The purpose of this Section is to provide regulations to guide the design, location, and development of new land uses and the alteration of existing uses. The standards of this section are consistent with and supplement those standards found in governing each zone district and specific land uses. They assist in furthering numerous County of Nevada General Plan goals, objectives, and policies that provide for the preservation and enhancement of the County of Nevada's rural quality and small-town character. They also assist in furthering General Plan provisions for maintaining the county's high-quality natural landscape and scenic resources, as well as protecting existing historic resources.

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

Site development standards shall apply to all projects, including Development Permits, Use Permits, subdivisions, and allowable uses subject to zoning compliance and building permit issuance, if required, unless otherwise stated in the subsection.

A.

Purpose. The purpose of this Section is to establish an administrative procedure and standards for reviewing boundary line adjustments, consistent with the State Government Code and County of Nevada ordinances.

B.

Definitions.

1.

Boundary Line Adjustment means the adjustment of property lines between four (4) or fewer adjoining parcels where land taken from one (1) parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created. A boundary line adjustment may also combine two (2) or more adjacent parcels.

C.

Application Requirements. Applications for boundary line adjustment review shall be submitted to the Planning Department on forms provided by the Department. The application shall be accompanied by a filing fee as established by the most current resolution adopted by the Board of Supervisors and shall include the following information:

1.

An exhibit map prepared and stamped by a licensed land surveyor or civil engineer licensed to practice land surveying. The exhibit shall be drawn to scale showing all boundaries of affected properties.

2.

Current deeds describing all parcels.

3.

For parcels not created by subdivision or parcel map, a copy of a deed recorded prior to March 4, 1972 that describes and conveys the parcels. If the parcels are presumed to be legally created, submit a Chain of Title issued by a title company and all other supporting documentation. If the County surveyor determines that insufficient evidence has been provided to document legally existing parcels, a Certificate of Compliance may be required.

4.

A document prepared by a title company showing existing encumbrances, if any.

Upon receipt of a complete application, the Planning Director will distribute application documents to interested agencies for review and comment. Within thirty (30) days of accepting a complete application, the Planning Director shall determine if the proposed boundary line adjustment complies with all applicable State laws and County ordinances. The Director may refer review of a proposed Boundary Line Adjustment to the Zoning Administrator pursuant to Section 12.05.050.E.4 of this Chapter or shall approve, conditionally approve or deny the application.

D.

Procedure. Upon receipt of a complete application, the Planning Director will distribute application documents to interested agencies for review and comment.

1.

Within thirty (30) days of accepting a complete application, the Planning Director shall determine if the proposed boundary line adjustment complies with all applicable State laws and County ordinances. The Director may refer review of a proposed boundary line adjustment to the Zoning Administrator pursuant to Section 12.05.050.E.4 of this Chapter or shall approve, conditionally approve, or deny the application.

E.

Standards for Approval. In approving a boundary line adjustment, the Director shall determine that all of the following standards have been met:

1.

Boundary line adjustments shall not result in conflicts with site development standards nor with any previous land division or land use approvals that require a minimum parcel size or density, including parcels that are smaller than the minimum parcels size but were created as a result of density averaging or clustering unless excepted herein.

a.

Legally created parcels that do not meet minimum road frontage requirements required by the zone district may be eligible for a boundary adjustment where legal access is provided such that the minimum standards set forth in Fire Safety Regulations and Road Standards of this Code can be achieved. No parcel may be adjusted if the boundary line adjustment reduces existing road frontage beyond minimum road frontage requirements identified by the zone district.

2.

A boundary line adjustment cannot result in additional parcels or additional density nor can it result in the potential for further division of parcels.

3.

No parcel may be adjusted if the resulting parcel will be reduced in size and will not meet the minimum Environmental Health standards contained in Sewage Disposal or Water Supply and Resources Chapters of this Code.

4.

All adjusted parcels shall conform to the minimum parcel sizes required by the zone district, except that:

a.

Adjustments to parcels that conform to minimum parcel sizes, that are proposed in order to re-align a property line with a well-defined physical feature, such as a water course or recorded roadway, may be approved if the resulting nonconforming size parcel complies with all other size development standards, including the minimum parcel sizes established by Policy 3.19 of the Nevada County General Plan.

b.

Adjustments to parcels that are nonconforming in size, and which do not meet the minimum parcel size established by Policy 3.19 of the General Plan, may be further reduced if the purpose of the adjustment is to re-align a property line with a well-defined physical feature, such as a water course or recorded roadway, or with a zoning district boundary, and if the parcel being reduced in size is developed with an allowable use and satisfies all applicable Environmental Health Standards for sewage disposal and water supply.

c.

Parcels that are nonconforming in size may be further reduced in size if the resulting parcels conform with all required site development standards, including the following minimum parcel sizes established by Policy 3.19 of the Nevada County General Plan:

1)

Parcels served by public domestic water and a public sewage system shall maintain a minimum ten thousand (10,000) square feet except for low/moderate income housing where the parcel size may be reduced;

2)

Parcels served by public domestic treated water and an individual sewage disposal system shall maintain one and one-half (1.5) acres;

3)

Parcels served by a groundwater well and public sewerage system shall maintain one and one-half (1.5) acres; and

4)

Parcels served by a groundwater well and an individual sewage disposal system shall maintain three (3) acres.

The minimum parcel sizes established by Policy 3.19 may be increased where other considerations, including adverse soil, geologic or topographic conditions may warrant larger parcel sizes.

F.

Conditions of Approval. Approval of a boundary line adjustment shall be conditioned as necessary to ensure compliance with the Nevada County General Plan, and all zoning and building regulations, to require prepayment of property taxes, and to facilitate the relocation of existing utilities, infrastructure or easements.

G.

Expiration. An approved or conditionally approved boundary line adjustment shall be subject to the same time limits and extension provisions as provided for in Cal. Gov't Code § 66452.6 of the Subdivision Map Act.

H.

Recording Boundary Line Adjustments. Boundary line adjustment approvals are not effective until recorded in the Office of the County Recorder. Upon recordation of a boundary line adjustment all pre-existing lot lines are deemed erased by the newly recorded adjustment. Documents used to record boundary line adjustments shall be submitted to the County Surveyor for review and recordation and shall include the transfer deeds that reflect the new property descriptions, executed by all affected owners of record. Any existing deeds of trust shall be revised to reflect the new property descriptions and shall be approved by the beneficiaries of said deeds of trust. Boundary line adjustments shall be reflected in recorded documents in one (1) of the following ways:

1.

Where required by Cal. Bus. & Prof. Code § 8762, a record of survey shall be submitted to the Department of Planning for recordation.

2.

If a record of survey is not prepared for the boundary line adjustment, the document used to convey the property shall be submitted to the County Surveyor and shall be accompanied by a sketch map depicting the adjusted boundaries. The sketch map shall be signed and sealed by a licensed land surveyor or civil engineer, shall include the County file number approving the adjustment and shall include a statement that a record of survey is not required in conformance with Cal. Bus. & Prof. Code § 8762.

(Ord. 2090. (07/09/2002); Ord. 2239. (05/29/2007); Ord. 2529. (09/12/2023); Ord. 2533. (12/05/2023))

A.

Purpose. The purpose of this Section is to provide standards by which parcels may be subdivided and developed.

B.

Definitions.

Building Site means an area within a parcel where structures may be constructed consistent with the standards of this Code.

C.

Substandard Parcels. A parcel that has been legally created but contains less area than is required by the applicable district, shall be considered to include a building site provided all other current site development standards are met.

D.

Divisions to Separate Pre-Existing Residences. Parcels containing more than one (1) legally constructed residence may be divided into substandard parcels, provided that no new building sites are created and that:

1.

The residences were not established as guest quarters, senior citizen residences, employee housing or other secondary accessory residences or structures.

2.

Each newly created parcel contains at least one (1) of the lawfully established residences.

3.

Each new parcel shall have a minimum frontage and lot width of fifty (50') feet and shall comply with all side yard setback and impervious surface standards; provided however that if the separation between residences and accessory structures is such that the side yard setbacks required in the zoning district cannot be met, then the common parcel line shall be located an equal distance from the primary structures.

4.

Each new parcel shall meet the current requirements for sewage disposal and water supply as established in this Code; provided however, that if sewage disposal is provided by a private sewage disposal system, then the total area required for the disposal system and repair area shall be calculated based upon the size of the residential structures as they exist.

E.

Compliance with Notes on Recorded Maps. No use of property shall be allowed, nor shall any subdivisions to property be allowed, which would conflict with any note attached to any map or record of survey which was recorded in the official records in order to create a division of real property into two (2) or more parcels, except that notes on recorded maps which require water storage for fire protection purposes prior to residential construction, may be modified by the fire agency that established the condition of approval if the agency verifies in writing that the original condition is no longer applicable because substitute measures of fire protection are in place.

F.

Utilization of Easements. It shall be unlawful to place any structure, as herein defined, on or over any easement unless specifically allowed by the terms of such easement.

G.

Sewage Disposal Adjustment. Upon recommendation of the county Environmental Health Department, the Planning Agency may require a greater building site area where necessary for sewage disposal by septic tanks and leach lines.

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

Parcels smaller than the minimum allowed by zoning may be created by subdivision by averaging the density allowed for the entire subdivision, provided that:

1.

The overall density of the parcels being created, and contributing to the density, does not exceed that density which would otherwise be allowed by the zoning district.

2.

All parcels contributing to the density shall be precluded from exceeding the density allowed by the zoning district through a restrictive covenant, easement, dedication, irrevocable trust, use of the X or SP combining districts, or other similar mechanism.

3.

All standards, including water supply, wastewater disposal and access, are met.

A.

The minimum parcel size required by any zoning district shall not apply to parcels created for the following purposes:

1.

For a governmental entity or public or private owned utility who occupies the newly created parcel.

2.

For environmental protection purposes, provided that one (1) of the following is applicable:

a.

The parcel being created is restricted by a grant of conservation easement containing a covenant with the County of Nevada, a city or a nonprofit organization, running with the land in perpetuity, that ensures the preservation of permanent open space by restricting construction of improvements, or, the parcel being created is only conveyed in fee to a governmental or non-profit organization for open space or conservation purposes;

b.

That the parcel being created satisfies the requirements for an environmental subdivision, consistent with the provisions of Cal. Gov't Code § 66418.2.

The remainder parcels from which such public use or environmental protection purpose parcels are created pursuant to this Subsection, shall comply with the minimum parcel sizes.

Any parcel created pursuant to this Subsection may not be used for any purpose other than that for which it was created; provided, however, that if any such parcel is legally merged with any contiguous parcel, such parcel/property may thereafter be used for any lawful purpose allowed under the zoning then in effect for the property to which it was merged. The document used to record the division shall contain a note advising that the use is so restricted.

A.

Purpose. The purpose of these regulations is to ensure that future development minimizes unnecessary and annoying noise, by establishing maximum noise levels and standards for evaluating potential noise impacts.

B.

Applicability. Noise standards shall apply to all discretionary projects, including Development Permits and Use Permits, unless otherwise excepted in this Section.

C.

Definitions.

1.

dBA means the "A-weighted" scale for measuring sound in decibels (a unit used to express the relative intensity of a sound as it is heard by the human ear). This logarithmic scale reduces the effects of low and high frequencies in order to simulate human hearing.

2.

Leq means the energy equivalent level, defined as the average sound level on the basis of sound energy (or sound pressure squared). It is the level of constant sound which, in a given situation and time period, has the same sound energy as does a time varying sound.

3.

Lmax means the maximum sound pressure level for a given period of time.

D.

Noise Standards. All land use projects requiring a Development Permit, or a Use Permit shall comply with the noise standards provided herein. Permitted residential land uses, including parcel and tentative maps, are not subject to these standards.

Table Section 12.04.070
Exterior Noise Limits

1.

A comprehensive noise study shall be prepared for all projects requiring a Development Permit or a Use Permit and which have a potential to create noise levels inconsistent with the standards contained herein. The study shall be prepared in accordance with the methodology identified in the Noise Element Manual contained in General Plan.

2.

Projects with the potential for generating noise impacts shall incorporate design controls that assist in minimizing the impacts through the use of increased setbacks, landscaped earthen berms, solid fencing, placement of structures or other effective means.

3.

Compliance with the above standards shall be determined by measuring the noise level based on the mean average of not less than three (3) 20-minute measurements for any given time period. Additional noise measurements may be necessary to ensure that the ambient noise level is adequately determined. All measurements shall be conducted by a qualified person experienced in the field of environmental noise assessment and architectural acoustics.

4.

Where two (2) different zoning districts abut, the standard applicable to the lower, or more restrictive, district plus five (5) dBA shall apply.

5.

The above standards shall be measured only on property containing a noise sensitive land use, including residences, schools, hospitals, nursing homes, churches, and libraries, and may be measured anywhere on the property containing said land use. However, this measurement standard may be amended to provide for measurement at the boundary of a recorded noise easement or as determined in a recorded letter of agreement between all affected property owners and approved by the county.

6.

If the measured ambient level exceeds that permitted, then the allowable noise exposure standard shall be set at five (5) dBA above the ambient.

7.

Because of the unique nature of sound, the county reserves the right to provide for a more restrictive standard than shown in the Exterior Noise Limits Table. The maximum adjustment shall be limited to be not less than the current ambient noise level and shall not exceed the standards of this Section. Imposition of a noise level adjustment shall only be considered if one (1) or more of the following conditions are found to exist:

a.

Unique characteristics of the noise source:

1)

The noise contains a very high or low frequency, is of a pure tone (a steady, audible tone such as a whine, screech, or hum), or contains a wide divergence in frequency spectra between the noise source and ambient level;

2)

The noise is impulsive in nature (such as hammering, riveting, or explosions), or contains music or speech;

3)

The noise source is of a long duration, defined as a cumulative period of more than thirty (30) minutes in any hour.

b.

Unique characteristics of the noise receptor when the ambient noise level is determined to be five (5) dBA or more below the standard of the Exterior Noise Limits Table for those projects requiring a General Plan amendment, rezoning, and/or Use Permit. In such instances, the new standard shall not exceed ten (10) dBA above the ambient or the Exterior Noise Limits Table standard, whichever is more restrictive.

8.

The above standards shall not apply to those activities associated with the actual construction of a project or to those projects associated with the provision of emergency services or functions.

9.

The standards of this Section shall be enforced through compliance inspections and/or complaints.

10.

A legal nonconforming use inconsistent with the noise standards of this Section shall be required to comply with said standards in the event it upgrades, enlarges, intensifies, extends, moves, or recommences after abandonment or discontinuance of a period of one hundred eighty (180) days or more. In the event such a use is changed or modified through the permit process, the noise standards in this Section shall be applied only to that portion of the land use requiring approval, provided, however, that in no event shall the noise cumulatively generated from the entire use on the site after the change or modification exceed the pre-permit ambient noise level. All such projects that have a potential to create noise levels inconsistent with the standards in this Section will require a noise study consistent with this Section.

A.

Purpose. To encourage the development of pedestrian walkways to, between, and within developments.

B.

Standards.

1.

All projects in Community Regions shall be designed to provide pedestrian paths, trails, sidewalks or other hard-surfacing that links the proposed site with adjacent properties.

2.

Discretionary projects in Rural Regions shall be evaluated, and where topography, sensitive resources or other site constraints do not preclude construction of pedestrian pathways, projects shall be designed to provide a link to adjacent properties.

3.

All projects shall provide interior linkages between uses, including distinct pedestrian access from parking areas.

4.

If a County-wide Pedestrian Master Plan has been adopted, the project shall be consistent with the goals and applicable policies of that Plan.

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

A.

Purpose. To consider methods for reducing dependence on the automobile by exploring alternative modes of transportation in all projects.

B.

Standards. All land use applications requiring a development permit, or a Use Permit shall address alternative transportation opportunities for employees, residents and/or customers served by the project, as follows:

1.

Applications for non-residential Administrative Development Permits and all discretionary permits shall provide the following information:

a.

An identification of the transportation needs generated by the proposed project, including the estimated number of employees or residents.

b.

An identification of existing and potential alternatives to individual automobile use, including but not limited to, access to public transportation services, bicycle racks, or provisions for developer sponsored carpooling or bussing.

c.

The developer's proposal to incorporate one (1) or more measures into the project to ensure use of viable alternatives.

2.

Projects employing fifty (50) or more persons shall submit a detailed analysis of transportation alternatives, documenting feasible measures for reducing auto dependence.

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

Community design standards are intended as a framework to assist in understanding the County of Nevada's goals and objectives for high quality development. They provide design interpretations for commercial, industrial and residential development.

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

Design standards shall apply to all projects, including Development Permits, Use Permits, subdivisions, and allowable uses subject to zoning compliance and building permit issuance, if required, unless otherwise provided for in this Chapter.

