The purpose of this Chapter is to provide for special standards for specific land uses that may affect adjacent properties, the neighborhood, or the environment, even if other standards of this Chapter are met. This Chapter establishes standards for the design, location, and operation of specific land uses to avoid their creating problems and hazards and to ensure their consistency with the General Plan.

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

The specific land uses listed in the Chapter shall meet the minimum standards of this Section and all other standards of this Chapter. If the standards of this Chapter conflict with another standard of this Chapter, Specific Land Use provisions shall control. If a specific land use is subject to more than one (1) Section of this Chapter, the most restrictive standard shall apply.

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

A.

Purpose. To encourage agriculture and to promote a strong and sustainable local agricultural economy.

B.

Definitions.

1.

Agricultural Products, for the purpose of this Section, includes fresh fruits, vegetables, nuts, herbs, flowers, honey, poultry, fish, animal and animal products, hay and Christmas trees, but does not include plant nursery stock, live animals, cannabis or cannabis products, wine or wine products.

2.

Agritourism means the act of visiting a working farm or ranch, or any agricultural or horticultural operation for the purpose of involvement in the ancillary activities of the farm, ranch or agricultural operation that also adds to the economic vitality of the operation. Agritourism uses include, but are not limited to, marketing events, farm tours, facilities for the promotion of agricultural crops grown onsite, the sale of farm/ranch branded agricultural related merchandise, educational classes and lectures, U-pick produce, seasonal celebrations, and other gatherings, activities and uses found to be appurtenant to the agricultural business, but shall not include concerts and weddings, camping or other commercial activities/events that are not related to the promotion of the working farm, ranch or agricultural/horticultural operation.

3.

Certified Farmers' Market (CFM) (3 CCR § 1392.2) means a location approved by the County Agricultural Commissioner of that county where agricultural products are sold by producers or certified producers directly to consumers or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users. A certified farmers' market may only be operated by one (1) or more certified producers, by a nonprofit organization, or by a local government agency.

4.

Community Supported Agriculture (CSA) consists of a relationship between an agricultural producer certified by the County Agricultural Commissioner and buyer intended to support and promote the Nevada County agricultural economy and provide citizens with access to Nevada County grown agricultural products through a pre-paid subscription where the subscription pick-up location may include either the host farm or an off-site location when permission is previously granted from the landowner and when the use is not otherwise prohibited by the County Zoning Ordinance.

5.

Field Retail Stand (FAC 47030) means field retail stands are producer-owned and operated premises located at or near the point of production established in accordance with local ordinances and codes. Field retail stands are restricted to only selling fresh, farm-produced fruits, vegetables, nuts and shell eggs, grown by the producer on or near the site. Field retail stands are exempt from standard wholesale size and pack requirements and are exempt from the California Health and Safety Code.

6.

Farm Stand (FAC 47050) means farm stands are field retail stands, that sell or offer for sale California agricultural products grown or produced by the producer, and also sell or offer for sale non-potentially hazardous prepackaged food products from an approved source or bottled water or soft drinks. Farm stands allow farmers to sell fresh produce and eggs grown on their farm as well as Processed Agricultural Products made with ingredients produced on or near the farm, thus enhancing their income and the local economy. (Cal. Food & Agric. Code § 47000(d))

7.

Industrial Hemp (FAC 81000(a)(6)). "Industrial Hemp" or "Hemp" means an agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than three-tenths (0.3) of a percent on a dry weight basis.

C.

Standards.

1.

Crop and tree farming. In any district the use of land for crop and tree farming shall be allowed. Within those districts not intended for agriculture as a primary or secondary use, crop and tree farming shall be considered an interim use. Crop and tree farming does not include the cultivation of Industrial Hemp.

2.

Community Supported Agriculture. Is an allowed use in any district where crop and tree farming are allowed. Pick-up locations shall be consistent with those outlined in the definitions above.

3.

Agritourism, Field Retail Stands and Farm Stands. Agritourism activities and the sale of agricultural products from a field retail stand and/or a farm stand is an allowed use subject to building permit issuance and zoning compliance in the AE, AG, FR and RA zoning districts and the following standards:

a.

Agritourism activities within the RA zoning district and Rural (RUR) General Plan Land Use Designation shall be limited to parcels of three (3) acres or more in size. This minimum parcel size may be reduced subject to approval of a use permit.

b.

Agritourism activities within the RA zoning district not within the RUR General Plan Land Use Designation shall be limited to parcels of five (5) acres or more in size. This minimum parcel size may be reduced subject to approval of a use permit.

c.

Field retail stands and farm stands, as well as the sale of agricultural products at agritourism events are subject to authorization by the County Agricultural Commissioner and may require a permit from the County Department of Environmental Health, if processed agricultural food products are being sold and/or sampling will occur.

d.

The sale of agricultural products, shall comply with all applicable County, State and Federal laws and regulations pertaining to the direct marketing, handling, transport, and protection from contamination of food products including but not limited to Health and Safety Standards of the California Retail Food Code.

e.

A producer may sell products they grow out-of-county as long as it is no more than one-third (⅓) of the volume sold as verified by the Agricultural Commissioner through submitted Certified Producers Certificates.

f.

Field retail stands and farm stands shall be limited to a total of one thousand (1,000) square feet on any one (1) site and shall be limited to ten (10) producers.

g.

Mobile trailers may be used for the temporary sale of produce but must be located outside of any buildings, may not be placed in designated parking areas, and must be removed from the site at the end of each season.

h.

Field retail stands, farm stands and facilities used for agritourism activities shall meet the minimum requirements of the California Building Code for site accessibility and usability to persons with disabilities as determined by the County Building Official.

i.

Any structure used for a field retail stand, farm stand or agritourism activities shall meet the requirements of the California Fire Code regarding general fire safety.

j.

Field retail stands, farm stands and facilities used for agritourism activities shall meet the minimum requirements of the Nevada County Code, the California Health and Safety Code and the California Retail Food Code.

k.

A field retail stand, farm stand or property used for agritourism shall provide direct access to a publicly-maintained road or if the property does not have direct access to a publicly-maintained road, the applicant shall be required to form a new or join an existing road maintenance district (i.e., permanent road division, county service area, community service district). If a homeowners' or road association oversees the maintenance of the private road(s), participation in maintaining the road as defined by Cal. Civ. Code § 845 is required.

l.

All parking shall be provided on site with adequate area for vehicles to enter and exit the site without backing into a road right-of-way or road.

m.

Driveways providing access shall meet County driveway standards. Any road improvements within the County right-of-way shall be subject to obtaining an encroachment permit from the County Department of Public Works.

n.

Field retail stand and farm stand hours of operation are limited to daylight hours. Agritourism activities shall cease at 10:00 p.m.

o.

Noise generated shall not exceed allowable noise limits established by County of Nevada Noise Ordinances, Section 12.04.070.

p.

Signage shall be consistent with "Signs in Agricultural Districts" as shown in Community Design Standards, Section 12.04.210, governing signs in this Code.

4.

Farm Stands. The sale of agricultural products from a farm stand may be allowed in the C1, C2, C3, CH, OP, M1, M2, BP, IDR, PD, P and REC districts subject to approval of an Administrative Development Permit for each site selling produce, providing that the farm stand satisfies those standards provided in this Code and the following:

a.

Farm stands are prohibited in the TPZ, R1, R2, R3, and OS zoning districts.

b.

Farm stands may be permitted for up to three (3) years.

c.

The Administrative Development Permit application for a farm stand shall include the following:

1)

A site plan of the proposed location, drawn to a recognized engineer's scale, delineating the following information:

a)

The location of any existing uses including structures, parking, driveways, and road rights-of-way.

b)

The proposed location for the market and parking area for the market.

c)

Location of sanitation facilities that will be used during operating hours.

d)

Location of animal enclosures, if applicable.

5.

Certified Farmers' Markets. Certified farmers' markets may be allowed within all zoning districts except those provided under standard 5.a below, subject to an Administrative Development Permit and an annual County Department of Environmental Health Food Permit, based on the following standards:

a.

Certified farmers' markets are prohibited in the TPZ, R1, R2, R3, and OS Zoning districts.

b.

This Section authorizes the sale of agricultural products in accordance with California Food & Agriculture Code regulations governing certified farmers' markets.

c.

The sale of agricultural products at a certified farmers' market shall comply with all applicable County, State and Federal laws and regulations pertaining to the direct marketing, handling, transport, protection from contamination, and provisions for adequate sanitation facilities, including obtaining permit(s) issued by the County Department of Environmental Health pursuant to the California Health and Safety Code.

d.

Signage for certified farmers' markets shall be consistent with "Signs in Agricultural Districts" Section 12.04.210, as shown in the Section governing Community Design Standards, shall be temporary and removed at the close of the market each day.

e.

The additional sale of prepared foods, including baked goods and coffee, requires a separate Community Events Permit issued by the County Department of Environmental Health pursuant to the California Retail Food Code. A Community Event can occur adjacent to, but cannot be a part of, the certified farmers' market.

f.

Certified farmers' markets located within Residential or Rural Districts are limited to sites that are developed with an institutional or community support facility with established parking, including schools, churches and community centers.

g.

The market site must have direct access to a County maintained road and may not be located in any public right-of-way or roadway.

h.

Driveways providing access to market sites must meet County driveway standards. Any road improvements within the County right-of-way shall be subject to obtaining an encroachment permit from the County Department of Public Works.

i.

The certified farmers' market site must provide an adequate parking area for vehicles to enter and exit the site without backing into a road right-of-way or roadway. Parking shall be provided completely on the same site as the market. If operating during the business hours of an existing use, the market shall be limited to areas that do not interfere with required parking or parking lot circulation. In no case shall sellers set up within wheelchair-accessible parking stalls established on the site.

j.

Any structure used for a certified farmers' market shall meet the requirements of the California Fire Code regarding general fire safety.

k.

Certified farmers' markets shall occur no more than three (3) consecutive days per week on any one (1) site and may be permitted for up to three (3) years.

l.

The Administrative Development Permit application for certified farmers' markets shall include the following:

1)

Written authorization from the property owner(s) on whose land the use is proposed.

2)

A copy of the completed application for a certified farmers' market, signed by the Agricultural Commissioner or designee.

3)

Certified farmers' markets proposing to utilize an improved parcel shall submit a market schedule and a facility schedule that demonstrates the market will not conflict with approved uses on the site.

4)

A site plan of the proposed location, drawn to a recognized engineer's scale, delineating the following information:

a)

The location of any existing uses including structures, parking, driveways, and road rights-of-way.

b)

The proposed location for the market and parking area for the market.

c)

Location of sanitation facilities that will be used during operating hours.

d)

Location of animal enclosures, if applicable.

e)

Certified and non-certified sections of the market.

6.

Industrial Hemp. The cultivation of industrial hemp or hemp is prohibited in all zoning districts.

(Ord. 2489. (01/12/2021); Ord. 2447. (03/13/2018); Ord. 2427. (01/24/2017); Ord. 2235. (04/10/2007); Ord. 2533. (12/05/2023))

A.

Purpose. The purpose of this Section is to provide standards for the keeping and raising of animals. It is the intent of this Section to encourage the use and protection of agricultural lands, maintain and enhance the County's pastoral character and rural lifestyle, and minimize potential adverse effects on adjoining property from the establishment of incompatible uses related to the keeping and raising of animals.

B.

Definitions.

1.

Animals, Large means horses, mules, donkeys, cattle, goats, sheep, swine, llamas, alpacas, and/or similar livestock.

2.

Animals, Small means common household domestic pets readily classifiable as being customarily incidental and accessory to a permitted residential use when no commercial activity is involved, including, but not limited to, rabbits, guinea pigs, hamsters, fish, snakes, lizards, and small amphibians and reptiles.

3.

Poultry means domesticated birds kept for eggs or meat.

C.

Standards. The keeping and raising of animals shall meet the standards as provided in Table 12.03.040.C. All animals shall be cared for in a manner that does not create a public health problem or a public nuisance or interfere with the public welfare of surrounding properties. All animal enclosures, pens, and cages shall be maintained so as to discourage the proliferation of flies, other disease vectors, and offensive odors.

(Ord. 2479. (06/09/2020; Ord. 2223. (11/14/2006); Ord. 2533. (12/05/2023))

Table 12.03.040.C;eo;Animal Keeping and Raising Standards

Footnotes:

⁽¹⁾  Applies to residential uses associated with a mixed-use project within commercial and industrial districts. Does not apply to commercial and industrial uses within these districts.

⁽²⁾  The keeping of large animals is not allowed on parcels of less than one-half (0.5) acres in size. On parcels of one-half (0.5) acres to three (3) acres, not more than one (1) mature large animal shall be kept for each one-half (0.5) acre of land. This standard may be exceeded subject to approval of a Use Permit. On parcels of more than three (3) acres, there is no limit on the number of large animals. There is no limit for occasional mob or rotation grazing where a large number of livestock are confined to a small area for a short period time and moved regularly to keep weeds out and grass down. This table does not apply to commercial stables which require a use permit in rural districts, as allowed by the land use tables.

⁽³⁾  Where a maximum number of dogs and cats is listed, any combination of these animals is permitted but may not exceed the total as shown in the Table. On parcels of one-half (0.5) acres or less in size, the maximum is not more than six (6) animals, not to exceed three (3) dogs, regardless of zoning. Maximums apply to dogs and cats over six (6) months of age. This table does not apply to commercial kennels which require a use permit as allowed in rural, commercial, and industrial districts, as required by the land use tables. In addition to the provisions of this Chapter, commercial and private kennels as defined in Title 8 of the Nevada County Code, require a kennel license from the Nevada County Department of Animal Control.

⁽⁴⁾  The keeping of game fowl, poultry and rabbits is not allowed on parcels of less than one-half (0.5) acres in size. These animals shall be limited to fifty (50) mature animals (over the age of six (6) months) per one-half (0.5) acre, except that one thousand five hundred (1,500) square feet per mature animal (over the age of twelve (12) months) is required for emus, ostriches, peacocks, or other large fowl.

⁽⁵⁾  Aviaries shall not create odor, noise, or any type of public nuisance noticeable to neighbors.

⁽⁶⁾  No apiary shall be located within one hundred (100') feet of any other property boundary without the consent of the adjacent parcel's owner. Apiary locations are further defined in Title 20 of this Code governing Apiary Locations.

⁽⁷⁾  The following standards shall apply within the RA District:

a.

All chinchillas, minks and similar-sized animals shall be maintained in cages or pens and shall not be allowed to run free on-site.

⁽⁸⁾  Wild, exotic, or non-domestic animals are subject to special authorization from the Department of Animal Control. See Title 8 for details. Such animals may also be subject to special authorization from the California Department of Fish and Game. Specific wild or non-domestic animals may be kept for rehabilitation purposes as shown in Note 9 and further defined in Section 12.03.260, governing Wildlife Rehabilitation Facilities.

⁽⁹⁾  Wildlife rehabilitation facilities are allowed subject to an administrative permit if it meets the standards shown in the Section governing Wildlife Rehabilitation Facilities, Section 12.03.260.

A.

Purpose. To provide opportunities for the onsite raising of domestic chickens in single-family residential (R1) neighborhoods and residential agricultural (RA) zoned properties with lot size less than one-half (0.5) acres.

B.

Definitions. For purposes of this section, backyard chicken shall mean a domestic chick or hen kept on a property and does not include roosters, guinea hens or loud exotic varieties.

C.

Standards. The keeping of backyard chickens shall be allowed in the RA and R1 Zoning Districts based on compliance with the following requirements and standards:

1.

The raising of backyard chickens shall be allowed only on properties containing a single-family dwelling with a fenced rear yard area. Backyard chickens and their eggs are for domestic purposes only with no commercial sales allowed at the property.

2.

All backyard chicken coops shall maintain the following setbacks:

a.

Property line: Ten (10') feet.

b.

Adjacent Residence: Thirty (30') feet.

3.

All chicken feed shall be kept within an enclosed container to prevent the attraction of vermin.

4.

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

5.

The following minimum lot size and corresponding maximum number of chickens shall apply:

Table 12.03.041.A
Property Size/Maximum Number of Chickens

⁽¹⁾  RA parcels of less than one-half (0.5) acres in size.

(Ord. 2479. (06/09/2020); Ord. 2533. (12/05/2023))

A.

Purpose. To allow various types of bed and breakfast inns in residential and rural districts, and to provide development standards that will ensure compatibility of such facilities with the surrounding neighborhood.

B.

Definitions.

1.

Bed and Breakfast Inns, Small means owner occupied single-family dwellings that provide up to three (3) guest rooms without individual kitchens, for temporary sleeping accommodations for paying guests, for a period not to exceed thirty (30) consecutive days.

2.

Bed and Breakfast Inns, Medium means owner occupied single-family dwellings that provide up to five (5) guest rooms without individual kitchens, for temporary sleeping accommodations for paying guests, for a period not to exceed thirty (30) consecutive days. They may also include conducting special events open to a limited number of people as specified in a Use Permit.

C.

Standards. Bed and breakfast inns are allowed subject to approval of a Use Permit based on the following standards:

1.

Small Bed and Breakfast Inns.

a.

Shall be the principal residence of the Bed and Breakfast Inn owner.

b.

Service shall be limited to the rental of rooms and the provision of breakfast and snacks for overnight guests only.

c.

One (1) sign shall be permitted, a maximum of four (4) square feet in size. The Planning Director shall review the design of the sign for architectural compatibility with the structure.

d.

Shall be reviewed by the Departments of Building, Environmental Health, and Public Works for compliance with building, health, transportation, and sanitation requirements.

e.

Shall provide off-street parking at a ratio of one (1) space per each guestroom, plus spaces required for the dwelling. No guest parking is permitted in the required front yard setback.

f.

Shall be considered as single-family residences for the purpose of building codes, unless additional standards are required by the Uniform Fire Code or the Uniform Building Code, as amended and adopted by the County of Nevada.

g.

Shall be registered with the County for Transient Occupancy Tax purposes.

h.

Shall be required to provide an appropriate level of liability insurance customarily available for like uses. Proof of said insurance shall be provided to the Nevada County Planning Department prior to issuance of the permit and subject to annual review and revision by the Planning Director to reflect current conditions.

i.

Shall provide direct access to a publicly maintained road. If the property does not have direct access to a publicly maintained road, the applicant shall be required to form a new or join an existing road maintenance district (i.e., permanent road division, county service area, community service district).

2.

Medium Bed and Breakfast Inns.

a.

Shall meet all of the requirements of a small inn, except as noted below.

b.

Shall provide off-street parking at a ratio of one (1) space per each guestroom, plus spaces required for the single-family dwelling. No guest parking is permitted in the required front yard setback. Parking for approved special events will be required in addition to that required for the Bed and Breakfast Inn use, in accordance with the off-street parking standards of this Chapter.

c.

Medium Bed and Breakfast Inns, and roads providing access to them, shall comply with all applicable requirements of the State Fire Safety Regulations and Uniform Fire Code, as amended and adopted by the County of Nevada.

d.

Medium Bed and Breakfast Inns are subject to annual compliance inspections, at the owner's expense, by the chief of the local fire protection district or, if located outside any local fire protection district boundaries, by the County Fire Marshal.

e.

Special events, such as wedding receptions or social gatherings, may be allowed in a Medium Bed and Breakfast Inn only if specifically allowed in the permit approved and shall be conducted in compliance with all conditions of approval including, without limitation, restricting the number of people attending so as not to exceed the maximum allowed.

(Ord. 2239. (05/29/2007); Ord. 2298. (08/18/2009); Ord. 2432. (05/23/2017); Ord. 2462. (03/26/2019); Ord. 2533. (12/05/2023))

A.

Purpose. To allow for recreational campgrounds and camps of a less intensive nature within rural and forested areas of the County. In general, such uses will provide for more open space, have less need for infrastructure, generate less traffic, and have less on-site development than uses allowed within the REC or CH Districts.

B.

Definitions.

1.

Campgrounds, Low-Intensity means facilities to accommodate tent camping parties that do not exceed an overall density of four (4) tent sites per acre, and excluding recreational vehicles, for a period of less than thirty (30) days.

2.

Camps, Low-Intensity means facilities providing for a sustained experience through various social, recreational, educational, and/or religious opportunities in a group setting that do not exceed an overall density of four (4) campers per acre, for a period of less than thirty (30) consecutive days. They normally include trained leadership, organized programs, and the resources of the natural surroundings to provide for this experience. Individual facilities may include cabins, tent sites, sleeping platforms, group eating and meeting facilities, lodges, various indoor and outdoor recreational facilities, and similar facilities, but shall exclude recreational vehicles.

C.

Standards. Such facilities are allowed subject to approval of a Use Permit based on the following standards:

1.

Ensure consistency with the purpose of the base and combining districts in which they are located.

2.

Ensure compatibility with the existing and future surrounding rural and forest uses.

3.

Ensure compatibility between such facilities and surrounding property owners and the neighborhood by providing for not less than a one hundred (100')-foot non-disturbance buffer around the entire parcel, excluding access and fuel modification to ensure wild land fire safety. Said buffer shall remain in its natural state or a low-intensity open space or recreation use (i.e., pasture, tree farm, hiking trails, etc.). This standard may be revised where the Planning Agency determines that the same practical effect is met through the use of vegetation, fences, walls, or other provisions to ensure minimizing impacts to surrounding property owners and the neighborhood.

4.

Require the approval of a safe and rapid evacuation plan as a condition of approval of the Use Permit.

5.

Ensure that the proposed density will not adversely affect the quality and quantity of the water supply for the neighboring properties.

6.

Parking shall be provided for low-intensity campgrounds at a ratio of one (1) parking space per each four (4) people per camp.

7.

The project shall provide direct access to a publicly maintained road. If the property does not have direct access to a publicly maintained road, the applicant shall be required to form a new or join an existing road maintenance district (i.e., permanent road division, county service area, community service district).

If the Planning Agency determines that use of a road maintenance district is not feasible, the applicant shall join, form, or demonstrate that they are part of a road maintenance agreement. If a Homeowner's Association maintains the private roads, participation in a road maintenance association must be included as part of the Use Permit application and a letter of acknowledgement from the association must accompany the application.

A.

Purpose. To provide locational criteria for churches, service organizations, community and group meeting facilities, social events, and related accessory uses, while ensuring compatibility with adjacent land uses pursuant to Policy 1.24 of the Land Use Chapter of the General Plan.

B.

Definitions.

1.

Church means religious organization facilities operated for worship or promotion of religious activities, including churches, synagogues, mosques, etc., and accessory facilities such as religious schools, living quarters for ministers and staff, and child daycare facilities. Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals, and recreational camps, are classified according to their respective activities.

2.

Community Meeting and Social Event Facilities means facilities that are used as a common meeting place or social hall for formal or informal organizations or clubs, or individuals, and that may be rented or leased for social and entertainment events.

C.

Standards. These facilities are allowed subject to a Use Permit as provided in the Rural, Residential and Commercial land use tables and shall meet the standards of the base districts. Related accessory uses include but are not limited to educational and daycare facilities, parks, and playgrounds. In addition, such facilities located in Residential and/or Rural districts shall also meet the following standards:

1.

Ensure compatibility between such facilities and surrounding property owners and the neighborhood by providing that, where the zoning of adjacent properties provides for residential development as the primary use, a minimum a fifty (50')-foot non-disturbance buffer around the entire parcel, excluding trails, access and fuel modification to ensure wild land fire safety. Said buffer shall remain in its natural state or a low-intensity open space or recreation use (i.e., pasture, tree farm, hiking trails, etc.). This standard may be modified where the Planning Agency determines that the same practical effect is met through the use of landscaping, fences, walls, or other provisions to ensure minimizing impacts to surrounding property owners and the neighborhood.

2.

The project shall provide direct access to a publicly maintained road. If the property does not have direct access to a publicly maintained road, the applicant shall be required to form a new or join an existing road maintenance district (i.e., permanent road division, county service area, community service district).

3.

The minimum parcel size for new facilities shall be as follows:

a.

If served by public water and sewer: One (1) acre;

b.

If served by either public water or sewer: One and one-half (1.5) acres;

c.

If served by individual well and septic systems: Three (3) acres.

4.

All new facilities shall meet the following impervious surface standards:

* Does not apply to uses within Forest General Plan Designation.

A.

Purpose. To establish standards for the siting and design of communication facilities that promote the availability of adequate public services while ensuring compatibility with adjacent land uses.

B.

Definitions.

1.

Antenna means any system of exterior wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves.

2.

Antenna, Minor means an antenna mounted or affixed to a structure, sign, light post or similar structure.

3.

Co-Location means placement on a single tower or structure of one (1) or more antennas or dishes, owned or used by more than one (1) public or private entity.

4.

Communication Facility means a facility that transmits and/or receives electromagnetic signals by way of towers, antennas and microwave dishes, and which includes equipment buildings or structures, parking areas or other accessory development. It may include facilities staffed with other than occasional maintenance and installation personnel, minor antennas, vehicle or outdoor storage yards, offices or broadcast studios.

