potential units will be determined by multiplying the developable acreage by sixteen (16). Where such calculation results in a fractional number, the number of units shall be determined by rounding down to the nearest whole number.

4.

Lesser Densities and Interim Uses. Lesser densities and interim uses within the Regional Housing Need (RH) Combining District shall be allowed when consistent with the allowed uses shown within the Allowed Use Tables for an individual Base Zoning District subject to the standards applicable to development within that Base Zoning District. Should a site be developed with a lesser density or interim use, the site must include a plan that provides basic details on how the interim use or lesser density will not impact the sites ability to be otherwise developed at the density shown in this Section.

5.

Master Planning. Where contiguous or adjacent parcels are designated under the Regional Housing Need (RH) Combining District, any development proposal for one (1) parcel may be required to include a Comprehensive Site Plan for development of all contiguous or adjacent parcels which are also designated under the Regional Housing Need (RH) Combining District. The purpose of the Comprehensive Site Plan is to define interior circulation patterns, exterior site access, fire access to all parcels, infrastructure improvements, and common area locations and amenities.

6.

Density Bonus. Projects designed in accordance with the County's Density Bonus provisions set forth in this Section shall be eligible for the applicable concessions and incentives outlined within those sections.

7.

Energy and Environmental Efficiency. Multi-family housing developed within the Regional Housing Need (RH) Combining District is encouraged to utilize energy efficient design techniques and environmentally sensitive design and building materials.

8.

Management Plan. With all development, there is the potential for the encroachment into Sensitive Environmental Resources, defined in "Resource Standards," to ensure a development will fit onto a site. This may be allowed if a Management Plan prepared consistent with this Code and is approved by the County prior to Building Permit Issuance.

C.

By-Right Development. When required by State law, notwithstanding the requirements of the residential uses shown with the Base Zoning Districts Allowable Use Tables, sites within a Regional Housing Need (RH) Combining District shall be developed by-right in that the use and density shall not require a Use Permit, Planned Unit Development Plan or other discretionary action for the use or density of that site. For these sites, the following standards and alternative process shall apply:

1.

The developable acreage of the site and the required number of units will be determined as shown in Section 12.02.711.B of this Chapter.

2.

Environmental review, as required by the California Environmental Quality Act (CEQA), will be completed as part of the process for the rezoning of such sites into the Regional Housing Need (RH) Combining District to address the uses and minimum densities allowed by the Regional Housing Need (RH) Combining District. Subsequent environmental review may be required if, and to the extent, necessary to comply with CEQA.

3.

In addition to assigning density, the Regional Housing Need (RH) Combining District shall outline site specific development standards and any CEQA mitigation measures adopted for each site at the time the site is rezoned. All identified site specific development standards and CEQA mitigation measures shall be included within the Regional Housing Need Implementation Plan and all development of multi-family housing on a Regional Housing Need (RH) site shall be done in compliance with said Plan.

4.

All development proposals within the Regional Housing Need (RH) Combining District, which meet the by-right provision, are subject to Zoning Compliance and Building Permit issuance and the payment of all applicable building permit and mitigation fees which are otherwise applicable to the development proposal.

5.

Development proposals shall undergo a Design Review process and public hearing at the Planning Commission limited to design issues only. No discretionary permit is necessary for the density or use of the site.

a.

Residential development projects in which at least twenty percent (20%) of the units are affordable to lower income households shall not be subject to design review if proposed on parcels that have been identified in two (2) or more consecutive Housing Element planning periods to accommodate the low or very-low-income category of the Regional Housing Need Allocation (RHNA).

6.

Prior to Building Permit Issuance, it shall be the responsibility of the land owner or developer to provide written documentation from the applicable public utility, water and sewer service provider demonstrating that adequate public utilities, water and sewage disposal is available to accommodate the use and minimum densities required for a site. If the property does not have direct access to adequate public utilities to serve the anticipated development of the site, it shall be the responsibility of the property owner or developer to provide adequate infrastructure to serve the site consistent with the rules, regulations and standards of the applicable utility provider.