Unless otherwise provided for in this Section, exceptions to site development standards may be approved subject to the granting of a variance pursuant to Section 12.05.070 in this Chapter.

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

Design Guidelines supplement and refine the Comprehensive Design Standards of this Chapter; they implement General Plan Policies; they are intended to encourage the maintenance of community identity, and the preservation of historical and cultural sites, buildings, features and artifacts; they provide guidance to developers and decision makers to ensure consistent review of the design related components of development in a specific area.

Any design guidelines that have been adopted by resolution as design guidelines, including adoption of County-wide design guidelines, area or community plans, or by ordinance through adoption of a specific plan, shall be applicable to all projects that are subject to design review. Approval of such projects shall include a determination that the project is consistent with any adopted guidelines applicable to the project site. The following area-specific guidelines have been adopted:

1.

The Eastern Nevada County Design Guidelines adopted on April 28, 1992, by Resolution 92-236, and as may be amended, which shall be considered in the review of all applicable development projects in Eastern Nevada County located east of the Range 13/14 East boundary line, Mount Diablo Meridian, including applicable projects within the SC Scenic Corridor Combining District. These guidelines shall not be applicable within the HP Historic Preservation, Combining District if specific Historic District Guidelines have been adopted.

2.

The Higgins Area Plan, adopted on October 24, 2000, and as may be amended, which shall be considered in the review of all applicable development projects within the boundaries of the Higgins Corner-Lake of the Pines Village Center, as mapped on the Nevada County General Plan.

3.

The Penn Valley Area Plan, as may be amended, shall be considered in the review of all applicable development projects within the Area Plan boundaries.

4.

The Loma Rica Drive Industrial Area Plan, adopted on May 27, 2008, which shall be considered in the review of all applicable development projects within the Loma Rica Drive industrial area, identified by the "SP" zoning adopted by County of Nevada Ordinance No. 2266. The adopted Area Plan Design Guidelines identify applicable Western Nevada County Design Guidelines as well as additional area-specific design guidelines that are applicable for both new and reuse development projects.

5.

The North San Juan Rural Center Area Plan, adopted on April 27, 2010, and as may be amended, which shall be considered in the review of all applicable development projects within the boundaries of the North San Juan Rural Center, as mapped on the Nevada County General Plan.

6.

The Soda Springs Area Plan, adopted on October 25, 2016, and as may be amended, which shall be considered in the review of all applicable development projects within the boundaries of the Soda Springs Rural Center, as mapped on the Nevada County General Plan.

(Ord. 2040. (12/05/2000); Ord. 2481. (08/25/2020); Ord. 2423. (10/25/2016); Ord. 2311. (04/27/2010); Ord. 2520. (03/14/2023); Ord. 2533. (12/05/2023))

A.

Purpose. To assure the height and scale of new development is compatible with that of surrounding development, and that it minimizes the obstruction of both the public view of surrounding natural features and of views from nearby structures.

B.

Measurement. The height limit for buildings shall be measured as the vertical distance from the highest point of the structure to the average of the highest and lowest points where the exterior walls touch the natural grade.

C.

Maximum Heights. Maximum heights shall be as found in the base districts of Zoning Ordinances, 12.02.

D.

Exceptions to Height Limits. Architectural features not intended for human occupancy, such as spires, chimneys, vents, skylights, or solar equipment, and non-habitable structures such as private water tanks, antennas, windmills, and other alternative energy structures, may exceed the allowable building height by no more than twenty percent (20%). Height increases of more than twenty percent (20%) shall be subject to a use permit.

A.

Purpose. Building setbacks are intended to provide open areas around structures for visibility and traffic safety, access to and around structures for safety and convenience purposes, access to natural light, ventilation and direct sunlight, separation of incompatible land uses, space for privacy and landscaping, protection of natural resources, and defensible space against encroaching wildland fire.

B.

Definitions.

1.

Setback means the distance by which a structure or an addition to a structure must be separated from a parcel line, natural feature, other structure, road, right-of-way, or easement.

2.

Yard means an unoccupied space on a parcel on which a structure is situated, or for which a structure is intended, which is open from the ground upward, except as otherwise provided in this Chapter.

3.

Yard, Front means a yard measured from the edge of the easement or right-of-way across the front of the parcel between side parcel lines and to a width required by the district in which said parcel is located.

4.

Yard, Exterior Side means a yard along the edge of a side street, right-of-way or easement to a width required by the district in which said parcel is located.

5.

Yard, Interior Side means a yard along the interior side parcel line of the parcel to a width required by the district in which said parcel is located.

6.

Yard, Rear means a yard extending along the rear parcel line of the parcel, or edge of easement or right-of-way on a through parcel, and to a width required by the district in which said parcel is located.

C.

Standard. Unless otherwise delineated on the zoning district map or otherwise provided in this Chapter, the space within a required setback as established for the base districts in Zoning Ordinances, 12.02, shall be unoccupied space open from the ground upward and no structure or addition to an existing structure of any kind shall be permitted within a required setback.

D.

Natural Resources. Additional setbacks are required for selected natural resources as provided in the Chapter governing Resource Standards in this Section.

E.

Determining the Front Yard.

1.

Interior Parcels. The front yard shall be on the side containing the road right-of-way or easement.

2.

Corner Parcels. The front yard shall be the shorter line abutting the road (except in commercial and industrial districts, in which case the longer line abutting the road shall be considered the front parcel line).

3.

Flagpole Parcels. The front yard shall be the parcel line nearest and perpendicular to the driveway or flagpole portion.

4.

Through Parcels. Shall maintain front yard setbacks on both the front and rear parcel lines.

F.

Measurement.

1.

Front and Exterior Side. Setbacks from local and fire standard (or emergency) access roads shall be measured from the edge of the right-of-way, or from the centerline of the right-of-way, whichever setback standard is greater, to any portion of the structure.

Setbacks from arterial and collector roads shall be measured from the edge of the existing right-of-way, or ultimate right-of-way as provided in Code Sections governing Road Standards, Title 16, Table 2 or as determined by resolution of the Board of Supervisors, whichever setback standard is greater, to any portion of the structure.

2.

Interior Side and Rear. Setbacks shall be measured from the side or rear property line to any portion of the structure.

G.

Exceptions to Building Setbacks. Building setbacks must be maximized wherever possible, however, exceptions to setback standards are as follows:

1.

Parcels that are less than three (3) acres in size. Such parcels may reduce setbacks as follows:

R1, R2, and R3 districts shall provide a five (5')-foot interior side yard setback and a twenty (20')-foot rear yard setback; RA, AG, AE, & FR districts shall provide a ten (10')-foot interior side yard setback and a twenty (20')-foot rear yard setback; provided all of the following are satisfied:

a.

The site is served by a community or public water supply pursuant to Code Sections governing Sewage Disposal and Resource Standards, Title 15, or, if approved by the California Department of Forestry, & Fire Protection, two thousand five hundred (2,500) gallons of storage available at five hundred (500) gallons per minute.

b.

The underfloor (subdeck) space of structures, including decks, of combustible construction shall be) feet from grade.

c.

One (1) of the following features is incorporated into that portion the structure proposed within that area between the standard setback and the reduced setback:

1)

The undersides of projections beyond the exterior wall including eaves, cantilever balconies and similar overhangs, shall be enclosed with solid sheathing or equivalent material. The undersides of attached decks eight (8') feet or taller must similarly be enclosed.

Venting of covered areas shall be allowed consistent with the Uniform Building Code.

2)

The sum of the area of unprotected openings in the exterior wall(s) shall not exceed twenty-five percent (25%) of the total area of the exterior wall(s).

3)

Non-combustible materials or materials approved for one-hour fire-resistive construction shall be installed on the exterior side of the wall. The location of the wall shall be approved by the County Fire Marshal or their appointed designee.

4)

If the proposed construction is located on the uphill side of a slope in excess of twenty percent (20%), a four (4')-foot high, non-combustible wall may be constructed along the length of the exposed side of the structure.

5)

If a setback easement is recorded on the adjacent parcel, providing the required sixty (60') feet of defensible space between structures, which allows for modification and maintenance of vegetative fuels.

2.

Architectural Features/Aboveground Utilities. Such features, including but not limited to cornices, eaves, roof overhangs, canopies, decks and unenclosed porches not more than eighteen (18") inches in height, bay windows, steps, stairways, fire escapes, landing places, fireplaces, propane tanks and heating or air conditioning units, may extend into front and rear yard setbacks by not more than five (5') feet.

3.

Site Design Features. The following features are exempt from the setback requirements of this Section:

a.

Fences or walls that meet the height limits established in Community Design Standards of this Chapter.

b.

Retaining walls less than four (4') feet in height above the finished grade.

c.

Signs consistent with community Design Standards. Underground utilities and septic tanks/leachlines.

4.

Open-Air Structures Abutting Water. Notwithstanding any other provision of Zoning and Floodplain Management contained in this Code, the following water-use related structures that do not include walls or roofs, may be constructed without complying with the rear and side property line setback requirements as established in this Code for any parcel of real property that abuts a lake, watercourse, or floodplain:

a.

Docks and Piers.

b.

Boat Hoists and Canopies.

c.

Private boat launch facilities.

d.

Directional hazard or warning, marina and gasoline signs. See Floodplain-Related Setback Requirements, 12.04.320.

5.

Clustered Parcel Development, Dwelling Groups, and Planned Developments. Clustered parcels, dwelling groups, and planned developments (within both the base and combining districts) are exempt from the setback standards, provided that:

a.

The modified setback standards are a part of a conditional use permit and/or subdivision map.

b.

Findings for approval ensure consistency with and furthers the purpose of all resource standards contained herein.

c.

The modified standard is recorded as a part of the subdivision map, deed restriction, or other enforceable restriction.

6.

Dwellings in Commercial/Industrial. Dwellings proposed in any commercial or industrial district shall provide setbacks as required in the R3 Districts, except when located within a commercial or industrial structure.

7.

Swimming Pools. Shall maintain a minimum setback of ten (10') feet from any side or rear property line and shall not be permitted within any required front yard setback. Fencing standards for swimming pools are contained in this Code.

8.

Ground-Mounted Solar Arrays. Ground-mounted solar arrays shall maintain a minimum setback of ten (10') feet from any property line.

9.

Properties East of the 10E Range Line. Attached or detached garages and/or carports may be constructed within one (1) foot of the front property line if twenty (20') feet is maintained from the edge of pavement or traveled way if unpaved.

10.

Setback Easements. In order to provide required side and rear building setbacks on properties that cannot otherwise provide those setbacks, a building setback easement may be recorded and recognized on adjacent properties, pursuant to the following standards:

a.

Applications for setback easements shall include the written consent of the grantor and grantee property owners.

b.

Applications shall include a site plan exhibit for all affected properties, pursuant to this Chapter, including a clear delineation of the proposed easement, reflecting the required setbacks for both grantor and grantee properties.

c.

Applications for setback easements shall provide clear justification for the need of the easement, providing supporting documentation that other alternatives, including a variance, are not feasible.

d.

Setback Easements shall be recognized only after review and approval by the Planning Director who shall make findings that the recording of such easement will not jeopardize the integrity of the neighborhood nor will it conflict with any recorded conditions, covenant and restrictions for all properties.

e.

A deed restriction shall be recorded concurrently with said easement in the Nevada County Recorder's Office, noting the purpose and intent of the setback easement and noting that building setbacks shall be measured from the setback easement.

f.

Reconveyance or other abandonment of a setback easement without the express approval of the County of Nevada shall constitute grounds for revocation of any permit issued pursuant to this Section.

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

A.

Purpose. The purpose of these regulations is to protect the visual quality and to minimize sight distance impairment on roadways by establishing height limits for fencing and hedges located within yard setbacks.

B.

Definitions.

1.

Fencing means a barrier constructed of wood, metal, wire, fabric, boards, or other materials and which is intended to demarcate a boundary, separate land uses, secure animals, enclose property, and/or exclude people and animals from a designated area. Solid fencing is fencing that impairs through vision and conflicts with vehicle sight distance. Walls constructed of concrete, stone, brick, tile, or similar type of solid material are included in the definition of fencing.

2.

Hedges means compact evergreen plants forming a solid screen that impairs sight distance.

C.

Height Measurement. Fencing shall be measured from the base at finished grade to the highest point. Hedges shall be measured from their base at finished grade to their highest point.

Table Section 12.04.150.D
Height Limits within Setback Area

⁽¹⁾  Rear yard setbacks for through parcels where the rear yard is adjacent to a street shall meet the front yard setback standards.

⁽²⁾  Open fence type refers to an open board, split rail, wire, chain link, and similar type of fencing that does not impair through vision or conflict with vehicle sight distance.

⁽³⁾  Open fencing within the RA district shall meet Rural District standards for side and rear yard setbacks.

Where solid and open fence materials are combined, the most restrictive standard shall apply.

D.

Height Exceptions. Table standards may be exceeded as follows:

1.

If submitted as part of the review of a discretionary land use permit, the Planning Agency may allow an increased height for project that requires a higher fence, hedge, or wall for security, visual, or noise attenuation purposes.

2.

Subject to the granting of a Use Permit, fencing may exceed the height maximums established by this Chapter if findings can be made that such an exception is needed for protection of the public health and safety or to shield unsightly areas or uses.

E.

UBC Compliance. Solid fence and wall construction are subject to the requirements of the Uniform Building Code.

A.

Purpose. Landscaping is of considerable importance to both existing and proposed development in the County of Nevada, contributing to the overall quality and character of our communities, especially when native vegetation is used or retained. Properly designed and maintained, landscaping provides visual interest and variety, complements structures, provides a transitional area between competing land uses, and aids in reducing air pollution, heat and glare. This Section encourages flexibility to achieve the purpose of the Site Development Standards. It also ensures the efficient use of water used for landscaping by establishing standards for the design, installation and management of landscapes that avoid excessive water demand.

B.

Applicability. Landscaping standards shall apply to Development Permits, Use Permits, and subdivisions, unless otherwise excepted in this Section.

C.

Definitions.

1.

Landscaping means the use of suitable vegetation in conformity with the requirements of this Chapter and the continued maintenance thereof.

D.

Native Vegetation Retention. The County of Nevada strongly encourages the retention of on-site native vegetation where it does not pose a fire hazard. Where native oaks are retained, plant materials within the dripline of the oaks shall be drought-tolerant to minimize the application of water at the base of oaks. Existing, on-site native vegetation may serve as alternative landscaping to that landscaping required below where the Planning Agency finds that the existing vegetation has the same practical effect and furthers the intent of this Section.

E.

Standards.

1.

Plans. A Landscape Plan shall be submitted for each applicable project and all discretionary projects shall require said plans be prepared by a licensed Landscape Contractor, Landscape Architect, Landscape Designer or Horticulturist.

a.

Preliminary Plans. Preliminary plans, drawn to scale, shall be submitted at the time of project application and shall include the following:

1)

The location of planting areas, consistent with the requirements of this Section;

2)

The size, number and type of plants existing and proposed, including the location of shade trees, required to provide forty percent (40%) parking lot coverage within fifteen (15) years, as required by this Section;

3)

The type(s) of irrigation to be used;

4)

The amount of area devoted to turf, drought-tolerant plants, and native plants;

5)

Planting symbols shall be clearly drawn and plants labeled by botanical name, common names, container size, spacing and quantities of plants indicated.

b.

Final Plans. Final plans shall be approved by the Planning Department prior to the start of any on-site construction or soil disturbance and prior to the issuance of a building permit. Final plans shall include:

1)

All details depicted on the Preliminary Plans and any modifications or additions included by conditions of approval;

2)

The location of all required plant materials, evenly dispersed within each required planting area (interior parking lot landscaping, street buffer yards, and residential buffer yards);

3)

Provide a legend listing the type, number and size of plant materials, indicating both the required number and the provided number, of each plant type. List plants for each required landscaped area. Include a listing of water usage type, or hydrozone, for each plant type. List plant materials in groupings of trees, shrubs and ground cover plants. Show both common names and botanical names of plants;

4)

Irrigation plan;

5)

Evidence that a licensed landscape contractor will be responsible for plant and irrigation installation;

6)

If existing landscaping, including native vegetation, is to be retained, a note shall be provided on the plan stating that "any existing landscaping or native vegetation shown on the approved plan for retention, that is damaged or removed during construction, shall be repaired or replaced in kind with equivalent size;"

7)

A note on the Plan, certified by a Licensed Landscape Architect, Landscape Designer or Horticulturist, that trees are located on the Plan so as to cover forty percent (40%) of the parking area with tree canopies within fifteen (15) years, consistent with this Section;

8)

Assurance that the property owner will be responsible for the replacement of landscaping that does not survive or that deteriorates due to neglect.