5.

Communication Tower means a support structure designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. It does not include ground or structure mounted satellite dishes that are less than ten (10') feet in diameter, citizens band radio antennas whose total height is less than twenty (20') feet, nor antennas operated by a federally licensed amateur radio operator as part of the Amateur Radio Service.

C.

Permitting Requirements.

1.

Except as provided in Subsection 3 below, an Administrative Development Permit is required for minor additions to existing facilities or structures if the addition does not conflict with any previous condition of approval for the facility or structure and is designed to blend with the existing structure. If no such findings can be made, the addition shall be subject to a Use Permit. Minor additions include:

a.

Minor antennae that do not meet the criteria for permit exemption, as established in Subsection C.3, below.

b.

Antennae designed to simulate natural features indigenous to the site, e.g. trees and rocks.

c.

A minor expansion of an existing equipment building or structure that does not exceed two hundred (200) square feet or fifty percent (50%) of the square footage of the existing structure, whichever is greater. No more than one (1) such expansion shall be permitted.

2.

All new communication towers and additions that increase tower height, shall be subject to a Use Permit pursuant to Section 12.05.060, governing Use Permits of this Code.

3.

The following are exempt from the permitting requirements of this Chapter:

a.

Radio or television antennae, or communication antennae for non-commercial entertainment and hobby use, accessory to a residence, if located on property within a residential rural zoning district within the exclusive use or control of the antenna user, and which comply with the maximum height requirements of the zoning district.

b.

A ground or building-mounted, receive-only, citizens band or two-way radio antenna, including any mast that is operated on a non-commercial basis if located on property within a residential or rural zoning district.

c.

A ground, building, or tower mounted antenna, operated on a non-commercial basis by a federally licensed amateur radio operator as part of the Amateur or Business Radio Service if located on property within a residential or rural zoning district.

d.

Minor antennae as defined by this Section, including, but not limited to:

1)

Wireless internet transceivers that comply with Federal Communications Commission Regulations, Part 15, as may be amended for applicability to wireless internet service providers, provided that:

a)

Each antenna has a face area of six (6) square feet or less;

b)

Any point of an antenna is within twenty-four (24") inches of the supporting structure;

c)

No more than one (1) antenna support structure may be placed on any one building elevation so as to be visible from a roadway; and

d)

Where attached to a building, each antenna and support structure shall be finished in a muted color so as to blend with the building color.

2)

Antennae added to existing towers which have a face area of six (6) square feet or less, and where any point of the antenna is within twenty-four (24") inches of the supporting structure, are finished to match the tower and do not result in an increase in overall structure height.

3)

Antennae which are affixed to, or located entirely within, a building, sign, light post, or a similar structure, if designed to be an integral part of, and compatible with the design of, the structure to which it is attached, such that the antenna is effectively unnoticeable. Such antennae may not be placed on a nonconforming structure nor exceed allowable height limits for the structure.

D.

Application Requirements. All land use applications for new communication towers shall include the following information:

1.

Detailed information to justify the need for the proposed tower site, i.e., search ring, the desired service area, technical reasons for the proposed tower height and specific site selection standards.

2.

Submit a list of existing towers within the desired service range, information regarding co-location opportunities and evidence of negotiation for co-location on existing towers where such opportunities exist.

3.

If the proposed tower is part of a system requiring multiple facilities, provide a plan showing the location of all proposed towers.

4.

A visual study from surrounding areas that includes a computerized photo simulation of the tower on the site.

5.

Structural elevations of the tower shall include any trees or other structures within twenty (20') feet, and their height.

6.

Towers that are located a distance that is less than one hundred percent (100%) of their height from a property line, a habitable structure or other tower, shall include a report by a structural engineer licensed by the State of California, certifying that the proposed tower is designed to withstand without failure the maximum forces expected from wind, earthquakes, and ice, when the tower is fully loaded with antennas, transmitters and other equipment and camouflaging. The report shall describe the tower structure, specifying the number of and type of antennas it is designed to accommodate, providing the basis for the calculations done and documenting the actual calculations performed.

7.

Applicants shall submit their detailed procedures for reviewing and approving co-location requests from other carriers.

E.

Locational Standards for New Towers.

1.

Communication towers shall be located to minimize their visibility and the number of distinct facilities present, as follows:

a.

No new tower shall be placed on an exposed ridgeline or to silhouette against the sky unless the site is developed with existing communication facilities.

b.

No new tower shall be installed in a location that is not developed with communication facilities or other public or quasi-public uses unless it blends with the surrounding, existing, natural and man-made environment so as to be effectively unnoticeable.

c.

No tower shall be placed in a location readily visible from a public trail, public park or other developed outdoor recreation area unless it blends with the surrounding existing natural and man-made environment so as to be effectively unnoticeable.

d.

No tower shall be installed closer than two (2) miles from another readily visible, uncamouflaged or unscreened facility unless it is a co-located facility, is on a multiple-user site, or is designed to blend with the surrounding existing natural and man-made environment so as to be effectively unnoticeable.

2.

Communication towers shall be set back from property lines as follows:

a.

Where adjacent property is zoned within residential districts, a tower shall be setback from the property line no less than one hundred percent (100%) of its height.

b.

Towers shall be located so as to minimize visual impacts from any public trail, park or developed outdoor recreation area. A minimum fifty (50')-foot setback from any such active area shall be required.

3.

Co-location of new antennas on existing towers is strongly encouraged. Where appropriate to minimize visual impacts, new towers will not be approved where co-location on existing towers is technically feasible, will provide the desired service coverage, and do not result in alterations that create a greater visual impact.

4.

The use of alternative support structures that conceal or camouflage the presence of antennas are strongly encouraged, including man-made trees, light poles, signs, clock towers, bell steeples or other similar structures.

F.

Design Standards.

1.

Wall mounted antennas shall not extend more than four (4') feet from the face of the wall nor consume more than fifty (50) square feet per building face, excluding mountings.

2.

Communication towers are not subject to the maximum building height established within each zoning district. No tower shall exceed one hundred fifty (150') feet in a residential district.

3.

Communication towers and supporting equipment shall be finished and maintained in non-glare colors that minimize their visibility to the greatest extent possible. Equipment attached to the tower shall match the color of the tower. Colors that blend with background landscapes or structures will be required.

4.

The visible exterior surface of communication support facilities, i.e. vaults, equipment rooms and equipment enclosures, shall be designed to be visually compatible with structures typically found in the vicinity of the project site.

5.

Fencing and screening of towers.

a.

All areas disturbed during project construction shall be replanted with vegetation compatible with vegetation in the surrounding area unless the County Fire Marshal requires fuel modification. Native trees are the preferred vegetation.

b.

Existing trees and other screening vegetation in the vicinity of the facility and along the access or utility easements, shall be protected from damage during construction.

6.

Lighting for communication facilities shall be limited as follows:

a.

All approved lighting shall be shielded or directed on site to minimize off-site light spill except for lighting required by the Federal Aviation Administration.

b.

In residential zones, lighting shall be limited to Security lighting that is manually operated or motion-detector controlled.

7.

Signage shall be limited to required address and facility identification signs, emergency and safety hazard signage.

8.

All co-located and multiple-user facilities shall be designed to promote facility and site sharing where feasible, including parking areas, access roads, utilities and equipment.

9.

Towers designed as an integral part of the structure are strongly encouraged within all commercial and industrial districts.

G.

Permit Requirements.

1.

Owners of all approved towers shall be required to agree to allow future co-location by other carriers, and to provide an efficient process for handling co-location requests.

2.

Prior to the issuance of any entitlement permit, the applicant shall provide a Facility Maintenance/Removal Agreement to the Planning Director, binding the developer and successors in interest, to an agreement to:

a.

Maintain the facility as approved; and

b.

Notify the County of intent to vacate the site, agreeing that the applicant will remove all facilities within twelve (12) months unless the site is occupied by a successor; or

c.

Provide a cash bond equal in cost to removing the tower and associated facilities.

3.

A permanent, weatherproof, facility identification sign, no more than twelve (12") inches by twenty-four (24") inches in size, identifying the facility operator and a 24-hour phone number, shall be placed on the fence, the equipment building or tower base. If larger signage is required by the FCC, the applicant shall provide proof of the requirement, and signage shall not exceed the required size.

(Ord. 2206. (05/23/2006); Ord. 2533. (12/05/2023))

A.

Purpose. The purpose of this Section is to identify the permitting requirements and standards for large family daycare homes in a manner that recognizes the needs of daycare operators, provides children the same home environment as provided in a traditional home setting and at the same time minimizes impacts to surrounding residents.

B.

Definitions.

1.

Small Family Daycare Home means a facility where resident child daycare services are provided in the home for eight (8) or fewer children at any one (1) time, including the resident children under the age of ten (10) years, or as provided for in Cal. Health & Safety Code §§ 1596.78—1596.792.

2.

Large Family Daycare Home means a facility where resident child daycare services are provided in the home for seven (7) to fourteen (14) children at any one (1) time, including the resident children under the age of ten (10) years, or as provided for in Cal. Health & Safety Code § 1596.78.

C.

Standards. Such facilities shall be considered a residential use on all parcels within all zoning districts where residential uses are allowed, subject to zoning compliance and building permit issuance and the following standards:

1.

The facility shall be the principal residence of the daycare provider and the use shall be clearly incidental and secondary to the use of the property as a single-family residence.

2.

The facility shall be considered as a single-family residence for the purpose of building codes, unless additional standards are required by the State Fire Marshal.

3.

The facility shall comply with all sanitation and health requirements administered by the County Department of Environmental Health and all health and safety requirements of the State Fire Marshal's Office.

4.

The applicant shall provide one (1) on-site parking stall for every eight (8) children or fraction thereof in accordance with the standards of Section 12.04.180, governing Parking in Community Design Standards as part of this Code.

5.

The applicant shall provide direct access to a publicly maintained road. If the property does not have direct access to a publicly maintained road, the applicant shall be required to form a new or join an existing road maintenance district (i.e. permanent road division, county service area, community service district).

6.

All facilities shall be State licensed and shall be operated according to all applicable State and local statutes and regulations.

For Daycare Centers see 12.02, Land Use Tables.

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

A.

Purpose. To identify applicable standards for employee housing regulated by the California Employee Housing Act, and to facilitate additional housing opportunities for agricultural and resource-based workers.

B.

Definitions.

1.

State-Regulated Employee Housing means employer-provided housing accommodations regulated and permitted by the State of California Department of Housing and Community Development (HCD) in compliance with the California Employee Housing Act, Cal. Health & Safety Code §§ 17000—17062, and the Employee Housing Regulations codified as Title 25, Division 1, Chapter 1, Subchapter 3 of the California Code of Regulations, as may be amended.

2.

Resource-Based Employee Housing means employer-provided housing for employees engaged in the production, processing, sales or management of resources, including agricultural operations, mineral extraction and timber harvesting.

C.

Standards. The following standards and permitting requirements shall apply to employee housing:

1.

State-Regulated Employee Housing. Employee housing for five (5) or more employees is allowed subject to the permitting requirements of the California Employee Housing Act, requiring issuance of a permit to operate from the State Department of Housing and Community Development and compliance with County regulations related to building construction, sewage disposal, water supply, and the following zoning regulations:

a.

Employee housing for six (6) or fewer employees within a single structure shall be allowed subject to the same development standards, permits and fees applicable to a single-family residence.

b.

Employee housing for agricultural workers, consisting of up to twelve (12) units or thirty-six (36) beds in a single structure, shall be allowed subject to the same site development standards, permits and fees applicable to an agricultural use. Such housing shall be compliant the State Housing Law and the Employee Housing Regulations, including but not limited to the duration of use and type of housing.

c.

The property owner shall complete an Employee Housing Information form to identify the type of proposed housing accommodations and to acknowledge the occupancy limitations of State-mandated employee housing.

2.

Resource-Based Employee Housing. Employee housing for four (4) employees or fewer consisting of four (4) or fewer attached or detached dwelling units within a Rural district, is allowed subject to zoning compliance and building permit issuance, unless otherwise specified within this Section, regardless of General Plan or zoning density, if all of the following standards are satisfied:

a.

Employee housing may be established provided that no other dwelling unit, other than a primary, single-family dwelling, and a secondary dwelling unit consistent with density, is established on the parcel.

b.

Employee housing shall be located on the same parcel as the resource use, or adjacent parcels, under the same business ownership.

c.

Employee housing shall be clearly subordinate to and incidental to resource production or management on the site. Concurrent with any application to establish employee housing, the property owner shall submit an Employee Housing Information form to verify the resource-based use.

d.

Employee housing shall not be subdivided from the primary parcel.

e.

Employee housing shall not exceed the following size limitations:

1)

Employee housing units that are not consistent with density shall not exceed one thousand two hundred (1,200) square feet, allowing no more than one (1) four hundred eighty (480) square foot attached non-habitable accessory structure.

2)

Subject to approval of a Use Permit by the County Zoning Administrator, an employee dwelling may be increased in size.

f.

Seasonal Temporary Recreational Vehicle (RV) Use. Employee housing in a Recreational Vehicle as defined by Cal. Health & Safety Code § 18010 may be allowed subject to all standards within this Section and those provided below.

1)

Seasonal Temporary RV use for the cultivation of Agricultural Products as defined by 12.03.030.B.1 Agricultural Products of this Code shall require approval of an Administrative Development Permit to be renewed annually.

2)

Seasonal Temporary RV use for employee housing may be allowed for a period not exceeding one (1) contiguous six-month period in any calendar year.

3)

Seasonal Temporary RVs shall be disconnected from utilities and placed in a location that provides screening from neighboring residences and public roadways to the greatest extent possible and/or removed from the site when not being used as employee housing.

4)

The placement of a Seasonal Temporary RV shall adhere to the standards outlined in Recreational Vehicle Use, 12.03.150.C.13 and Temporary Occupancies as part of this Code except those standards that restrict density and prohibit the collection of rent or fees for occupants of employee housing.

g.

Occupancy of employee housing shall be limited to the resource operator and employees of the operator and their immediate families.

h.

Employee housing shall comply with all codes, standards and fees applicable to the type of housing being proposed.

i.

A deed restriction shall be recorded limiting occupancy to employee housing, prior to authorizing occupancy.

j.

High and very high fire hazard areas. Employee housing sites that are mapped within a high or very high fire hazard zone on the CALFIRE-adopted Fire Severity Map, shall be subject to the following additional standards:

1)

Sites that are served by a road located beyond the dead-end road limits established by Fire Safety Regulations of the County Code, Title 4, shall provide one turnout along the property road frontage for every 800-feet of property frontage. The turnout(s) shall be visible from both directions and shall be constructed to a thirty (30')-foot long, ten (10')-foot wide standard with a twenty-five (25')-foot taper on each end.

2)

Where two (2) or more employee housing units exceed allowable density, the housing units shall be clustered in close proximity to each other, utilizing a common driveway with direct access to a road that is maintained by a public entity, a road-maintenance district, or where it is demonstrated that the housing site adequately participates in a property owner's road association, and which road is improved to a minimum Fire Safe Road Standard pursuant to Fire Safety Regulations of the Nevada County Code.

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

A.

Purpose. To provide for limited commercial activity in the residential and rural districts on properties developed with a residence as the primary use, provided that the home business activity does not impact surrounding residential properties.

B.

Standards. All Home Businesses are subject to approval of an Administrative Development Permit, but not subject to design review, unless specifically exempted by this Section, subject to the following standards:

1.

The following businesses are exempt from the Administrative Development Permit requirement of this Section, 12.05.051, provided they meet the criteria listed in Paragraph 2 below:

a.

Office uses conducted completely within a residence;

b.

Arts and crafts fabrication if conducted completely within the primary residence.

2.

Home businesses which are exempt from the permit requirements of this Section shall be subject to the standards listed herein except that they may not have signage nor generate customer traffic.

3.

The business shall be owned and operated by a resident of the property.

4.

The use of the property for any home business shall be clearly incidental and subordinate to its use as a single-family residence and shall be contained entirely within any one (1) building located on the property, and further provided that not more than twenty-five percent (25%) of the floor area of the dwelling unit nor more than four hundred (400) square feet of the floor area, whichever is greater, shall be used in conducting any such home business, nor shall any home business be conducted in more than one (1) accessory building, the use thereof which shall not exceed one thousand (1,000) square feet.

5.

The business shall not alter the appearance of the premises, including but not limited to lighting, signage and outdoor activity.

6.

No article shall be sold or delivered, or offered for sale and delivery, on-site except articles produced on site.

7.

No more than six (6) business-related vehicle trips (round trips) per day are permitted. Business related traffic trips shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday. The following exceptions to this standard are allowed for educational tutoring:

a.

Business related vehicle trips for educational tutoring may be averaged to allow a maximum thirty-six (36) trips during the allowed six-day period (Monday through Saturday);

b.

The hours of operation for educational tutoring may be extended to 9:00 p.m. where the number of business-related vehicles are parked on-site is limited to no more than one (1) at any time after 5:00 p.m.

8.

All parking for the business shall be provided on site.

9.

One on-site, freestanding or wall sign for businesses requiring a permit, shall be limited to a maximum of four (4) square feet and may not be illuminated.

10.

No equipment or process shall be used in any such home business which generates noise in excess of the noise standards, Section 12.04.070, contained in this Chapter.

11.

No equipment or process shall be used in any home business which generates off-site, detectable vibration, glare, fumes, odors or electrical interference.

12.

All home businesses shall be subject to the regulations of local and State agencies applicable to the conduct of such business, including compliance with the Uniform Building Code, Uniform Fire Code and Health and Safety standards, including the storage of hazardous materials.

13.

Filing fees for Administrative Development Permits shall be as established by the most current resolution of the Board of Supervisors.

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

A.

Purpose. To provide for the sale of dwelling units and parcels within a subdivision.

B.

Definitions.

1.

Model Home, Temporary means a dwelling used on a temporary basis for the public display and sale of dwellings and parcels within a subdivision.

C.

Standards. Model homes are allowed subject to zoning compliance and building permit issuance, if required, based on the following standards:

1.

Such model homes shall be designed and used for public display for a period not to exceed three (3) years from date of final inspection, not including real estate offices;

2.

The model home shall be a permitted residential structure within the base zoning district and will serve as a primary residence at the expiration of the three-year period;

3.

Only one (1) model home shall be allowed per parcel;

4.

All site development standards applicable to the base district shall be applicable to the model home;

5.

All lighting shall comply with the standards of Section governing Lighting in Community Design Standards, Section 12.04.170;

6.

Direct access shall be provided from a two (2) lane, paved County maintained road;

7.

The hours of operation shall be limited to the hours of 8:00 a.m. to 8:00 p.m;

8.

No more than two (2) employee/employer personnel may be assigned to the site. Employees associated with off-site construction shall not be accommodated or dispatched from the property nor shall construction material or equipment be stored on the property;

9.

A landscaping plan shall be submitted consistent with the design standards of Section 12.04.160, governing Landscaping in Community Design Standards. High priority shall be given to protect existing natural landscaping, providing adequate buffering from adjacent land uses and installing supplemental landscaping in order to enhance the appearance of the site;

10.

Signs shall be non-illuminated and not exceed four (4) square feet in area, limited to one (1) sign per street frontage. One (1) freestanding sign, not exceeding six (6') feet in height, is permitted. No balloons, flags, banners or similar contrivances are permitted. Upon expiration of the use, said signs shall be removed;

11.

All fees applicable to the establishment of a single-family dwelling shall be applicable to the model home.

When approved as part of a Use Permit, natural resource materials existing on-site may be processed for utilization as construction materials necessary to complete the approved project.

Natural resources include, but are not limited to, extracted and processed sand and gravel, mine tailings and timber products.

Nothing contained herein shall be construed to permit the installation of permanent processing facilities, the importation of materials to be processed, or the commercial extraction of natural resources to be sold or utilized off-site, contrary to the provisions of the zoning district in which the premises are located.

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

A.

Purpose. To allow for public utility uses and structures within all zoning districts and provide development standards for such uses and structures.

B.

Definitions.

1.

Public Utility means any company under the jurisdiction of the California Public Utility Commission or County District under the jurisdiction of a Board of Trustees.

2.

Public Utility Uses and Structures means any use of land or structures by a public utility. See Section governing Communication Towers for tower definition and standards.

C.

Non-Regulated Activities. The provisions of this Chapter shall have no application to:

1.

Underground or above-ground pipelines, meters, regulators, poles or wires installed by a public utility for local collection or distribution, excepting electrical transmission lines carrying over one hundred twenty thousand (120,000) volts and electrical substations.

2.

Communication dishes and antennas for non-commercial entertainment and hobby accessory to a residence, and for entertainment and communication uses required by a business for its own use as part of an Administrative Development or Use Permit.

D.

Uses Requiring an Administrative Development Permit in accordance with Section 12.05.051 requirements of this Code. An Administrative Development Permit shall be required for a single public utility structure where the following standards are met:

1.

Less than six hundred (600) square feet of floor area;

2.

Less than thirty-five (35') feet in height;

3.

Not more than one (1) public utility dish not more than twenty (20') feet in height;

4.

Unmanned except for periodic maintenance;

5.

No outside storage or facilities;

6.

Existing and proposed vegetation will effectively attenuate any potential adverse aesthetic impacts associated with the project.

E.

Uses Requiring a Use Permit in accordance with Section 12.05.060 requirements of this Code. All other public utility uses shall require a Use Permit. Public utility communication towers shall meet the standards of Communication Towers and Facilities Section.

F.

Electrical Lines and Electrical Substations Standards.

1.

Non-Regulated Activities. Electrical transmission and distribution lines carrying up to one hundred twenty thousand (120,000) volts.

2.

Land Use Permit Regulations. Permitted in all base districts except the R1, R2 and TPZ Districts, these uses are subject to a Use Permit:

a.

New or upgraded electrical transmission lines carrying over one hundred twenty thousand (120,000) volts, to be reviewed by the Board of Supervisors, unless preempted by State law;

b.

Electrical substations subject to the design standards of Section governing Public Utility Uses and Structures, Section 12.03.140.F.5, to be reviewed by the Planning Agency, unless exempted by State law.

3.

Use Permit Application. In addition to the required project description and environmental documentation for the project, any Use Permit application for electrical transmission lines carrying over one hundred twenty thousand (120,000) volts or electrical substations shall include the following:

a.

A documented statement of need for the project and a documented analysis of the benefits of the project to the residents and property owners of the County of Nevada;

b.

An outline of alternatives to the project as proposed, including alternative routes, sites and structure types;

c.

An outline of construction and future maintenance procedures which demonstrate protection of the health, safety and welfare of humans and wildlife.

4.

Standards for location of electrical transmission lines carrying over one hundred twenty thousand (120,000) volts. If unable to comply with any standards established below, the applicant shall demonstrate why compliance is infeasible:

a.

Rights-of-way shall be selected to preserve the natural landscape and minimize conflicts with present and planned uses of the land on which they are to be located;

b.

Where possible, retirement or upgrading of existing lower voltage transmission circuits shall be required to allow construction of higher voltage, higher capacity circuits on the existing right-of-way;

c.

Properly sited established rights-of-way shall be used where warranted for the location of additions to existing transmission facilities;

d.

The joint use of electrical transmission facilities by two (2) or more utilities is required, when feasible, to reduce the total number of transmission lines constructed. Where technically feasible, other types of transmission facilities shall also share existing rights-of-way (i.e. communication facilities, pipelines, etc.);

e.

The relative advantages and disadvantages of locating a new line either adjacent to or widely separated from existing transmission lines will be considered so boundaries are avoided which will create unusable hiatus areas;

f.

Rights-of-way shall avoid heavily timbered areas, steep slopes, and proximity to main highways and scenic areas. Where possible, transmission line crossings of major roads in the vicinity of intersections or interchanges shall be avoided;

g.

Long views of transmission lines parallel to existing or proposed highways shall be avoided and alternative routes away shall be considered. Where ridges of timber areas are adjacent to highways or other areas of public view, overhead lines shall be placed beyond the ridges or timber areas;

h.

Transmission lines shall be located to avoid crossing at high points in the road so that the towers cannot be seen from a great distance. Instead, where possible, highway crossings shall be made between two (2) high points, at a dip, or on a curve in the road;

i.

Facilities shall avoid expanses of water and marsh land and particularly those utilized as flight lanes by migratory waterfowl and as heavily used corridors by other birds. Areas of wildlife concentrations, such as nesting and rearing areas, shall be absolutely avoided;

j.

In forest and timber areas, long spans shall be used at highway crossings in order to retain the natural growth, to screen the tower structure, or a planted screen shall be provided between the highway and the towers;

k.

Long views of transmission lines perpendicular to highways, down canyons and valleys or up ridges and hills shall be avoided. Lines shall approach these areas diagonally and shall cross them at a slight diagonal. Lines shall cross canyons up slope from roads that traverse the length of the canyon;

l.