7.

Prior to Building Permit Issuance, it shall be the responsibility of the land owner or developer to provide written documentation from the applicable fire protection district and/or agency demonstrating that the site has adequate fire flow, emergency escape routes, fire equipment access and is designed to meet all applicable requirements of the California Fire Code (Cal. Code Regs. Tit. 24 § 9).

8.

If a property does not have direct access to a County maintained roadway, it shall be the responsibility of the land owner or developer to provide written documentation as to their legal right to utilize and improve the road(s) that provide ingress and egress to the site, including secondary access if required, and that the road(s) meet the County minimum standards to serve the development proposed. The land owner or developer shall also be responsible for providing an offer of dedication of the road(s) for acceptance into the County maintained road system, if required by the Department of Public Works. If roads are determined to be inadequate, in width, size, surfacing, capacity, safety or some other standard, it shall be the responsibility of the land owner or developer to bring the road up to the minimum standard required by the Department of Public Works prior to issuance of a certificate of final occupancy.

9.

Subdivision. Development that includes approval of a Tentative Map is subject to the provisions of the Subdivision Map Act and Title 13, Subdivisions of this Code. Where a tentative map is proposed, the public hearing may be expanded to address findings under the Subdivision Map Act. Wherever possible the environmental review performed at the time the site was designated under the Regional Housing Need (RH) Combining District will be utilized in the processing of the subdivision.

D.

Mixed-Use Development. In the event that a site has a Commercial, Industrial, Office Professional or Business Park Base Zoning District and is combined with an RH overlay, the site shall be developed with a use consistent with the Base Zoning District, subject to the development standards shown within said district, prior to or in conjunction with mixed-use residential that can be either vertically or horizontally mixed. The use and minimum density of the residential portion of the site shall be exempt from discretionary review if developed at a density consistent with Regional Housing Need Combining District but shall be subject to the above standards and Zoning Compliance and Building Permit issuance.

(Ord. 2529. (09/12/2023); Ord. 2533. (12/05/2023))

A.

Purpose. The Continuing Care Retirement Community Combining District (CCRC) is intended to provide for housing and care services in an age-restricted setting that includes independent living, assisted living, nursing care, physical rehabilitation, and memory-impairment housing. The concept of CCRCs is to support "aging in place" communities that promote and encourage a wide range of living arrangements for senior citizens that includes physical and programmed social connectivity, and supportive health-related and similar services. CCRCs shall be combined with a PD (Planned Development) District. The location and site planning characteristics of CCRCs shall be carefully considered pursuant to policy provisions contained within the General Plan and will emphasize clustering of development, preservation of open space, and minimizing adverse impacts to the character and lifestyles associated with neighborhoods near the project site.

B.

Uses Permitted. Uses allowed within the base district are allowed within the CCRC Combining District, subject to the level of review and approval established for the base district or as modified herein.

The CCRC Combining District shall also permit, subject to approval of a Use Permit, the following uses:

• Independent Living Units.

• Assisted Living Units.

• Nursing Care.

• Physical Rehabilitation.

• Memory Impairment Housing.

• Ancillary uses supporting the primary CCRC use and providing service to CCRC residents, employees and guests, including: Dining facilities, convenience retail, gift shops, service commercial, laundry facilities, arts and crafts buildings, gardens, indoor and outdoor recreational facilities, and maintenance facilities.

C.

Establishing CCRC Zoning. The following general objectives and requirements shall be used to establish CCRC Combining District zoning for an individual CCRC use:

1.

The Continuing Care Retirement Community shall provide senior housing and care services in an age-restricted setting that includes a mix of housing options that may include independent living, assisted living, nursing care, physical rehabilitation, and memory-impairment housing.

2.

The Continuing Care Retirement Community shall emphasize clustering of development, preservation of open space, and minimizing adverse impacts to the character and lifestyles associated with neighborhoods near the project site.

3.