2.

Required Landscaping. Landscaping shall be installed along street frontages, within parking lot interiors, along property lines of commercial or industrial sites abutting residential properties, and between multi-family parking areas containing six (6) or more parking stalls, and properties zoned for single-family residential use. Modifications may be approved by the Planning Agency, where a finding can be made that alternatives to the project design, or site constraints, will result in the same overall effect. Site constraints may include sensitive resources, historic features, or parcel size. Project design features that may warrant a modification include: A plan that provides parking at the rear of the building, additional landscaping against the base of the building, increased landscaping in other areas of the site where it will provide a more effective buffer, or any other treatment that enhances the visual environment of the site. In no case shall landmark or heritage trees be removed in order to provide alternatives to the requirements of this Section.

a.

All required trees shall be a minimum 15-gallon container size, with the trunk diameter no less than one and one-half (1.5") inches for canopy trees, and one (1) to one and one-half (1.5") inches for understory trees. Shrubs shall be a minimum five-gallon container size, and live groundcover plants shall cover bare ground.

b.

Varied tree and plant materials shall be used throughout the parking lot. No one (1) species shall comprise more than seventy-five percent (75%) of the plantings within each of the following categories: Canopy tree, understory tree and shrubs. Native vegetation shall be included in all required plantings unless confirmed by a licensed Landscape Architect that a native species will not satisfy a specific requirement.

c.

Planting areas within paved parking lots shall be separated from vehicular areas and street right-of-way by a permanently installed concrete or wooden perimeter curb at least six (6") inches high.

d.

Where required, earthen berms shall be a minimum three (3') feet in height.

e.

Street Buffer Landscaping. A landscaped strip shall be provided along all street frontages, as follows:

1)

A minimum fifteen (15')-foot buffer yard shall be established adjacent to State highways.

2)

A minimum ten (10')-foot buffer yard shall be established adjacent to all roads within community boundaries as mapped on the General Plan land use maps.

3)

A minimum five (5')-foot buffer yard shall be established adjacent to all roads within Rural Regions as mapped on the General Plan land use maps.

Shrub heights in street buffer yards shall not impair sight distance for each five (5') feet of buffer yard width, each one hundred (100) lineal feet of street frontage shall include at least five (5) trees and five (5) shrubs. Trees shall include a mix of conifers, understory and canopy trees.

f.

Residential Buffers. Nonresidential development and associated parking that abuts residentially-zoned property shall provide for sufficient landscaping, fencing, walls, berms, or any combination of screening techniques to ensure visual screening of said development to the maximum extent possible. Where fencing is used, a minimum five (5')-foot wide landscaped area shall be located on the residential side. If the non-commercial side of the fence is visible from any street or adjacent property, a five (5')-foot wide landscaped area shall be provided adjacent to the fence. If adjacent to parking, that area may be counted towards required interior parking lot requirements. Trees shall include a mix of conifers, understory and canopy trees.

g.

Interior Parking Lot Landscaping. Shall be evenly dispersed throughout the parking lot at a ratio of forty-five (45) square feet of landscaped area for each provided parking stall. Each four hundred fifty (450) square foot unit of landscaping for every ten (10) parking stalls shall include at least four (4) trees and five (5) shrubs. Landscaped islands shall be designed and installed to separate at least every ten (10) linear parking spaces. Planter islands shall be surrounded by six (6")-inch wide curbing that is rounded at island ends. Parking lot landscaping shall include shade trees placed so as to cover forty percent (40%) of the total parking area with tree canopies within fifteen (15) years of securing a building permit. Issuance of a certificate of occupancy for the use requiring landscaping improvements.

Tree coverage shall be determined by the approximate crown diameter of each tree at fifteen (15) years, as estimated on the approved tree list. The percentage of area required to be shaded shall be based on the number of uncovered, above ground parking spaces provided.

This Subsection shall not apply to expansions of nonconforming structures that otherwise satisfy all requirements for expansion, provided the proposed expansion does not exceed twenty percent (20%) of the gross floor area at the time of the expansion and is consistent with chapter.

h.

Maintenance. All landscaping and irrigation shall be maintained by the developer and any subsequent owners of such real property. Landscaped areas shall be kept free of weeds, litter and debris. All pruning and maintenance shall be pursuant to acceptable horticultural practices and in any case where a required planting has not survived, said planting shall be replaced with new material within thirty (30) days unless a licensed landscape architect verifies that, due to weather or season conditions, planting should be delayed for a specified time. Project owners shall be required to maintain all landscaping included in the plans. If the appearance of the property deteriorates due to neglect, a citation shall be issued. Trimming and maintenance of on-site vegetation shall ensure visibility of parking areas, building entrances and other areas accessible to the public, adequate to provide for public safety.

i.

No trees that will grow to more than twenty (20') feet in height may be planted, or allowed to grow within, twenty (20') feet of any high voltage power line.

j.

Brush Management/Fuel Modification. Brush management and fuel modification are provided for in State law and in local fire safety regulations, codified in Fire Safety Regulations in this Code, adopted 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. Said provisions shall prevail in the event of conflict with any provisions of this Section.

(Ord. 2474. (01/14/2020); Ord. 2090. (07/09/2002); Ord. 2533. (12/05/2023))

A.

Purpose. This Section establishes standards to provide for efficient, safe and attractive outdoor lighting while minimizing nighttime light pollution and energy waste.

B.

Applicability. Lighting standards shall apply to Development Permits, Use Permits, and subdivisions, unless otherwise excepted in this Section.

C.

Definitions.

1.

Fully Shielded means a technique or method of construction and/or manufacture which does not allow any light dispersion to shine above the horizontal plane from the lowest light emitting point of the light fixture and which precludes visibility of the light source.

2.

Glare means artificial light that causes annoyance, discomfort or loss of visual performance and visibility.

3.

Light Pollution means artificial light which, through uplighting, detrimentally affects the clarity of the night sky, or causes undesirable glare, skyglow, or light trespass.

4.

Light Trespass means artificial light that produces an unnecessary and unwanted illumination of an adjacent property.

5.

Skyglow means the glow above brightly lit developed areas, visible in the night sky, that occurs when light shines into the sky and is reflected off clouds, particles of moisture or dust suspended in the atmosphere.

6.

Strip Light means a continuous band of light not necessary for public safety.

D.

Standards. All outdoor lighting shall meet the following standards:

1.

A lighting plan shall be submitted with all discretionary projects that propose to install outdoor lighting. Plans shall depict the location, height and positioning of all light fixtures and shall provide a description of the type and style of lighting proposed, including pole or building mounted area lights and sign lights.

2.

All outdoor light fixtures shall be fully shielded to prevent the light source or lens from being visible from adjacent properties and roadways, except for the following:

a.

Airport lighting required for the safe and efficient movement of aircraft during flight, take-off and landing.

b.

Outdoor light fixtures used for outdoor recreational facilities when such shielding would cause an impairment to the visibility required in the intended recreational activity. In such cases, partially shielded fixtures and directional lighting methods shall be utilized to limit light pollution, glare and light trespass, without diminishing the performance standards of the intended recreational activity.

3.

Externally illuminated signs and building identification shall use top-mounted light fixtures which shine light downward.

4.

The use of façade, or "wash" lighting is limited to public buildings, or buildings with historic importance. Façade lighting may be approved only when it is determined that it is compatible with the level of lighting in the immediate area and where it will not generate excessive illumination, skyglow or glare.

5.

Light fixtures mounted on the canopies of service stations, on convenience stores, restaurants, or other similar businesses, shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy, and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than eighty-five (85) degrees from vertical. As an alternative or supplement to recessed ceiling lights, indirect lighting may be used where light is beamed upward and then reflected down from the underside of the canopy. In this case fixtures must be shielded so that direct illumination is focused exclusively on the underside of the canopy. Lights shall not be mounted on the top or sides (fascia) of the canopy, and the sides (fascia) of the canopy shall not be illuminated.

6.

Use fixtures with high efficiency lamps. High pressure sodium, and mercury vapor light fixtures are prohibited.

7.

Light poles shall be restricted to a maximum of twenty (20') feet in height except that on parcels adjacent to residential or rural zoning districts, the maximum height shall be restricted to fifteen (15') feet.

8.

All exterior lighting shall be maintained as installed.

9.

Lighting shall be turned off between 11:00 p.m. and sunrise, except for those businesses operating during these hours or where a safety or security need is clearly demonstrated.

10.

Lighting systems, other than signs, shall include dimmers, occupancy sensors, time controls or separate circuits, to allow sections of the lighting to be turned off as needed.

11.

Security lighting fixtures shall be shielded and aimed so that illumination is directed only to the designated area and not cast on other areas. The use of motion or heat sensors may provide greater security than continuous lighting and are the preferred alternative to continuous nighttime lighting.

12.

The use of searchlights, lasers, strip lights, flood or spotlights is prohibited.

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

A.

Purpose. Parking standards are intended to minimize street congestion and traffic hazards, to provide safe, convenient access to business, public services and places of public assembly, to minimize impervious surfacing, and to visually improve parking area appearances.

B.

On-Site Parking Required. At the time of construction of any structure, or at the time any such structure is enlarged, increased in capacity by adding floor area or seats, or at such time that a higher usage is applied, there shall be provided for such new construction, enlargement or increased capacity and use of land, the following minimum off-street parking, including adequate provisions for safe ingress and egress. Said parking shall thereafter be maintained in connection with such structure and use of land

C.

Parking Lot Design Standards.

1.

Access Driveway Location. Access driveways to parking areas containing three (3) or more spaces shall be located and designed as follows:

a.

Distance from Street Corner. Parking area ingress and egress driveways shall be located a minimum of one hundred fifty (150') feet from the nearest street intersection, measured from the driveway centerline to the intersection centerline.

b.

Number of Driveways. Ingress and egress driveways crossing the street property line for a single site shall be limited to two (2) driveways along the frontage of any single street on parcels two (2) acres or less in size. The centerline of double driveways along the same property line shall be separated by a minimum of thirty (30') feet.

c.

Abutting Parcel. Parking area ingress and egress driveways shall be located a minimum of one hundred fifty (150') feet from any driveway on the same parcel or adjacent parcel as measured from centerline to centerline, provided, however, that each parcel shall be provided with a driveway.

2.

Driveway Encroachment Standards. Driveways shall conform to the County's commercial approach in Road Standards.

3.

Controlled Access. Parking areas, except for single-family residences, shall be designed to not allow vehicles to back out into any public right-of-way or pedestrian walk in order to egress the parcel or to maneuver out of the parking space. Parking lots shall be designed and improved to prevent ingress and egress at any point other than designated entrances or exit drives.

4.

Parking Lot Aisle Widths.

a.

One-way forty-five (45)-degree parking aisles shall have a minimum width of sixteen (16') feet and sixty (60)-degree parking aisles shall have a minimum width of eighteen (18') feet. One-way ninety (90)-degree parking aisles are not permitted.

b.

All two-way aisles shall have a minimum width of twenty-four (24') feet.

5.

Drop Off Points Required. Public assembly facilities shall include a designated on-site location for dropping off passengers at an entrance to the facility. Drop-off points shall consist of vehicle turnout lanes located outside of normal traveled lanes. Drop-off points shall be provided for hotels and motels, schools with fifty (50) or more students, churches and restaurants with a capacity for fifty (50) or more, public transportation terminals, public structures, and general retail uses and offices larger than ten thousand (10,000) square feet.

6.

Bicycle Racks Required. Parking lots with twenty (20) or more vehicle spaces shall provide one (1) bicycle rack for each twenty (20) spaces required by this Section. Bicycle racks shall be designed to provide a minimum four (4) bicycle spaces in each rack, and so that a bicycle can be locked to the rack. The number of required bicycle racks may be reduced if the Planning Agency determines that the use of the site does not warrant one (1) bicycle rack for each twenty (20) stalls.

7.

Shopping Cart Areas Required. Commercial parking lots with twenty (20) or more vehicle spaces shall provide shopping cart storage areas within the parking lot, outside of parking spaces, driving aisles and fire lanes.

D.

Parking Space Standards. All required parking shall be designed to comply with the following space dimensions and standards:

1.

Parking Space Sizes.

a.

Standard spaces shall be a minimum nine (9') feet in width and eighteen (18') feet in length, except that retail commercial uses shall provide spaces that are nine (9') feet in width and twenty (20') feet in length.

b.

Compact spaces shall be a minimum eight (8') feet in width and fourteen (14') feet in length and are allowed at a maximum forty percent (40%) of the required spaces. All compact spaces shall be clearly marked.

c.

Parallel spaces shall be a minimum nine (9') feet in width and twenty-two (22') feet in length. Parallel spaces may only be used when a through traffic flow is designed into the parking lot circulation pattern.

d.

Accessibility and Usability. All required parking spaces shall be designed, located, constructed, and maintained to be fully and independently accessible and usable during hours of operation, except when the closure of such spaces is authorized by the Planning Director to provide for the security of the property in question or for public safety purposes. Required spaces and driveways shall not be used for any purpose that at any time would preclude the parking of motor vehicles. No owner or tenant shall lease, rent, or otherwise make a space unavailable to the intended users of the space.

E.

Wheelchair Accessible Parking.

1.

General. All parking facilities required by this Section for uses other than a single-family dwelling shall provide accessible parking. Accessible parking shall be provided in accordance with Title 24 of the California Code of Regulations, as amended, including the number of parking spaces, dimensions and location, signage at the entrance, at the space and on the ground, vertical clearance, loading zones, curb ramps and slopes. Accessible parking spaces shall be located as near as practical to a primary entrance. When there are multiple entrances to structures adjacent to parking areas, accessible spaces shall be located closest to accessible entrances. Unless amended by Title 24, the required number of accessible spaces shall be in accordance with Table 12.04.180.E:

Table 12.04.180.E
Required Wheelchair Accessible Parking Spaces

* Accessible parking for multi-family residential uses shall meet the requirements established by the State of California Department of Housing and Community Development.

Required number of Parking Spaces per use.

Table 12.04.180.b
Parking Required Number of Parking Spaces by Use

Footnote:

⁽¹⁾  Reduction in the number of parking spaces may be allowed pursuant to Section 12.04.180.F

⁽²⁾  No parking is required if the proposed dwelling unit is:

a. Within an architecturally or historically significant historic district;

b. Within the existing single-family dwelling or an existing accessory structure;

c. In an area where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit;

d. Within one (1) block of a car share vehicle pick-up location;

e. Converted from a garage, carport, or other covered parking space, or if a garage, carport, or other covered parking space is demolished in conjunction with the accessory dwelling unit or junior accessory dwelling unit construction.

⁽³⁾  No parking is required if the proposed development is within one-half (0.5) mile of a public transit stop.

(Ord. 2057. (05/08/2001); Ord. 2533. (12/05/2023))

A.

Purpose. To conserve and maintain the natural and historic beauty of the County of Nevada, promote soil conservation, surface water quality and groundwater recharge, to enhance residential and commercial areas, and to ensure permanent open space and maximum impervious surfaces for all development.

B.

Definitions.

1.

Open Space Land means any parcel or area of land or water which is essentially unimproved and devoted to an open space use for the purposes of: (1) the preservation of natural resources, (2) the managed production of resources, (3) outdoor recreation, or (4) public health and safety.

2.

Impervious Surface means surface through which water cannot penetrate, such as a roof, road, sidewalk, or paved parking lot.

C.

Standards.

1.

Permanent Open Space. There shall be provided permanent open space in all commercial, industrial, multiple-family, public, and recreational zoning districts. The minimum amount of open space shall be as follows:

Table 12.04.190.C.1

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

A.

Purpose. To provide visual relief to equipment or areas needed for storage or mechanical equipment in commercial, public, industrial and multi-family residential development.

B.

Applicability. Screening standards shall apply to all projects requiring a Development Permit, a Use Permit, and to subdivisions if applicable.

C.

Standards.

1.

Outdoor storage, solid waste disposal areas, mechanical equipment and utilities shall be screened from public view. Walls used for screening purposes shall be buffered from view by landscaping.

2.

All outdoor solid waste receptacles, and/or recycling storage areas, shall be placed within a solid screen enclosure constructed of materials and colors compatible with building style, at least one (1) foot higher than the receptacle. Locations should be conveniently accessible for trash collection and maintenance, should not block access drives during loading operations, and should be oriented away from public view. The consolidation of trash areas between businesses is encouraged.

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

A.

Purpose. These regulations are intended to allow for a reasonable display of signage necessary to provide identification of buildings and building occupants, and to prevent clutter while providing for the display of information. This Section is intended to complement the land use objectives set forth in the Nevada County General Plan and this Chapter by:

1.