Transmission facilities shall be located part way up slopes to provide a background of topography and/or natural cover where possible. The facilities shall be screened from highways and other areas of public view to the extent possible with natural vegetation and terrain;

m.

Rights-of-way shall not cross hills and other high points at the crests. To avoid placement of a transmission tower at the crest of a ridge or hill, space towers below the crest or in a saddle to carry the line over the ridge or hill. The profile of facilities shall not be silhouetted against the sky;

n.

Rights-of-way shall avoid scenic highways, parks, monuments, scenic recreation or historic areas. If a line must be located in or near those areas, the feasibility of placing the line underground shall be clearly determined. If the line must be placed overhead, it shall be located in a corridor least visible to public view. Other standards or conditions as necessary to minimize adverse impacts shall be imposed by the agency administering the lands involved;

o.

When crossing a canyon in a forest, high, low-span towers shall be used to keep the conductors above the trees and to minimize the need to clear all vegetation from below the lines. Clearing in the canyon shall be limited to that which is necessary to string the conductors, and in those cases construction should be aided by helicopter. Rights-of-Way through scenic forests or timber areas shall be deflected to avoid Rights-of-Way appearing as tunnels cut through timber;

p.

Line construction and maintenance shall use existing roads to the maximum extent possible. Where possible, use of helicopters should occur rather than new road construction;

q.

Towers and substations shall be strategically located to utilize existing topography, vegetation, etc., for screening and structures shall be colored to blend with surrounding landscape. When lines are adjacent to highways, guyed towers shall be avoided where possible;

r.

The time and method of clearing rights-of-way and tower construction shall demonstrate protection of water quality, soil stability, wildlife habitat and natural vegetation. The use of "brush and blades" instead of dirt blades on bulldozers is required to preserve the cover crop of grass and low-growing vegetation. Where vegetative cover is destroyed, re-planting of native vegetation of the type destroyed shall be required;

s.

Construction and maintenance procedures shall be defined in the project description and shall demonstrate protection of the health of humans and wildlife.

5.

Design Standards for Location of Electrical Substations. The objective of this Subsection is to effectively design electrical substations to be compatible with their surroundings. The decision-making body or other committee having design review responsibilities appointed by the Board of Supervisors shall review the following design standards:

a.

All electrical substations shall be a "low profile design" and be completely enclosed with a six (6')-foot minimum height (up to a maximum of eight (8') feet if approved as part of the Use Permit) fence, wall, or a chain-link fence with slats and landscaping;

b.

Where a fence or wall is used, such fence or wall shall include any one (1) of the following combinations of materials:

1)

Masonry.

2)

Concrete panels with textured or other architectural treatment on the exterior.

3)

Framed wooden wall construction with or without false roof.

4)

Combination of wood and masonry or concrete.

c.

Impervious Surface Standards. The maximum impervious surface standards of the base zoning district and/or the open space standards provided in Section governing Permanent Open Space/Maximum Impervious Surface in Community Design Standards, Section 12.04.190, whichever is greater, shall be met for that portion of the use contained within the screened area;

d.

Setbacks. Shall be as specified in Section 12.04.140, governing Building Setbacks in Community Design Standards and the base district;

e.

Color. When natural materials are not used, earth tone colors shall be used. Such colors shall be subject to review and approved by the decision-making body.

f.

Landscaping. A landscaping plan (including irrigation) shall provide for landscaping of all areas outside of the fenced or walled substation. The landscape plan shall incorporate and retain the existing natural landscaping when possible and be supplemented as necessary in order to enhance the appearance of the substation and provide transitional screening from adjacent properties and other view corridors;

g.

Undergrounding. When possible and where necessary, source-in and circuit-out electrical lines shall be installed underground.

6.

Findings and Conditions. Findings for approval, in addition to those findings required in the Use Permits Section, shall include:

a.

To the extent that it is feasible, the project complies with the standards of this Section;

b.

The proposed facilities are consistent with all elements of the Nevada County General Plan and any applicable specific plan;

c.

There are no superior and feasible alternatives to the project as proposed.

G.

Power Plants.

1.

Power plants regulated by this Chapter are only those that are constructed by "other than local agency" as defined by Cal. Gov't Code § 53090 and excluding other plants exempted from local zoning jurisdiction by either Federal or State laws. For purposes of determining whether the County of Nevada has jurisdiction over small hydroelectric power plants, all of the following standards must be used.

2.

If any of the above items are applicable, jurisdiction shall remain with the Federal Energy Regulatory Commission (FERC).

3.

When the energy derived from an individually operated small power plant is used totally on-site for a use not requiring a discretionary land use permit, the provisions of this Section will not apply. However, when such a facility is being constructed as part of a new land use or an addition to an existing land use requiring a discretionary land use permit, said power plant must also be reviewed.

4.

Alternative energy sources which may be used for a conditionally permitted power plant include, but are not limited to, wind, hydroelectric, solar photovoltaics and bio-mass, but do not include nuclear fission, and specifically exempting therefrom, individually operated small power plants where the energy derived is used on-site except in the AG, and FR Districts where private, non-commercial, bio-mass, co-generation and hydroelectric power plants require a Use Permit.

5.

Power plants subject to the authority of the County of Nevada shall require a Use Permit which will be considered by the Planning Agency.

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

A.

Purpose. To provide for the temporary occupancy of recreational vehicles on property not located within a mobile home park or a campground, and which are not subject to the Employee Housing regulations established in Section 12.03.100 this Chapter.

B.

Definitions.

1.

Recreational Vehicle shall be as defined by Cal. Health & Safety Code § 18010.

C.

Standards. A Recreational Vehicle may be used for temporary occupancy subject to zoning compliance and building permit issuance, if necessary, based on the following standards, which shall be met before any temporary occupancy of a recreational vehicle, occurs or is allowed to continue pursuant to this Subsection:

1.

Unless specifically exempted by this Section, a Temporary Residence Permit shall be obtained from the Building Department upon proof of compliance with applicable standards. A reasonable fee may be collected for issuance of the Permit, and renewals thereof. Said fee shall be as established pursuant to the latest adopted resolution of the Nevada County Board of Supervisors.

2.

No more than one (1) recreational vehicle may be occupied per parcel for any and all permitted occupancies except for resource based seasonal agricultural employee housing as allowed by Section 12.03.100 of this Code.

3.

All site development standards and separation requirements applicable to single-family dwellings shall apply to placement of the Recreational Vehicle to be occupied.

4.

Sewage disposal and water for service supply shall be approved by the Department of Environmental Health.

5.

A Recreational Vehicle used for temporary occupancy shall be structurally sound and protect its occupants against the elements.

6.

The County Fire Marshal, or their designee, shall inspect the site to ensure that the placement of the Recreational Vehicle complies with the flammable vegetation clearance requirements of Cal. Pub. Res. Code § 4291.

7.

Smoke and Carbon Monoxide Detectors. Every sleeping area and the hallway providing access to the sleeping area shall be provided with operable smoke detectors. If an internal combustion generator powers the Recreational Vehicle, and such generator is incorporated into or within ten (10') feet of the qualified Recreational Vehicle, a minimum of one (1) carbon monoxide monitor/alarm shall be required. A carbon monoxide detector shall be required for any unit that contains a carbon-fueled appliance or heating device.

8.

Heating Systems. Heating systems shall be maintained in accordance with the manufacturer's requirements. Any additional or new solid- or liquid-fuel burning appliances to be used in a Recreational Vehicle shall be installed, used and maintained in accordance with the listing for the appliance and the manufacturer's requirements, including provisions allowing their use in Recreational Vehicles.

9.

LP-Gas System. LP-gas storage and delivery system shall be maintained in accordance with the manufacturer's requirements. In lieu of complying with the manufacturer's requirements, additional storage of LP-gas is permitted provided the storage and delivery systems comply with the current editions of California Building and Fire Codes as adopted in Title 14 governing Building in this Code.

10.

Any water, sewage drain, electrical, fuel supply or other utility connection and installation shall conform to State and local regulations and require inspection by the Building Department and a permit.

11.

A current DMV registration and operating permit shall be required and maintained on the Recreational Vehicle at all times.

12.

The recreational vehicle shall be set up in compliance with the manufacturer's minimum specifications and shall remain mobile. No ancillary structures (except ramadas where necessary to meet the applicable snow load requirements) may be permitted with regard thereto for the temporary occupancies provided for herein.

13.

No rent may be charged or collected for any of the temporary occupancies provided for herein.

14.

Upon request of a County code enforcement officer investigating any complaint, satisfactory evidence shall be presented of continuing compliance with the applicable standards for temporary occupancy or the occupancy shall cease.

D.

Security Housing. Security personnel may occupy a recreational vehicle on the site of a church or other community facility or public use land requiring on-site security, for a maximum three-year period, subject to the issuance of a Use Permit. Pursuant to Permit Time Limits, security housing approved through a Use Permit is eligible for two-year (2) extension of times for the Use Permit, for length of occupancy.

E.

Temporary Urgent Medical Care. A recreational vehicle may be used as a temporary residence, in addition to a legally established permanent dwelling existing on any parcel, when one (1) is occupied by a person in serious medical need of 24-hour on-site care, and the other is occupied by a qualified person providing such care, subject to issuance of an Administrative Development permit from the Planning Department, if all the general criteria established in Subsection C of this Section are complied with, and so long as the following special criteria are also met:

1.

There shall be no other available accommodations (i.e. second units, guest houses) on the property that could be utilized for the purpose of providing urgent medical care, and evidence of such shall be submitted to the satisfaction of the Planning Department;

2.

Permits shall be valid for six (6) months, renewable every six (6) months, at an at-cost hourly planning fee, so long as the serious urgent medical need continues, and require current confirmation of a licensed physician of the medical need for continual care. The Permit shall expire and the use discontinued when the need ceases. The Recreational Vehicle shall be unoccupied within ten (10) days of permit expiration;

3.

Where the unit is to be placed on property subject to recorded deed restrictions or CC&R provisions, not required by the County, that may preclude such a unit, any approval shall not become effective until thirty (30) days after the applicant has given written notice thereof to the active Homeowners' Association or other entity entitled to enforce such restrictions or CC&Rs. If no such entity can reasonably be located, the applicant shall provide notice to all property owners subject to same restrictions or CC&Rs. The applicant shall provide the County with proof of notice to be included in the Building Department file.

F.

Seasonal Use. Seasonal stays in a Recreational Vehicle are permitted for the owners of any parcel with no permanent dwelling thereon, not to exceed a total of ninety (90) days between April 15th and October 15th of any one (1) calendar year. Seasonal use is not subject to a Temporary Residence Permit, provided that:

1.

The Recreational Vehicle must be currently licensed;

2.

Siting of the Recreational Vehicle must satisfy Cal. Pub. Res. Code § 4291 for vegetation clearance around the Recreational Vehicle.

3.

The property owner is required to notify their Fire District, or the California Department of Forestry where there is no local Fire District, of the location of, and access to, the Recreational Vehicle, and to obtain Ca. Pub. Res. Code § 4291 regulations.

4.

The property owner must have an operating 2A10BC fire extinguisher available within or on the Recreational Vehicle at all times.

G.

Overnight Guest Stays. Overnight stays in a Recreational Vehicle are permitted for non-paying guests of the occupants of any legally established permanent dwelling on the parcel, not to exceed a total of ninety (90) days per parcel in any calendar year, without a Temporary Residence Permit, provided that standards of Section F.1 through Section F.4, above, are satisfied.

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

A.

Purpose. As required by Cal. Gov't Code § 65915, and as provided by policy in Chapter 8 of the Nevada County General Plan, the purpose of this Section is to provide density bonuses and other incentives, concessions, or waivers for certain housing projects affordable to lower income, very low income, senior citizen housing, and moderate income housing projects.

This zoning ordinance includes additional density bonus and incentive provisions in Section governing Transitional and Supportive Housing.

B.

Standards. In order to be eligible for a density bonus and other incentives as provided by this Section, a proposed residential development project shall meet all the applicable eligibility requirements of this section:

1.

Consist of five (5) or more rental units, or dwelling units offered for sale; and

2.

Be designed and constructed so that at least:

a.

Ten percent (10%) of the total number of proposed units are for lower income households, as defined in the Cal. Health & Safety Code § 50079.5; or

b.

Five percent (5%) of the total number of proposed units are for very low-income households, as defined in the Cal. Health & Safety Code § 50105; or

c.

Fifty percent (50%) of the total number of proposed units are for qualifying residents as determined by Cal. Civ. Code §§ 51.3 and 51.12 (senior of any income level), or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Cal. Civ. Code §§ 798.76 or 799.5; or

d.

Ten percent (10%) of the total number of proposed units are for families of moderate income (eighty percent (80%) to one hundred twenty percent (120%) of median income) as defined by Cal. Health & Safety Code § 50093; or

e.

Fifty percent (50%) of the total number of proposed units are for workforce housing (sixty percent (60%) to one hundred fifty percent (150%) of median income); or

f.

Ten percent (10%) of the total number of proposed units are for transitional foster youth, as defined in Cal. Educ. Code 66025.9, disabled veterans, as defined in Cal. Gov't Code § 18541, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11301 et seq.). The units described in this subparagraph shall be subject to a recorded affordability restriction of fifty-five (55) years and shall be provided at the same affordability level as very low-income units; or

g.

Twenty percent (20%) of the total number of proposed units are for lower income students in a student housing development for an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges; or

h.

One hundred percent (100%) of the total number of proposed units including total units and density bonus units, but exclusive of a manager's unit or units, are for lower income households, as defined by Cal. Health & Safety Code § 50079.5, except that up to twenty percent (20%) of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Cal. Health & Safety Code § 50053; and

i.

The units described herein shall be subject to the continued affordability requirements of all very-low- and low-income rental units that qualified the applicant for the award of the density bonus for fifty-five (55) years or a longer period of time, as described in State Density Bonus Law at Cal. Govt. Code § 65915, Subdivision I, Paragraph (1) - 65918. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Cal. Health & Safety Code § 50053.

3.

Satisfy all other applicable provisions of this Chapter.

C.

Type of Bonus and Incentives Allowed. The county will allow a residential development a density bonus and concessions or incentives meeting all the applicable eligibility requirements of this section.

1.

A housing development that satisfies all applicable provisions of this Section shall be entitled to the following density bonus and other incentives or concessions:

a.

If an applicant elects to construct units for low-income households for at least five percent (5%) of the total dwelling units, the development shall be entitled to the following density bonus calculation and incentives or concessions:

b.

If an applicant elects to construct units for very-low-income households for at least ten percent (10%) of the total dwelling units, the residential development shall be entitled to the following density bonus calculation and incentives or concessions:

c.

If an applicant elects to construct units for moderate income households for at least ten percent (10%) of the total dwelling units, the development shall be entitled to the following density bonus calculation:

d.

If an applicant elects to construct a senior citizen housing development with at least fifty percent (50%) of the total dwelling units for senior citizens, the density bonus shall be twenty percent (20%) of the total number of allowed housing units without the density bonus, or as described in Subsection e. of this Section.

e.

If an applicant elects to construct a Senior Citizen or Disabled Apartments or a Senior or Disabled Independent Living Center development with one hundred percent (100%) of the total dwelling units for senior citizens, the development shall be entitled to the following density bonus calculation:

Footnote:

⁽¹⁾  As part of the Use Permit consideration, the hearing body may restrict the total number of resident cars to be parked on-site or designate employee or visitor parking.

i.

In order for a project to qualify for a density bonus under this Subsection, it must meet the following minimum standards:

1.

Residents must be fifty-five (55) years of age or older or disabled. In the case of married or cohabitant couples, at least one (1) occupant must be fifty-five (55) years or older or disabled.

2.

The project must be located on an existing transit line, have an all-weather bus shelter stop, approved by the local transit authority, immediately adjacent to the project, and be readily served by a public transit provider.

3.

The project must provide for or otherwise bear the cost of providing for paratransit demands of the project's residents.

4.

A minimum of five percent (5%) of the total indoor floor space must be devoted to recreation/social/educational facilities (i.e., recreation room, library, TV room, multi-purpose common room, etc.).

5.

All on-site facilities may only be used for the private use of the residents living on-site and their invited guests.

6.

The proposed project shall be served by a public water supply as defined in the Section of this Code governing Water Supply and Resources and a publicly owned and operated sanitary sewer system as defined in Section governing Centralized Wastewater Collection, Treatment and Disposal System of this Code.

f.

If an applicant elects to construct a housing development with at least fifty percent (50%) of the total units for workforce housing, the density bonus shall be twenty percent (20%) of the total number of allowed housing units without the density bonus.

i.

In order for a project to qualify for a density bonus under this Subsection, it must meet the following minimum standards:

1.

No less than fifty percent (50%) of the adult tenants must work full-time within the boundaries of the County of Nevada.

2.

No less than twenty-five percent (25%) of the units shall target the sixty (60) to eighty percent (80%) median family income range.

g.

If an applicant elects to construct a housing development with at least ten percent of the total dwelling units for transitional foster youth, disabled veterans, or homeless persons, the density bonus shall be thirty-five percent (35%) of the total number of allowed housing units without the density bonus and the applicant may request one (1) incentive or concession.

h.

If an applicant elects to construct units for low income households with one hundred percent (100%) of the total dwelling units, exclusive of manager's unit(s), except that up to twenty percent (20%) of the total units in the development may be for moderate-income households, the density bonus shall be eighty percent (80%) of the number of units for lower income households and the applicant may request four (4) incentives or concessions. If the housing development is located within one-half (0.5) mile of a major transit stop, as defined in Cal. Pub. Res. Code § 21155, there shall be no maximum density, the applicant may request four (4) incentives or concessions, and the applicant shall also receive a height increase of up to three (3) additional stories, or thirty-three (33') feet.

i.

If an applicant elects to donate lands to the County in accordance with the State Density Bonus Law at Cal. Gov't Code § 65915, Subdivision (g)-65918, the development shall be entitled to the following density bonus:

* Density Bonus is a density increase over the otherwise maximum allowable residential units permitted under existing zoning or the General Plan Land Use Element whichever is more restrictive.

EXAMPLE: The zoning for a parcel is R3 (twenty (20) units per acres). By meeting all of the density bonus standards, the bonus is one hundred twenty-five percent (125%).

20 UPA x 1.25 = 25 UPA + 20 UPA = 45 UPA Total

3.

An applicant may request the following incentives or concessions for affordable housing only when the residential project is eligible for, and the applicant requests, a density bonus pursuant to this Section. For the purposes of this Section, an incentive means the following:

a.

A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Cal. Health & Safety Code §§ 18901—18919 including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Cal. Health & Safety Code § 50052.5, or for rents for the targeted units to be set as specified in Subdivision I.

b.

Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

c.

Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Cal. Health & Safety Code § 50052.5, or for rents for the targeted units to be set as specified in Subdivision I.

d.

Reduction by fifty percent (50%) all County permit fees for projects that develop housing for very low-income households, lower income households or housing for persons with disabilities as defined by the California Fair Employment and Housing Act and the Federal Fair Housing Amendments Act of 1988.

4.

All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.

D.

Continued Availability. The land use permit application or tentative map application for the residential project shall include the procedures proposed by the developer to maintain the continued affordability of all very low or lower income and senior citizen units as well as moderate income density bonus units as follows:

1.

Projects with Density Bonus and Other Incentive. Projects receiving a direct financial contribution or other financial incentive from the County, or a density bonus and at least one (1) other concession or incentive as provided by Subsection C of this Section, shall maintain the availability of all very low or lower income units for a minimum period of fifty-five (55) years required by Cal. Gov't Code §§ 65915 and 65916 or longer if required by the Construction or Mortgage Financing Assistance Program, Mortgage insurance Program or Rental Subsidy Program, as applicable by these programs.

2.

Projects with Density Bonus Only. Privately financed projects that receive a density bonus as the only incentive from the County consistent with Cal. Gov't Code § 65915, shall maintain the availability of very low- and lower-income density bonus units for fifty-five (55) years where such units are rented or leased. Where such housing is owner-occupied, the applicant shall agree to ensure, and the county shall ensure that a for-sale unit that qualified the applicant for the award of the density bonus meets the conditions described in Cal. Gov't Code § 65915(2)(A). Privately financed projects that receive a density bonus as the only incentive from the County consistent with Cal. Gov't Code § 65915(c), shall maintain the availability of senior citizen units as well as moderate density bonus units for ten (10) years where such units are rented or leased.

3.

Deed Covenant Required. The deed to the designated units shall contain a covenant stating that the developer or their successor in interest shall not sell, rent, lease, sublet, assign or otherwise transfer any interests for same without the written approval of the Director of Nevada County Health and Human Services Agency confirming that the cost of the units will remain consistent with the limits established for the affected density bonus.

4.

Other Incentive Only. Projects which include other incentives, not including public financing, or density bonuses, shall have the minimum period established by Use Permit consistent with the benefit received. In no event shall such minimum period be less than ten (10) years.

E.

Land Donation. If an application submitted pursuant to this Section includes a request for a density bonus based on an offer to donate land in accordance with the State Density Bonus Law, then a complete application, in addition to other requirements of this Section, shall satisfy the requirements defined in Cal. Gov't Code § 65915(g).

F.

Procedures. The County shall approve, modify or disapprove the application to donate land in accordance with the requirements of this Section and the State Density Bonus Law. A request for a density bonus and regulatory concessions and/or incentive shall require a Use Permit and be subject to the following provisions:

1.

Supporting Information. The developer shall include information with the application, based upon building industry standard, to substantiate that any requested waiver or modification of zoning or subdivision standards is meets the following standards:

a.

The concession or incentive does results in identifiable and actual cost reductions, consistent with Cal. Gov't Code § 65915(k), to provide for affordable housing costs, as defined in Cal. Health & Safety Code § 50052.5, or for rents for the targeted units to be set as specified in Cal. Gov't Code § 65915.

b.

The concession or incentive would not have a specific, adverse impact, as defined in Paragraph (2) of Subdivision (d) of Cal. Gov't Code § 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.

c.

The concession or incentive would not be contrary to State or Federal law.

2.

Initial Review. Proposed bonus requests shall be included as part of the application for Use Permit for the residential project, which may be a subdivision and be accompanied by a tentative map and shall be reviewed by the Planning Director. Proposed bonus requests shall satisfy the following requirements:

a.

Identify the section and/or subdivision of the State Density Bonus Law under which the application is made.

b.

Quantify the total density bonus requested, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this Section.

c.

Identify any incentives or concessions requested by the applicant, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this Section.

d.

Identify any waivers, reductions, or modifications of development standards requested by the applicant, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this Section.

e.

Provide information satisfactory to the director to enable the County to determine whether the requirements of the State Density Bonus Law and this Code have been met by the applicant, including, for example, the project cost per unit and whether any requested incentive or concession is necessary to make the housing units economically feasible (see Cal. Gov't Code § 65915, Subdivision (d)). Such information may include capital costs, equity investment, debt service, projected revenues, operating expenses, and any other information deemed necessary by the Director.

3.

Findings for Approval. In addition to the findings required for approval of the application for the project, support of a density bonus by the Planning Director and the approval of the bonus by the applicable approval body shall also require the following special findings:

a.

Adequate evidence exists to indicate that the development of the property in compliance with the permit will result in the provision of affordable housing in a manner consistent with the purpose and intent of this Section.

b.

If the County does not grant at least one (1) financial concession or incentive as defined in Cal. Gov't Code § 65915 in addition to the density bonus, that the additional concession or incentive is not necessary in order to provide for affordable housing costs as defined in Cal. Health & Safety Code § 50525 or for rents for the targeted units to be set as specified in Cal. Gov't Code § 65915.

c.

There are sufficient provisions to guarantee that units will remain affordable in the future.

G.

Residential Inclusionary Affordable Housing Component. In addition to the above incentives, all projects or subdivisions within the Town of Truckee's Sphere of Influence creating twenty (20) or more parcels or units within the Urban High Density, Urban Medium Density, and Urban Single-Family Density General Plan land use map designations shall have an inclusionary affordable housing component of ten percent (10%). These requirements do not apply to unincorporated areas outside of the Town of Truckee's Sphere of Influence. Details regarding this component are contained in Title 13 Subdivisions, Water Supply and Distribution Requirements.

H.

Childcare Facilities. In addition to the above incentives, for all projects or subdivisions eligible for a density bonus and other incentives as provided by this Section that includes a childcare facility that will be located on the premises, the County shall grant additional density bonus or incentive or concession.

1.

When an applicant proposes to construct a housing development and includes a childcare facility as defined in Cal. Gov't Code § 65915(h)(4) that will be located on the premises of, as part of, or adjacent to, the project, the County shall grant either of the following:

a.

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility.

b.

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

2.

The County shall require, as a condition of approving the housing development, that the following occur:

a.

The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable.

b.

Of the children who attend the childcare facility, the children of very low-income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income.

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

A.

Multiple-Family dwellings, defined as structures containing two (2) or more kitchens, not including an ADU and/or JADU, designed or used for the occupancy of two (2) or more families living independently of each other, shall be allowed in the RA, R1, and rural districts subject to approval of a Use Permit, provided that:

1.