The Continuing Care Retirement Community shall require approval of a Use Permit (with corresponding Master Plan) from the Planning Commission.

D.

The Continuing Care Retirement Community shall be subject to compliance with the provisions of the California Environmental Quality Act. Standards. The following standards shall apply to new CCRC development applications:

1.

The CCRC development is age restricted to adults fifty-five (55) years of age and older.

2.

Minimum collective CCRC project size shall be fifty (50) acres in Rural Regions and twenty (20) acres in Community Regions.

3.

Maximum CCRC density shall not exceed two (2) units per acre in Rural Regions and six (6) units per acre in Community Regions. CCRCs shall have a maximum of four hundred (400) living units. Nursing Care and/or Memory Care beds shall be included in the overall project density calculations at a ratio of four (4) beds and one (1) kitchen per living unit. Maximum number of persons per acre to be determined in conjunction with processing of Use Permit.

4.

For CCRCs located in Rural Regions, development shall be clustered on the project site; with at least fifty percent (50%) of the total project site (parcel) area shall be open space. Open space shall be generally contiguous, accessible to residents where topographic and other natural site and environmental features allow, and projective of sensitive habitat areas and significant natural features.

5.

Setbacks: The minimum building setback from adjacent property lines shall be thirty (30') feet for residential structures and fifty (50') feet for administrative, dining hall and related ancillary uses. Setbacks for active outdoor use areas shall not be less than thirty (30') feet.

6.

Building Heights: The maximum height of each structure shall not exceed three (3) stories and forty-five (45') feet.

7.

Housing types may vary, including a mix of attached and detached residences for independent and assisted living.

8.

Adequate recreational facilities shall be constructed with each CCRC project, providing for both indoor and outdoor recreational activities, with at least two (2) acres devoted to outdoor recreational areas (which may include trails, play courts, and active open space areas).

9.

Support retail uses shall not exceed one thousand five hundred (1,500) square feet of building space per use.

10.

CCRCs must have reasonable proximity to emergency health care services.

11.

CCRCs must include the following minimum range of services:

a.

Provide and operate ADA equipped transportation services for use by facility residents.

b.

Provide on-site community dining facilities and services, offering a minimum of two (2) meals/day.

c.

Offer a range of on-site personal services for facility residents to help support a self-contained, "village" environment. These services can include: Community-serving general store, beauty shop/barber shop, post office/mailbox room, personal business services, entertainment center, recreation facilities, and similar uses which are of an accessory and supportive nature to the primary CCRC use.

d.

Central laundry service.

e.

On-site Nursing Care, CMT personnel and/or contract medical care for weekly or bi-weekly visits from professional medical staff for facility residents.

f.

On-site, outdoor recreational facilities. This can include swimming pools, trails, play courts and similar improvements and features.

12.

Parking: On-site parking shall be provided as noted below. The number of required onsite parking stalls may be reduced provided the applicant can demonstrate to the satisfaction of the Planning Agency that existing conditions justify a reduction and will not result in a parking deficiency.

a.

Independent Living Units: One (1) stall per unit.

b.

Special Care Units: One (1) stall per four (4) beds.

c.

Administration: One (1) stall per three hundred (300) square feet of gross floor area.

d.

Employees: One (1) stall per each non-administration employee on shift.

e.

Guest Parking: One (1) stall per each three (3) units.

f.

Truck Loading Zone: One (1) space in proximity to the main dining or administrative building.

g.

Parking stall dimensions and locations shall be consistent with Section 12.04.180 of the County Zoning Regulations.

13.

Landscaping: Shall be pursuant to an approved Master Plan for the project site.

14.

Lighting: Shall be pursuant to an approved Master Plan for the project site.

15.

Signage: Shall be pursuant to an approved Master Plan for the project site.

E.

Development Agreements. CCRC project applicants may be required to enter into a Development Agreement with the County to address key development responsibilities of each party, posting of necessary sureties related to project phasing, provision of necessary infrastructure, and other issues. The determination of whether a Development Agreement is required will be made by the County following review of project application materials.