Encouraging signs that are pleasing in appearance by providing for good design with a minimum of clutter;

2.

Enhancing the economic value of visible areas through the regulation of size, location and illumination;

3.

Attracting and directing people to various activities and enterprises and providing the maximum public convenience;

4.

Reducing or eliminating traffic and safety-hazards through proper sign location and design.

B.

Definitions.

1.

Above-Roof Sign means a sign any part of which is displayed above the peak or parapet of a building.

2.

Billboard means a sign directing attention to a business, service, product, or entertainment not sold or offered on the site where the sign is located, not including directional signs.

3.

Cabinet Sign means a wall sign contained completely within a box, frame or similar enclosure. Cabinet signs are typically backlit with a plastic or plexiglass face. Also called "can" or "box" signs.

4.

Channel, or Wall-Mounted, Letter Sign means signage composed of letters individually mounted or painted on a structure wall, without a border or decorative enclosure.

5.

Directional Sign means a sign serving the needs of the traveling motorist where on-site advertising for the business is not visible from the main access road. Said sign may bear the name of the business and/or service provided but may not contain commercial advertising material.

5.a

Directional Signs, Agricultural Operation Associations means similar to the directional signs for individual businesses, except that the sign references the product, the name of the individual business with distance from the sign and a directional indicator, if needed.

5.b

Directional Signs, Public Information (such as trail signs) means these signs provide for a common design to direct the traveling public to areas of interest.

6.

Freestanding Sign means a sign that is not attached to a structure. Includes monument, pole, portable and readerboard signs.

7.

Human Sign means a graphic utilizing a person to hold/move the sign.

8.

Monument Sign means a low-profile sign usually placed upon a foundation or a slab with a solid base, and not normally supported by uprights, braces, poles or other similar structural components.

9.

Pole Sign means a permanent sign supported on a pole or poles placed into the ground and detached from any structure.

10.

Portable Sign means freestanding signs not permanently attached nor designed to be permanently attached (includes items such as sandwich boards, A-frames, or temporary posts with a sign attached).

11.

Readerboard Sign means a sign that accommodates changeable copy and which displays present or future activities and events.

12.

Roof Sign means a sign that is displayed above the eaves and under the peak of a building: These signs are displayed, erected, constructed, or maintained on the roof of a building. (See also "Sign, Above Roof").

13.

Sign means any device capable of visual communication or attraction, display, illustration, insignia or symbol used to advertise, or promote the interest of any person, partnership, association, corporation or other business entity. "Sign" shall not include any official notice issued by any court or public body or officer; directional, warning, or information signs or structures required by or authorized by law or by Federal, State, County or municipal authority.

14.

Sign Area means the entire area within a geometric pattern enclosing the limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed.

15.

Wall Sign means a sign attached parallel to or painted on any exterior wall of a structure.

16.

Window Sign means a sign permanently painted or mounted on the interior or exterior of windows.

C.

Limitations. The regulations of this Section establish minimum standards for signs that directly relate to the use of the property upon which a sign is to be located and to the intensity of the development of each particular land use. All signs shall be limited to the identification of the business and service provided on-site unless otherwise specifically provided in this Section. No product or price advertising is allowed under the provisions of this Section unless the product is incorporated into the name of the business or logo or is otherwise required by law.

D.

Applicability of Sign Regulation. The provisions of this Section are applicable to all signs constructed or altered after the effective date of this Section except as otherwise provided for in this Section. If an adopted Area Plan has stricter signage requirements than this Section, the Area Plan shall apply.

E.

Sign Code Adopted. That certain sign code published by the International Conference of Building Officials, entitled the Uniform Sign Code, 1997 edition, or subsequent edition which may be adopted by the Board of Supervisors of the County of Nevada, as adopted by the Building Codes, is incorporated into this Section by reference as though it were fully set forth herein.

F.

Construction and Maintenance. Each sign and all its components shall be manufactured, assembled and erected in compliance with all applicable State, Federal and County regulations, and the Uniform Sign Code. Each sign, including those exempted from this Section, shall be maintained in a safe, clean and legible condition at all times.

G.

Nonconforming Signs. Any sign or billboard lawfully in existence upon the adoption of this Section, but not in conformance with the provisions of this Section, may not be replaced or reconstructed unless it is brought into conformity with the provisions of this Section. All billboards and any nonconforming signs not brought into conformity with this Section shall be removed five (5) years after the adoption of this Section unless not fully amortized within such period pursuant to State law. Billboards and nonconforming signs not fully amortized within such period shall be removed at the end of the amortization period applicable thereto in an amortization program adopted pursuant to the California Outdoor Advertising Act contained in Cal. Bus. & Prof. Code §§ 5200—5486 or, if no shorter period is applicable, within fifteen (15) years after the adoption of this Section. It is the intent of this Section that all billboards and any nonconforming signs not brought into conformity with this Section shall be removed as soon as practical under State law without imposing any obligation upon the county to pay compensation for such removal. Pursuant to Cal. Bus. & Prof. Code § 5499, the removal requirements of this Section shall not apply to the removal of legally existing on-premises signs, if special topographic circumstances would result in a material impairment of visibility of the display or the owner's or user's ability to adequately and effectively continue to communicate with the public through use of the sign.

Exception. If a nonconforming sign has historical significance apart from its main purpose of advertising, the sign may be granted a Use Permit for continued use.

H.

Signs Exempt from Sign Standards. The following signs are exempt from the standards of this Section, provided they meet the requirements stated herein. Nothing in this section shall exempt a sign from a building permit if required by the Uniform Sign Code.

1.

Construction Signs. Two (2) signs with a combined total sign area of thirty-two (32) square feet and not exceeding eight (8') feet in height, identifying parties involved in construction on the premises and future sales or activities for which the construction is intended. Signs shall not be installed earlier than sixty (60) days from the date of construction and shall be removed prior to the issuance of a certificate of occupancy.

2.

Hazard Signs. Public Utility Company and other signs indicating danger, the location of underground utilities, or of construction, excavation, or similar hazards so long as the hazard exists.

3.

Prohibition Signs. "No Trespassing," "No Parking" and similar warning signs.

4.

Official Signs and Flags. Official Federal, State or local government flags, historical markers, and official traffic, directional guide and other informational signs, and official and legal notices issued by any court, person or officer in performance of a public duty. Flag poles are subject to the height limits established for the applicable zoning district and shall not be used for commercial advertising. Illumination of the American flag shall be for the flag only and shall not be used for advertisement.

5.

On-Site Directional Signs. Parking lot and other private traffic directional signs, including disabled access and parking signs, each not exceeding six (6) square feet in area. Such signs shall be limited to the guidance of pedestrian and/or vehicular traffic on the premises, and shall not display any logo, product name, establishment, service or any other advertising.

6.

Hospital Emergency Room Signs.

7.

Historic Structures. The repainting or restoration of historic structure names or advertising, if not advertising a current business or product, and if the historic sign can be verified.

8.

Human Signs. Individuals holding portable graphics are exempt, provided they do not interfere with visibility or passage of foot or vehicular traffic, or otherwise create a public nuisance or safety issue.

9.

Temporary Events. Temporary signs or banners displaying information or advertising for community events provided the aggregate sign area does not exceed one hundred (100) square feet and are posted no more than ten (10) days preceding the event and are removed within three (3) days following the event. Such signs are subject to an encroachment permit from the Dept. of Public Works when proposed in the county right-of-way.

10.

Temporary Sales Advertising. Banners, balloons, or decorative materials used for temporary sales advertising or events may be allowed three (3) times a year with each time not to exceed seven (7) days, except that new businesses may utilize temporary signage for ninety (90) days from opening. Planning Department shall be advised of business opening date. Permitted times shall not run in consecutive order and shall be pre-approved by the Planning Department.

11.

Miscellaneous Information Signs. Miscellaneous information signs containing no advertising copy, in office, commercial, business park and industrial districts, with sign area not to exceed four (4) square feet at each public entrance nor twelve (12) square feet total, indicating addresses, hours and days of operation, whether a business is open or closed, credit card information, emergency addresses and telephone numbers and names and copy applied to fuel pumps or dispensers.

12.

Interior Signs. Signs not visible from public streets or adjacent properties, such as signs in interior areas of shopping centers, commercial structures, ball parks, stadiums and similar recreational or entertainment uses.

13.

Residential Identification Signs. Individual signs identifying the names of the occupants, and a street address, if limited to a total sign area of four (4) square feet.

14.

Real Estate Signs.

a.

Temporary signs indicating only that property on which the sign is located is for Sale, Rent or Lease. Only one (1) sign per street frontage is permitted and said signs shall not exceed a maximum aggregate area of sixteen (16) square feet on residential parcels and thirty-two (32) square feet on nonresidential properties. Such signs may not be located within a county or state right-of-way without an encroachment permit from the appropriate authority.

b.

Open House On-Site and Off-Site Directional Signs. One (1) off-site portable sign for a maximum of one-hour before and removed a maximum of one (1) hour after the open house, plus one (1) on-site "Open House" sign (to include open house hours). Additional off-site signs are allowed in rural areas where roads or driveways are not adequately marked for drivers to know which way to turn when a directional choice is required. Maximum sign area per sign is eight (8) square feet. When located on private property, such signs must be sited with permission of the property owner.

c.

Property for Sale, Off-Site Directional Signs. Limited to property for sale in rural areas where roads or driveways are not adequately marked for drivers to know which way to turn when a directional choice is required. Maximum sign face size is two (2') feet wide by six (6") inches high. Sign(s) may be placed for directional purposes throughout the time period that the property is for sale. May not be located within a County or State right-of-way without an encroachment permit from the appropriate authority. When located on private property, such signs must be sited with permission of the property owner.

15.

Political Signs. Temporary signs not exceeding thirty-two (32) square feet per sign, providing that such signs are not posted more than ninety (90) days preceding the election and are removed within ten (10) days following the election.

16.

Temporary Window Signs, including, but not limited to, seasonal decorations or special events.

17.

Vehicular Signs. Signs on self-propelled public or private transportation vehicles, provided such vehicles are not used or intended for use as portable or temporary on-site advertising. Such vehicles must have a current registration.

I.

Prohibited Signs and Sign Materials. In addition to any sign or sign material not specifically in accordance with the provisions of this Section, the following signs are expressly prohibited:

1.

Signs that impair sight distance at the point of parking lot egress.

2.

Signs that simulate or imitate any traffic control sign or signal or which make use of words, symbols or characters so as to interfere with, mislead or confuse pedestrian or vehicular traffic.

3.

Internally illuminated cabinet signs outside Community Regions.

4.

Readerboard signs unless otherwise specifically permitted herein.

5.

Signs consisting of any moving, rotating or otherwise animated light or component except for time and temperature displays and barber poles.

6.

The use of flags, pennants, streamers or other wind activated devices unless otherwise provided for within this Section.

7.

Vinyl banners, except as permitted for temporary events.

8.

Roof and above-roof signs, except as expressly permitted in this Section.

9.

Signs that are placed, relocated or maintained so as to prevent free egress from or ingress to any door, window, fire escape, or occupy space in a public right-of-way including sidewalks, boardwalks, alleys, streets, or public or private easements, unless necessary for traffic safety purposes.

10.

No sign of any kind shall be attached to a standpipe or fire escape.

11.

Billboards or off-site advertising signs unless otherwise permitted by this Section.

12.

Signs on vehicles, including trailers, when a vehicle is parked or stored on property for purpose of identifying a business or advertising a product, unless the sign is permanently affixed on the side or rear of the vehicle body, and the vehicle is used by the business on a regular basis.

J.

Approval Required. No sign shall be constructed, displayed, altered or changed without first obtaining approval from the Planning Agency unless exempted from the standards of this Section. All signs shall conform to the design standards of this Section unless otherwise specified by this Section.

1.

Building Permit Required. Unless otherwise exempted by the Uniform Building Code or Uniform Sign Code, a building permit shall be obtained for a sign from the Building Department, if applicable.

2.

Sign Permit Required. Signs or sign alterations that do not require a building permit shall file an application for a sign permit with the Planning Department, using Planning Department forms, together with all information and materials specified on the forms, and the filing fee required by the latest fee schedule adopted by the County. Where a comprehensive sign program has been approved by the County for overall development of a site, separate sign permits shall not be required for individual signs on the site, provided that such signs are consistent with the approved program.

3.

Design Review. All signs shall conform to the community design standards of this Section, applicable Eastern or Western Nevada County Design Guidelines, any applicable specific community design guidelines and any conforming approved Comprehensive Sign Program for the subject property unless otherwise specified by this Chapter. Design review shall be required for new or replacement signs that are not part of a land use permit but review thereof shall be by the Planning Director rather than as provided in Table 12.05.020 of this Chapter. New or replacement signage on a site that has been previously reviewed for design compatibility through a discretionary permit, or that has been approved as part of a comprehensive sign program, shall not require new design review if replacement signage is consistent with the previously approved signage or comprehensive sign program, and with current standards. New or replacement signs that are part of a land use permit, and which are not consistent with the previously approved signage, shall be reviewed by the original approval body.

Replacement of signs covered by a previously approved Comprehensive Sign Plan, which no longer conforms to existing standards, may be approved consistent with the previously approved Sign Plan in order to maintain sign consistency within the development. At such time as the development plans to change multiple signs or, in order to provide a conforming sign plan for sign replacement purposes, a new comprehensive sign plan shall be approved.

4.

Comprehensive Sign Plan. A comprehensive sign plan is required for all multi-tenant developments that require a Development Permit or a Use Permit. The sign plan shall provide for the use of a consistent sign design style, and the same or complementary types of materials, colors, and illumination in all signs on the site. The sign plan shall be submitted and approved as part of the land use permit application for the overall site development.

K.

Sign Standards. Unless otherwise exempted from the requirements of this Section, all signs are subject to the following standards:

1.

Wall Signs.

a.

One (1) wall sign for each street or parking lot frontage may be placed on any building with a maximum of two (2) wall signs for each business or tenant. No signs shall be placed facing the restricted access portions of highways, including the restricted access portions of State Highways 20 and 49, except as part of an approved Development Permit or Use Permit.

b.

Wall signs shall not extend beyond the edge of any wall on which they are mounted nor shall the sign project more than twelve (12") inches from the wall.

c.

Wall signs shall be separated from each other by a distance of three (3) times the average height of the sign face and/or letters of the proposed sign and adjacent sign.

d.

Wall signs shall not cover more fifteen (15%) percent of a building I or tenant storefront.

2.

Window Signs.

a.

Window signs shall not occupy more than fifty percent (50%) of the window area of any one (1) window, including permanent and temporary signs. Permanent window signage counts toward total signage square footage allowed for the business.

b.

The text of a window sign should be limited to the business name and a brief message identifying the type of product or service available.

3.

Roof Signs.

a.

Roof signs are prohibited on buildings constructed after January 1, 2006, unless approved for historical reasons. New or replacement roof signs shall only be approved for structures existing as of January 1, 2006, when the approval body determines that no alternative to a roof sign is available, or for historical reasons.

b.

When roof signs are approved as an alternative to wall signs, Standards 1.a—d above under wall signs shall apply.

4.

Freestanding Signs. All freestanding signs shall be located in a landscaped area to integrate the sign with the ground plane and to screen out any low-level lights, unless winter snow or remote location of site makes landscaping impractical. Monument-type signs are preferred over pole signs.

a.

Pole Signs. Pole signs are limited to a maximum ten (10') feet in height, except that the maximum sign height for businesses that are located in Community Regions, and that are freeway or State highway related, including restaurants, gasoline stations, and overnight lodging, may be increased to a maximum twenty-five (25')-foot height if it is determined that the additional height is the minimum necessary to provide visibility from the highway or freeway, subject to design review approval. Greater sign height may be authorized due to snow plowing, natural topography or other special circumstances.

b.

Monument Signs. Developments in the Commercial, Industrial, and Multi-Family Residential Zoning Districts may have one (1) monument sign per parcel except that development on corner parcels, with access to a second road, may also have a second monument sign visible from the secondary road. Solid architectural bases of native rock or field stone or other natural materials are strongly encouraged. Internally illuminated monument signs can be approved within Community Regions. The maximum size for monument signs shall be as follows:

1)

For single tenant structures or center identification, monument signs shall not exceed twenty-five (25) square feet in area and a height of five (5') feet. Secondary signs allowed for corner lots are limited to a maximum fifteen (15) square feet in area.

2)

For multiple tenant structures, monument signs shall not exceed fifty (50) square feet and a height of six (6') feet, except that a ten (10')-foot height is allowed in Industrial Districts.

3)

Monument signs located east of the Range 10 East line may be increased in height an additional five (5') feet to accommodate snow storage.

c.