The density does not exceed that allowed by the applicable zoning district,

2.

The structures are clustered on the site,

3.

Adequate buffering and screening is provided for adjacent uses in conformance with all site development standards of this Chapter.

B.

Multiple-Family dwellings shall be allowed in the R2 and R3 Districts subject to approval of a Development Permit.

C.

Multi-Family Residential Uses which are not an integral part of a mixed-use development shall be deemed an allowable use subject to the approval of a Use Permit if the housing development project is located within a zone where office, retail, or parking are a principally permitted use, and the housing development project complies with the standards defined in Cal. Gov't Code §§ 65852.24—65863.13, and as amended (the California Middle Class Housing Act of 2022).

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

A.

Purpose. To provide for a variety of housing opportunities for all income segments of the County.

B.

Definition.

1.

Single Room Occupancy means housing (consisting of single room dwelling units) that is the primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary facilities (and may contain both) if the project consists of new construction, conversion of non-residential space, or reconstruction. For acquisition or rehabilitation of an existing residential structure or hotel, neither food preparation nor sanitary facilities are required to be in the unit. If the units do not contain sanitary facilities, the building must contain sanitary facilities that are shared by tenants (HUD Definition).

C.

Standards. Single Room Occupancy (SRO) facilities shall be permitted in the R2, R3, C1 and C2 Zoning Districts subject to a Use Permit approved by the Planning Commission.

1.

The density of an SRO facility shall not exceed that allowed by the applicable zoning district.

2.

Unit size. The minimum size of a unit shall be one hundred fifty (150) square feet and the maximum size shall be three hundred fifty (350) square feet which may include bathroom and/or kitchen facilities.

3.

Tenancy. Tenancy of an SRO shall be a minimum of thirty (30) days.

4.

Occupancy. An SRO unit shall accommodate a maximum of two (2) persons.

5.

Parking shall be provided for an SRO facility at a rate of one (1) parking space per unit.

6.

The SRO facility shall be compliant with all site development standards of the County Code, and all permits and mitigation fees that would otherwise be applicable to Multiple-Family Residential Dwelling construction including but not limited to adherence to all applicable Building Codes and provisions for providing adequate water and sewage disposal.

7.

An Operational Management Plan shall be submitted with the application for an SRO facility. The management plan must address management and operation of the facility, rental procedures, safety and security of the residents and building maintenance. An onsite 24-hour manager is required in every SRO project. In addition a single manager's unit shall be provided which shall be designed as a complete residential unit.

(Ord. 2366. (08/13/2013); Ord. 2533. (12/05/2023))

A.

Purpose. The purpose of this Section is to provide for the establishment of a residential guest quarters as an accessory use subject to specified standards.

B.

Definitions.

1.

Residential Guest Quarters means a residential structure intended for sleeping purposes for members of a family occupying the primary residence on the subject property and their non-paying guests.

C.

Standards. Guest quarters are allowed subject to zoning compliance and building permit issuance, if required, provided that:

1.

The maximum floor area of the guest quarters is five hundred (500) square feet unless the Zoning Administrator approves a Use Permit providing for a larger structure;

2.

The guest quarters shall not contain a kitchen;

3.

Allowable plumbing shall be limited to that required for a single bathroom and one (1) wet bar (defined as a single sink and faucet);

4.

All utilities serving the guest quarters shall be common to and dependent on the primary residence, including, but not limited to, electrical meters, natural gas and propane connections and water.

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

Accessory and junior accessory dwelling units provide an important source of affordable housing. By promoting the development of accessory, junior accessory, and second dwelling units, the County may ease a rental-housing deficit, maximize limited land resources and existing infrastructure and assist low- and moderate-income homeowners with supplemental income. Accessory, junior accessory, and second dwelling units can increase the property tax base and contribute to the local affordable housing stock. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements of this Section shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the existing general plan and zoning designations for the property on which is it allowed consistent with State Accessory Unit Legislation.

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

A.

Purpose. To maintain the social fabric of families and to improve affordable housing opportunities for the County's workforce, family members, students, senior citizens, in-home health providers, the disabled, and others at below-market prices in existing neighborhoods in the County of Nevada.

B.

Definitions.

Accessory dwelling unit and junior accessory dwelling unit have the same meanings as defined in the California Government Code.

C.

Standards. An accessory dwelling unit or junior accessory dwelling unit shall be ministerially permitted, regardless of minimum parcel size and zoning densities, on all parcels where residential uses are permitted by right or by conditional use, subject to zoning compliance and building permit issuance and the following standards:

1.

Accessory dwelling units may be a conventionally on-site constructed attached or detached structure, a manufactured home or a converted area within a legally existing residential unit or accessory structure provided that building permits are obtained, and the following size limitations are satisfied:

a.

The accessory dwelling unit shall not exceed the following size limitations, as measured from the interior walls:

1)

Attached Units: Maximum fifty percent (50%) of the existing residence gross floor area, but not to exceed one thousand two hundred (1,200) square feet.

2)

Detached Units: Maximum size shall be one thousand two hundred (1,200) square feet.

3)

Detached accessory dwelling units may have an attached garage or carport.

4)

Enclosed decks or porches shall be constructed as non-habitable space.

2.

Junior accessory dwelling units must be constructed within the walls of a proposed or existing single-family residence, must have a separate entrance, and must have a cooking facility with appliances, a food preparation counter, and storage cabinets reasonably sized in relation to the unit.

a.

For properties with a junior accessory dwelling unit, the single-family residence containing a junior accessory dwelling unit must be owner-occupied, either in the remaining portion of the structure or in the junior accessory dwelling unit, unless the owner is a governmental agency, land trust, or housing organization.

3.

There shall be no more than one (1) accessory dwelling unit, and one (1) junior accessory dwelling unit, as provided for in this Chapter, per parcel with a single-family primary dwelling. The accessory dwelling unit and/or junior accessory dwelling unit are not intended for sale separate from the primary residence and may be rented for long-term use only (thirty (30) consecutive calendar days or more); short-term rentals are prohibited, subject to a deed restriction, unless otherwise allowed as follows:

a.

Short-term rentals (less than thirty (30) days) of ADUs are allowed on properties that contain a working farm, ranch, agricultural or horticultural operation, and contain an active agritourism use as defined by under Agricultural Uses in this Code and verified by the County Agricultural Commissioner;

b.

Short-term rentals (less than thirty (30) days) are allowed on properties that are within the Soda Springs Rural Center as defined of the County General Plan Land Use Maps;

c.

Renting an ADU within the Truckee Sphere of Influence for either a short- or long-term basis are subject to the same rental standards as established in the Town of Truckee Zoning Ordinance;

4.

No more than two (2) detached accessory dwelling units shall be allowed per lot with a multi-family dwelling.

5.

At least one (1) accessory dwelling unit is allowed within an existing multi-family dwelling. The total number of accessory dwelling units allowed within a multi-family dwelling shall not exceed twenty-five percent (25%) of the number of existing multi-family dwelling units.

6.

Prior to building permit issuance for an accessory dwelling unit or junior accessory dwelling unit, the owner shall record a deed restriction which addresses restrictions on such units set forth in Rental Standards in this Section. The declaration shall run with the land and be binding upon the applicant and successor property owners. A property owner may also voluntarily opt to deed-restrict an ADU. for affordability in order to receive incentives outlined in Standard 14 below.

7.

Previously approved transitional and supportive housing units may be modified to increase the square footage, not to exceed one thousand two hundred (1,200) square feet or change the occupancy to rescind previously recorded restrictive covenants, subject to all applicable development fees and standards in effect at the time and consistent with this Chapter.

8.

Compliance and consistency with recorded deed restrictions and/or Codes, Covenants, and Restrictions (CC&R) provisions, not required by the County, shall be the sole responsibility of the property owner.

a.

Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of this Chapter, is void and unenforceable.

9.

If the accessory dwelling unit or junior accessory dwelling unit is proposed to be constructed within a City's Sphere of Influence, the accessory unit must also comply with any standards (including, but not limited to, the unit's size and permitting requirements) of the City that are more restrictive than those provided for in this Chapter.

10.

All water supply and sewage disposal requirements shall be complied with as administered by the Department of Environmental Health-Local Area Management Plan (LAMP) and Onsite Wastewater Treatment System (OWTS) Policy. Accessory dwelling units and/or junior accessory dwelling units constructed with kitchens, which includes cooking equipment, may be required to install an additional septic tank to reduce the load on the existing disposal field, if the existing disposal field is of adequate capacity to handle the additional flow from the accessory dwelling units and/or junior accessory dwelling unit. In the event that the existing disposal field cannot handle the additional load or flow from the accessory dwelling units and/or junior accessory dwelling unit, a new, separate septic tank or system shall be installed to accommodate the accessory dwelling units and junior accessory dwelling unit.

11.

Nevada County building code requirements apply to detached dwellings. However, accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. Accessory dwelling units must meet building and fire safe standards.

12.

Compliance is required with all local Fire Safety Regulations that are generally applicable to residential development, unless exempted by State law or herein, including Titles governing Zoning (12); Subdivisions (13); Buildings (14); Street Addressing and Naming (16); Fire Safety Regulations (4); and Road Standards (16) of this Code, certified as equaling or exceeding the California Fire Safe Regulations pursuant to California Code of Regulations Title 14, Natural Resources Division 1.5, Department of Forestry and Fire Protection Chapter 7, Fire Protection Subchapter 3, Fire Hazard.

13.

Prior to issuance of a building permit for an accessory dwelling unit or junior accessory dwelling unit, the applicant shall pay all applicable permit and mitigation fees, unless the accessory dwelling unit meets one (1) of the criteria provided below. If the accessory dwelling unit or junior accessory dwelling unit meets one (1) of the criteria below, the applicant shall qualify for a fee deferral and the payment of all permit and sewer mitigation fees shall be completed prior to issuance of the certificate of occupancy for the accessory dwelling unit. At the time of building permit submittal, the applicant shall submit a written request to the Building and Planning Department for the deferral of fees and shall submit an agreement to pay form specific to this request. The written request shall document which criteria the unit qualifies for to receive the deferral.

a.

The property owner may deed-restrict the accessory dwelling unit and/or junior accessory dwelling unit to very low- or low-income qualified individuals or families for a minimum of ten (10) years. Prior to issuance of a building permit for second dwelling unit, the owner shall record the deed restriction. The declaration shall run with the land and be binding upon the applicant and successor property owner.

b.

Construction of an eight hundred (800) square foot unit or less in size.

14.

The onsite driveway access shall meet the minimum fire safe driveway standard pursuant to Fire Safety Regulations, Driveways.

15.

All accessory dwelling units and junior accessory dwelling units that are located beyond the dead-end road limit as established by Road Standards are subject to the following provisions:

a.

The applicant shall provide a minimum of one (1) turnout visible from both directions along the property road frontage and an additional turnout every 800-feet of property frontage as necessary. Said turnouts shall meet the minimum fire safe turnout standard pursuant to Fire Safety Regulations, Definitions. In the event that the road meets the minimum Fire Safe Road Standard then turnouts shall not be required.

b.

The accessory dwelling unit or junior accessory dwelling unit shall utilize a shared driveway encroachment with the primary dwelling, unless the applicant can demonstrate that a common encroachment is infeasible due to site constraints such as topography, building site location and/or environmental resources.

c.

Prior to issuance of final occupancy, the property owner shall record a Notice to Property Owner stating that the accessory dwelling unit or junior accessory dwelling unit is located beyond the dead-end road limit established by the Nevada County Road Standards.

16.

All accessory dwelling units and junior accessory dwelling units within the High and Very High Fire Severity Zone as defined on the State Responsibility Area (SRA) maps and all accessory and junior accessory dwelling units beyond the dead-end road limit regardless of their SRA Fire Severity Zone, are subject to the following provision:

a.

As a part of the building permit application, the applicant shall submit a Fire Protection Plan, which shall be site specific and address the following issues:

1)

The proximity to emergency responders and estimated emergency response times;

2)

Describe the primary (and secondary if applicable) access road conditions;

3)

Identify the project's emergency water supply or emergency water storage facilities consistent with Fire Safety Regulation;

4)

Identify if a fire sprinkler system is proposed or required;

5)

Provide a Fuels Management Plan that requires;

a)

Defensible space design consistent with Cal. Pub. Res. Code § 4291;

b)

Identification of high fuel load areas;

c)

How adequate defensible space will be ensured;

d)

The mechanism for maintaining defensible space; and

e)

Identification of a feasible evacuation plan and/or safe evacuation routes for use by future occupants of the project.

17.

Newly constructed, non-manufactured, detached ADUs are subject to the California Energy Code requirement to provide solar panels on the ADU or the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to provide solar panels.

18.

An application for a building permit shall be approved to create an ADU pursuant to Cal. Gov't Code § 65852.2(1)(B) or (D) within a residential or mixed-use zone, in compliance with all of the applicable provisions in Cal. Gov't Code § 65852.2; and all of the applicable provisions of this Chapter, except for those provisions which do not allow such an ADU otherwise in compliance with all applicable provisions in Cal. Gov't Code § 65852.2; and all of the following requirements:

a.

An ADU created pursuant to Cal. Gov't Code § 65852.2(1)(B) shall have a Floor Area of not more than eight hundred (800) square feet and a height of no more than sixteen (16') feet; and

b.

An ADU created pursuant to Cal. Gov't Code § 65852.2(1)(D) shall have a height of no more than sixteen (16') feet and four (4')-foot rear yard and side setbacks.

(Ord. 2149. (05/25/2004); Ord. 2236. (05/21/2007); Ord. 2366. (08/13/2013); Ord. 2441. (Adopt. 09/12/2017, Eff. 10/12/2017); Ord. 2462. (03/26/2019); Ord. 2474. (01/14/2020); Ord. 2529. (09/12/2023); Ord. 2533. (12/05/2023))

A.

Purpose. To allow for second dwelling units on parcels with available density without limiting the size of the unit.

B.

Standards. A second dwelling unit, not including Accessory Dwelling Units or Junior Accessory Dwelling Units, consistent with allowed density, shall be permitted, regardless of minimum parcel size and zoning densities, on all parcels within the RA, the R1, the R2, the AE, the AG, the FR, and the TPZ zoning districts, where the property is at least twice the minimum lot size, subject to an Administrative Development Permit pursuant to Section governing Development Permits, but not subject to design review, provided the following standards are satisfied:

1.

The second unit shall comply with zoning density established for the parcel on which the second unit is located.

2.

No more than one (1) second dwelling unit may be allowed on any one (1) parcel pursuant to this Section.

3.

The unit must comply with all applicable standards of the Nevada County Codes, including all water supply and sewage disposal requirements, as administered by the Department of Environmental Health.

4.

The unit shall comply with all conditions, including payment of any mitigation fees, which are imposed upon the issuance of any permit authorizing it.

5.

Compliance is required with all local Fire Safety Regulations, including Wildland Fire Hazards, and Fire Safety Regulations and Road Standards, certified as equaling or exceeding the California Fire Safe Regulations pursuant to Cal. Pub. Res. Code § 4290.

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

A.

Within the R1 zoning districts a second primary dwelling unit consistent with Cal. Gov't Code § 65852.21 shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:

1.

The parcel subject to the proposed housing development is located on a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

2.

The proposed development would not require:

a.

Demolition or alteration of deed-restricted affordable or rent-controlled housing;

b.

Demolition or alteration of housing that has been occupied by a tenant in the last three (3) years; or

c.

Demolition of more than twenty-five percent (25%) of existing exterior structural walls, unless allowed by local ordinance or unless the site has not been occupied by a tenant in the last three (3) years.

1)

The development is not located within a historic district or property included on the State Historic Resources Inventory.

2)

The development is not located on a site that is any of the following unless a Management Plan is approved pursuant to Resource Standards in this Code:

a)

Prime farmland, farmland of statewide importance, or land designated for agricultural protection;

b)

Wetlands;

c)

High or very high fire hazard severity zone as defined on the State Responsibility Area (SRA) maps;

d)

An uncleared hazardous waste site;

e)

A delineated earthquake fault zone;

f)

A specified special flood hazard area;

g)

A regulatory floodway;

h)

Lands identified for conservation in adopted natural resource protection plan;

i)

Habitat for protected species;

j)

Lands under conservation easement; or

k)

Within the setback to a watercourse per Resource Standards.

3.

The development is not intended for separate unit sale and the units may be rented for long-term use only (thirty (30) consecutive calendar days or more); short-term rentals are prohibited, subject to a deed restriction, unless otherwise allowed as follows:

a.

Short-term rentals (less than thirty (30) days) are allowed on properties that contain active agritourism uses as defined by this Code and verified by the County Agricultural Commissioner;

b.

Short-term rentals (less than thirty (30) days) are allowed on properties that are within the Soda Springs Rural Center as defined of the County General Plan Land Use Maps.

4.

Prior to building permit issuance for the development, the owner shall record a deed restriction which addresses restrictions on such units set forth in Single-Family Districts Allowable Uses and Permit Requirements. The declaration shall run with the land and be binding upon the applicant and successor property owners.

5.

If the development is proposed to be constructed within a City's Sphere of Influence, the development must also comply with any standards of the City that are more restrictive than those provided for in this Chapter.

6.

All water supply and sewage disposal requirements shall be complied with as administered by the Department of Environmental Health-Local Area Management Plan (LAMP) and Onsite Wastewater Treatment System (OWTS) Policy. Developments proposed with kitchens, which includes cooking equipment, may be required to install an additional septic tank to reduce the load on the existing disposal field, if the existing disposal field is of adequate capacity to handle the additional flow from the development. In the event that the existing disposal field cannot handle the additional load or flow from the development, a new, separate septic system shall be installed to accommodate the development.

7.

Compliance is required with all local Fire Safety Regulations that are generally applicable to single-family residential development, unless exempted by State law or herein, including Zoning (Title 12), Subdivisions (Title 13), Buildings (Title 14), Street Addressing and Naming (Title 16), Fire Safety Regulations (Title 4), and Road Standards (Title 16) of this Code, certified as equaling or exceeding the California Fire Safe Regulations pursuant to California Code of Regulations Title 14, Natural Resources Division 1.5, Department of Forestry and Fire Protection Chapter 7, Fire Protection Subchapter 3, Fire Hazard.

8.

Prior to issuance of a building permit for the housing development, the applicant shall pay all applicable permit and mitigation fees.

9.

The onsite driveway access shall meet the minimum fire safe driveway standard pursuant to Fire Safety Regulations governing Private Driveways.

10.

All housing developments that are located beyond the dead-end road limit as established by Road Standards in this Code are subject to the following provisions:

a.

The applicant shall provide a minimum of one (1) turnout visible from both directions along the property road frontage and an additional turnout every 800-feet of property frontage as necessary. Said turnouts shall meet the minimum fire safe turnout standard pursuant to General Requirements of Fire Safety Regulations. In the event that the road meets the minimum Fire Safe Road Standard then turnouts shall not be required.

b.

The housing development shall utilize a shared driveway encroachment with the primary dwelling, unless the applicant can demonstrate that a common encroachment is infeasible due to site constraints such as topography, building site location and/or environmental resources.

c.

Prior to issuance of final occupancy, the property owner shall record a Notice to Property Owner stating that the housing development is located beyond the dead-end road limit established by the Nevada County Code Road Standards (Title 16).

11.

The proposed housing development shall not have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

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

A.

Purpose. To allow for adequate supportive housing to help alleviate the severe shortage of housing opportunities for people experiencing homelessness in the County of Nevada.

B.

Definitions.

1.

Supportive housing shall have the same meaning as defined in Cal. Health & Safety Code § 50675.14.

2.

Supportive services shall have the same meaning as defined in Cal. Health & Safety Code § 65582.

3.

Target population shall have the same meaning as defined in Cal. Health & Safety Code § 50675.14.

C.

Standards. Supportive Housing developments shall be ministerially permitted, regardless of minimum parcel size and zoning densities, on all parcels within the R2, R3, C2, and C3 zoning districts, subject to zoning compliance and building permit issuance and the following standards:

1.

Units within the development are subject to a recorded affordability restriction for fifty-five (55) years;

2.

One hundred percent (100%) of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, "lower income households" has the same meaning as defined in Cal. Health & Safety Code § 50079.5.

3.

At least twenty-five percent (25%) of the units in the development or twelve (12) units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve (12) units, then one hundred percent (100%) of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.

4.

The developer provides the planning agency with the information required by Cal. Gov't Code § 65652.

5.

Nonresidential floor area shall be used for onsite supportive services in the following amounts:

a.

For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for onsite supportive services.

b.

For a development with more than twenty (20) units, at least three percent (3%) of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

6.

The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in Cal. Gov't Code § 65915(c)(3).

7.

Units within the development, excluding managers' units, include at least one (1) bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

8.

Development proposals shall undergo an Administrative Design Review process limited to design issues only. No discretionary permit is necessary for the density or use of the site.

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

Subsurface mining is allowed in all base districts subject to approval of a Use Permit. Surface access to subsurface mining, including vent and escape shafts, is allowed in the AG, FR, M1, M2, P, and PD base districts subject to approval of a Use Permit. Small vent and escape shafts disturbing not more than one hundred (100) cubic yards of overburden are allowed in all other base districts subject to approval of a Use Permit.

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

A.

Purpose and Intent. The purpose and intent of this Section is to ensure:

1.

The recognition and protection of valuable mineral resources for current and future generations in a manner that does not create land use conflicts.

2.

The protection of valuable mineral deposits from intrusion by incompatible land uses that will impede or preclude mineral extraction or processing.

3.

That adverse effects on neighboring activities and the environment are prevented or minimized and that mined lands are reclaimed to a usable condition that is readily adaptable for alternative land uses.

4.

That the production and conservation of minerals are encouraged, while protecting values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

5.

That immediate and residual hazards to the public health and safety are eliminated.

B.

Definitions.

1.

Area of Regional Significance means an area designated by the State Mining and Geology Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the State within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance.

2.

Area of Statewide Significance means an area designated by the State Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the State and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.

3.

Borrow Pits means excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.

4.

Compatible Land Uses means land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing, and open space.

5.

Exploration means the search for economic mineral or ore by: (a) geological surveys, (b) geophysical or geochemical prospecting, (c) bore holes and trial pits, (d) surface or underground headings, drifts, or tunnels. Exploration aims at locating the presence of economic deposits and establishing their nature, shape, and grade.

6.

Haul Road means A road along which material is transported from the area of excavation to the processing plant or stockpile area of the surface mining operation.

7.

Idle means Surface mining operations curtailed for a period of one (1) year or more, by more than ninety percent (90%) of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.

8.

Incompatible Land Uses means Land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to residential uses, public facilities, geographically limited but impact intensive industrial, and commercial.

9.

Mined Lands means The surface, subsurface, and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

10.

Minerals means Any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.

11.

Mining, Recreational means the extraction of minerals for recreation on a seasonal basis and using such devices as pans, rockers, and dredges, in compliance with all applicable State and Federal Regulations.

12.

Operator means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on their behalf, except a person who is engaged in surface mining operations as an employee with wages as their sole compensation.

13.

Overburden means soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by mining operations.

14.

Quarry means a place, cavern, or pit where stone is taken from the rock or ledge, or dug from the earth, for building or other purposes; a stone pit.

15.

Quarrying means the digging out of stone or slate from an open excavation.

16.

Reclamation means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

17.

Stream Bed Skimming means excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher.

18.

Surface Boulder Collection means collecting of exposed boulders without the need for excavation.

19.

Surface Mining means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, combination, concentration, processing, in-place distillation or retorting or leaching, the production and disposal of mining waste, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). Said process shall not include the processing and use of on-site aggregate for on-site construction (see Section governing Natural Resources — On-Site Uses).

20.

Waste, Mining means the barren rock excavated from a mine. The waste dump is the area where waste is disposed of or piled.

C.

Incorporation by Reference. The following are made a part of this Section by reference with the same force and effect as if the provisions therein were specifically and fully set out herein as those provisions and regulations may be amended from time to time, excepting that when the provisions of this Section are more restrictive than correlative State provisions, this Section shall prevail:

1.

California's Surface Mining and Reclamation Act of 1975 (Cal. Pub. Res. Code §§ 2710—2796.5), hereinafter referred to as "SMARA."

2.

California Public Resources Code (PRC) § 2207 (relating to annual reporting requirements).

3.

State Mining and Geology Board regulations (hereinafter referred to as "State regulations") for surface mining and reclamation practice (California Code of Regulations CCR Tit. 14, §§ 3500—3508).

D.

Scope.

1.

General. Except as provided in this Section, no person shall conduct surface mining operations unless the County of Nevada has first approved a Use Permit, Reclamation Plan, and financial assurances for reclamation. Any applicable exemption from this requirement does not automatically exempt a project or activity from the application of other General Plan Policies or regulations of the County, including but not limited to, the application of CEQA, the requirement for other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law. The provisions of this Section shall apply to all lands within the unincorporated County, public and private.

2.

