- A -

Abandoned Vehicle means a vehicle or part thereof over which the vehicle owner has ceased to assert or exercise any interest, right or title therein without intent to resume or reassert such interest, right or title.

Access or Access Way means the place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this Chapter.

Agricultural Operation is any land-related activity for the purpose of cultivating or raising plants or animals or conserving or protecting lands for such purpose and is not surface mining or borrow pits operations.

Airport or Airstrip means an area of land, whether public or private, used or intended to be used for the landing and takeoff of aircraft and which may include structures and facilities for the loading or unloading of cargo, passengers, fuel or related activities.

Airport Elevation/Field Elevation means the highest point of an airport's usable landing area measured in feet above mean sea level.

Airport Land Use Commission (ALUC) means the State-authorized body having the responsibility to develop plans for achieving land use compatibility between airports and their environs. For the Nevada County Airpark and the Truckee-Tahoe Airport, the ALUC is the Foothill Airport Land Use Commission.

Alcoholism And Drug Abuse Recovery or Treatment Facilities means any supervised facility, place, or structure which provides 24-hour residential non-medical services in a group setting to adults, licensed and regulated by the State of California.

Alteration means any change or modification to a structure, architectural details or visual characteristics, such as paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbance of archaeological sites or areas, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories, which affect the visual qualities or use of property.

Apartment means a room or suite of two (2) or more rooms occupied or suitable for occupancy as a residence for one (1) family and included as an independent unit in a structure or development containing two (2) or more of such units.

Area Plan means a specialized policy document that addresses a particular region or community within the overall planning area and is a part of a General Plan. An Area Plan refines the policies of a General Plan as they apply to a smaller area and is implemented by local ordinance such as those regulating land use and subdivision.

Auditorium means a building or portion thereof used for public gatherings, including but not limited to sports, musical, or cultural events.

Auto Repair means a business engaged in the repair and maintenance, including tire sales and service, of motor vehicles and trailers.

- B -

Basement means a story partially or wholly underground and not having more than three (3') feet of its height above the adjoining grade at any point.

Bar means an establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises; may also include entertainment and sale and consumption of food on the premises; also includes cocktail lounges and taverns.

Biomass Fuel Production means a facility that produces energy through the burning of organic material.

Board Of Supervisors or "Board" means the Board of Supervisors of the County of Nevada.

Boarding House means an owner-occupied single-family residence where lodging and meals are provided for compensation for no more than five (5) persons.

Breezeway means a roofed passageway, the design and construction of which is in keeping with that of the main and attached accessory structure, which provides direct access between a main and accessory structure, complying with all requirements of attached accessory structures.

Building means any permanent structure built or maintained for the support, shelter or enclosure of persons, animals, chattels, or property of any kind. The word "structure" as used in this Chapter includes the word "building."

Building Accessory means a structure or a portion of a structure, either attached or detached, which is subordinate to, and the use of which is incidental to, that of the main structure or use on the same premises.

Building, Main means a structure within which is conducted the principal use permitted on the premises as provided by this Chapter.

Building Supply Sales and Storage means retail establishments selling lumber and other building materials, including electrical, plumbing and hardware supplies, paint, nursery stock, lawn and garden supplies, and similar items.

Business. See Commercial.

- C -

Campgrounds means facilities to accommodate two (2) or more camping parties for a period of less than thirty (30) days. This definition includes but is not limited to facilities for tents, cabins, recreational vehicles, truck campers, tent trailers, and motor homes. See Section governing Zoning Regulations, Specific Land Uses, "Campgrounds and Camps, Low-Intensity" for a definition of low-intensity campgrounds.

Camps means facilities providing for a sustained experience through various social, recreational, educational, and/or religious opportunities in a group setting, for a period of less than thirty (30) days. They normally include trained leadership, organized programs, and the resources of the natural surroundings to provide for this experience. Individual facilities may include cabins, tent sites, recreational vehicles, sleeping platforms, group eating and meeting facilities, lodges, various indoor and outdoor recreational facilities, and similar facilities. See Section governing Zoning Regulations, Specific Land Uses, "Campgrounds and Camps, Low-Intensity" for a definition and standards for low-intensity camps.

Carport means a roofed structure, or a portion of a structure, open on two (2) or more sides primarily for the parking of automobiles belonging to the occupants of the property.

Cemetery means any one (1), or a combination of more than one (1), of the following in a place used, or intended to be used, and dedicated for burial purposes: A burial park for earth interments, a mausoleum for crypt or vault interments and a crematory or a crematory and columbarium for cinerary interments.

Clustering means development in which structures are placed in closer proximity than usual or where provisions are made for variations in parcel size or configuration regardless of the minimum parcel size allowed by the zoning district, thus retaining in permanent open space those areas with sensitive environmental features or constraints.

Commercial means the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for livelihood or profit including shops for the sale of personal services, (including professional services) and places where commodities or services are sold or are offered for sale either by direct handling of merchandise or by agreements to furnish them.