Menu Boards. Signs displaying products and pricing for drive-through restaurants shall not exceed fifty (50) square feet in area and a height of six (6') feet. Such signs shall be subject to the location and size criteria of this Section. No more than one (1) such sign shall be allowed if the signage is visible from a public roadway. All menu board signage shall require design review and a determination that adequate area is provided for vehicles to queue outside of driving aisles.

d.

Directory Signs. Wall-mounted or free-standing, building directory signs, listing the tenants or occupants of a structure or center, provided that such directories do not exceed twenty (20) square feet on any single building wall or a height of eight (8') feet. Letter height shall not exceed two (2") inches. The placement of directory signs shall be oriented to pedestrian traffic.

e.

Readerboards. Readerboards are allowed for theaters, auditoriums, fairgrounds, institutional signs, schools, museums or motels/hotels offering conference facilities, if the readerboard is established on-site, and for community identification signs or event purposes.

f.

Community Identification Signs. One (1) community identification monument sign shall be allowed on each arterial street entering a community, a maximum sign area size of one hundred (100) square feet and a maximum height of ten (10') feet. Such signing may include the name of the community, and the names of community civic or religious organizations, but shall not include the names of businesses and/or commercial products.

g.

Signs in Agricultural Districts. Attached or freestanding signs identifying activities, services, products or occupants are permitted at a maximum two (2) signs per parcel, not exceeding twenty-five (25) square feet each in sign area.

h.

Institutional Signs. Churches, schools, community centers or other public or institutional uses are allowed a maximum of two (2) signs, not exceeding a combined sign area of forty (40) square feet. Freestanding signs shall have a maximum height of eight (8') feet.

i.

Neighborhood or Residential Development/Subdivision Identification. A maximum of two (2) monument signs, one (1) per street frontage, are allowed, not to exceed twenty-five (25) square feet per sign.

j.

Multiple Family Identification. A maximum of two (2) monument signs, one (1) per street frontage, are allowed, not to exceed twenty (20) square feet in sign area per sign.

k.

Portable Signs.

1)

If business related, must be approved as part of the sign plan.

2)

If business related, limited to one (1) in addition to other permanent signs allowed for the business.

3)

Maximum sign area of eight (8) square feet.

4)

Must be located outside the road right-of-way and not encroach into required off-street parking areas.

5)

If business related, may be utilized only during regular hours of operation, and shall be removed during non-business hours.

5.

Other Signs.

a.

Time and Temperature Signs. Public service information signs that display time and temperature, etc., may be approved provided that the display contains no more than twenty percent (20%) of the allowable sign area devoted to advertising a business or service.

b.

Gas Prices. Pricing signs required by the State of California Business and Professions Code, shall not be counted as part of the allowable sign area, provided that the signs do not exceed the state minimum requirements for wording, size and height. This restriction is not applicable to signs within the "HP" Combining District.

c.

Suspended or Projecting Signs. One (1) suspended or projecting sign with a maximum area of eight (8) square feet for each business or tenant. No sign shall extend beyond the eave line or covered walkway, unless located within the HP Combining District or if approved as part of a design theme for a commercial/industrial center.

d.

Directory Signs. Wall-mounted or free-standing, building directory signs, listing the tenants or occupants of a structure or center, provided that such directories do not exceed twenty (20) square feet on any single building wall or a height of eight (8') feet. Letter height shall not exceed two (2") inches. The placement of directory signs shall be oriented to pedestrian traffic.

e.

Readerboards. Readerboards are allowed for theaters, auditoriums, fairgrounds, schools, museums or motels/hotels offering conference facilities, if the readerboard is established on-site, and for community identification signs.

f.

Community Identification Signs. One (1) community identification sign shall be allowed on each arterial street entering a community, a maximum sign area size of one hundred (100) square feet and a maximum height of ten (10') feet. Such signing may include the name of the community, and the names of community civic or religious organizations, but shall not include the names of businesses and/or commercial products.

g.

Signs in Agricultural Districts. Attached or freestanding signs identifying activities, services, products or occupants are permitted at a maximum two (2) signs per parcel, not exceeding twenty-five (25) square feet each in sign area.

h.

Institutional Signs. Churches, schools, community centers or other public or institutional uses are allowed a maximum of two (2) signs, not exceeding a combined sign area of forty (40) square feet. One such sign may be freestanding, with a maximum height of eight (8') feet.

i.

Neighborhood or Tract Identification. A maximum of two (2) signs are allowed, not to exceed a combined sign area of fifty (50) square feet. A monument sign is allowed, however, no more than one (1) per street frontage is allowed.

j.

Multiple Family Identification. A maximum two (2) signs are allowed for each parcel containing a multi-family development or dwelling group. The maximum size of each sign shall not exceed twenty (20) square feet in sign area. Allowed signage may include one (1) monument sign for each road frontage that provides access to the site.

6.

Location and Size. The location and size of all signs shall be in accordance with the following:

a.

Setbacks. All signs shall be setback a minimum two (2') feet from property lines, as measured to the nearest edge of the sign.

b.

Location. Freestanding signs shall be placed so that vehicular sight distances are not blocked.

c.

Size. Size of allowable sign area shall not exceed two (2) square feet for each lineal foot of structure frontage measured on only one (1) frontage facing a street or parking lot unless otherwise specified by this Section. Individual buildings occupied by multiple tenants shall measure sign area by the amount of frontage provided for each tenant space. Corner structures on a corner parcels, providing street frontage to more than one (1) street, will be allowed an additional one (1) square foot of aggregate area for each lineal foot of frontage, measured on the side-street structure side.

d.

Measurement of Sign Area. The area of a sign and/or sign structure shall be measured as the number of square feet within the area of the sign face, as follows:

1)

Sign Faces Counted. Where a sign has two (2) faces containing sign copy, which are oriented back-to-back and separated by not more than thirty-six (36") inches at any point, the area of the sign shall be measured using one (1) sign face only.

2)

Wall Mounted Letters. Where a sign is composed of letters individually mounted or painted on a structure wall, without a border or decorative enclosure, the sign area shall be measured as the number of square feet of the smallest rectangles or combination of rectangles within which all letters can be enclosed.

3)

Three-Dimensional Signs. Signs consisting of one (1) or more three-dimensional objects, such as balls, cubes, clusters of objects, or statue-type trademarks, the sign area shall be measured as the area of the smallest rectangle within which the object(s) can be enclosed when viewed from a point where the largest area of the object(s) can be viewed.

4)

Cabinet Signs. Where a sign has borders, a decorative enclosure or cabinet, the area of the sign shall be measured as the area in square feet of the smallest rectangle within which the borders, decorative enclosure or cabinet can be contained.

7.

Lighting. When lighted, all signs shall be illuminated by continuous, non-pulsating, shielded and stationary light sources, using light fixtures, which direct external light sources at the sign so as to illuminate only the sign face. Any external spot or flood lighting shall be arranged so that the light source is screened from direct view. Internally illuminated "cabinet" signs are prohibited. Internally illuminated signage shall be allowed only in Community Regions and limited to individually lit channel letters. Internally illuminated monument signs may also be approved within Community Regions. Signs may be lit only during those hours that the business being advertised is open for business.

8.

Conflicts. In the event of conflicting standards, the more restrictive standard shall apply.

L.

Abandoned Signs. When a business ceases to operate for a period of one hundred eighty (180) days or more, all signs advertising that business shall be removed by the owner or lessee of the business on which premises the sign is located. If the owner or lessee fails to remove such signage, the Code Enforcement Officer for the County of Nevada shall provide the owner with a 30-day written notice to remove the signage. Upon failure to comply with such notice the county or its duly authorized representative, may remove the sign at cost to the owner.

M.

Removal of Signs. The county may order the removal of any sign erected or maintained in violation of this Section. The county shall give 30-day written notice to the owner of any such sign, structure or premises on which the sign is located, to remove the sign or to bring it into compliance with applicable county ordinances. Upon failure to comply with such notice, the county or its duly authorized representative may remove the sign at cost to the owner. The county may remove the sign(s) immediately and without notice, if, in the opinion of the County Building Inspector, the condition of the sign presents an immediate safety threat to the public.

N.

Off-Site Directional Signs. Where a business is not located on a County road or State highway so that permitted on-site advertising is not visible from their primary access road, an Administrative Development Permit may be issued pursuant to the sign permit requirements, for a directional sign if the following standards are met:

1.

The sign shall only be allowed for services the traveling motorist requires (i.e., motels, service stations, resorts, restaurants, and campgrounds), which are located off the main thoroughfare.

2.

The directional sign shall bear the name of the business and/or service provided (i.e., gas, food, lodging etc.). No sign or its support shall bear any commercial advertising material but may provide the street address and hours of operation.

3.

Directional signs shall be placed on private property and may not be located within any road right-of-way.

4.

No more than two (2) directional signs may be allowed for any one (1) property unless the Zoning Administrator, or other approval body, determines that unusual circumstances justify additional signage.

5.

No more than two (2) sign structures shall be allowed at any intersection.

6.

Directional signs shall meet the following design standards:

a.

Shall not exceed twenty (20) square feet in overall size, with a maximum width of six (6') feet.

b.

Shall bear the name of the business.

c.

May bear the street address and hours of operation.

d.

May bear a commonly recognized logo.

e.

May bear the service provided, i.e. food, gas, lodging, etc.

f.

Colors shall be a solid color or white background with contrasting reflective lettering.

g.

The maximum height for highway directional signs shall not exceed eight (8') feet from grade.

O.

Off-Site Directional Signs. Board of Supervisors Approved Comprehensive Sign Plans. To facilitate visits by the traveling public to County of Nevada agricultural operation associations or users of public services such as trails, the Board of Supervisors may adopt, by Resolution, Comprehensive Sign Plans. Signs shall be attached to signposts so that the sign face is perpendicular or parallel to the traveled way. Posts located within the County of Nevada road right-of-way shall be provided and placed by the Department of Public Works on an at-cost basis. After approval of the sign plan, individual signs and posts may be added or deleted, consistent with the approved plan, without returning to the Board of Supervisors for approval. Maximum number of signs per operation and maximum number of signposts to be determined in conjunction with comprehensive sign plan approval. Multiple agricultural associations may be listed on one (1) signpost.

P.

Temporary Directional Subdivision Signs. Are allowed in all residential and rural districts subject to the following:

1.

Directional Sign Defined. A directional sign as used in this Section shall mean a sign intended for temporary use in advertising and directing people to a subdivision duly recorded and identified by a tract name assigned or approved by the county and as shown on the final map.

2.

Permit Required. No directional sign shall be erected or maintained in any district, defined and established pursuant to this Section, unless an application shall have been made and a permit issued for its erection and maintenance pursuant to the provisions of this Section. No such sign shall be approved unless the following findings can be made:

a.

That the proposed site will not adversely affect other signs located pursuant to this Section.

b.

That the proposed site is not detrimental to the property of other properties in the vicinity.

c.

That the proposed site is in keeping with the character of the surrounding neighborhood.

d.

That the proposed site will not obstruct pedestrian or vehicular traffic vision.

3.

Application Procedures. Each application to erect a temporary directional sign shall comply with the sign permit requirements. Applications shall bear the signature of the owner of the sign and the owner of the land on which the sign is to be placed, and shall grant the county right to enter upon the land to inspect or to move said sign on termination of the permit.

4.

Cash Bond. A cash bond in an amount equal to the total cost of removing the sign shall be posted with the County of Nevada. An agreement executed between the owner or developer of said land and the County of Nevada shall set forth the owner or developers consent to the county to enter upon the land, without liability, to remove said sign as may be necessary. The bond shall remain in effect for the life of the sign and a condition of such bond shall be that upon termination, revocation or expiration of the permit, if the sign for which the permit is granted is not completely removed and the site restored to its original condition within five (5) days thereafter, the full amount of the bond shall be forthwith and summarily forfeited and paid over to the county. The cash bond shall be returned to the owner/developer if the directional sign is completely removed and the site restored to its original condition within said five-day period.

5.

Size. Such signs shall maintain an unobstructed open space of ten (10') feet between the finish grade and the sign. The sign shall not exceed ten (10') feet in horizontal length nor more than five (5') feet in vertical height (excluding ten (10')-foot ground clearance) and shall not exceed a total area of fifty (50) square feet.

6.

Location. Such signs may be established along, but not within road rights-of-way except that no such sign shall be established within six hundred sixty (660') feet of any freeway right-of-way line or five hundred (500') feet of any freeway offramp, unless the proposed development is adjacent to said freeway or the area adjacent to said freeway is zoned commercial or industrial. Signs located within a commercial or industrial district adjacent to a freeway shall be spaced five hundred (500') feet apart on each side of the freeway.

7.

Number of Signs. No more than two (2) directional sign permits may be issued for any one (1) land development project. Where contiguous land development projects are under common ownership and are advertised under the identical name, not more than two (2) directional signs may be in existence at any one (1) time for such contiguous land development projects. For purposes of this Section, land development projects shall be considered contiguous even though separated by streets, water channels or any area less than five hundred (500) in width.

8.

Additions to Signs. There shall be no additions, tags, signs, streamers, devices, display boards or appurtenances added to the signs as originally approved or which cause the sign to exceed the dimensions or area herein specified.

9.

Time Limits. Each permit for a directional sign shall be valid for not more than one (1) year from the date of issuance, provided however, the Zoning Administrator may renew the permit for one (1) year if it is determined that no adverse findings will result from such renewal.

10.

Permit Revocation. Any land use or building code violation of the land upon which the approved sign is located shall constitute grounds for the revocation of said sign permit. Upon receipt of notice of said violation, the owner of the land upon which said sign is located shall immediately dismantle said sign and restore the property to its original condition.

(Ord. 2210. (06/20/2006); Ord. 2239. (05/29/2007); Ord. 2533. (12/05/2023))

All Development Permits and Use Permits within the multiple-family, commercial, industrial, and public districts, shall include adequate, accessible, and convenient areas for the storage of solid waste and for the collection and loading of recyclable materials, as follows:

1.

Solid waste and recycling areas, or the bins or containers placed therein, shall provide protections from adverse weather conditions, which might render the collected materials unmarketable.

2.

Solid Waste and recycling areas shall be sufficient in capacity, number, and distribution to serve the development project.

3.

Solid Waste and recycling areas shall not be located within required parking areas or within areas constructed and maintained for vehicle and/or emergency access.

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

The primary purpose of site development resource standards is to avoid the impact of development projects on sensitive environmental resources and natural site constraints. Where avoidance is not possible, development should minimize impacts in a reasonable fashion that strikes a balance between allowing development of the project site and protecting the resource or avoiding the constraint. Standards shall ensure protection of the County's unique character, environmentally sensitive resources, and important agricultural, mineral, and timber resources. Standards shall also assist in preventing and reducing public health and safety hazards associated with wildland fires, floods, avalanches, and earthquakes. Standards are not in lieu of, but are in addition to, the requirements of the California Environmental Quality Act.

In addition, standards shall be used to assist in proper community design, provide transitions between various land uses, reduce potential land use conflicts, enhance native vegetation and landscaping, and provide for open space.

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

Resource standards shall apply to all Development Permits, Use Permits, and subdivisions. The following standards shall also apply to allowable uses subject to zoning compliance, and building permit issuance, unless otherwise provided:

1.

Section 12.04.210 Floodplains.

2.

Section 12.04.311.C.3 Significant Mineral Areas, as required.

3.

Section 12.04.213 Steep Slopes and Erosion Potential.

4.

Section 12.04.217 Watercourses, Wetlands and Riparian Areas.

5.

Section 12.04.218 Wildland Fire Hazard.

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

A.

Resource and Constraint Information.

1.

Where required within each subsection of this Section, project applications shall provide for the professional site-specific inventory and analysis of the resources and constraints identified in this Section. Inventories and analyses shall be funded by the applicant but prepared by independent consultants approved by, or under the direction of, County staff. This evaluation shall include recommended mitigation and/or alternatives necessary to avoid or lessen impacts. Based on this evaluation, the County shall determine the acceptable level of resource impact and constraint avoidance of the project. All of the following resources and constraints shall be reviewed:

a.

Important agricultural lands.

b.

Avalanche hazard.

c.

Significant cultural resources.

d.

Major deer habitat.

e.

Earthquake faults and seismically sensitive areas.

f.

Energy conservation.

g.

Floodplains.

h.

Significant mineral areas.

i.

Rare and endangered species and their habitat.

j.

Steep slopes/high erosion potential.

k.

Important timber resources.

l.

Trees.

m.

Visually important ridgelines and viewsheds.

n.

Watercourses, wetlands and riparian areas.

o.

Wildland fire hazard areas.

2.

To the extent said resources or constraints are impacted, mitigation measures and alternatives shall be incorporated into the project design to avoid, minimize, or compensate for such impacts. To assist in the professional inventory and analysis, the following maps and other sources shall be used as a foundation for identifying resources and constraints:

a.