Exploration.

a.

Mineral exploration is allowed in the AG, FR, M1, M2, P, and PD Districts subject to zoning compliance and building permit issuance, if required. A Use Permit shall be required if:

1)

Overburden or mineral deposits in excess of one thousand (1,000) cubic yards are disturbed, or

2)

The operation in any one (1) location exceeds one (1) acre in size, or

3)

De-watering will occur, or water will be discharged from the site as a result of the operation.

b.

Smaller-scale exploration is allowed in all other Districts not listed in Subsection 2.a. above, subject to approval of a Use Permit, providing:

1)

Methods of geological survey, geophysical, or geochemical prospecting are used;

2)

Bore holes and trial pits not exceeding one hundred (100) cubic yards of overburden or other mineral disturbance per acre may be done; or

3)

No explosives may be used other than geophysical; there may be no drifting or tunneling and de-watering or water discharge is not allowed.

c.

All exploratory operations shall require a reclamation plan unless:

1)

Less than one thousand (1,000) cubic yards of overburden are disturbed, and

2)

The size of the operation in any one (1) location is one (1) acre or less.

In those instances where a reclamation plan is not required, an erosion control plan, approved by the Nevada County Planning Department, and a grading permit shall be required for those operations in which fifty (50) cubic yards or more of overburden are disturbed.

3.

Surface Mining. Surface mining is allowed in the AG, FR, M1, M2, P, PD, and TPZ Districts and where the property is zoned ME, subject to approval of a Use Permit and Reclamation Plan. Within the TPZ Districts, surface boulder collection only is allowed, and is limited to exposed rocks within areas of historic, previously mined lands where no significant impacts to sensitive resources occur, and no additional roads are constructed, subject to a Use Permit and Reclamation Plan.

4.

Exemptions. This Section shall not apply to the following activities:

a.

Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster.

b.

On-site excavation and on-site earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments.

c.

Surface mining operations that are required by Federal law in order to protect a mining claim, if those operations are conducted solely for that purpose.

d.

Recreational mining as defined in Section B above. Certain Federal and State regulations and local building and sanitation regulations may apply. Recreational mining is not exempted from SMARA compliance if surface disturbance is greater than one (1) acre or one thousand (1,000) cubic yards.

e.

Such other mining operations categorically identified in Cal. Pub. Res. Code § 2714 as excepted activities.

E.

Vested Rights. No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, State regulations, and this Section. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, they shall obtain County approval of a Reclamation Plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-Act mining, the Reclamation Plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the Act (January 1, 1976).

All other requirements of State law and this Section shall apply to vested mining operations.

F.

Process.

1.

Applications for a Use Permit and/or Reclamation Plan for surface mining or land reclamation projects shall be made on forms provided by the Planning Department. The forms for Reclamation Plan applications shall require, at a minimum, each of the elements required by SMARA (Cal. Pub. Res. Code §§ 2772—2773) and State regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation. For surface mining operations that are exempt from a Use Permit pursuant to this Section, the Reclamation Plan application shall include information concerning the mining operation that is required for processing the Reclamation Plan. All documentation for the Reclamation Plan shall be submitted to the County at one time.

2.

Within thirty (30) days of acceptance of an application for a Use Permit for surface mining operations and/or a Reclamation Plan, including financial assurances, as complete, the Planning Department shall request review and comment on the application and financial assurances by the State Department of Conservation and other selected public agencies. Whenever mining operations are proposed in the 100-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one (1) mile, upstream or downstream, of any State highway bridge, the Planning Department shall also notify the State Department of Transportation that the application has been received.

3.

Pursuant to Cal. Pub. Res. Code § 2774(d), the State Department of Conservation shall be given thirty (30) days to review and comment on the Reclamation Plan and forty-five (45) days to review and comment on the financial assurance. The Planning Commission shall evaluate written comments received, if any, from the State Department of Conservation and other selected public agencies, and may incorporate said comments into conditions of approval, if applicable. Following a noticed public hearing(s), the Planning Commission shall then take action to approve, conditionally approve, or deny the Use Permit and/or Reclamation Plan, and the financial assurances pursuant to Cal. Pub. Res. Code § 2770(d).

4.

The Planning Department shall forward a copy of each approved Use Permit for mining operations and/or approved Reclamation Plan and a copy of the approved financial assurances to the State Department of Conservation. Staff shall also prepare a written response describing the disposition of the major issues raised by the State and forward said response to the State. In particular, if the Commission's action is at variance with the recommendations and objections raised in the State's comments, the written response shall address why specific comments and suggestions were not accepted. Copies of any written comments received, and responses prepared by the staff shall be promptly forwarded to the operator/applicant.

5.

By July 1st of each year, the Planning Department shall submit to the State Department of Conservation for each active or idle mining operation a copy of the Use Permit or Reclamation Plan amendments, as applicable, or a statement that there have been no changes during the previous year.

G.

Standards for Surface Mining Use Permits. All surface mining Use Permits shall:

1.

Comply with the policies of the Nevada County General Plan Chapter 17: Mineral Management and Standards in "Site Development Standards" in this Code.

2.

Provide for periodic reviews of the Permit by the Planning Agency to ensure compliance with Permit conditions. Said reviews time periods shall not exceed five (5) years with the first review not to exceed five (5) years from approval of the Permit.

3.

Include provisions for management of water quality and quantity based on the following standards:

a.

Require the conservation of on-site water during mining operations.

b.

Require that off-site water discharge comply with State water quality standards.

c.

Require that any increase or decrease of off-site discharge is not detrimental to the downstream environment or downstream water uses.

d.

When the Planning Agency determines, based on relevant expert testimony, or other available information, that existing surface or subsurface water quality or quantity may be threatened, require a comparable supply of water to nearby homes and businesses through accessible forms of Security or alternative sources of water. Where water quantity and quality problems occur, an immediate water supply shall be provided by the operator until the source of the problem is determined. The burden of proof shall be on the operator to show that the mining operation did not create the water problem. If it is determined that the operator is at fault, impacted owners shall be compensated by the operator.

H.

Standards for Reclamation.

1.

All Reclamation Plans shall comply with "Site Development Standards" and the provisions of SMARA (Cal. Pub. Res. Code § 2772 and § 2773) and State regulations (CCR Tit. 14 §§ 3500-3505). Reclamation Plans approved after January 15, 1993, Plans for proposed new mining operations, and any substantial amendments to previously approved Plans, shall also comply with the requirements for reclamation performance standards (CCR Tit. 14 §§ 3700—3713).

2.

Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the County. Each phase of reclamation shall be specifically described in the Reclamation Plan and shall include: (a) the beginning and expected ending dates for each phase; (b) all reclamation activities required; (c) standards for measuring completion of specific reclamation activities; and (d) estimated costs for completion of each phase of reclamation.

I.

Statement of Responsibility. The person submitting the Reclamation Plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the Plan. The Planning Department shall keep said statement in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the Planning Department for placement in the permanent record.

J.

Findings for Approval.

1.

Use Permits. In addition to findings required by Section governing Use Permits, Subsection G, Use Permits for surface mining operations shall include a finding that the project complies with the provisions of SMARA and State regulations.

2.

Reclamation Plans. For Reclamation Plans, the following findings shall be required:

a.

That the Plan and potential use of reclaimed land pursuant to the Plan are consistent with the General Plan and the provisions of this Section.

b.

That the Plan complies with SMARA, Cal. Pub. Res. Code §§ 2772 and 2773, applicable requirements of State regulations (CCR Tit. 14 §§ 3500—3505, and §3700—3713), and any other applicable provisions.

c.

That the Plan has been reviewed pursuant to CEQA and the County's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible.

d.

That the Plan minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations.

e.

That the Plan restores the mined lands to a usable condition that is readily adaptable for alternative land uses.

f.

That the Plan restores the mined lands to a condition that creates no danger to public health or safety.

g.

That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbance to resource values.

h.

That the Plan will restore the mined lands to a usable condition that is readily adaptable for alternative land uses consistent with the General Plan.

i.

That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that Department. Where the County's position is at variance with the recommendations and objections raised by the State Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted.

K.

Financial Assurances.

1.

To ensure that reclamation will proceed in accordance with the approved Reclamation Plan, the County shall require as a condition of approval Security that will be released upon satisfactory performance. The applicant may pose Security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the County and the State Mining and Geology Board as specified in State regulations, and which the County reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved Plan. Financial assurances shall be made payable to the County of Nevada and the State Department of Conservation, and, where applicable, the United States Forest Service and Federal Bureau of Land Management.

2.

Financial assurances will be required to ensure compliance with elements of the Reclamation Plan, including but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary.

3.

Cost estimates for the financial assurance shall be submitted to the Planning Department with the Use Permit and/or Reclamation Plan application. The Planning Director shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within forty-five (45) days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the County has reason to determine that additional costs may be incurred. The Planning Commission shall have the discretion to approve the financial assurance if it meets the requirements of this Section, SMARA, and State regulations.

4.

The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved Reclamation Plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year. A California registered professional engineer and/or other similarly licensed and qualified professional retained by the operator and approved by the Planning Director shall prepare cost estimates. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved Plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved Plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee. A contingency factor of ten (10%) percent shall be added to the cost of financial assurances.

5.

In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the County or State Department of Conservation may need to contract with a third party commercial company for reclamation of the site.

6.

The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required).

7.

The amount of financial assurances required of a surface mining operation for any one (1) year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved Reclamation Plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

8.

Revisions to financial assurances shall be submitted to the Planning Director each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.

L.

Interim Management Plans.

1.

Within ninety (90) days of a surface mining operation becoming idle, the operator shall submit to the Planning Department a proposed Interim Management Plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to all Use Permit conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the Planning Department and shall be processed as an amendment to the Reclamation Plan. IMPs shall not be considered a project for the purposes of environmental review.

2.

Financial assurances for idle operations shall be maintained as though the operation were active, or as otherwise approved through the idle mine's IMP.

3.

Upon receipt of a complete proposed IMP, the Planning Department shall forward the IMP to the State Department of Conservation for review at least thirty (30) days prior to approval.

4.

Within sixty (60) days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Planning Director and the operator, the Planning Commission shall review and approve or deny the IMP in accordance with this Section. The operator shall have thirty (30) days, or a longer period mutually agreed upon by the operator and the Planning Director, to submit a revised IMP. The Commission shall approve or deny the revised IMP within sixty (60) days of receipt.

5.

The IMP may remain in effect for a period not to exceed five (5) years, at which time the Planning Commission may renew the IMP for another period not to exceed five (5) years, or require the surface mining operator to commence reclamation in accordance with its approved Reclamation Plan.

M.

Annual Report Requirements. Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the County Planning Department on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within thirty (30) days of permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report.

N.

Inspections. The Planning Department shall arrange for inspection of a surface mining operation within six (6) months of receipt of the Annual Report required in Subsection M, to determine whether the surface mining operation is in compliance with the approved Use Permit and/or Reclamation Plan, approved financial assurances, and State regulations. In no event shall less than one (1) inspection be conducted in any calendar year. Said inspections may be made by a state-registered geologist, State-registered civil engineer, State-licensed landscape architect, or State-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous twelve (12) months, or other qualified specialists, as selected by the Planning Director. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

The Planning Department shall notify the State Department of Conservation within thirty (30) days of completion of the inspection that said inspection has been conducted and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection.

O.

Violations and Penalties. If the Planning Director, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this Section, the applicable Use Permit, any other required permit, and/or the Reclamation Plan, the County shall follow the provisions of Section governing Permit Revocation, as well as the procedures set forth in Cal. Pub. Res. Code §§ 2774.1 and 2774.2 concerning violations and penalties.

P.

Fees. The County shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this Section and the State regulations, including but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator, as required by the County, at the time of filing of the Use Permit application, Reclamation Plan application, and at such other times as are determined by the County to be appropriate in order to ensure that all reasonable costs of implementing this Section are borne by the mining operator.

Q.

Mineral Resource Protection. Mine development is encouraged in compatible areas as shown in the General Plan before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation's Division of Mines and Geology or designated by the State Mining and Geology Board, as well as existing surface mining operations that remain in compliance with the provisions of this Section, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible consistent with the General Plan.

In accordance with Cal. Pub. Res. Code § 2762, the General Plan and resource maps will be updated to reflect mineral information (classification and/or designation reports) within twelve (12) months of receipt from the State Mining and Geology Board of such information. Land use decisions will be guided by information provided on the location of identified mineral resources of regional significance.

See Section governing Mineral Areas, Significant, for standards in this Chapter intended to protect significant mineral areas from incompatible land uses and minimize land use conflicts between surface mineral extraction and processing and neighboring incompatible land uses.

R.

Severability. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this Chapter.

S.

Effective Date. This Chapter shall take effect thirty (30) days following its adoption.

(Ord. 2220. (10/31/2006); Ord. 2533. (12/05/2023))

A.

Purpose. To establish standards and permitting requirements for temporary commercial uses in those districts listed in the standards below. This Section does not apply to the direct sale of agricultural products addressed in Agricultural Uses, Section 12.03.030, in this Chapter, nor does it apply to other on-site temporary uses permitted under the terms of an issued use permit or customarily considered to be an accessory and incidental to allowed uses on sites occupied by a residence or by a church, school, community center or similar institution.

B.

Definitions.

1.

Temporary Commercial Uses means services limited to the installation and removal of tire chains, and transient businesses involving the selling of food or merchandise, in any doorway, recess, alley, vacant lot or other place facing a street or roadway that may be hired, leased or occupied for the exhibition of such food or merchandise. This definition does not apply to the sale of agricultural products authorized pursuant to the "Agricultural Uses" Section of Zoning Regulations, Section 12.03.030, nor does it apply to other on-site temporary uses permitted under the terms of an issued use permit or customarily considered to be an accessory and incidental to allowed uses on sites occupied by a residence or by a church, school, community center or similar institution.

2.

Non-Profit Charitable Organization means any organization incorporated pursuant to the California Non-Profit Corporation Law (Cal. Corp. Code §§ 5000—10841), that is exempted from Federal taxation by the Internal Revenue Code pursuant to Subsections (3) or (19) of 26 USCS §501 (c) and exempted from state taxation by the Cal. Rev. & Tax. Code §§ 23701d or 23701x.

C.

Standards. Temporary commercial uses as herein defined are allowed in the C1, C2, CH, C3, M1 and M2 districts subject to approval of an Administrative Development Permit, but not subject to design review, and the following standards:

1.

Temporary commercial uses shall not exceed a period of ninety (90) days in a calendar year, except that temporary flea markets shall be limited to no more than three (3) days in a ninety (90) day period, not exceed three (3) such operations in a 12-month period.

2.

Submit written permission from the property owner(s) on whose land the use is proposed.

3.

Submit a site plan drawn to scale showing the location of the proposed temporary use, including parking for the proposed use, the existing uses including parking for the existing uses and road rights-of-way.

4.

Temporary uses may not be located within a public right-of-way, except that the provisions of this Section shall not supersede the requirements for a permit for the installation of tire chains contained in the Nevada County Code.

5.

Temporary uses may not be located in any wheelchair accessible parking stalls nor shall such use occupy more than ten percent (10%) of any on-site parking on a commercially-developed property.

6.

No more than one (1) permit for a temporary commercial use may be issued at any one (1) time on a single parcel.

7.

Permits for temporary commercial uses shall not be issued more than thirty (30) days in advance of the valid date of operation.

8.

Permits may not be re-issued for the same type of business (i.e., vendors of fresh produce or fresh flowers) on a single parcel if total operating time will exceed the time limits established in this Section.

9.

Parking shall be provided completely on the same site as the temporary use and may not be located in the County right-of-way. Parking may not be located so as to require backout into any County right-of-way. Unpaved parking areas for temporary commercial uses shall be surfaced with a minimum four (4") inches of crushed rock except that temporary flea market parking areas shall be treated as necessary to reduce dust and fire danger. Driveway encroachments into County roads shall be improved pursuant to County Encroachment Permit standards.

10.

Signage is limited to one (1) sign per business which shall be substantially attached to the stand or vehicle used for the temporary use and the maximum allowable aggregate area shall be twenty (20) square feet.

11.

All pedestrian traffic or display areas that are not paved or graveled shall be covered with a minimum two (2") inches of sawdust or wood shaving, except that temporary flea market parking areas shall be treated as necessary to reduce dust and fire danger.

12.

Temporary use shall be limited to chain installation or outside sales, which may include sales from a vehicle or temporary structure that is removed from the site at the end of each business day. Any new temporary structure or new electrical service connection shall require a building permit unless specifically exempted by the Uniform Building Code.

13.

Any use that provides for public access into a structure or vehicle shall require approval by the local Fire Protection District.

14.

Where applicable, temporary uses shall satisfy the Department of Environmental Health for the storage and removal of solid waste and/or sewage.

15.

Temporary commercial uses shall be subject to compliance with all applicable County and local Codes, including the issuance of the following permits, where applicable:

a.

A Certificate of Operation from the Nevada County Environmental Health Department for those uses requiring such a permit, including the handling of foods.

b.

A Hawkers and Peddlers Permit issued by the Nevada County Tax Collector.

16.

Temporary commercial uses shall be subject to compliance with all applicable State and Federal laws and regulations, including a California Sales Tax Permit issued by the State of California.

D.

Exemptions.

1.

Non-profit charitable organization, as herein defined, shall be exempt from the permit provisions of this Section for temporary uses meeting the standards of this Section, but shall be required to file a letter of intent with the Planning Department in advance of commencing the use, stating the days of operation and location of the proposed use.

2.

Mobile Food preparation Units, or Mobile Food Facilities, that are regulated by the Department of Environmental Health, pursuant to the California Uniform Retail Food Facilities Law of the Health and Safety Code, and which do not stay in any one (1) location for more than one (1) hour at a time.

E.

Temporary Construction Trailers. A recreational vehicle, mobile home or commercial coach may be used as a construction office on property that is being developed for commercial or industrial use, provided that a building permit has been issued and is valid for construction of an approved development.

(Ord. 2090. (07/07/2002); Ord. 2235. (04/10/2007) ;Ord. 2533. (12/05/2023))

A.

Purpose. To provide for the development of wineries as a viable agricultural industry by establishing standards for the growing of fruit, the production of wine, the sale of wine and winery-related goods, and the use of land for support uses, within the AG, AE, FR, and RA zoning districts.

B.

Definitions.

1.

Wineries means Facilities used for the fermenting and processing of juice into wine. Typical activities include crushing of fruit, aging, processing, and storage of wine in bulk, bottling and storage of bottled wine, shipping of bulk and bottled wine, offices, and laboratories.

2.

Wine Tasting Room means An area for the promotion and sales of wines produced at the winery facility or other winery facilities contracted to produce wines made from wine growers' fruit, and the sale of wine related merchandise. May be either a Grower Tasting Room or a Winery Tasting Room.

C.

Standards. Wineries, retail sales and wine tasting facilities are allowed in the AE, AG, FR and RA districts subject to zoning compliance and building permit issuance, if required, and the following limitations.

1.

Facilities within the RA district are limited in size to no more than three thousand (3,000) square feet in size. This size may be exceeded subject to a use permit.

2.

Within the RA district such uses shall be limited to parcels of three (3) acres or more in size. This minimum parcel size may be waived subject to a use permit.

3.

All parking is provided on site.

4.

The winery shall have direct access to a publicly-maintained road. If the property does not have direct access to a publicly-maintained road, the developer shall form a new or join an existing road maintenance district (i.e., permanent road division, county service area, community service district). If the use of a road maintenance district is not feasible, the property owner shall join, form, or demonstrate that they are part of a road maintenance agreement. If a homeowner's association maintains the private roads, participation in a road maintenance association is required.

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

A.

No person, firm or corporation shall remove or cause to be removed any tree located outside a Timberland Preserve Zone (TPZ) and within the Nevada City Sphere of Influence as adopted by the Local Agency Formation Commission without first obtaining a tree removal permit from the Planning Director, except those:

1.

That have been identified for removal as part of a Use Permit, Development Permit or Subdivision;

2.

That are on developed residentially-zoned property;

3.

That have been identified by a licensed forester as being in a hazardous condition presenting an immediate danger to health and property;

4.

Where the trunks measure less than ten (10") inches in diameter, measured four and one-half (4.5') feet above grade and where less than twenty percent (20%) of the trees over eight (8") inches in diameter are proposed to be removed every five (5) years;

5.

Located on parcels aggregating three (3) acres or more in size, subject to pre-emptive State regulations identified for commercial tree removal pursuant to an approved Timber Harvest Plan;

6.

Located within a public or public utility right-of-way when such trees are to be removed by a public agency or public utility.

B.

Application Content. A tree removal application shall include, but is not limited to, the following:

1.

An inventory of on-site trees, including the percentage of trees over ten (10") inches in diameter to be removed, and the size, species and condition of each tree to be removed.

2.

Statement of fact stating the purpose of the removal.

3.

Size and species of any trees proposed to replace removed trees.

C.

Tagging Required. Trees proposed for removal shall be identified by flagging, staking, painting or other suitable means not detrimental to the health of the tree that is readily visible for field inspection.

D.

Removal Standards. A tree may be removed only when:

1.

Dead or diseased beyond reclamation.

2.

Crowded beyond good forestry practices.

3.

Interfering with existing utilities or structures.

4.

Obstructing existing or proposed improvement that cannot be designed to avoid tree removal.

5.

Inhibiting sunlight necessary for solar access.

E.

Safety. The Planning Director may require that tree removal be conducted by a licensed and insured tree faller, to ensure the safety of life and property.

Any other reason that may be identified by the Planning Director based on a consultation with the recognized expert in the field including, but not limited to, a licensed landscape architect, forester or horticulturist.

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

A.

Purpose. To provide opportunities for the rehabilitation of wild (non-exotic) animals within the rural and agricultural districts on properties developed with a residence as the primary use, provided that the wildlife rehabilitation activity does not impact surrounding properties.

B.

Definitions.

1.

Wildlife Rehabilitation Facility means a site where activities are undertaken to restore to a condition of good health, for the purpose of release to the wild, animals occurring naturally and not normally domesticated in this state, but not including those defined by Title 8 governing definition of a Working Animal in the Nevada County Code.

C.

Standards. All wildlife rehabilitation facilities are subject to the approval of an Administrative Development Permit, 12.05.051, subject to the following standards:

1.

Wildlife rehabilitation facilities shall be allowed in the AG, AE, RA, FR, REC, IDR, PD, TPZ, P, and OS zoning districts subject to an Administrative Development Permit. Wildlife rehabilitation facilities shall not be allowed in the R-1, R-2, R-3, and all commercial and industrial zoning districts.

2.

No person shall possess any animal, if such animal is a member of any class, family and species as set forth in Cal. Code Regs. Tit. 14 § 679(c) and (f), with the County without first applying to and receiving from the Planning Department a permit to do so. Such permit shall not in any way act in lieu of the required State permit for possession of such animal, nor shall the State permit act in lieu of the permit required herein by the County. County permits shall not be issued for any animal for which a State permit may not be issued.

3.

Applicants shall be required to apply and receive approval of a Memorandum of Understanding (MOU) from the State of California Department of Fish and Game and meet all provisions of the MOU. Nevada County shall not issue a release of a Wildlife Rehabilitation Facility Permit (Administrative) without the submittal of the MOU.

4.

Annually, the applicant shall provide a letter to the Nevada County Planning Department from the Department of Fish and Game stating that they are in compliance with the most current DFG MOU for wildlife rehabilitation facilities.

5.

The Planning Department shall notify the Animal Control Division of the Sheriff's Office about the issuance of an Administrative Development Permit for any approved wildlife rehabilitation facility.

6.

Wildlife rehabilitation permits are specifically for native California wildlife including birds, mammals and reptiles. No animals larger than a bobcat or fawn are allowed.

7.

Wildlife rehabilitators are prohibited by the DFG and provisions of this Code from rehabbing "big game" animals, which include adult deer, elk, pronghorn antelope, wild boar, bear, and mountain lions. Cal. Fish & Game Code § 679.c prohibits the possession of Big Game Mammals or Fully Protected, Threatened or Endangered Species except under Department permit. This Section of the Fish and Game Code states: "…[n]o person or wildlife rehabilitation facility may possess any big game mammal listed in Section 350, Title 14, CCR, or any fully protected, endangered or threatened bird, mammal, fish, reptile or amphibian without specific written authorization from the department." The keeping of these animals upon written authorization from the DFG, shall be subject to a Use Permit and authorization of the Animal Control Division of the Nevada County Sheriff's Office.

8.

The applicant shall be responsible for obtaining all necessary permits from the Nevada County Building Department for any temporary or permanent structures used for the purposes of the wildlife rehabilitation facility.

9.

Wildlife rehabilitation facility vehicular trips shall be limited to dropping off of injured animals, animal caregivers of the facility and veterinary visits for animal care. Public visitations are prohibited by Cal. Fish & Game Code § 679. This Section of the Fish and Game Code states: "…[w]ildlife held for rehabilitation must be maintained separate from facilities housing domestic animals and shall not be displayed to the public. Such wildlife shall have minimal direct human contact. Every effort shall be made to prevent imprinting."