F.

Other Agency Approvals. The project shall obtain all necessary local and State agency and permit approvals, including, as necessary, a certificate of authority and a residential care facility for the elderly (RCFE) license from the California Department of Social Services. Operations of CCRC shall comply with all applicable Community Care licensing laws and regulations.

G.

Non-Conforming Structures. Legally established non-conforming structures may be repaired, altered or reconstructed, without limitation, if the structure has been approved by the Nevada County Historical Landmark Commission and registered by the Nevada County Board of Supervisors, as a historical landmark.

H.

Design Review. Each CCRC Master Plan shall include detailed architectural renderings and plans to allow the Planning Agency to undertake project design review with each Master Plan application, and shall respond to the following provisions:

1.

Architectural planning and design shall incorporate energy efficient design techniques, such as natural heating and cooling systems, use of sun and wind energy generation systems, etc.

2.

Structures located near the project property lines shall be designed and located in a manner that reflects consistency and compatibility with neighboring areas, and shall include appropriate use of building density, heights and design to minimize any intrusion on neighbors.

3.

Outdoor recreation or gathering areas, particularly those that may generate significant noise and/or light and glare, shall be located to minimize intrusion on neighboring properties.

4.

Structures shall be clustered to reduce site disturbance and protect open spaces, natural and environmentally sensitive areas.

5.

Building design shall avoid use of long, unbroken facades, and shall include use of balconies, offset walls, trellises and other design features.

6.

Building design, colors and materials shall generally correspond to the natural setting of the project site, and to any prevalent design styles that may occur in neighborhoods within the general project area.

I.

Findings. A CCRC application may be approved, subject to compliance with the following findings:

1.

CCRCs shall be served by public water and public sewer facilities (community sewer systems referenced by General Plan policy 3.1 are not allowed). Extension of services for CCRCs shall be carefully considered by the County, including evaluation pursuant to the following criteria:

a.

Public water and sewer service line extensions shall be generally limited in distance into Rural Regions unless findings can be made demonstrating special circumstances for longer service line extensions.

b.

Public water and sewer service line extensions to serve a CCRC facility shall not pass through lands designated as Open Space, Recreation or Forest in the General Plan.

c.

Extension of public water and sewer service lines shall not create significant potential for development in areas not otherwise planned for development under the General Plan.

d.

Extension of public sewer and water services must comply with applicable provisions of the particular service provider and County policy as a condition of extension of water and/or sewer services to the project site, including annexation into service area boundaries where required.

2.

Any Rezone application for a CCRC Combining District shall carefully consider any issues of compatibility of the proposed project with surrounding lands and neighborhoods. This shall include an evaluation of:

a.

The type, intensity and location of land uses in the project area.

b.

Potential for creation of any significant transportation/circulation, aesthetic, noise, visual and other environmental considerations.

c.

Evaluation of the proposed CCRC site plan, including proposed structural and use area setbacks from property lines.

d.

Protection of the project area's general character of surrounding land uses and neighborhoods.

3.

Reductions to any of the above standards shall require findings by the Planning Agency with permitting authority, that, as a result of project review and/or design review, the following findings can be made and supporting reasons cited, for each reduced standard:

a.

That the reduction of the standard is necessary for reasonable development of the site, as demonstrated by an analysis of the site constraints identified for the specific site, as identified within the project Master Plan;

b.

That the reduction of the standard will not jeopardize the health, safety or welfare of the project site, or the character of the CCRC, as demonstrated by an analysis of the site; and

c.

That as a result of the reduced standard(s), the project will be consistent with all applicable design standards and/or goals established for the CCRC through the project Master Plan.

4.

That such reductions in development standards do not result in project inconsistency with the General Plan.

J.

Amendments. Any amendment to the provisions of the ordinance established for a Continuing Care Retirement Community zoned with a "CCRC" Combining District shall require a rezone petition.

(Ord. 2363. (04/09/2013); Ord. 2533. (12/05/2023))