Fish and Wildlife Service National Wetlands Inventory.

b.

State Department of Fish and Game Migratory Deer Range Maps.

c.

State Department of Forestry and Fire Protection Hardwood Rangeland Maps.

d.

California Natural Diversity Data Base.

e.

California Native Plant Society Inventory of Rare and Endangered Vascular Plants of California.

f.

United States Geological Survey Quadrangle Topographic Maps.

g.

Federal Emergency Management Agency Flood Insurance Rate Maps.

h.

State Department of Conservation Important Farmland Maps.

i.

State Division of Mines and Geology Mineral Classification Maps.

j.

Soil Conservation Service Soil Survey of Nevada County.

k.

Department of Agriculture Soil Survey of the Tahoe National Forest.

l.

Landslide Activity Map.

m.

State Division of Mines and Geology Geologic Map of the Chico Quadrangle.

n.

State Division of Mines and Geology Fault Map of California.

o.

Bureau of Reclamation Seismotectonic Study of the Truckee/Lake Tahoe Area.

p.

Norman Wilson Avalanche Hazard Study.

q.

State Department of Forestry and Fire Protection Fire Hazard Severity Zone Maps.

Inventory and analysis shall be prepared for the entire site or parcel. However, no inventory or analysis shall be required for those portions of the site or parcel where non-disturbance is ensured through conditions of approval, mitigation measures, and/or permanent private restrictions running with the land.

B.

Standard. The intent of these site development standards is to avoid resource impacts and natural constraints to the maximum possible. To that end, such standards will be applied successively as follows (an applicant cannot descend to the succeeding methods until they have shown to the satisfaction of the County that the preceding methods are infeasible):

1.

Avoiding the impact by designing or re-designing the project so that the resource or constraint is fully protected and not disturbed. Avoidance is the preferred standard unless the Planning Agency determines that implementation of this standard effectively removes the potential for the reasonable development of the parcel. Avoidance may be attained through clustering, transfer of development rights, buffering, screening, identification of building envelopes, the provision of open space, or other techniques that permanently protect the resource or avoid the constraint. Permanence shall be ensured through dedication, easements, irrevocable trusts, deed restrictions, covenants, or similar techniques running with the land. In addition, zoning techniques (i.e., "Open Space" District, setbacks, etc.) may also be used to ensure permanence. Provisions to avoid the resource or constraint shall become conditions of approval or mitigation measures of the project.

2.

Minimizing the impact through preparation and implementation of a County-approved Management Plan prepared by an independent consultant approved by, or under the direction of, County staff, that limits the degree of impact to the maximum extent possible. Where the Planning Agency determines that avoidance is not acceptable or adversely affects another environmentally-sensitive resource, minimization shall be the preferred standard unless the County determines that the standard will not effectively protect the resource or avoid the constraint to an acceptable level. In such instances the County shall deny the project. Minimization may be attained through clustering, buffering, screening, identification of building envelopes, the provision of open space, or other techniques that permanently protect the resource or avoid the constraint. Permanence shall be ensured through dedication, easements, irrevocable trusts, deed restrictions, covenants, or similar techniques running with the land. In addition, zoning techniques (i.e., "Open Space" District, setbacks, etc.) may also be used to ensure permanence. Management Plan provisions to minimize impacts shall become conditions of approval or mitigation measures of the project.

3.

Compensating for the impact by replacing or providing a substitute resource or environments. Compensation is appropriate where the Planning Agency determines that avoiding or minimizing the impact is not acceptable. Compensation may include the on-site or off-site provision or creation, protection, and maintenance of a resource or habitat. Management Plan provisions to compensate for impacts shall become conditions of approval of the project. Lands used as compensation for unavoidable project impacts shall be acquired through fee title or conservation easements with the express purpose of maintenance as compensation for impacts to wildlife in perpetuity. Holders of title or easements shall be restricted to mutually agreed upon agencies or private, non-profit conservation entities approved by the Planning Agency.

Realistic and effective avoidance of impacts and then minimization of impacts must first precede the use of compensatory mitigation.

C.

Management Plan. Management Plans are a tool that can be used to minimize the impacts of development on environmentally sensitive environmental resources and/or constraints. Where avoidance is not a feasible alternative, a Management Plan may be prepared, consistent with the provisions of this Subsection.

1.

Process. Management plans are subject to approval by the Planning Agency. Application shall be made to the Planning Department on forms provided by the Planning Department. Management Plans that are associated with an allowable use shall be reviewed by the Planning Director unless environmental review is required pursuant to the California Environmental Quality Act (CEQA). If the Management Plan is not exempt from CEQA, an initial Study is required, and a public hearing will be held before the Zoning Administrator. Management Plans proposed in conjunction with a discretionary project shall be considered by the hearing body reviewing the project.

2.

Implementation. Management Plan conclusions and recommendations for provisions to minimize or compensate for impacts, and the time frame for implementation of such provisions, shall be incorporated into the conditions of approval of the project.

3.

Content and Form of Management Plan. Management Plans shall be prepared by independent consultants approved by, or under the direction of, County staff, as required in each subsection of these Resource Standards. Management Plans shall normally include the following information:

a.

Identification of the resource or constraint.

b.

A discussion supporting the proposed design as the preferred alternative, rather than avoidance of the resource or constraint altogether.

c.

Description of the mitigation or compensation measures and the extent to which they will offset or minimize the impact to the resource or the risk.

d.

Time frame for implementation.

e.

Success standards.

f.

Monitoring of mitigation and compensation measures, and other conditions of approval, to assess effectiveness.

g.

Remediation measures in the event of failure of mitigation or compensation, or other conditions of approval.

h.

A performance bond.

The scope and level of detail associated with each Plan shall depend upon the scale and type of project, size and quality of resource or level of constraint, and the degree to which the project affects the resource or constraint. Plans prepared for smaller projects only affecting a resource or constraint to a limited degree should be concise, with mitigation measures commensurate with the anticipated level of impact. Plans prepared for larger projects seriously affecting a high quality resource or major constraint should be of such a detail and level of comprehensiveness to ensure effective mitigation. They shall reflect the requirements of any management plan encompassing the project area which have been adopted by the County.

D.

Monetary Deposit. All project conditions of approval and mitigation measures shall be fully enforced to ensure that the resources are protected, and constraints avoided consistent with the findings of the Planning Agency and Management Plan, if applicable. For discretionary projects, a monetary deposit may be required to be posted and maintained to insure the protection of the resource or avoidance of the constraint during construction. In determining whether a deposit is required, the Planning Agency shall consider the level of risk to the resource as identified in the Management Plan, the projected cost of implementing measures recommended in the Plan, and whether there is evidence that disturbance of the resource has occurred without required permits. The amount of the deposit shall be determined by the Planning Agency based upon the size and scale of the project, and the level of resource sensitivity identified in the Management Plan. The deposit shall be in the form of a Certificate of Deposit, cash deposit, or letter of credit from a bank, and shall be posted prior to any grading or movement of heavy equipment onto the site or issuance of any permits. Each violation of any condition of approval or mitigation measure regarding resource protection or constraint avoidance shall result in forfeiture of a portion or the entirety of the deposit, at the discretion of the Planning Agency, in addition to other applicable penalties. Appeals may be made to the Nevada County Board of Supervisors.

E.

Exceptions to Inventory and Analysis. Applicable projects shall not be required to prepare an inventory and analysis when the Planning Director determines the project will create little or no land disturbance or there is virtually no possibility of impacts to sensitive environmental features or natural constraints.

F.

Vegetation Restoration. Where the County determines that vegetation identified as an environmentally sensitive resource as defined by General Plan Policy 1.17, has been removed from the site in anticipation of development, or, within one (1) year prior to submittal of a land use application, the following shall be required:

Prior to issuance of any development permits (i.e., grading or building permits), the developer shall fund a native plant restoration program to return the site to a naturally-functioning habitat. If on-site restoration is not feasible, the restoration program shall include the identification of a suitable replacement site to be reviewed and approved of by the Nevada County Planning Agency. The restoration program shall include the hiring of a specialist, selected and contracted by the County, to: (1) identify a suitable location or replacement site for the vegetation that has been removed, with the preferred location being the project site or within the vicinity of the site, (2) prepare a restoration, monitoring, and maintenance plan, (3) initiate the restoration, and (4) conduct a five-year maintenance and monitoring program. The developer shall record or cause to record, a conservation easement on the selected property to preserve the restored habitat in perpetuity. The applicant shall be responsible for incurring all costs associated with the restoration project. The restoration shall represent a three-to-one (3:1) ratio of habitat restored to habitat lost.

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

A.

Purpose. To minimize the conversion of important agricultural areas to non-agricultural uses, the adverse impact of potentially incompatible land uses upon important agricultural land and operations, and the impairment of agricultural productivity of important agricultural land.

B.

Definitions.

1.

Farmland of Local Importance means farmland that does not meet the criteria of Prime Farmland, Statewide Importance or Unique Farmland, zoned Residential Agricultural (RA), General Agricultural (AG), Agricultural Exclusive (AE), Forest (FR) or Timberland Production Zone (TPZ) and delineated by the following soil types: Ahwahnee sandy loam, fifteen percent (15%) to thirty percent (30%) slopes (AdD); Argonaut gravelly loam, two percent (2%)to fifteen percent (15%) slopes (ArC); Hoda sandy loam, nine percent (9%) to fifteen percent (15%) slopes (HnC); Sobrante loam, fifteen percent (15%) to thirty percent (30%) slopes (SoD); or Trabuco loam, five percent (5%) to fifteen percent (15%) slopes (TrC).

2.

Important Agricultural Lands means prime farmland, farmland of Statewide importance, unique farmland, and farmland of local importance as defined by the State Department of Conservation's Important Farmland Map.

3.

Non-Agricultural Project, for the purpose of this Section shall be any use of land, except for a single-family residence and garage that does not meet the definition of "Agricultural Operation" in this Chapter.

C.

Standards.

1.

Non-agricultural projects shall be approved only when they are not within or adjacent to Important Agricultural Lands unless a Management Plan is prepared consistent with Subsection 2 below.

2.

If the above standard effectively precludes development of the project, or adversely affects another environmentally sensitive resource, a Management Plan that avoids or minimizes impacts to the important agricultural lands may be prepared consistent with the provisions of Section 12.04.303.C. of this Section, and the following standards:

a.

The Management Plan shall be prepared by one (1) of the following agricultural professionals: A Registered Professional Forester, a certified rangeland manager, or an USDA/NRCS-certified conservation planner.

b.

If the entire project site is mapped within or adjacent to important agricultural lands, the Management Plan shall provide for the development of the project on that portion of the site determined to have the least impact on the long-term management of the agricultural resource.

c.

Management Plans shall be reviewed by the Nevada County Agricultural Commissioner.

3.

Non-agricultural projects adjacent to important agricultural lands shall be designed to minimize impacts and shall be subject to the following standards:

a.

Subdivisions within or adjacent to important agricultural lands shall provide a one hundred (100')-foot building setback from the property line(s) within or adjacent to the important agricultural land, limiting the use of the land to agricultural or open space uses compatible with adjacent agricultural land.

b.

Require the recordation of a declaration acknowledging proximity to agricultural resources and the potential for conflict, which may be in the form of the Nevada County Right to Farm Notice provided in Nevada County Code Section governing Resolution of Disputes in Agricultural Lands and Operations.

(Ord. 2427. (01/24/2017); Ord. 2286. (05/12 2009); Ord. 2533. (12/05/2023))

A.

Purpose. To minimize the impact on development associated with avalanches.

B.

Definitions.

1.

Avalanche Hazard Zones means areas where avalanches that could damage standard wood-frame structures and/or bury automobiles are expected to occur with a probability of one (1) chance in twenty (20) per year (red zone), less than one (1) chance in twenty (20) per year but more than one (1) chance in one hundred (100) per year (blue zone), or less than one (1) chance in one hundred (100) per year (yellow zone).

C.

Standards.

1.

When the County determines that any proposed project may be within the defined area, an Avalanche Hazard Study shall be prepared by a recognized and qualified avalanche hazard expert. The Study shall delineate what zones, if any, are associated with the project.

2.

Defined areas shall be zoned within the PSAA Potential Snow Avalanche Area Combining District. All projects shall comply with the provisions of this District, Section 12.02.076.

A.

Purpose. Cultural resources are fragile and irreplaceable and vital to the public education, economic prosperity, and cultural enrichment of all citizens and serve to preserve and enhance the historical character of the County. Site development standards shall be used in the preservation, protection and management of the County's unique natural, paleontological, archaeological, historical, architectural, cultural, traditional cultural resources.

B.

Definitions.

1.

Alteration means any act or process, through private or public action, that directly or indirectly changes the specified character-defining or physical features or architectural appearance of a significant cultural resource.

2.

Cultural Resources means archaeological and historical sites, structures, features, artifacts, and other historically important places, and Native American spiritual sites, as may be defined by the County of Nevada based upon recommendations by the Native American Heritage Commission or recognized Native American group, Nevada County Landmarks Commission, or the Nevada County Historical Society.

3.

Historic District means any area containing historic structures representing one (1) or more architectural periods or styles typical of the history of the County.

4.

Historic Structure means any structure that is at least fifty (50) years old and that has special historical, architectural, engineering, cultural, or aesthetic value, consistent with the National Register of Historic Places standards. This definition includes those structures determined to be historic by the Nevada County Historical Society and State Lands Commission. Structures that have achieved significance within the past fifty (50) years are generally not considered significant and eligible to the National register unless such properties are integral parts of districts that do meet the standards and/or if they are of exceptional importance.

5.

North Central Information Center means the California State University, Sacramento center that maintains the cultural resource inventory for the County, including a collection and maintenance of site records, and historic resources inventory forms. This inventory includes the full Historic Resources Inventory, the California Archaeological Site Inventory, the National Register for the State of California, the California State Historic Landmarks, the State Points of Historic Interest, and the California Register of Historic Places.

6.

Preservation means the identification, study, protection, restoration, rehabilitation, conservation, or enhancement of cultural resources.

7.

Qualified Native American Consultant means Native American individuals or organizations recognized by the Native American Heritage Commission, the Washoe Tribe of Nevada/California, or other Native American group or individual recognized as representative of the interests of local Native Americans.

8.

Qualified Professional means meets the standards as set by the Register of Professional Archaeologists (ROPA) and has demonstrated a familiarity with the archaeology and history of County of Nevada and/or adjoining regions of the north-central Sierra Nevada.

9.

Records Search means the review of records on relevant cultural resource sensitivity by the NCIC.

10.

Secretary of The Interior's Standards for Rehabilitation means guidelines prepared by the National Park Service for rehabilitating historic structures and the standards for historic preservation projects prepared by the National Park Service, with guidelines for applying the standards.

11.

Significance means noteworthy cultural resources in terms of integrity, research potential and public benefit as defined by the Nevada County General Plan, the National Register of Historic Places, the California Register of Historical Resources, CEQA, local standards, or as determined by the lead agency to be significant based on substantial evidence in the record.

12.

Traditional Cultural Property means an important cultural property associated with the cultural practices or beliefs of a living community that are rooted in that community's history, and are important in maintaining the continuing cultural identity of the community. Of special mention is the fact that Nevada County's jurisdiction is overlaid upon aboriginal and historical lands of Native Americans. These and inherent resources, as part of the Native American cultures, possess meaning and value to Native Americans living today. The Federal Native American Religious Freedom Act of 1979 provides protection for sites of Native American sacred significance.

13.

State Historic Building Code means requirements set by the State, pursuant to the Cal. Health & Safety Code §§ 18950—18962, regarding any alteration made to a cultural resource or structure within a historic district.

C.

Standards.

1.

For all applicable projects, the County shall direct the project applicant to initiate a North Central Information Center (NCIC) records search to provide the most current information about the sensitivity of the property to contain cultural resources and to assess the need for a cultural resource study. If the NCIC does not recommend a cultural resource study and if there are no recorded or known cultural properties or traditional cultural areas, the project applicant shall submit NCIC correspondence documenting such to the County, with the land use application.

Should the NCIC recommend a cultural resource study, the applicant shall retain a qualified professional to conduct a cultural resource study of the project area. This study shall document the presence or likelihood of potentially significant cultural resources. When the NCIC or the qualified professional decides that there is a high likelihood that Native American archaeological sites and/or spiritual and non-physical sites may be encountered during the inventory phase, a qualified Native American Consultant shall be consulted to incorporate their views regarding the potential importance of Native American sites in the project area. The study shall be submitted to the County with the land use application.