10.

All parking for the rehabilitation facility shall be provided on site.

11.

No signage shall be allowed that advertises the wildlife rehabilitation facility.

12.

Setback for animal enclosures shall mirror the building setbacks required by the base zoning district.

13.

Filing fees for Administrative Development Permits shall be as established by the most current resolution of the Board of Supervisors.

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

A.

Purpose. To provide for opportunities for instructor led dog obedience training in rural or low-density residential districts, where the sessions are conducted in a manner consistent with the neighborhood and do not adversely impact surrounding properties and uses allowed thereon.

B.

Definitions.

1.

Dog Obedience Training means an instructor led training involving a domestic dog pet and its handler to assist in developing working relationships between owner and animal focused on creating a willingness of the animal to yield or to cooperate with the command of authority, including both group and individual training classes. It shall not include training for sport fighting or other potentially malicious purposes, which is strictly prohibited in all districts.

C.

Standards. Dog obedience training is allowed subject to zoning compliance and building permit issuance, if required, pursuant to the following standards:

1.

Individual or group dog obedience training is an allowed use at public parks or other appropriate public facilities, served by public water and sewer adequate to accommodate the use, between dawn and dusk with advance written approval from the appropriate park district or property owner, subject to the following standards:

a.

The dog owner or handler and the obedience instructor or assistant shall be present at all times during training activities.

b.

All parking shall be provided onsite.

c.

Exterior property line noise levels generated by this use do not create a nuisance by exceeding those defined for the base-zoning district shown in the Nevada County Code.

d.

All dogs shall be kept on leash except when actually participating in instructional dog obedience training classes with the dog's owner or handler personally present and able to effectively control the dog at all times.

e.

The property owner, dog obedience instructor and dog owner/handler is responsible for cleanup of all animal waste from dogs participating in obedience training in a fashion consistent with the County Solid Waste Code. As such, all animal waste shall be picked-up each day and bagged and then placed in a secure, plastic lined, covered solid waste receptacle and removed from the property to an approved solid waste facility at least every seven (7) days.

f.

The dog obedience training activity shall be conducted in a manner that does not result in a private or public nuisance.

2.

Individual private dog obedience training is an allowed use in all residential zoning districts so long as it involves only the property resident and/or handler, the instructor and/or assistant and a single dog lawfully kept as a pet on the premises where the training is being conducted. Individual private obedience training may also be performed at the residence of the dog obedience instructor or assistant. All individual dog obedience training is subject to the following standards:

a.

The proposed use shall be subject to Standards (a—f) of Subsection C.1 above.

b.

Hours of operation for dog obedience training shall be limited to the hours of 7:00 a.m. to 9:00 p.m. for outdoor activity and 7:00 a.m. to 10:00 p.m. for indoor activity Monday through Saturday and 8:00 a.m. to 9:00 p.m. for outdoor activity and 8:00 a.m. to 10:00 p.m. for indoor activity on Sunday.

3.

Group dog obedience training involving more than one (1) resident or handler and/or more than one (1) dog is allowed in the AG, AE and RA zoning districts, pursuant to the following standards:

a.

The proposed use shall be subject to Standards (a—f) of Subsection 1 and (a—b) of Subsection C.2.

b.

All outdoor use shall be conducted within a fenced area capable of containing a dog in the event that said dog is off-leash during training activities. Property perimeter fencing is sufficient to meet this requirement.

c.

The applicant shall demonstrate, upon County request, that the proposed site is compliant with the County Fire Safety Regulations, unless otherwise modified by the agency responsible for fire protection.

d.

The applicant shall demonstrate, upon County request, that access to the proposed site meets, at the least, the minimum fire standard access road specifications compliant with the Road Standards.

e.

The applicant shall demonstrate, upon County request, that the proposed training site has access to a public water supply and a public sewer system or provide proof that the site has access to a County approved septic system and water supply adequately sized to accommodate the classes being conducted as determined by the Nevada County Department of Environmental Health.

f.

One on-site, freestanding or wall sign shall be permitted for the training site, which is limited to a maximum of four (4) square feet and may not be illuminated.

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

A.

Purpose. To provide opportunities and establish standards for the grading and preparation of certain Commercial or Industrial zoned sites for future development of permitted and/or allowed structures and uses prior to the approval and design of a specific development project. It is the intent of this Section to encourage and enhance economic development in the County's identified Community Regions by enhancing the sale, lease and/or development opportunities of a commercial/industrial site through site preparation and grading activities prior to a specific development project.

B.

Definition.

1.

Pre-Grading means Grading activities performed in accordance with Building Codes in the County Code for the grading and preparation of a Commercial or Industrial site for future development prior to the approval and design of a specific development project.

C.

Standards. Pre-Grading activities are subject to the following development standards:

1.

Pre-Grading is allowed in the C1, C2, C3, M1 and M2 zone districts within a Community Region subject to an Administrative Development Permit if the following standards can be met. Pre-Grading activities shall not be allowed in all other zone districts or outside of a Community Region.

a.

Pre-Grading activities that do not disturb more than one (1) acre of land.

b.

Pre-Grading activities that are determined to be exempt from CEQA.

c.

Pre-Grading activities shall be required to obtain a Grading Permit from the Building Department and shall conform to the requirements of the Building Code, Title 14, including erosion control standards, Section 16.13.020 and Best Management Practices.

d.

Pre-Grading activities shall meet drainage standards and requirements contained in Building, Title 14 and Storm Drainage regarding Road Standards Title 16 and shall demonstrate that the post-grading flow levels and patterns do not exceed pre-grading drainage flow levels and patterns. The applicant shall demonstrate that onsite and offsite drainage facilities and easements exist to accommodate the proposed drainage of the graded site. Offsite properties and drainage facilities shall not be adversely impacted by Pre-Grading activities.

e.

On parcels not served by sewer a Minimum Usable Sewage Disposal Area (M.U.S.D.A.) shall be identified on the site and avoided during all Pre-Grading activities. The M.U.S.D.A. design shall be in conformance with Environmental Health standards and regulations. A Notice to Property Owner shall be recorded indicating the M.U.S.D.A. capacity for future fixtures and occupancy load for future development on the Pre-Graded site.

f.

Pre-Grading activities shall comply with all Northern Sierra Air Quality Management District (NSAQMD) regulations pertaining to dust control and shall include a long-term dust suppression plan to be approved by the NSAQMD. Any other applicable State and/or Federal Air Quality regulations shall be adhered to and implemented.

g.

All NID canal protection measures shall be implemented during any Pre-Grading activities that impact NID canals.

h.

The source and type of any fill material transported to the site shall be identified. All fill material shall be free of any construction debris or other contaminants.

i.

The location of any material transported off-site shall be identified and appropriately permitted as part of the Pre-Grading Development Permit.

j.

All environmental resources as identified in Comprehensive Site Development Standards Resource Standards, Section 12.04.300.

k.

Pre-Grading activities shall not include any mining activities as defined in Surface Mining Permits and Reclamation Plans and Subsurface Mining in this Code.

l.

Filing fees for Development Permits shall be as established by the most current resolution of the Board of Supervisors.

2.

Pre-Grading is allowed in the C1, C2, C3, M1 and M2 zone districts within a Community Region subject to a discretionary Development Permit to be approved by the Zoning Administrator subject to the following standards. Pre-Grading activities shall not be allowed in all other zone districts or outside of a Community Region.

a.

Pre-Grading activities that disturb more than one (1) acre of land.

b.

Pre-Grading activities that are determined not to be exempt from CEQA review.

c.

Pre-Grading activities shall meet Standards C.1.c—l listed above.

D.

Findings. Findings for discretionary approval by the Zoning Administrator, in addition to the applicable findings required in Code Sections governing Development Permits, Section 12.05.050, and findings for Administrative Development Permits, Section 12.05.051, shall include:

1.

Pre-Grading is appropriate for the preparation of the site for sale or leasing purposes and no foreseeable development project exists.

2.

Pre-Grading of the site does not preclude reasonable development of the site.

3.

Pre-Grading of the site does not restrict future design and/or development of the site.

(Section added by Ord. 2351. (07/10/2012); amended by Ord. 2298. (08/18/2009); Ord. 2291. (05/26/2009); Ord. 2270. (07/15/2008); Ord. 2258. (01/22/2008); entire Chapter II repealed and re-enacted by Ord. 2253. (10/23/2007); Ord. 2247. (07/10/2007); Ord. 2239. (05/29/2007); Ord. 2236. (05/22/2007); Ord. 2235. (04/10/2007); Urgency Ord. 2229. (01/09/2007); Ord. 2223. (11/14/2006); Ord. 2220. (10/31/2006); Ord. 2214. (08/22/2006); Ord. 2206. (05/23/2006); Ord. 2176. (05/10/2005); Ord. 2157. (09/28/2004); Ord. 2152. (05/25/2004); Ord. 2149. (05/25/2004); Ord. 2146. (04/27/2004); Comprehensive Changes Ord. 2090. (070/920/02); Entire Chapter II repealed and re-enacted by Ord. 2033. (06/27/2000); Ord. 2533. (12/05/2023))

A.

Purpose. It is the purpose and intent of this Section to regulate the operations of adult businesses, which tend to have judicially recognized adverse secondary effects on the community, including but not limited to increases in crime in the vicinity of adult businesses; increases in vacancies in residential areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise and vandalism; and the deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate, or patronize adult businesses.

B.

Definitions. The words and phrases used in this Section shall employ the definitions found in the Section governing "Adult Business Licenses and Operational Regulations," Section 6.08.010, and Definitions as part of this Code, unless it is clearly apparent from the context that another meaning is intended. In addition to those definitions, the following definitions shall apply to this Section.

1.

Park means a publicly-owned park so designated on the County's General Plan or zoning map, or property actually owned, developed and maintained, by a public agency for public recreation purposes.

2.

School means an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes kindergarten, elementary school, middle or junior high school, senior high school or any special institution of education but does not include a vocational or professional institution of higher education, including a community or junior college, college or university. This definition also includes a child daycare facility or daycare center, as defined in Cal. Health & Safety Code §§ 1596.750 and 1596.76.

3.

Church means an institution which people regularly attend to participate in or hold religious services, meetings and related activities.

C.

Locational Requirements. Adult Businesses, as defined in Section governing Adult Businesses, Section 6.08.010, shall be:

1.

Located exclusively in the M1 (Light Industrial zone).

2.

Distanced five hundred (500') feet from any property with an existing residence or a General Plan designation of RES (Residential), PRC (Planned Residential Community), EST (Estate), USF (Urban Single-Family Residential), UMD (Urban Medium Density Residential), or UHD (Urban High Density Residential). The distance between the adult business and the residentially-zoned property shall be measured from the closest exterior wall of the adult business and the nearest property line included within the residential-zone, along a straight line extended between the two (2) points, without regard to intervening structures.

3.

Distanced one thousand (1,000') feet from a school, church, daycare, camp/campground, arcade, amusement park, fairgrounds or park, as those terms are defined in this Code. The distance between the adult use and the park shall be measured from the closest exterior wall of the adult business and the nearest property line of the school or park, along a straight line extended between the two (2) points, without regard to intervening structures.

4.

Distanced one thousand (1,000') feet from any other adult business, as defined in this Code. The distance between adult businesses shall be measured from the front door of each adult use, along a straight line extended between the two (2) points, without regard to intervening structures.

D.

Licensing/Permitting Requirements. Licensing and Operational Standards for Adult Businesses are provided in this Code. Additionally, Adult Businesses are subject to Zoning Compliance and Building Permit issuance and shall be reviewed on a case-by-case basis for potential conflicts with school bus stops and other like school activities.

E.

Violations; Public Nuisance; Remedies Cumulative. Any person violating or causing the violation of any of these locational provisions regulating adult business shall be subject to the remedies of Enforcement and Penalties for Violations. Any person operating or causing the operation of an adult business on any parcel for which no application for an adult business regulatory license has been filed or granted, or any person violating or causing the violation of any of the locational provisions regulating adult business shall be subject to license revocation/suspension pursuant to Sections governing Enforcement and Penalties for Violations, Penalties under licensing of Adult Businesses, a fine of not more than one thousand dollars ($1,000.00), and any and all other civil remedies. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued. In addition, to the remedies set forth above, any violation of any of the locational provisions regulating adult businesses is hereby declared to be a public nuisance. The requirements of this Section shall be in addition to any other relevant provisions of this Code.

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

A.

Authority and Title. Pursuant to the authority granted by Article XI, Section 7 of the California Constitution, Cal. Health & Safety Code § 11362.83, and Cal. Gov't Code § 25845, the Board of Supervisors does enact this Section.

B.

Purpose and Intent. It is the purpose and intent of this Section to implement State law by regulating the cultivation of cannabis in a manner consistent with State law. It is also the intent of this Section to balance the needs of adult uses and medical patients and their caregivers and to promote the health, safety, and general welfare of the residents and businesses within the unincorporated territory of the County of Nevada. This Section is intended to be consistent with State law. The intent and purpose of this Section is to establish reasonable regulations regarding the manner in which cannabis may be cultivated, distributed and processed including non-volatile manufacturing, and retail sales, including restrictions on the amount and location of cannabis that may be cultivated on any premises, in order to protect the public health, safety, and welfare in Nevada County, and to address the adverse impacts previous local regulations have failed to curtail.

C.

Definitions. As used herein the following definitions shall apply:

1.

Accessory Structure means a separate and legally permitted building or structure located on the premises where cannabis is being cultivated. The structure must be permitted pursuant to applicable building codes and, although it may be permitted for other uses, it must also be permitted specifically for cannabis cultivation. Notwithstanding the foregoing, an accessory structure may include an attached structure, but cultivation may not take place in any space inhabited by humans, and must comply with all other local regulations pertaining to accessory structures to the extent they are applicable to an attached structure.

2.

Annual Cannabis Permit (ACP) means a permit issued by Nevada County in final form allowing the permit holder to conduct Commercial Cannabis Activities as set forth in the permit.

3.

Cannabis shall have the same meaning as that set forth in Cal. Health & Safety Code § 11018, as may be amended. Cannabis, Medical Cannabis, and the Cultivation thereof, as defined in this Section shall not be considered an agricultural activity, operation or facility under Cal. Civ. Code § 3482.5 or an Agricultural Product as defined in Section 12.03.030 this Chapter, or an Agricultural Operation as defined in Section 12.03.030 of this Code governing Specific Land Uses, Agricultural Uses Definitions and Agricultural Lands and Operations.

4.

Canopy and Canopy Area means the designated area(s) at a licensed and permitted premises, including nurseries but excluding immature plant areas, that may contain mature cannabis plants at any point in time:

a.

Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain the entirety of mature plants at any point in time, including all of the space(s) within the boundaries.

b.

Canopies must be clearly identified on site plans, and may be noncontiguous, but each unique area included in the total canopy calculation shall be separated by an identifiable boundary that includes, but is not limited to, interior walls, shelves, greenhouse walls, accessory structure walls, or fencing. This definition does not include ancillary spaces such as spaces used for drying, curing, or trimming.

c.

Canopy Boundaries shall encompass the entire plant. Cannabis plants which extend outside the boundaries are considered outside the "Canopy" boundaries and would be considered out of compliance with any permit issued pursuant to this Section.

d.

Cultivation of mature plants using a shelving system or moveable horizontal benches, the surface area of each level shall be included in the total canopy cultivation.

5.

Childcare Center means any licensed childcare center, daycare center (including small family), childcare home, or any preschool.

6.

Church means a structure or lease portion of a structure, which is used primarily for religious worship and related religious activities.

7.

Commercial Cannabis Activity means all Commercial Cannabis-related activities contemplated by or for which a license may be required by the State of California as codified in its Business & Professions Code, Code of Regulations, Government Code, Health and Safety Code, Labor Code and Revenue and Taxation Code, as may be amended.

8.

Commercial Cannabis Cultivation means cultivation of medical cannabis and/or adult use cannabis, excluding cultivation of no more than six (6) plants for personal use consistent with State law, including operation of a nursery.

9.

Cultivation or Cultivate means the grading, planting, growing, harvesting, drying, curing, trimming, or storage, or any combination of these activities, of one (1) or more cannabis plants or any part thereof in any location, indoor or outdoor, including from within a fully enclosed and secure building.

10.

Daycare Center means resident or non-resident-based daycare services for over fourteen (14) children including resident children, under the age of ten (10) years old, if located within a residence, or as provided for in the Cal. Health & Safety Code § 1596.76, as may be amended.

11.

Daycare, Small Family means where resident child daycare services are provided in the home for eight (8) or fewer children, including the resident children, under the age of ten (10) years old, or as provided for in Cal. Health & Safety Code § 1596.78(c), as may be amended.

12.

Designated Responsible Party(ies) means the individual or entity legally and primarily responsible for all the Commercial Cannabis Activities on the parcel and/or premises related to Commercial Cannabis Activities. The Designated Responsible Party(ies) must be licensed by the State of California for the Commercial Cannabis Activities which he/she/they intend on conducting in Nevada County. If the licensee is not the property owner, the legal property owner of any parcel and/or premises upon which any Commercial Cannabis Activity will be conducted in Nevada County will also be considered a Designated Responsible Party.

13.

Distribution means the procurement, sale, and transport of cannabis and cannabis products between licensees.

14.

Enforcing Officer means the Community Development Agency Director, Code Compliance or Cannabis Program Manager, Compliance Department Director Building Department Director, Environmental Health Director, Sheriff, Fire Authority, or their respective authorized designees, or any other official authorized to enforce local, State or Federal laws.

15.

Fire Authority means the CALFire unit chief, Fire Marshal, or the Fire Chief of any local fire protection district located in whole or in part within the County of Nevada, and all chief officers, Office of Emergency Services staff, contractors or designees, company officers and trained prevention staff as may be designated by a Fire Chief to enforce the provisions of this Section.

16.

Habitable Space means space intended for or which is used for habitation by humans or which is occupied by humans.

17.

Hazardous Materials means any Hazardous Material as defined in Cal. Health & Safety Code § 25501, as may be amended.

18.

Hearing Body means a hearing officer or hearing body designated by the Board of Supervisors to conduct administrative hearings as provided in the section of this Code governing Administrative Enforcement, Section 12.05.220.

19.

Identification card shall have the same definition as Cal. Health & Safety Code § 11362.7, as may be amended.

20.

Immature Plant means a cannabis plant which is not flowering.

21.

Immature Plant Area means an area designated for the production of only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis on and solely for the use of a licensed cannabis cultivation premises.

22.

Indoor or Indoors means cultivation using exclusively artificial light or mixed light within a detached fully enclosed and secure accessory structure using artificial light at a rate above twenty-five (25) watts per square foot and that complies with the California Building Code (Title 24, California Code of Regulations) for that specific occupancy type, as adopted by the County of Nevada, except for structures that are exempt from the requirement to obtain a building permit under the Nevada County Code. For purposes of personal use only, "Indoor" or "Indoors" shall also include cultivation inside a private residence or attached garage, but not in areas inhabited by humans, including, but not limited to, bedrooms and kitchens.

23.

Local Authorization means as required by Cal. Code Regs. Tit. §§ 8100(b)(6) and 8110; Cal. Bus. & Prof. Code § 26050.1(a)(2), or as amended respectively and by any other regulation requiring local license, permit or other local authorization to engage in Commercial Cannabis Activity, means a permit issued in final form by the permitting authority specifically allowing the holder of said permit to engage in the Commercial Cannabis Activity within the limitations set forth in said permit and allowing for the type of Commercial Cannabis Activity sought by the individual seeking the State license.

24.

Manufacturing or Manufacturing Operation means all aspects of the extraction process, infusion process, post-processing, remediation, and packaging and labeling processes, including processing, preparing, holding, and storing of cannabis products. Manufacturing also includes any processing, preparing, holding, or storing of components and ingredients.

25.

Medical Cannabis means cannabis recommended by a licensed physician, in accordance with Cal. Health & Safety Code §§ 11362.5—11362.83, commonly referred to as the Compassionate Use Act and the Medical Cannabis Program Act.

26.

Microbusiness means an operation that engages in at least three (3) of the following commercial cannabis activities: Cultivation, manufacturing, distribution, and retail sale.

27.

Mixed Light means the cultivation of mature or immature cannabis plants in an accessory structure permitted in compliance with local building codes and permitted specifically for cannabis cultivation using light deprivation and/or one (1) of the artificial lighting models described below:

Mixed Light Tier 1 means the use of artificial light at a rate of six (6) watts per square foot or less.

Mixed Light Tier 2 means the use of artificial light at a rate above six (6) watts and below or equal to twenty-five (25) watts per square foot. "Mixed Light" cultivation must take place in an accessory structure permitted in compliance with local building codes and permitted specifically for cannabis cultivation.

28.

Non-Remunerative Cultivation means the cultivation of medical cannabis only by a primary caregiver on behalf of a qualified patient for no monetary compensation except for actual expenses as allowed by Cal. Health & Safety Code § 11362.765(c). Non-remunerative cultivation must comply with all Commercial Cannabis Cultivation regulations.

29.

Non-Volatile Manufacturing means extractions using mechanical methods or nonvolatile solvents as defined by this Section. A non-volatile manufacturing operation may also:

a.

Conduct infusion operations on the licensed premises; and

b.

Conduct packaging and labeling of cannabis products on the licensed premises.

30.

Non-Volatile Solvent means any solvent used in the extraction process that is not a volatile solvent. "Non-volatile solvent" includes carbon dioxide, ethanol, and nonhydrocarbon-based or other solvents such as water, vegetable glycerin, vegetable oil, animal fat, and glycerin.

31.

Nursery means the production of only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis for wholesale distribution or sales to another State licensee in accordance with California law.

32.

Outdoor or Outdoors means cultivation of cannabis in any location that is not "indoors" nor "mixed light" and which is cultivated without the use of any artificial light at any time.

33.

Parcel means any legal parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Cal. Gov't Code §§ 66410—66499.40).

34.

Parks means private and public parks, playgrounds, play lots, athletic fields, tennis courts, public outdoor gathering area, recreational area, restrooms and similar facilities.

35.

Permitting Authority means the Community Development Agency Director, Building Director, Planning Director, Environmental Health Director, Code Compliance Program Manager, and/or Fire Authority and/or their designee(s).

36.

Personal Use means cannabis cultivated for personal use, not for any commercial purpose and not for sale, donation, gifting, or any other purpose other than the personal use of the individual who cultivates. Personal use does not include cannabis which is cultivated for non-remuneration.

37.

Premises refers to the site where cultivation occurs and includes at least one (1) legal parcel but may include multiple parcels if such parcels are under common ownership or control and at least one (1) parcel contains a legally permitted and occupied primary place of residence.

38.

Primary Caregiver shall have the definition set forth in Cal. Health & Safety Code §11362.7(d), as may be amended.

39.

Primary Place of Residence means the Residence at which an individual resides, uses or otherwise occupies on a full-time, regular basis.

40.

Processing means any method used to prepare cannabis for commercial sale, including, but not limited to: Drying, cleaning, curing, grading, trimming, and packaging of cannabis and nonmanufactured cannabis products.

41.

Qualified Patient shall have the definition as set forth in Cal. Health & Safety Code § 11362.7(c) and (f), as may be amended.

42.

Residence means a fully enclosed permanent structure used, designed or intended for human occupancy that has been legally established, permitted, and certified as a single-family or multi-family dwelling in accordance with the County Codes. Recreational Vehicles (RVs), trailers, motorhomes, tents or other vehicles or structures which are used, designed, or intended as temporary housing shall not constitute a residence for purposes of this Section, whether or not such vehicle or structure is otherwise permitted or allowed under the Nevada County Codes.

43.

Retail Sales.

a.

Storefront Retail Sales means a building, room, or other area that is open to the public, upon the licensed retailer or licensed microbusiness premises authorized to engage in retail sales in which cannabis goods are sold or displayed.

b.

Non-Storefront Retail Sales means conducting retail sales exclusively by delivery as defined in Cal. Bus. & Prof. Code § 26001(o) and be closed to the public.

44.

School means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.

45.

Sensitive Site means a school, church, park, child or daycare center, or youth-oriented facility.

46.

Sheriff or Sheriff's Office means the Nevada County Sheriff's Office or the authorized representatives thereof.

47.

Support Area means an area associated with drying, curing, grading, trimming, rolling, storing, packaging, and labeling of non-manufactured cannabis products and/or supplies, and infrastructure (water storage tanks) exclusively used for and necessary for cannabis cultivation, and immature plant areas.

48.

Transport means the movement of cannabis by a person or entity holding a Distributor Transport Only (Self-Transport) license from the State of California to transport its own cannabis off its own cultivation site.

49.