If no cultural resources are inventoried, or if no potentially significant cultural resources will be impacted by the project, the qualified professional will prepare a report documenting these findings to be submitted to the County of Nevada.

2.

Projects shall only be approved when they do not remove or disturb cultural resources, unless a Management Plan is prepared consistent with Subsection 3 below or other standards are met consistent with Subsection 4 below. Preservation and avoidance are the first priority.

3.

If the above standard effectively precludes development of the project or adversely affects another environmentally-sensitive resource, a Cultural Resource Management Plan shall be prepared by a qualified professional. The Plan shall provide for the analysis and determination of the significance of the cultural resource according to the importance standards listed in CEQA. It shall describe the results of a cultural resource investigation, illustrate potential conflicts with project design, assess impacts to resources, evaluate their significance, and attempt to design measures to mitigate impacts to insignificant levels. Plans shall follow the guidelines established in the State Office of Historic Preservation "Archaeological Resource Management Reports: Recommended Contents and Format." The Plan shall document the results of work performed during the inventory, evaluation and/or mitigation phases of study. Research designs shall follow the guidelines established in the State Historic Preservation Office "Guidelines for Archaeological Research Designs." Alterations made to a cultural resource or structure for its rehabilitation, preservation, restoration, or relocation shall be in accordance with the "Secretary of the Interior's Standards for Rehabilitation," prepared by the National Park Service, and the "State Historic Building Code."

If the cultural resource is determined not significant, or if the resource's potentially important information is recovered at the evaluation phase of research, the qualified professional's report documenting these findings shall be submitted to the County.

When sufficient planning flexibility, including density reduction or a revised project, does not permit avoidance of impacts to potentially significant cultural resources, measures for mitigating impacts to the resource, which allow maximum protection of the resource and/or maximum preservation of knowledge contained within the resource, shall be further developed by the qualified professional and implemented prior to the onset of project activities and as part of the condition of project approval.

Where Native American resources are involved, a qualified Native American Consultant shall be consulted to determine the potential importance of Native American resources in the project area and the appropriateness of mitigation measures. A report from the Native American Consultant, summarizing their findings should be a component of the final report. Upon completion of mitigation, the qualified professional will prepare a report documenting these findings to be submitted to the County.

4.

If preservation of a significant cultural resource is not possible, data recovery of an appropriate sample of the cultural resource, as determined by the qualified professional, shall be accomplished. Scientific data recovery may include: Collection of surface artifacts, archaeological excavation, intensive recordation, photo/video documentation, etc. For traditional cultural properties, other specialized means of mitigation may need to be implemented in consultation with the affected parties. Artifacts generated out of data recovery shall be permanently housed at an institution operating in accordance with the State guidelines for the curation of archaeological collections and in cooperation with local Native American entities.

5.

A condition of approval shall include a provision for cultural resources discovered during development construction. Any person who, in the process of project activities, discovers any cultural resources and/or human remains within the project area, shall cease from all project activities within at least two hundred (200') feet of the discovery. A qualified professional shall be notified to assess any discoveries and develop appropriate management recommendations for cultural resource treatment. In the event that human remains are encountered, the sheriff-coroner shall be notified immediately upon discovery. In the event that Native American human remains are encountered, the Native American Heritage Commission or the most likely descendants of the buried individual(s) who are qualified to represent Native American interests shall be contacted. Specific treatment of Native American human remains shall occur consistent with State law.

6.

The locations of cultural resources are confidential and are not circulated as part of public documents but are used for planning purposes only. This class of information is exempted from public access by the California Public Records Act (Cal. Gov't Code § 7920.000). It is unlawful, prohibited and a misdemeanor for any person to willfully disclose, sell or furnish to any person any map or record describing the nature of location of cultural resources, any copy thereof, or any information pertaining thereto, which has been prepared or maintained by the NCIC of the County of Nevada.

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

A.

Purpose. To mitigate the impact of development on major deer migration corridors, critical winter and summer ranges, and critical fawning areas, to retain critical deer habitat as non-disturbance open space, and ensure clustering of larger parcels in the western Rural Region to minimize impacts on deer habitat.

B.

Definitions.

1.

Major Deer Habitat means major deer migration corridors, critical winter and summer ranges, and critical fawning areas as defined by the State Department of Fish and Game staff or Migratory Deer Range Maps, or as determined by a qualified biologist.

C.

Standards.

1.

For all applicable projects, the applicant shall have a biological inventory prepared by a qualified biologist, to determine whether the habitat for the defined resource, or the resource itself may be affected by a proposed project.

2.

Projects shall be approved only when they are not within the defined area, unless a Management Plan is prepared consistent with Subsection 3 below.

3.

If the above standard effectively precludes development of the project or a revised project, a Management Plan shall be prepared by a qualified biologist, that avoids or minimizes impacts to deer and their habitat. If the entire site is within or adjacent to a habitat area, the plan shall provide for the development of the project on the least sensitive portion of the site.

4.

Clustering of development shall be required for all projects on parcels of twenty (20) acres or more within the North San Juan and Penn Valley areas where existing parcelization within two (2) square miles of the project site averages twenty (20) acres or more in size. The North San Juan area is defined as that area bounded by the South Yuba River, the Middle Yuba River, and the easterly Range 9 East boundary. The Penn Valley area is that area bounded by the South Yuba River, the northerly Township 14 North line and the westerly Range 8 East line.

5.

Clustering of development shall be required for all projects on parcels of forty (40) acres or more that are within a critical migratory deer winter range in Rural Regions west of Range 12 East line, where existing parcelization within two (2) square miles of the project site averages forty (40) acres or more in size.

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

A.

Purpose. To minimize the impact of earthquakes and seismic hazard on people and development.

B.

Definitions.

1.

Seismically Active Areas means areas determined to be within a seismic hazard zone or to have the potential to suffer ground rupture from active faults by the State Division of Mines and Geology.

C.

Standards.

1.

Projects shall be approved only when they are not within the defined area, unless the resource can be protected consistent with Subsection 2 below.

2.

If the above standard effectively precludes development of the project, a Management Plan shall be prepared by a certified engineering geologist or civil engineer that minimizes safety impacts associated with the project. The Management Plan shall include a Geotechnical Report that includes the following:

a.

Existing soils and geologic conditions, including location and chronology of local faults and epicenters, relationship of the site to said faults and epicenters, and other environmental factors, including rainfall, slopes, water table, vegetation, etc. that might affect soils and geologic conditions.

b.

Conclusions of potential seismic hazards relative to the specific intended land use.

c.

Recommended construction and/or land use restrictions that will avoid the hazard or lessen the hazard to an acceptable level, including construction techniques, building heights, site preparation measures, building setbacks, etc.

Where the Report determines that a seismic hazard does exist, conclusions and recommendations to lessen the seismic hazard shall be incorporated into the conditions of approval of the project. Where the Report determines that the seismic hazard cannot be lessened to an acceptable level, the project shall be denied.

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

A.

Purpose. To conserve energy resources without significantly increasing the cost of housing.

B.

Standards. All projects shall be designed to incorporate passive heating and cooling opportunities in the following manner:

1.

Development shall be designed to allow the retention or planting of deciduous shade trees along the south and west sides of structures and along access streets.

2.

Development, including landscaping, shall be designed to minimize obstruction of any developed solar access on an adjoining parcel.

3.

Subdivision design shall include building envelopes that are oriented for maximum solar access opportunities for future residences.

4.

Site planning for multi-family residential development shall incorporate techniques designed to maximize solar access, such as clustering development in areas with good solar orientation, east/west street orientation, uniform setbacks that increase south-wall exposure, height limitations for multi-structured developments, siting accessory structures so as not to shade the south walls of structures and siting parking areas to break shade or shadows.

5.

All subdivisions and multi-family housing projects shall be submitted to the Northern Sierra Air Quality Management District for review to determine compliance with Federal and State EPA emission standards.

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

A.

Purpose. To mitigate the impact of development on floodplains and to protect development and downstream users from the potential for hazards associated with flooding.

B.

Definitions.

1.

Floodway means the channel of any water course and adjacent lands that must be reserved in order to discharge the base flood without increasing the water surface elevation more than one (1) foot.

2.

Floodplain means areas adjacent to a watercourse or other body of water that are subject to inundation by floodwaters. Additional floodplain-related definitions can be found in the Flood Plain Management Regulations in this Code.

3.

100-Year Floodplain means any area of normally dry land with a one (1%) percent annual probability of being inundated by water.

C.

Standards. A project shall be approved only when it is determined by the Planning Agency that it will not adversely affect any of the following resources:

1.

Due to its extremely hazardous nature, projects within the floodway shall not be approved. Exceptions shall include utilities and public structures necessary to serve existing uses where there is no other feasible location and construction will not increase hazards to life or property within or adjacent to the floodplain.

2.

Within one hundred (100') feet of the 100-year floodplain.

3.

If Standard 2 above effectively precludes development of the project or a revised project, a Management Plan, prepared by a registered professional engineer and consistent with Federal Emergency Management Agency (FEMA) standards, shall be prepared that minimizes impacts to the floodplain.

4.

Development, including the placement of fill, within the 100-year floodplain shall require a Use Permit and shall comply with the standards of Title 18, Floodplain Management Regulations. Development within the 100-year floodplain will also require confirmation that applicable State Department Fish and Game stream alteration regulations have been satisfied.

5.

New utilities, critical facilities, and non-essential public structures shall be located outside the 100-year floodplain unless such facilities serve existing uses, there is no other feasible location, and construction of these structures will not increase hazards to life or property within or adjacent to the floodplain. Facilities within the 100-year floodplain shall require a Use Permit consistent with Subsection 4 above.

6.

Projects that may result in flood damage to downstream land uses shall not be allowed. Where determined necessary, retention/detention facilities shall be designed to protect downstream users and ensure that the water surface returns to its base elevation within twenty-four (24) hours after the storm event.

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

A.

Purpose. To protect significant mineral areas from incompatible land uses and to minimize land use conflicts between surface mineral extraction and processing and neighboring incompatible land uses.

B.

Definitions.

1.

Compatible General Plan Designations means those Nevada County General Plan designations compatible for surface mining, subject to approval of a Use Permit, including the Rural, Forest, Industrial, Public, Water, and Planned Development designations. All other designations are considered to be incompatible for, and do not allow, surface mining.

2.

Significant Mineral Areas means areas where information indicates that significant mineral deposits are likely present based on State Division of Mines and Geology's Nevada County Mineral Classification Report Maps, referred to as Mineral Resource Zones - 2 (MRZ-2).

C.

Standards.

1.

The clearing, cultivating, preparing or tilling of land to raise crops or livestock for commercial purposes, shall be allowed in significant mineral areas. All other projects that are not associated with mineral extraction shall be approved only when they are not within both Compatible General Plan Designations and significant mineral areas, unless a Management Plan is prepared consistent with Subsection 2 below or the project is within the Industrial General Plan designation.

2.

If the above standard effectively precludes development of the project, or adversely affects another environmentally-sensitive resource, a Management Plan shall be prepared by a professional registered engineer, a registered geologist or a land use planner, that avoids or minimizes impacts to the significant mineral area. If the entire site is within or adjacent to such an area, the plan shall provide for the development of the project on that portion of the site determined to have the least impact on the long-term management of the mineral resource.

3.

All land divisions and dwelling unit construction within one thousand (1,000') feet of an area zoned within the ME District shall be developed to ensure that said development is located as far removed from the area zoned ME as is reasonably possible. In determining the most appropriate location for proposed parcels and/or dwelling units, the applicant shall clearly demonstrate that there is no other site more suitable to minimize potential land use conflicts with existing or future mining operations.

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

A.

Purpose. To avoid the impact of development on rare, threatened, endangered, and special-status species and their habitat, or where avoidance is not possible, to minimize or compensate for such impacts, and to retain their habitat as non-disturbance open space.

B.

Definitions.

1.

Rare, Threatened and Endangered Species means animals and plants listed in Federal and State codes and regulations as rare, threatened or endangered.

2.

Special Status Species means animal and plant species that are listed, proposed, or candidates for listing as threatened, rare, endangered, fully protected, or species of concern by the Federal and/or California State governments, and plants considered by the California Native Plant Society as rare, threatened, or endangered.

C.

Standards.

1.

All project applicants are required to comply with the requirements of the Federal Endangered Species Act (FESA) and the California Endangered Species Act (CESA).

2.

For all applicable projects, the applicant shall have a biological inventory prepared by a qualified biologist, to determine whether the habitat for the defined resource, or the resource itself may be affected by a proposed project.

3.

A project shall be approved only when it is determined by the Planning Agency that it will not adversely affect the defined species or their habitat, and that it will result in no net loss of habitat function or value for the defined species. Project applicants shall obtain appropriate authorizations from the U.S. Fish and Wildlife Service and State Department of Fish and Game prior to County approval. Any provisions to avoid, mitigate, or compensate for impacts to the defined species contained in such authorizations shall become conditions of approval of the project.

4.

When it is determined that a project will adversely affect the defined species or their habitat, a site-specific Habitat Management Plan shall be prepared. The Plan shall be prepared by a qualified biologist to comply with the requirements of the Federal Endangered Species Act (FESA) and the California Endangered Species Act (CESA) and shall also include special status species. The Plan shall provide the background data, impact analysis, and mitigation programs necessary to obtain a FESA Section 10(a) and CESA Section 2081 permit authorizing incidental take of Federal and State listed threatened and endangered species that occur in areas proposed for future development. The objectives of the Plan shall be to avoid and minimize impacts to the defined species to the fullest extent feasible and to provide for no net loss of species, including species population area and number of individuals.

The Habitat Management Plan to protect rare, threatened, endangered, or special status species and their habitat, may include mitigation measures such as avoiding, minimizing, and compensating as defined in Section governing General Provisions of Resource Standards. Habitat restoration may also be required. The ratio of habitat protected to habitat altered due to development activities and related edge effects may be determined by staff, based on recommendations from the project biologist in consultation with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The Habitat Management Plan shall describe and provide a mechanism for permanent protection and maintenance of any non-disturbance area or off-site compensation areas to achieve long-term habitat goals. Funding mechanisms for long-term maintenance shall also be described.

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

A.

Purpose. To preserve the natural, topographic, and aesthetic characteristics of steep slopes, and to minimize soil erosion, water quality impacts, earth movement and disturbance, and the adverse impact of grading activities, while providing for reasonable use of private property.

B.

Definitions.

1.

Steep Slopes means slopes of thirty-plus percent (30+%).

2.

High Erosion Hazard Areas means areas determined to have highly-erodible soils based on soils surveys prepared by the U.S. Soil Conservation Service and U.S. Forest Service.

C.

Standards.

1.

Development, including access, shall be approved only when not within the defined areas, except as provided in this Section.

2.

Limited development is allowed on steep slopes, subject to a grading permit pursuant to this Code (Grading Ordinance). If the amount of disturbance does not require a grading permit, limited development shall be subject to an Erosion and Sediment Control Plan, approved by the Building Department. Limited development shall mean the following:

a.

Utility trenching, including, but not limited to, water, electric, gas, sewer and phone lines.

b.

Crop and tree planting.

c.

Water wells and sewage disposal systems for allowed on-site uses.

d.

Ground-mount solar arrays for permitted residential uses, utilizing screw pile or driven pile foundations.

e.

No more than one (1) single-family residence, including driveway access to the residence, is allowed within steep slopes, on a parcel legally created, or approved by the Nevada County Planning Agency, prior to October 12, 1981, subject to the issuance of a grading permit pursuant Grading Standards of this Code, and the following standards:

1)

Lot pad grading shall be limited in size to a maximum five thousand (5,000) square feet, to allow for the construction of the primary single-family residence, a garage, a yard, and parking area.

2)

Cut or fill slopes shall be designed and constructed to not exceed a vertical height of ten (10') feet.

3)

Slopes created by grading shall not exceed a ratio of two to one (2:1) (horizontal to vertical), unless a steeper slope is certified by a geotechnical engineer to be stable.

4)

Structures are designed to "fit" or step up the natural slope by using split pads, stepped footings and grade separations.

5)

All outdoor light fixtures on steep slopes shall be fully shielded to prevent the light source of lens from being visible from adjacent properties and roadways. Mercury vapor light fixtures, floodlights and spotlights shall be prohibited.

6)

Driveway access shall comply with Driveway Regulations in Fire Safety Regulations of this Code.

3.

If Standard 1 effectively precludes development of the project or a revised project, disturbance within the defined area is allowed subject to the approval of a Management Plan, pursuant to Section 12.04.203.C of this Chapter, and the following:

a.