Violator means any person or entity who causes, permits, maintains, conducts or otherwise suffers or allows a violation of this Section and/or a nuisance to exist, including but not limited to the owner(s) of the parcel or premises, the occupant(s) if other than the owner(s), the holder(s) of any permit obtained pursuant to this Section, any designated responsible party, and/or any person or entity who causes a public nuisance as described in this Section, including any person or entity who causes such nuisance on property owned by another.

50.

Youth-Oriented Facility means any facility that caters to or provides services primarily intended for minors, or where the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors.

D.

Nuisance Declared; Cultivation Restrictions.

1.

Cannabis cultivation, either indoors, mixed light or outdoors, on any parcel or premises in an area or in a quantity greater than as provided herein, or in any other way not in conformance with or in violation of the provisions of this Section, any permit issued pursuant to this Section, and/or State law, is hereby declared to be a public nuisance that may be abated by any means available by law. The provisions of Section 12.05.190 governing Legal Nonconforming Uses and Structures shall not apply to cannabis cultivation hereby declared to be a public nuisance. No person owning, leasing, occupying, or having charge or possession of any parcel or premises within the County shall cause, allow, suffer, or permit such parcel or premises to be used for cannabis cultivation in violation of the California Health and Safety Code or this Section.

2.

Cannabis cultivation is prohibited on any parcel or premises within the unincorporated territory of Nevada County except on parcels or premises with a legally established residence or an adjacent parcel with direct access to a parcel or premises with common ownership or control that has a legally established residence.

3.

Cannabis cultivation is hereby prohibited and declared a nuisance pursuant to this Section, except that cannabis cultivation may be undertaken in accordance with this Section as follows:

a.

On parcels or premises with a legally established residence or adjacent parcel with direct access to a parcel or premises with common ownership or control that has a legally established residence.

b.

Only by an individual or entity who engages in Commercial Cannabis Cultivation for medical or adult purposes, including operation of a nursery in accordance with State and local law.

c.

By an individual for personal use in accordance with Subsection E below and in accordance with State and local law.

4.

Indoor and mixed light cannabis cultivation may occur only within a permitted accessory structure that meets the requirements of this Section and complies with all applicable provisions of the County's County Code and which is permitted for purposes of the specified type of cannabis cultivation. Cultivation shall not take place in a kitchen, bathroom, bedrooms, common areas or any other space in the structure, which is used as, designed or intended for human occupancy. Structures that are exempt from the requirement to obtain a building permit under the Nevada County Code may be used for Commercial Cannabis Cultivation if meeting all requirements of the Nevada County Code for that specific structure. Notwithstanding the above, cannabis cultivation for personal use may occur inside a private residence, but not in bedrooms or kitchens.

5.

Cultivation of cannabis is prohibited on any premises located within the following areas:

a.

Upon any Premises located within six hundred (600') feet of any sensitive site. This setback is measured from the edges of the designated canopy area and from any support area to the property line of the sensitive site.

b.

In any location where cannabis, or any portion thereof and whether mature or immature, is visible and clearly identifiable from the public right-of-way or publicly traveled private roads at any stage of growth.

c.

Within any setback area required by this Section.

6.

All cannabis cultivation areas shall comply with the following requirements:

a.

All cannabis cultivation premises shall be adequately secure to prevent unauthorized entry, including a secure locking mechanism that shall remain locked at all times when the cultivator is not present within the cultivation area.

b.

Cannabis cultivation shall not adversely affect the health, safety, or general welfare of persons at the cultivation site or at any nearby residence by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, light, or vibration, by the use or storage of hazardous materials, processes, products or wastes, or by any other way. Cannabis cultivation shall not subject residents of neighboring parcels who are of normal sensitivity to reasonably objectionable odors.

c.

All electrical, mechanical, and plumbing used for indoor or mixed light cultivation of cannabis shall be installed with valid electrical, mechanical, and plumbing permits issued and inspected by the Nevada County Building Department, which building permits shall only be issued to the legal owner of the premises or their authorized agent. The collective draw from all electrical appliances on the premises shall not exceed the maximum rating of the approved electrical panel for the parcel. Electrical utilities shall be supplied by a commercial power source. If generators are used for emergency purposes as approved by the enforcing officer, all generators shall be located in containment sheds while in use to reduce generator noise to no greater than fifty (50) dB as measured at one hundred (100') feet from any sensitive habitat or known sensitive species. This is an annual requirement and shall be verified yearly when the ACP is renewed. If conformance is not shown, the permit shall be denied or held in abeyance until the project infraction is brought into conformance with this Section.

d.

Cultivation of cannabis indoors shall contain effective ventilation, air filtration and odor-reducing or odor-eliminating filters to prevent odor, mold and mildew in any area used for cultivation or which is used as, designed or intended for human occupancy, or on adjacent premises.

e.

All structure and site utilities (plumbing, electrical and mechanical) shall comply with the California Building Standards Codes as adopted by the County of Nevada.

f.

All lights used for cannabis cultivation shall be shielded and downcast or otherwise positioned in a manner that will not shine light or allow light glare to exceed the boundaries of the premises and shall comply with the requirements of Section 12.04.170.8.D, Lighting in Community Design Standards of this Code. Lights are not permitted to be detectable during the nighttime hours. If lights are to be used during nighttime hours, black out or light barriers must be used to ensure no light is visible during nighttime hours.

g.

Noise levels generated by cultivation shall not exceed the standards set forth in Table 12.04 Exterior Noise Limits of this Chapter applicable to the Land Use Category and Zoning District for the premises on which the cultivation occurs.

h.

If the person(s) engaging in cannabis cultivation is/are not the legal owner(s) of the parcel, the person(s) who is engaging in cannabis cultivation on such parcel shall: (i) Give written notice to the legal owner(s) of the parcel prior to commencing cannabis cultivation on such parcel, and (ii) shall obtain a signed and notarized Nevada County issued authorization form from the legal owner(s) consenting to the specific Commercial Cannabis Activity for which a local permit and State license are being sought on the Parcel and provide said authorization to Nevada County prior to the commencement of any cultivation activities and at least annually thereafter. A copy of the most current letter of consent shall be displayed in the same immediate area as designated in the permit and license, in such a manner as to allow law enforcement and other enforcing officers to easily see the authorization without having to enter any building of any type. Such authorization must also be presented immediately upon request by an enforcing officer.

i.

The use of hazardous materials shall be prohibited in cannabis cultivation except for limited quantities of hazardous materials that are below State of California threshold levels of fifty-five (55) gallons of liquid, five hundred (500) pounds of solid, or two hundred (200) cubic feet of compressed gas. Any hazardous materials stored shall maintain a minimum setback distance from water sources in accordance with Nevada County Code Chapter governing Water Supply and Resources. The production of any hazardous waste as part of the cultivation process shall be prohibited.

Exception: Liquified propane tanks up to one thousand (1,000) gallons installed in accordance with the California Fire Code and California Health and Safety Code and approved by the Fire Authority, Nevada County Building Department and Nevada County Environmental Health Department.

j.

All Premises used for cannabis cultivation shall have a legal and permitted water source and shall not engage in unlawful or unpermitted drawing of surface or piped water or permit illegal discharges of water. For purposes of engaging in cannabis cultivation pursuant to this Section, water delivery is prohibited.

k.

All Premises used for cannabis cultivation shall have a legal and permitted sewage disposal system and shall not engage in unlawful or unpermitted drawing of surface water or permit illegal discharges of water.

7.

Accessory structures used for cannabis cultivation shall meet all of the following criteria:

a.

The accessory structure, regardless of size, shall be legally constructed in accordance with all applicable development permits and entitlements including, but not limited to, grading, building, structural, electrical, mechanical and plumbing permits approved by applicable federal, state and local authorities prior to the commencement of any cultivation activity. The conversion of any existing accessory structure, or portion thereof, for cultivation shall be subject to these same permit requirements and must be inspected for compliance by the applicable Federal, State and local authorities prior to commencement of any cultivation activity. Any accessory structure must also be permitted for the specific purpose of Commercial Cannabis Cultivation. Agricultural structures constructed in compliance with the Nevada County Code may be used for Commercial cannabis cultivation if a letter of exemption is issued by the Nevada County Chief Building Official or their designee certifying that the structure meets all requirements to receive a letter of agricultural exemption.

b.

The accessory structure shall not be built or placed within any setback as required by the Nevada County Code or approved development permit or entitlement.

c.

Accessory structures shall not be served by temporary extension cords. All electrical shall be permitted and permanently installed.

d.

Accessory structures used for indoor cultivation shall be equipped with a permanently installed and permitted odor control filtration and ventilation system adequate to prevent any odor, humidity, or mold problem within the structure, on the premises, or on adjacent Parcels.

e.

Any structure used for indoor cultivation shall have a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through one (1) or more lockable doors, and constructed of solid materials that cannot easily be broken through, such as two (2") inches by four (4") inches or thicker studs overlain with three-eighths (⅜")-inch or thicker plywood, polycarbonate panels, or equivalent materials. Exterior walls must be constructed with non-transparent material. Plastic sheeting, regardless of gauge, or similar products do not satisfy these requirements.

8.

Where the provisions of this Section are more restrictive than the Nevada County Code, the provisions of this Section shall govern.

9.

Nothing herein shall limit the ability of the enforcing officer or any other State or local employees or agents from entering the property to conduct the inspections authorized by or necessary to ensure compliance with this Section, or the ability of the Sheriff to make initial inspections or independent compliance checks. The enforcing officer is authorized to determine the number and timing of inspections that may be required.

10.

All canopy areas and support areas must be adequately secured to prevent unauthorized entry and entry by children and include a locking gate that shall remain locked at all times when a Designated responsible party is not present within the cultivation site. Cannabis or any portion thereof and whether mature or immature shall not be visible and clearly identifiable from a public right-of-way.

11.

Notwithstanding the above, cannabis cultivation of up to six (6) immature or mature plants for personal use may be cultivated inside a private residence or attached garage except that it may not be cultivated in any space inhabited by humans, including, but not limited to, bedrooms and kitchens.

12.

Offsite Processing. The processing of permitted and licensed cannabis product grown offsite may occur at a local and State licensed and permitted cultivation premises subject to all limitations and requirements contained within the provisions of this Section, including, but not limited to: Noise standards, odor controls, sanitation requirements, accessory structure requirements, support area size limitations, setbacks, parcel sizes, etc.

a.

Offsite processing facilities shall meet commercial occupancy requirements and be specifically described in commercial cannabis cultivation permit applications including the number of employees and the areas for offsite processing shall be delineated on the site plan.

b.

Traffic associated with offsite processing activities shall be limited to 8:00 a.m. to 5:00 p.m. Monday through Saturday. No more than six (6) vehicle trips (round trips) shall be allowed for offsite processing activities per day.

E.

Personal Use Cannabis Cultivation. All cultivation of cannabis for personal use must conform to the regulations and requirements set forth in Subsection D, above, in addition to the following regulations and requirements.

Personal use cannabis cultivation is allowed as follows:

1.

For personal use only, cannabis cultivation may occur only on a parcel or premises with an occupied legally permitted primary place of residence and only in the following zones:

a.

R-1, R-2, R-3 and R-A (Residential Designation) on parcels of any size:

Indoors: Maximum of six (6) plants, mature or immature.

Mixed light or outdoors: Cultivation is prohibited.

b.

RA (Rural and Estate Designation):

Parcels of five (5.00) acres or more:

Indoors, mixed light and outdoors or a combination of methods: A maximum of six (6) plants, mature or immature.

c.

AG, AE, FR, and TPZ:

Parcels of equal to or less than one and ninety-nine one-hundredths (1.99) acres:

Indoors: A maximum of six (6) plants, mature or immature.

Mixed light and outdoors: Cultivation is prohibited.

Parcels of two (2.00) acres or greater:

Indoors, Mixed Light and Outdoors: A maximum of six (6) plants, mature or immature.

2.

The following setbacks apply to all cannabis cultivation sites regardless of purpose or cultivation method:

a.

For all external, non-shared premises property lines:

One hundred (100) linear feet measured from the edge of the canopy area to the adjacent property lines for canopy sizes under ten thousand one (10,001) square feet.

One hundred fifty (150) linear feet measured from the edge of the canopy area to the adjacent property lines for canopy sizes ten thousand one (10,001) to twenty thousand (20,000) square feet.

Two hundred (200) linear feet measured from the edge of the canopy area to the adjacent property lines for canopy sizes twenty thousand one (20,001) to forty thousand (40,000) square feet.

b.

For all external, non-shared premises property lines:

One hundred (100) linear feet measured from the edge of any support area to the adjacent property lines for canopies sizes under ten thousand one (10,001) square feet.

One hundred fifty (150) linear feet measured from the edge of the support area to the adjacent property lines for canopy sizes ten thousand one (10,001) to twenty thousand (20,000) square feet.

Two hundred (200) linear feet measured from the edge of the support area to the adjacent property lines for canopy sizes twenty thousand one (20,001) to forty thousand (40,000) square feet.

c.

For all shared internal premises property lines of the parcels under common ownership or control that are part of the permitted premises:

Indoor and mixed light canopy areas and all structures including support area structures shall meet the setbacks of the base zoning district identified by this Chapter.

Outdoor canopy areas that do not include any structures do not require setbacks from shared parcel lines that are under common ownership or control that are part of the permitted premises.

d.

In a mobile home park as defined in Cal. Health & Safety Code § 18214.1, one hundred (100') feet from mobile home that is under separate ownership.

F.

Commercial Cannabis Cultivation. Except as explicitly allowed in this Section, Commercial Cannabis Activities are prohibited. All Commercial Cannabis Activities must conform to the regulations and requirements set forth in Subsection D, above, in addition to the following regulations and requirements:

Commercial Cannabis Cultivation is permitted as follows:

1.

Commercial Cannabis Cultivation may occur only on premises with an occupied legally permitted primary place of residence, or an adjacent parcel with direct access to a parcel or premises with common ownership or control that has an established residence. Multiple, contiguous parcels under common ownership or control may be used to qualify for the minimum acreage required for the canopy maximum square footage as described below, however, all parcels must be a minimum of five (5.00) acres in size to qualify for aggregate parcel size totals. Commercial Cannabis may occur only in zones as set forth as follows:

a.

R-1, R-2, R-3 and R-A (Regardless of Code Designation) and TPZ:

Commercial Cannabis Cultivation is prohibited.

b.

AG, AE, FR: Parcels of less than two (2) acres:

Commercial Cannabis Cultivation is prohibited.

Parcels two (2) acres up to four and ninety-nine one hundredths (4.99) acres:

Indoors: A maximum of five hundred (500) square feet of canopy.

Mixed light and outdoors: Commercial Cannabis Cultivation is prohibited. Parcels five (5) acres up to nine and ninety-nine one hundredths (9.99) acres:

Indoors, mixed light, outdoors or a combination of said methods: A maximum of two thousand five hundred (2,500) square feet of canopy. Up to fifty-five percent (55%) of the allowed support area square footage may be transferred to and used as additional canopy square footage.

Parcels or multiple contiguous parcels under common ownership or control of ten (10) acres up to nineteen and ninety-nine one hundredths (19.99) acres:

Indoors, mixed light, outdoors or a combination of said methods: A maximum of five thousand (5,000) square feet of canopy. Up to fifty-five percent (55%) of the allowed support area square footage may be transferred to and used as additional canopy square footage.

Parcels or multiple contiguous parcels under common ownership or control of twenty (20) acres up to thirty-nine and ninety-nine one-hundredths (39.99) acres:

Indoors, mixed light, outdoors or a combination of said methods: A maximum of ten thousand (10,000) square feet of canopy. Up to fifty-five percent (55%) of the allowed support area square footage may be transferred to and used as additional canopy square footage for mixed light and/or outdoor cultivation only.

Parcels or multiple contiguous parcels under common ownership or control of forty (40) acres up to fifty-nine and ninety-nine one-hundredths (59.99) acres:

Indoors, mixed light, outdoors or a combination of said methods: A maximum of twenty thousand (20,000) square feet of canopy, however Indoor shall not exceed ten thousand (10,000) square feet.

Parcels or multiple contiguous parcels under common ownership or control of sixty (60) acres up to seventy-nine and ninety-nine one-hundredths (79.99) acres:

Indoors, mixed light, outdoors or a combination of said methods: A maximum of thirty thousand (30,000) square feet of canopy, however Indoor shall not exceed ten thousand (10,000) square feet or twenty thousand (20,000) square feet of mixed light.

Parcels or multiple contiguous parcels under common ownership or control of eighty (80) acres or greater:

Indoors, mixed light, outdoors or a combination of said methods: A maximum of forty thousand (40,000) square feet of canopy, however Indoor shall not exceed ten thousand (10,000) square feet or twenty thousand (20,000) square feet of mixed light.

2.

The six (6) plants permitted to be cultivated on any premises for personal use in accordance with this Section and state law may be cultivated in addition to the amounts allowed for Commercial Cannabis Cultivation by this Section.

3.

Commercial Cannabis may be cultivated on premises with multiple parcels only if there is direct access from one (1) parcel to the other. The total canopy area shall not exceed that allowed area based on the total aggregate size of all contiguous parcels included in the operation as identified in Subsection F.1.b above. The total canopy area and any support area must comply with all setback requirements as described in Subsection E.2 above.

4.

All those engaged in Commercial Cannabis Cultivation in Nevada County must possess and maintain the appropriate Commercial Cannabis license(s) from the State of California. State licenses must cover and allow for the Commercial Cannabis Cultivation activities being conducted in Nevada County.

5.

The holder of an Annual Cannabis Permit for Commercial Cannabis Cultivation or for non-remuneration cultivation in Nevada County may also transport its own cannabis from its licensed and permitted premises to the extent allowed by the permit holder's State license and State law without obtaining an additional permit from Nevada County. The permit from Nevada County, however, must indicate that such transport is specifically allowed. In order to engage in transport of cannabis or cannabis products, the permit holder must provide the County with proof of possession of a "Distributor Transport Only" (Self-Distribution only) California State license, and/or "Distributor" California State license, as set forth in CCR Tit. 16 § 5315, allowing for transport of cannabis from the cultivation site as long as said license is necessary under State law. Said State license must be maintained in good standing in order to engage in the transport of cannabis in the County of Nevada. Notwithstanding the foregoing, this provision does not authorize the holder of an ACP to transport cannabis away from the cultivation sites of other permit holders.

6.

Commercial Cannabis Activity in the County of Nevada may only be conducted by individuals and/or entities licensed by the State of California to engage in the activity for which a permit was issued by the County of Nevada. Commercial Cannabis Activities may not commence, and the Nevada County permit is not valid, until the appropriate license is obtained from the State of California.

7.

A maximum of three (3) cultivation permits will be issued per person or entity for purpose of engaging in Commercial Cannabis Activities. No person or entity may have any financial interest in more than eight (8) Commercial Cannabis businesses and/or enterprises in Nevada County Cannabis Cooperatives as defined by Cal. Bus. & Prof. Code §§ 26220—26325, and as amended, are exempt from the limitations contained in this Subsection F.7.

8.

A primary caregiver may cultivate no more than five hundred (500) square feet of canopy per qualified patient for up to five (5) specified qualified patients for whom they is the primary caregiver within the meaning of Cal. Health & Safety Code § 11362.7, if said primary caregiver does not receive remuneration for these activities except for compensation in full compliance with Subdivision (c) of Cal. Health & Safety Code § 11362.765. Cultivation under this provision, however, must otherwise comply with all other regulations applying to Commercial Cannabis Cultivation under this Section.

9.

Cannabis support areas are limited to a maximum area equal to ninety percent (90%) of the allowed canopy area. The support area boundary shall be clearly identified on any plans that are submitted and on the premises.

10.

Standard Parking: One (1) regular space per employee shall be provided onsite.

Accessible Parking: The accessible parking standards for Commercial Cannabis operations shall be in accordance with the most recently adopted version of the California Building Standards Codes. These standards will be in accordance to public accommodations as outlined in Chapter 11B of the California Building Code. Accessible parking is required only when there are fully permitted commercial accessory structures such as processing structures, office buildings, and greenhouse structures. Any exempt structures do not require disabled accessible parking facilities.

Parking spaces for non-ADA spaces may be gravel or other compacted surface capable of supporting vehicles. If employees are living onsite parking spaces required for the residence may be credited toward the total employee spaces required onsite (up to two (2) spaces per legal dwelling). ADA parking spaces (if required) may be counted in the total required parking space count (i.e. seven (7) employees proposed, six (6) regular spaces and one (1) ADA space for a total of seven (7)). Any parking spaces provided in excess of the required parking are not required to meet County standards. Driveway standards are required to be met for all cannabis projects regardless of parking requirements.

G.

Permitting of Commercial and Non-Remuneration Cannabis Activities. Permitting to engage in Commercial Cannabis Activities or Non-Remunerative Cannabis Cultivation in Nevada County is a two-step process. One must obtain both an Administrative Development Permit, and an Annual Cannabis Permit. The permitting authority may issue permits to applicants meeting the requirements of this Subsection G and this Section.

1.

Administrative Development Permit (ADP) requirements are as follows:

a.

Canopy sizes of a combined total of up to forty thousand (40,000) square feet (indoors, mixed light or outdoors) on the premises depending on parcel(s) size as described in Subsection F.1 above.

b.

Applicant must provide the following as part of their application for an ADP:

i.

A complete application.

ii.

A list of all individuals and/or entities with any financial interest in the Commercial Cannabis Activity, including names, addresses, titles, nature and extent of financial interest, and disclosure of all financial interest in any and all Cannabis businesses in the County.

iii.

Copy of identification acceptable to County, including but not limited to driver's license or passport.

iv.

All ADP permits are subject to all of the resource protection standards identified in Section 12.04.303, Resource Standards, General Provisions of this Code.

v.

A detailed site plan setting forth the intended location of the canopy area and any support area, detailed description of intended activities, setbacks, descriptions of existing and proposed structures and any other information required to show compliance with this Section. In addition, the site plan shall include:

a)

All landmark trees, landmark groves and heritage trees and groves as defined in the Nevada County Code. If such trees exist, the applicant shall indicate that the proposed cultivation sites and any proposed ancillary structures would not require removal of any of the listed trees and that all cannabis cultivation and accessory structures are outside the existing drip line of all trees. If any cultivation or accessory structure would require removal or encroach in the drip line of any trees and the project plans shall be revised to avoid the trees. If any trees or groves are dead, dying, or a public safety hazard as determined by a qualified professional, no further action is required.

b)

All prime farmland, unique farmland, or farmland of statewide importance based on the most recent available mapping provided by the California Department of Conservation (CDOC) Farmland Mapping & Monitoring Program (FMMP) that exist on the project site. If such lands exist, the applicant shall show on the site plan(s) that any proposed accessory structure and related improvements (e.g., driveways, staging areas, etc.) have been located on the property in which impacts to mapped farmlands are reduced to the maximum extent practicable. A Management Plan pursuant to General Provisions of Resource Standards shall be required if any cultivation activities or structures encroach into mapped farmland.

vi.

Irrigation water service verification.

vii.

Sewer/septic service verification.

viii.

Electrical service verification.

ix.

A security plan.

x.

A light control plan that demonstrates how light used for cultivation purposes would be controlled. Light control measures may include but not be limited to means such as using blackout tarps to completely cover all greenhouses and hoop-houses or restricting the use of lighting between sunset and sunrise.

xi.

All Administrative Development Permit applications shall include language in project cultivation plans and on project site plans when applicable, that the grading or building permit for the proposed project shall comply with applicable State and Federal air pollution control laws and regulations, and with applicable rules and regulations of the NSAQMD during any construction and during operations of Cannabis facilities. Compliance with NSAQMD Rule 226 Dust Control Plan shall be required, and all construction equipment (seventy-five (75) horsepower and greater) shall not be less than Tier 3, less than Tier 4 Interim if construction starts after 2025, and Tier 4 Final if construction starts after 2030. Written documentation that the cannabis facility is in compliance with the NSAQMD shall be provided to the Nevada County Planning Department.

xii.

All Administrative Development Permit and non-remuneration cultivation operations are restricted from burning any cannabis or other vegetative materials. The following language shall be included on all site plans: "The burning of any part of the cannabis plant or plant materials that is considered excess or waste is prohibited from being burned."

xiii.

All applications shall include biological pre-screening materials. The materials shall include adequate information to define site constraints and show potentially sensitive biological resource areas. Materials shall include, at a minimum, project location (site address and parcel numbers); site aerials, photographs of proposed areas of disturbance (includes canopy area, accessory structures, and any related improvements [e.g., driveways, staging areas, etc.]), photographs of vegetative cover, a thorough project description describing all phases of construction, all proposed structures and Cultivation areas, location of any streams, rivers, or other water bodies, limits and depth of grading, any grading cut or fill in a stream, river, or other water body, any water diversions and/or description of the source of water, water storage locations, and source of electricity (if applicable). If avoidance or protection measures are required, a Habitat Management Plan (HMP) consistent with the requirements of Section 12.04.303, General Provisions of Resource Standards of this Code shall be prepared. If potential impacts on these biological resources cannot be reduced to less than significant levels, no permit shall be issued.

xiv.

Applications shall include a Non-Confidential Records Search to NCIC to determine the potential for Commercial Cannabis Cultivation sites to disturb historic, cultural, or tribal resources. Upon receipt, should the County find the NCIC recommends a cultural resource study; the applicant shall retain a qualified professional to conduct a cultural resource study of the project area. No permit shall be issued until the completion of such report, and if needed, until recommended mitigation is implemented, or a plan has been submitted to the County for implementation.

xv.

All applications that include ground disturbance shall include a note on the plans that if subsurface archeological and/or paleontological features or unique geologic features are discovered during construction or ground disturbance, all activities within fifty (50') feet of the find shall cease and the County shall be notified immediately. A qualified archaeologist/paleontologist shall be retained by the County to assess the find and shall have the authority to prescribe all appropriate protection measures to future work. If buried human remains are discovered during construction or ground disturbance, all activities shall cease and the County shall be notified immediately. The County shall notify the coroner to examine the remains. If the remains are determined to be of Native American origin, the Native American Heritage Commission shall be notified, and all sections details in Cal. Pub. Res. Code § 5097.98 shall be followed.

xvi.

Copy of Deed to Property indicating applicant ownership.

xvii.

Acknowledgement of all standards and requirements set forth in this Section.

xviii.

Copy of valid State license application allowing for type of Commercial Cannabis Activity applied for (if available).

xix.

Lease information.

xx.

Payment of applicable fees.

xxi.

Provide proof of purchase of a Certificate of Deposit or Bond from a commercial banking institution approved by the enforcing officer in the amount of five thousand dollars ($5,000.00) which may be accessed by County of Nevada.

xxii.

A valid email address and acknowledgement that the applicant agrees to accept service of any notice required or allowed by this Section via email.

xxiii.

Compliance and consistency with recorded deed restrictions and/or Codes, Covenants, and Restrictions (CC&R) provisions, not required by the County, shall be the sole responsibility of the property owner. A signed Cannabis Permit and Homeowners Association Acknowledgment shall be submitted with the application indicating that it is the responsibility of the applicant to be familiar with and in compliance with the Homeowner's Association rules, regulation and/or covenants.

c.

Applicant must allow for right of entry and inspections to ensure permit eligibility and compliance.

d.

Secondary Access and Dead-End Road Requirement Exemption:

Secondary access may be waived at the discretion of the permitting authority if applicant attests that there will be no special events held on the premises and that the general public will not have access to the premises.

e.

Applicant shall obtain and keep a valid and active ACP for the ADP to remain active. If an ACP is not obtained within six (6) months of issuance of the ADP, or if the ACP is revoked, expires or denied renewal, the County may take any actions allowed by this Section or by law to revoke the ADP.

H.

Permitting of Distribution. Permitting to engage in Distribution requires the approval of an Administrative Development Permit and an Annual Cannabis Permit. The permitting authority may issue permits to applicants meeting the requirements of Subsections D, E, F, G and this Section.

1.

Distribution is allowed only on a legally permitted cannabis cultivation premises site with an approved Administrative Development Permit. The area dedicated to distribution shall be a maximum of one thousand (1,000) square feet and shall be included in the total allowed support area square footage for the operation.

2.

A licensed distributor shall distribute only cannabis and cannabis products, cannabis accessories, and licensees' branded merchandise or promotional materials.

3.

Distribution activities may include:

a.

Moving cannabis and cannabis products between cultivation, manufacturing or distribution premises.

b.

Moving finished cannabis goods to retail premises.

c.

Arranging for testing of cannabis goods.

4.

All activities associated with distribution shall be limited to a maximum of six (6) vehicle trips per day.

5.

Applicant shall obtain and keep a valid and active ACP for the ADP to remain active. If an ACP is not obtained within six (6) months of issuance of the ADP, or if the ACP is revoked or denied renewal, the County may take any actions allowed by this Section or by law to revoke the ADP. A suspension or revocation of a microbusiness permit shall affect all commercial cannabis activities allowed pursuant to that license.

I.

Permitting of Non-Volatile Manufacturing. Permitting to engage in manufacturing activities using non-volatile solvents requires the approval of an Administrative Development Permit and an Annual Cannabis Permit. The permitting authority may issue permits to applicants meeting the requirements of Subsections D, E, F, G and this Section.

1.

Non-volatile manufacturing is allowed only on a legally permitted cannabis cultivation site with an approved Administrative Development Permit. The area dedicated to non-volatile manufacturing shall be a maximum of one thousand (1,000) square feet and shall be included in the total allowed support area square footage for the operation.

2.

Non-volatile manufacturing shall be located within permitted structures that meet setbacks required by this Section.

3.

Non-volatile manufacturing Commercial Cannabis Activity in the County of Nevada may only be conducted by individuals and/or entities licensed by the State of California to engage in the activity for which a permit was issued by the County of Nevada. Commercial Cannabis Activities may not commence, and the Nevada County permit is not valid, until the appropriate license is obtained from the State of California.

a.

A manufacturer licensee shall not manufacture, prepare, package or label any products other than cannabis products at the licensed premises.

b.

A manufacturer licensee shall only use cannabinoid concentrates and extracts that are manufactured or processed from cannabis cultivated onsite and/or obtained from a licensed cannabis cultivator.

4.

No equipment or process shall be used in any manufacturing operation which generates noise in excess of the noise standards contained in this Chapter.

5.

No equipment or process shall be used in any manufacturing operation which generates off-site, detectable vibration, glare, fumes, significant odors or electrical interference.

6.

All parking for the operation shall be provided on site and shall meet the standards set forth in this Chapter.

7.

Applicant shall obtain and keep a valid and active ACP for the ADP to remain active. If an ACP is not obtained within six (6) months of issuance of the ADP, or if the ACP is revoked or denied renewal, the County may take any actions allowed by this Section or by law to revoke the ADP. A suspension or revocation of a microbusiness permit shall affect all commercial cannabis activities allowed pursuant to that license.

J.

Permitting of Microbusiness without Storefront Retail Sales. Such facilities require the approval of an Administrative Development Permit and an Annual Cannabis Permit. The permitting authority may issue permits to applicants meeting the requirements of Subsections D, E, F, G and this Section including the following standards:

1.

All cultivation, manufacturing, and distribution, shall occur on the same licensed premises.

2.

Microbusiness without storefront retail sales shall comply with all the rules and requirements applicable to the respective activities (cultivation, manufacturing, distribution and non-storefront retail sales for all activities occurring onsite.

3.

Retail delivery is only allowed for licensed non-storefront retailer conducting the sales exclusively by delivery as defined in Cal. Bus. & Prof. Code § 26001(o) and shall be closed to the public.

4.

All parking for the operation shall be provided onsite and shall meet the standards set forth in this Chapter.

5.

A microbusiness without storefront retail sales shall comply with all the security rules and requirements applicable to the corresponding license type suitable for the activities of the licensee.

6.

Applicant shall obtain and keep a valid and active ACP for the ADP to remain active. If an ACP is not obtained within six (6) months of issuance of the ADP, or if the ACP is revoked or denied renewal, the County may take any actions allowed by this Section or by law to revoke the ADP. A suspension or revocation of a microbusiness permit shall affect all commercial cannabis activities allowed pursuant to that license.

K.

Permitting of Microbusiness with Storefront Retail Sales. Such facilities are allowed subject to approval of a Use Permit as defined in Section governing Use Permits of this Code and an Annual Cannabis Permit. The permitting authority may issue permits to applicants meeting the requirements of this Section including the following standards:

1.

All cultivation, manufacturing, distribution, and retail activities shall occur on the same licensed premises.

2.

Microbusiness shall comply with all the rules and requirements applicable to the respective activities (cultivation, manufacturing, distribution, and/or storefront retail sales) for all activities occurring onsite.

3.

No cannabis or cannabis products shall be consumed onsite.

4.

Operating days and hours for all storefront retail sales activities shall be limited to Monday through Saturday from 8:00 a.m. to 6:00 p.m., including deliveries, or as otherwise allowed by the Use Permit. Operating hours may be further restricted through the Use Permit process where needed to provide land use compatibility.

5.

All parking for the operation shall be provided onsite and shall meet the standards set forth in this Chapter.

6.

Any and all signages for advertisement of any storefront retail sales related activities, products or services shall comply with Section Comprehensive Site Development Standards, Signs, in this Code.

7.

Secondary access shall be provided for locations that do not meet dead end road standards.

8.

A microbusiness with storefront retail sales shall comply with all the security rules and requirements applicable to the corresponding license type suitable for the activities of the licensee.

9.

Areas of the permitted premises for manufacturing, cultivation, and distribution shall be separated from the retail areas by a wall and all doors between the areas shall remain closed when not in use.

10.

Applicant shall obtain and keep a valid and active ACP for the ADP to remain active. If an ACP is not obtained within six (6) months of issuance of the ADP, or if the ACP is revoked or denied renewal, the County may take any actions allowed by this Section or by law to revoke the ADP. A suspension or revocation of a microbusiness permit shall affect all commercial cannabis activities allowed pursuant to that license.

L.

Annual Cannabis Permit (ACP). This permit may be issued to the individual/entity engaging in the Commercial Cannabis Activity and non-remuneration cultivation.

1.

Permit for Commercial Cannabis Activities:

a.

Applicant must submit the following information as part of the application process:

i.

A complete application.

ii.

The exact location of the proposed cannabis activity.

iii.

A copy of all applications of licensure submitted to the State of California related to the proposed cannabis activities.

iv.

A list of all individuals and/or entities with any financial interest in the Commercial Cannabis Activity, including names, addresses, titles, nature and extent of financial interest, and disclosure of all financial interest in any and all Cannabis businesses in the County.

v.

Tax identification information.

vi.

Detailed description of any law enforcement and/or code enforcement activities at the premises proposed for the cannabis activities.

vii.

Copy of identification acceptable to County, including but not limited to driver's license or passport.

viii.

A detailed site plan setting forth the intended location of the canopy area and any support area, detailed description of intended cannabis activities, setbacks, descriptions of existing and proposed structures and any other aspects required to show compliance with this Section.

ix.

Irrigation water service verification.

x.

Sewer/septic service verification.

xi.

Electrical service verification.

xii.

A security plan.

xiii.

Notarized landlord authorization to engage in activity or deed of ownership.

xiv.

Acknowledgement of standards and requirements set forth in this Section.

xv.

Copy of valid State license application allowing for type of Commercial Cannabis Activity applied for (if available).

xvi.

Lease information.

xvii.

Payment of applicable fees as may be established and amended by the County.

xviii.

A valid email address and acknowledgement that the applicant agrees to accept service of any notice required or allowed by this Section via email.

b.

Non-remunerative ACP applicants must submit the following:

i.

A complete application.

ii.

The exact location of the proposed cultivation.

iii.

Sufficient proof that the applicant is a qualified caregiver.

iv.

Copies of valid recommendations from qualified physicians for each qualified individual for whom cannabis is being cultivated.

v.

Background information, including but not limited to a statement that the applicant and owner have submitted to a LiveScan background check no earlier than thirty (30) days prior to the date of application.

vi.

Detailed description of any law enforcement and/or code enforcement activities at the premises proposed for the cannabis cultivation.

vii.

Copy of approved identification.

viii.

A detailed site plan setting forth the intended location of the canopy area and any support area, detailed description of intended activities, setbacks, descriptions of existing and proposed structures and any other information required to show compliance with this Section.

ix.

Irrigation water service verification.

x.

Sewer/septic service verification.

xi.

Electrical service verification.

xii.

A security plan.

xiii.

Notarized landlord authorization to engage in activity or deed of ownership.

xiv.

Acknowledgement of standards and requirements set forth in this Section.

xv.

Lease information.

xvi.

Payment of applicable fees as may be established and amended by the County.

xvii.

A valid email address and acknowledgement that the applicant agrees to accept service of any notice required or allowed by this Section via email.

xxiii.

Compliance and consistency with recorded deed restrictions and/or Codes, Covenants, and Restrictions (CC&R) provisions, not required by the County, shall be the sole responsibility of the property owner. A signed Cannabis Permit and Homeowners Association shall be submitted with the application indicating that it is the responsibility of the applicant to be familiar with and in compliance with the Homeowner's Association rules, regulation and/or covenants.

c.

Applicant must allow for right of entry and inspections to ensure permit eligibility and compliance.

d.

Secondary Access and Dead End Road Requirement Exemption:

Secondary access may be mitigated at the discretion of the permitting authority if applicant attests that there will be no special events held on the premises, that the general public will not have access to the premises, that no more than ten (10) employees will be on the premises at any given time, and that fire authority approves the exemption. This exemption does not apply to microbusinesses with storefront retail.

e.

ACPs must be renewed annually.

2.

In the event that the proposed site plan does not meet the setback requirements of this Section, the applicant may propose use of an easement agreement with an adjacent property owner or obtain a setback variance in order to satisfy the setback requirements (a "Setback Easement" or "Setback Variance"). Setback easements and/or setback variances relating to indoor, mixed light and outdoor cultivation and support areas will be granted and issued at the discretion of the permitting authority, and only as follows:

a.

Setback variances shall follow the requirements of sections of this Code governing variances. Setback variances shall be limited to a minimum setback of sixty (60') feet to property lines; provided, however, existing structures permitted prior to May 1, 2019 shall be limited to a minimum setback of thirty (30') feet to property lines. Except as set forth in subsections below, no setback variance will be considered for any other provision of this Section including, but not limited to, canopy area, minimum parcel size, zoning designations or methods of cultivation. The findings required for approval of a Setback Variance shall be those listed in this Code in addition to the following finding:

i.

The setback variance will not result in any increased odor impacts to neighboring properties and all potential increases in odor impacts have been adequately mitigated.

b.

Setback easements are intended to allow limited flexibility for purposes of compliance with setback requirements only. Except as set forth in subsections below, no setback easement will be considered for any other provision of this Section including, but not limited to, canopy area, minimum parcel size, zoning designations or methods of cultivation.

c.

Setback easements must comply with the following:

i.

Setback easement area cannot exceed forty percent (40%) of the required setback.

ii.

The majority of the burden of the setback must remain with the applicant.

iii.

The easement must contain the following language: "This easement may be used to meet the Nevada County setback requirements for the purpose of cultivation indoors, mixed light, or outdoors pursuant to the Nevada County Code."

iv.

All other legal and local requirements of a Setback Easement must be met.

d.

The permitting authority has the discretion to authorize a cultivation site or support area at a distance less than one thousand (1,000') feet from a State and/or Federal Park if the following criteria are met:

i.

The proposed site is at least three hundred (300') feet from the property line of the State or Federal Park; and

ii.

The portion of the State or Federal Park that is adjacent to the parcel or premises upon which the cultivation site or support area is proposed to be constructed is inaccessible by the public and is unimproved.

The Permitting Authority has the authority to submit the application through the Planning Commission process for approval if, in their discretion, such approval is appropriate.

M.

Change in Land Use. To the extent feasible, the County shall encourage any person proposing to construct or operate a new or relocated school, sensitive site, church, park, daycare, or child care center, or youth-oriented facility to consider whether the proposed location of such use is within six hundred (600') feet of a premises upon which cannabis cultivation is permitted or where a Notice to Abate has been issued within the past year. Upon request, the enforcing officer shall inform any person proposing to construct or operate a new or relocated school, church, park, daycare, childcare center, or youth-oriented facility regarding whether there is such a premises within six hundred (600') feet of the proposed location of such use, and, if so, shall also inform the person, owning, leasing, occupying, or having charge or possession of that premises that such a use is being proposed within six hundred (600') feet of the premises.

N.

Denial, Suspension, and Revocation of Permits.

1.

Denial—Initial Application for Any Permit. An application for any permit to be issued pursuant to this Section may be denied following review of the application if the permitting authority determines that the applicant has not complied with the requirements of this section or makes any of the findings listed in Subsection N.5 below.

2.

Denial—Renewal of ACP. Renewal of an existing Annual Cannabis Permit may be denied if the permitting authority makes any of the findings listed in Subsection N.5 below. The permitting authority's decision to deny the renewal of an ACP may be appealed to the hearing body as described in the Administrative Enforcement Section of this Chapter.

3.

Suspension of ACP. Prior to or instead of pursuing revocation of an ACP, the permitting authority may suspend an ACP for thirty (30) days if the permitting authority makes any of the findings listed in Subsection N.5 below. The permitting authority shall issue a Notice of Suspension to the holder of the ACP by any of the methods listed in Section governing Administrative Enforcement of this Chapter. Such Notice of Suspension shall state the reason for suspension and identify what needs to be cured and corrected during the suspension period. Suspension is effective upon service of Notice as described in Administrative Enforcement section of this Chapter. All cannabis activities must cease upon suspension. Nothing in this provision shall be construed to limit the permitting authority's ability to revoke an ACP without first issuing a suspension. The permitting authority's decision to suspend an ACP may be appealed to the hearing body as described in the Administrative Enforcement Section.

4.

Revocation—ACP. An ACP may be revoked if the permitting authority makes any of the findings listed in Subsection N.5, below. The permitting authority shall issue a Notice of Revocation to the holder of the ACP by any of the methods listed in the Administrative Enforcement Section of this Chapter. The permitting authority's decision to revoke an ACP may be appealed to the hearing body as described in the Administrative Enforcement Section of this Chapter.

5.

Revocation—ADP. Any ADP may be revoked in accordance with the procedure set forth in Section governing Permit Revocation of this Chapter. An ADP may be revoked based on a finding that any of the following have occurred:

a.

Discovery of untrue statements submitted on a permit application.

b.

Revocation or suspension of any State license required to engage in Commercial Cannabis Activities.

c.

Current or previous violation by the applicant or violation by the permittee, of any provision of the Nevada County Code or State law relating to cannabis cultivation, including any land use permit conditions associated with the permittee's cannabis business operations.

d.

Failure to meet any of the general eligibility requirements to obtain a permit as set forth in this Section.

e.

Violation of, or the failure or inability to comply with, any of the restrictions or requirements for the issuance of a license or conducting cannabis business operations as set forth in this Section, including any administrative rules or regulations promulgated by the permitting authority or any conditions associated with the issuance of the permit or any associated land use permit or other associated permit.

f.

Violation of, or failure to comply with, any land use or other permit requirements associated with the licensee's Commercial Cannabis Activities, including but not limited to zoning, building, fire, and agricultural permits as may be required for the activity and the operations site.

g.

Violation of, or failure to comply with, any State or local law in conducting business operations relating to cannabis cultivation, including any laws associated with the MAUCRSA.

h.

With the exception of those employed at a cultivation site, allowing any person between the ages of eighteen (18) and twenty-one (21) years of age to enter a cultivation site, or allowing any person younger than eighteen (18) years of age to enter a cultivation site without a parent or legal guardian.

i.

Failure to contain all irrigation run-off, fertilizer, pesticides, and contaminants on premises.

j.

Failure to allow inspections of the premises and business operations by the permitting authority, building official, fire authority, law enforcement, or enforcing officer at any time, with or without notice.

k.

Failure to timely pay any local, State, or Federal tax associated with or required by the licensee's cannabis business activities, including any taxes required to be paid under the Nevada County Code, as may be established or amended.

l.

Creation or maintenance of a public nuisance related to cannabis cultivation.

m.

Conviction of a criminal offense by any permit holder that would justify denial of a State license.

n.

Failure to post and maintain at the cultivation site, in a prominent location, a copy of the local permit(s) issued pursuant to this Section and a copy of any State license(s) required for the cannabis activity.

o.

Failure to fully cooperate with a financial audit by the State or County of Nevada of any and all aspects of the permittee's business, including but not limited to on-site inspection and review of financial transactions, sales records, payroll and employee records, purchase orders, overhead expense records, shipping logs, receiving logs, waste disposal logs, bank statements, credit card processing statements, inventory records, tax records, lease agreements, supplier lists, supplier agreements, policies and procedures, and examination of all financial books and records held by the licensee in the normal course of business.

p.

Intentional or negligent diversion of cannabis to minors, failure to secure and safeguard cannabis from minors, or transport of cannabis not authorized by this Section or State law.

6.

If an initial application or renewal permit is denied, or if a permit is revoked, all cultivation on the Premises shall cease immediately; provided, however, that the operations may be allowed to continue for a brief period of time to complete miscellaneous wind-down operations at the discretion of the permitting authority or other final decision.

7.

If an initial application or renewal permit is denied, or if a permit is revoked, the permitting authority may impose a probationary period during which an application to reestablish a cannabis operation by one (1) or more of the same owners or operators or at the subject property shall not be accepted for a minimum period of two (2) years.

8.

Under no circumstances shall a cause of action for monetary damages be allowed against the County of Nevada, the permitting authority, hearing body, or any other County official or employee as a result of a denial or a revocation of a permit. By applying for a permit, the applicant and owners associated with a Commercial Cannabis Cultivation business waive any and all claims for monetary damages against the County and all other aforementioned officials and employees of the County of Nevada that may be associated with the denial or revocation of a permit.

O.

Enforcement.

1.

Except as provided herein, this Section shall be enforced by the County's Administrative Enforcement Ordinance as provided in Section governing Administrative Enforcement, Section 12.05.010, contained in this Code.

2.

Requests for appeals of a Notice to Abate shall be conducted as provided in Section governing Administrative Enforcement, Section 12.05.010 contained in this Code.

3.

Administrative hearings will be conducted as provided in Section governing Administrative Enforcement, Section 12.05.010, contained in this Code.

P.

Administrative Civil Penalties.

1.

In addition to any other remedy prescribed in this Chapter, including liability for costs described in Section 12.05.010, governing Administrative Enforcement contained in this Code. The County may impose administrative civil penalties for any violation of this Section. Administrative civil penalties may be imposed via the administrative process set forth in this Section, in Section governing Administrative Enforcement contained in this Code of this Chapter, as provided by Cal. Gov't Code § 53069.4, or may be imposed by the court if the violation requires court enforcement.

2.

Acts, omissions, or conditions in violation of this Section that continue to exist, or occur on more than one (1) day, constitute separate violations on each day.

a.

Violations of this Section are subject to the immediate imposition of administrative civil penalties shown below, including violations of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements, if the violation exists as a result of, or to facilitate, the illegal cultivation of cannabis.

b.

An amount equal to three (3) times the total of the permit fees per violation; or

c.

An amount equal to one thousand dollars ($1,000.00) per violation per day, whichever is greater.

3.

These amounts are separate and distinct from any administrative civil penalties that may be imposed by the County for other code violations, including building or safety code violations as described in in Section 12.05.010, governing Administrative Enforcement contained in this Code.

4.

Abatement of unlawful cannabis cultivation prior to any hearing or appeal of a Notice to Abate Unlawful Cannabis Cultivation does not absolve the Violator of the obligation to pay the administrative civil penalties.

Q.

Summary Abatement. Notwithstanding any other provision of this Section, when any unlawful cannabis cultivation constitutes an immediate threat to the public health or safety, and where the procedures set forth in this Section would not result in abatement of that nuisance within a short enough time period to avoid that threat, the enforcing officer may direct any officer or employee of the County to summarily abate the nuisance as permitted by law. The enforcing officer shall make reasonable efforts to notify the owner(s) of the parcel or premises upon which the nuisance exists, as named in the records of the County Assessor; the occupant(s), if other than the owner(s), and if known or reasonably identifiable; and the holder(s) of any permit obtained pursuant to this Section, if applicable and different than the foregoing; however, the formal notice and hearing procedures set forth in this Section shall not apply. The County may nevertheless recover its costs for abating that nuisance in the manner set forth in this Section or Section governing Administrative Enforcement, Section 12.05.010 contained in this Code.

R.

No Duty to Enforce. Nothing in this Section shall be construed as imposing on the enforcing officer or the County of Nevada any duty to issue a Notice to Abate Unlawful Cannabis Cultivation, nor to abate any unlawful cannabis cultivation, nor to take any other action with regard to any unlawful cannabis cultivation, and neither the enforcing officer nor the County shall be held liable for failure to issue a Notice to Abate any unlawful cannabis cultivation, nor for failure to abate any unlawful cannabis cultivation, nor for failure to take any other action with regard to any unlawful cannabis cultivation.

S.

Reporting of Violations. In addition to the remedies set forth in this Section or Section 12.05.010 governing Administrative Enforcement contained in this Code, a violation of this Section, including operating any Commercial Cannabis Activity without a valid and appropriate license from the State of California or permit from the County of Nevada, shall be a misdemeanor and may result in permit revocation and/or denial of permit or denial of permit renewal. Any individual or entity found to be operating Commercial Cannabis Activities in violation of this Section, local permitting requirements, or without a valid and appropriate State license may be reported to the State of California licensing authorities, the District Attorney's Office, and any other local, State and/or Federal enforcing and prosecuting agencies.

(Ord. 2516. (01/10/2023); Ord. 2510. (06/28/2022); Ord. 2491. (04/27/2021); Ord. 2516. (06/28/2022); Ord. 2533. (12/05/2023))