The Management Plan shall consist of an Erosion and Sediment Control Plan, prepared by a licensed geotechnical or civil engineer, engineering geologist, or certified soil erosion control specialist. The Plan shall comply with the erosion control standards of Buildings Regulations, Article 3: Uniform Building Code Amendments, and shall provide for, at a minimum, the structural control of flowing water and vegetative measures necessary to stabilize the soil surface. If the entire site is within a high erosion area, the Plan shall provide for the development of the project on the least sensitive portion of the site. Where seeding is deemed necessary in order to stabilize the soil surface, only native seed mixes shall be used. Where native seed mixtures are not available, then non-seed measures such as straw wattles, chips, erosion control blankets and weed-free straw shall be used.

b.

The Management Plan shall be approved, provided the following findings can be made:

1)

That the proposed development ensures the preservation of the natural and topographic character of the slope; and

2)

The aesthetic quality of the slope is ensured, including the preservation of significant rock outcroppings and native plant materials; and

3)

That alternatives to development on steep slopes are not feasible; and

4)

That disturbance of steep slopes is minimized to the greatest extent possible; and

5)

That water quality problems created by sedimentation and/or excessive vegetation removal are minimized.

4.

All grading within the defined area that requires a grading permit shall include an evaluation by a registered geotechnical engineer who shall provide a written determination as to whether a design level, geotechnical investigative report is recommended. If recommended by the geotechnical engineer, a design level geotechnical investigative report, prepared by a registered geotechnical engineer, shall be included with the grading permit. The report shall include, but not be limited to, comments on slope stability, retaining wall design, foundation design, and other impacts associated with the disturbance of steep slopes. The report shall explain how the design of the project addresses those issues.

5.

Fuel modification shall be provided and maintained around all structures developed on steep slopes, as follows:

Fuel Models

* Northern Forest Fire Lab Fuel Models

(Ord. 2152. (05/25/2004); Ord. 2529. 09/12/2023); Ord. 2533. (12/05/2023))

A.

Purpose. To protect important timber resources, and to ensure that development does not adversely impact timber resource management.

B.

Definitions—Important Timber Resources. Parcels that are forty (40) acres or larger, and mapped within the forest designation, that have ideal soil characteristics for timber production, identified as those soils having a high site class or index by the Soil Surveys of Nevada County, prepared by the Soil Conservation Service and the Tahoe National Forest.

C.

Standards.

1.

Projects shall be approved only when they are not within the defined area, unless a Management Plan is prepared consistent with Subsection 2 below.

2.

If the above standard effectively precludes development of the project, or adversely affects another environmentally-sensitive resource, a Management Plan shall be prepared by a registered forester, a certified arborist, or a qualified botanist or biologist, that avoids or minimizes impacts to the defined area. If the entire site is within or adjacent to such an area, the plan shall provide for the development of the project on that portion of the site determined to have the least impact on the long-term management of the timber resource.

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

A.

Purpose. To minimize removal of existing trees and protect existing trees during construction. To encourage protection of trees to provide suitable habitat for native wildlife. To preserve and minimize the disturbance of landmark and heritage trees and groves from development projects through on-site vegetation inventories, mandatory clustering, and other measures necessary to protect such habitat. To maximize the long-term preservation, protection, and integrity of their natural setting.

B.

Definitions.

1.

Landmark Trees means any oak (Quercus species) thirty-six (36) or more inches at diameter breast height (dbh or four-foot six inches (4′ 6″)), or any tree whose size, visual impact, or association with a historically significant structure or event has caused it to be marked for preservation by the County, State, or Federal government.

2.

Landmark Groves means hardwood tree groves with thirty-three-plus percent (33+%) canopy closure, or groves whose size, visual impact, or association with a historically significant structure or event has caused it to be marked for preservation by the County, State, or Federal government.

3.

Heritage Trees and Groves means a tree or a group of hardwood trees designated by the Board of Supervisors to be of historical or cultural value, outstanding specimens, unusual species, or of significant community benefit due to size, age, or any other unique characteristic and considered to be in good health.

C.

Standards.

1.

For all applicable projects, the applicant shall have a biological inventory prepared by a qualified biologist, to determine whether the habitat for the defined resource, or the resource itself may be affected by a proposed project.

2.

Projects shall be approved only when they do not remove or disturb defined trees or groves, unless a Management Plan is prepared consistent with Subsection 3 below or other standards are met consistent with Subsection 3 below. Exempted from this standard shall be trees or groves determined to be dead, dying, or a public safety hazard by a certified professional arborist, licensed landscape architect, registered professional forester, or qualified biologist or botanist (referred to herein as a qualified professional). In addition, exemption shall apply to those trees that must be removed to ensure fire safe access or provide adequate fuel reduction as determined by the California Department of Forestry or local fire district. Tree removal may also be allowed where necessary to provide for site access and public utilities or public right-of-way.

3.

If the above standard effectively precludes development of the project or a revised project, or adversely affects another environmentally-sensitive resource, a Management Plan shall be prepared by a certified arborist, registered forester, qualified biologist or botanist, or landscape architect. Said Plan shall evaluate the impact of the project on defined trees and groves and recommend project modifications that avoid or minimize impacts. Emphasis shall be placed on protecting groups of trees rather than individuals. Defined trees that must be removed shall be replaced on an inch for an inch replacement of the removed tree(s). The total of replacement trees shall be required to have a combined diameter of the tree(s) removed. The Plan shall provide for the long-term maintenance of the replacement trees.

Management Plans shall emphasize protection of two (2) varieties of oak: Blue Oak (Quercus Douglasii) and Valley Oak (Quercus Lobata). Both are of very limited distribution in the County and considered to be sensitive plants worthy of special protection.

4.

If impacts remain, or if the Planning Agency determines that the planting of replacement trees is infeasible or the project site is not capable of supporting all the replacement trees, the applicant shall pay to Nevada County the current market value of the tree removed and the value of the replacement trees (including the cost of planting and maintenance), as established by a qualified professional, to go into a Tree Preservation Fund. Fund monies received in lieu of replacement trees shall be used for the planting and maintenance of trees on publicly owned property, or for purchase of replacement habitat.

5.

The above standards shall also apply in those instances in which it can be determined that a defined tree or grove has existed on site three (3) years prior to project application. In such instances, standards under Subsections 1, 2, and 3 above shall be implemented as though the trees or groves were still on-site.

6.

Alternative standards to those above may be applied where the Planning Agency finds that the alternative standards have the same practical effect, further the intent of this Section, and provide equal or greater mitigation.

7.

Protection of all trees and groves to be retained during and after project construction shall occur consistent with a Tree Protection Plan prepared by a qualified professional, as listed in Subsection C.1 above. Said Plan shall specify pre-construction and post-construction protection measures. Pre-construction measures shall identify a tree protection zone and protection type (typically fencing), specify work required prior to construction (pruning, bracing systems, mulch, pest management, irrigation, fencing installation), and construction plans. Post-construction protection measures and specifications shall detail specific protection requirements, i.e., water needs, monitoring, and maintenance to ensure long-term care.

8.

Where the County determines that vegetation identified as an environmentally sensitive resource as defined by General Plan Policy 1.17, has been removed from the site in anticipation of development, or, within one (1) year prior to submittal of a land use application, the following shall be required:

Prior to issuance of any development permits (i.e., grading or building permits), the developer shall fund a native plant restoration program to return the site to a naturally-functioning habitat. If on-site restoration is not feasible, the restoration program shall include the identification of a suitable replacement site to be reviewed and approved of by the Nevada County Planning Agency. The restoration program shall include the hiring of a specialist, selected and contracted by the County, to: (1) identify a suitable location or replacement site for the vegetation that has been removed, with the preferred location being the project site or within the vicinity of the site; (2) prepare a restoration, monitoring, and maintenance plan; (3) initiate the restoration; and (4) conduct a five-year maintenance and monitoring program. The developer shall record or cause to record, a conservation easement on the selected property to preserve the restored habitat in perpetuity. The applicant shall be responsible for incurring all costs associated with the restoration project. The restoration shall represent a three-to-one (3:1) ratio of habitat restored to habitat lost.

9.

Tree Removal Near Nevada City.

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.

6)

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 protect the natural appearance and aesthetic quality of visually prominent ridgelines and large-scale viewsheds.

B.

Definitions.

1.

Visually Important Ridgelines and Viewsheds means visibly prominent ridgelines, and large-scale viewsheds considered to be of high natural scenic quality and are highly visible from public roadways, parks and other public places.

C.

Standards.

1.

In no case shall the roofline or any portion of a structure extend above a visually important ridgeline.

2.

Site grading shall not alter the existing silhouette of visually important ridgelines.

3.

When the County determines that a project may impact a visually important ridgeline or viewshed, a Management Plan shall be prepared by a land use planner, an architect, or landscape architect. This determination may be based on a County-wide or area-wide inventory of visibly prominent ridgelines and large-scale viewsheds, or, in the absence of an inventory, upon a determination that the proposed project may be likely to impact a visually important ridgeline or viewshed.

The Management Plan shall include a Visual Analysis which shall normally include a determination of the geographical location and level of visual quality of the defined area. It shall normally include a determination of the number and type of existing and potential viewers, viewing distance, angle, focal point, and landscape and topographic variety and uniqueness. The Management Plan shall delineate specific protective measures and impact controls necessary to minimize visual impact to the maximum extent possible.

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

A.

Purpose. To preserve the integrity and minimize the disruption of watersheds and watercourses. To preserve stream corridors and riparian habitat, ensure adequate protection of stream values, and protect stream corridors for wildlife movement and foraging. To avoid the impact of development on wetlands, or where avoidance is not possible, to minimize or compensate for such impacts, to provide for minimum setbacks to protect resources values, and to retain wetlands as non-disturbance open space.

B.

Definitions.

1.

Canal means any man-made open watercourse designed to carry water for domestic or agricultural purposes.

2.

Riparian Area means vegetative and wildlife areas associated with and adjacent to streams and water bodies.

3.

Watercourses, Perennial means natural or once natural flowing bodies of water, including natural waterways that have been channelized, which flow continuously through a bed or channel having banks. All streams, creeks, lakes, ponds and reservoirs shown on the 7.5-minute USGS maps as perennial are included in this definition unless professional evaluation determines the watercourse to be intermittent or seasonal.

4.

Watercourses, Intermittent, or Seasonal means a body of water which flows only at certain times of the year when it receives water from ground or surface sources.

5.

Wetlands means an area inundated or saturated by surface or groundwater at a frequency and duration to support a prevalence of vegetation typically adapted for life in saturated soil conditions.

6.

Wetland and Riparian Mitigation Banking means the process of engaging in a transaction wherein mitigation bank credits are sold from a qualified wetland mitigation bank site to compensate for wetland and riparian impacts at the site of impact.

C.

Standards. A project shall be approved only when not within the following non-disturbance buffers, unless a Management Plan is prepared, consistent with Subsection 7 below, or unless greater or lesser setbacks are delineated on the Zoning District Map, which shall be adhered to:

1.

For all applicable projects, the applicant shall have a biological inventory prepared by a qualified biologist, to determine whether the habitat for the defined resource, or the resource itself may be affected by a proposed project.

2.

Within one hundred (100') feet of the high-water mark of perennial streams and watercourses.

3.

Within fifty (50') feet from the highwater mark of intermittent watercourses.

4.

Within one hundred (100') feet of all wetlands and riparian areas.

5.

Within one hundred (100') feet of the canal water surface on the uphill side of a canal; and within twenty (20') feet on the water surface on the downhill side of a canal.

6.

A project shall be approved only when it is determined by the Planning Agency that it will not adversely affect any wetlands over one (1) acre, or riparian areas, and that it will result in no net loss of habitat functions or values of the wetlands or riparian area.

7.

Project applicants shall obtain appropriate authorizations from the U.S. Fish and Wildlife Service, State Department of Fish and Game, and U.S. Army Corps of Engineers prior to project approval. Any provisions to avoid, mitigate, or compensate for impacts to the wetlands or riparian areas contained in such authorizations shall become conditions of project approval.

8.

If the above standards effectively preclude development of the project or a revised project, or adversely affects another environmentally-sensitive resource, a Management Plan, prepared by a qualified biologist or botanist, shall be prepared that avoids or minimizes impacts to the resource.

An alternative is the on-site or off-site creation, restoration, replacement, enhancement, or preservation of wetlands or riparian areas. This alternative may be preferred where the remaining protected wetlands or riparian areas are small, isolated, and of low habitat value. Such areas shall take into account both site location and wetland or riparian type.

The following wetland or riparian area types shall be allowed as mitigation in descending order of general acceptability:

a.

In-kind, on-site.

b.

In-kind, off-site.

c.

Out-of-kind, on-site.

d.

Out-of-kind, off-site.

Such wetlands or riparian areas shall be maintained in perpetuity in order to compensate for the permanent effect of the project through recordation of a restrictive document. Such wetlands or riparian areas shall ensure full replacement of wetland or riparian areas lost at a minimum of not less than a two to one (2:1) ratio.

Mitigation can involve the purchase of compensatory habitat acreage within Nevada County of comparable or superior quality within a qualified wetland or riparian area mitigation banking site in the County of Nevada ensuring full replacement consistent with the above standard. The bank developer shall provide assurance to the County that the created wetlands or riparian areas are permanently protected and maintained.

These standards shall not apply to open air structures, including docks, piers, boat hoists and canopies, as defined in Exceptions to Setbacks in this Code.

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

A.

Purpose. To prevent or minimize the impact of wildland fire hazard associated with development.

B.

Definitions.

1.

Dead End Road means a road which has only one (1) point of vehicular ingress/egress, including cul-de-sac and looped roads.

2.

Wildland Fire Hazard Areas means those areas within the unincorporated area of Nevada County that are mapped on the CALFIRE "Fire Hazard Severity Zone" maps which are rated for wildland fire potential.

C.

Standards.

1.

All development shall comply with the applicable fire protection-related provisions of the following chapters of this Code:

a.

Zoning Regulations, which establishes residential and rural base district side yard and rear yard setback standards.

b.

Fire Safety Standards, which establish fire safe building codes relative to building construction.

c.

Street Addressing and Naming, which requires the naming and posting of roads and the posting of street addresses.

d.

Fire Safety Regulations, which establishes regulations for fuel modification, water storage, and driveway construction.

e.

Road Standards, which establishes minimum standards for fire safe road construction and maintenance.

2.

Unless otherwise exempted by this Chapter, all discretionary and Administrative Development Permit projects within a high or very high fire hazard zone shall comply with the following standards:

a.

Create defensible space by removing and reducing brush, flammable vegetation or combustible growth consistent with the provisions of 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 and the Nevada County Defensible Space Standard described in General Plan Policy FP10.11.1.1. Defensible space treatment shall be completed, and inspected by the County Fire Marshal, or their designee, prior to the granting of any occupancy of new structures.

b.

Provide secondary access where the project is served by a dead-end road that exceeds the maximum length established by County Road Standards. Secondary access roads shall be improved to the Fire Standard Access Road standard and consistent with the provisions of County Road Standards.

3.

All driveways serving new residential units, and that are between one hundred fifty (150') feet and eight hundred (800') feet in length shall construct a turnout near the midpoint of the driveway. Driveways exceeding eight hundred (800') feet in length shall provide turnouts no more than four hundred (400') feet apart.

4.

All discretionary projects within the very high wildland fire hazard area severity zone shall submit a Fire Protection Plan to be approved by the Nevada County Fire Marshal and/or their designee. The approved original shall be kept on file at the County Planning Department and an approved copy shall be provided to and kept on file with the appropriate fire district. The plan shall be site specific to the project and shall include the following:

a.

Identification of the proximity to emergency responders and estimated emergency response times;

b.

Description of the primary and, if applicable, secondary, access road conditions;

c.

Identification of the project's emergency water supply or emergency water storage facilities consistent with Fire Safety Regulations of this Code;

d.

Identification of any proposed or required fire sprinkler system;

e.

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

f.

Identification and use of clustered buildings and/or building sites and where feasible, the use of common driveways and access roads; and

g.

A Fuels Management Plan that includes:

1)

Identification of the project's defensible space design, consistent with 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;

2)

Identification of high fuel load areas;

3)

Provisions to ensure that adequate defensible space is provided including, but not limited to, the use of increased property line setbacks or fuel modification zones or easements around newly created lots;

4)

Identification of the mechanism proposed for maintaining defensible space; and

5)

Use of fire-resistant plantings for all landscaping required by County Ordinance using the most current Fire-Wise Plant Book prepared by the Fire Safe Council of Nevada County, or similar publication.

The above fire prevention measures shall be incorporated into the project unless specific findings can be made and supported by the responsible fire agency which demonstrate that one (1) or more of the Fire Protection Plan components are not necessary because of the project's location, design and/or specific site features and because the project will not add to the cumulative fire hazard within the project area.

(Ord. 2474. (01/14/2020); Ord. 2533. (12/05/2023))