Commercial, Strip means commercial development, usually one (1) store deep, that fronts on a major street for a distance of one (1) city block or more. It normally includes individual structures on their own parcels, with or without on-site parking, and small linear shopping centers with shallow on-site parking in front of the stores.

Commercial Uses, Temporary. See Temporary Commercial Uses.

Community Care Facility means any facility, place, or structure which is State licensed, and maintained and operated to provide non-medical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, excluding daycare centers, small family daycare homes and large family daycare homes but including residential care facilities and social rehabilitation facilities.

Community Plan means authorized by Cal. Pub. Res. Code § 21083, is a specialized policy document that addresses a defined geographic portion of the total area included in the General Plan and is part of the Plan. A Community Plan refines the policies of a General Plan as they apply to a smaller area and is implemented by local ordinance such as those regulating land use and subdivision. It must include or reference all of the General Plan's mandated elements and must contain specific development policies and identify measures that implement the policies.

Construction means the placing of construction materials in their permanent position fastened in a permanent manner, except that where a basement is being excavated, such excavating shall be deemed to be construction or where demolishing or removal of an existing structure has begun preparatory to rebuilding, such demolition or removal shall be deemed to be construction, providing in all cases that construction work be diligently carried on until the completion of the structure involved.

Contractor's Equipment Yard.

Convalescent Home means a facility licensed by the State Department of Health Services providing skilled nursing care and supportive service to patients whose primary need is for availability of skilled nursing care on an extended basis. Such facilities normally offer 24-hour care and include medical, nursing, dietary, pharmaceutical, and activity services.

Country Club means a club organized and operated primarily for social and outdoor recreation. Includes incidental accessory uses and structures.

- D -

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

Daycare, Large Family means where resident child daycare services are provided in the home for seven (7) or more children, including the resident children, under the age of ten (10) years, or as provided for in Health & Safety Code § 1596.78.

Daycare, Small Family means where resident child daycare services are provided in the home for six (6) or fewer children, including the resident children, under the age of ten (10) years, or as provided for in Cal. Health & Safety Code § 1596.78(c).

Development means the physical extension and/or construction of urban land uses. Development activities include the subdivision of land; construction or alteration of structures, roads, utilities, and other facilities; installation of septic systems; grading; deposit of refuse, debris, or fill materials; and clearing of natural vegetative cover (except for agricultural activities). Routine repair and maintenance activities are exempted.

Disabled Independent Living Center means a multiple-family residential development that provides for occupants who are disabled and their families. Such center may consist of, but is not limited to, individual apartment units, community dining centers, and common indoor and/or outdoor recreation facilities. All facilities shall be physically accessible to the disabled citizens they are intended to serve.

Dismantled Vehicle means a vehicle which has been taken apart, or to pieces, and/or stripped, or otherwise deprived of its integral parts or equipment.

Dwelling means a structure or portion thereof designed and used for long-term residential occupancy, including single-family, multiple-family, and dwelling groups.

Dwelling, Accessory has the same meanings as defined by Cal. Gov't Code § 65852.2.

Dwelling, Group means a combination or arrangement of primary dwellings, including single-family and multiple-family dwellings and community trust and co-housing, whether attached or not, on one (1) building site, but which does not mean employee housing as regulated by this Chapter.

Dwelling, Junior Accessory has the same meanings as defined by Cal. Gov't Code § 65852.22.

Dwelling, Multiple-Family means a structure containing two (2) or more kitchens, provided that one (1) of the units is not an accessory or junior accessory dwelling unit, designed or used for the occupancy of two (2) or more families living independently of each other. See Section governing Zoning, Specific Land Uses, Residential Dwellings, Multi-Family.

Dwelling, Single-Family means a structure containing not more than one (1) kitchen, designed or used for the occupancy of one (1) family, and may include Accessory and Junior Accessory Dwellings.

Dwelling Unit, Accessory. Accessory Dwelling Units (ADUs) have the same meanings as defined in the California Government Code.

Dwelling Unit, Junior Accessory. Junior Accessory Dwelling Units (JADUs) have the same meanings as defined in the California Government Code.

- E -

Easement means that portion of a lot or lots reserved for present or future use by a person or agency other than the legal fee owner(s) of the property and which may be for use on, under or above said lot or lots.

Emergency Shelter Housing means any residential facility which provides emergency housing for families or individuals who are in need of protection from threatening environments. And which is operated by, or under contract to, a governmental entity, non-profit organization, or church, and has 24-hour oversight and counseling service available.

Equipment Rental and Leasing Facilities means commercial facilities for the leasing and renting of a wide variety of equipment for the homeowner and contractor, including equipment associated with construction, repair, moving, towing, trenching, cleaning, painting, lawn and garden management, and similar activities.

Equipment Storage Building means an accessory structure necessary to house equipment related directly to an allowed use.

Erect means to build, construct, attach, hang, place, suspend or fix.

Exterior Architectural Feature means the architectural elements embodying style, design, general arrangement and components of all of the outer surfaces of an improvement, including but not limited to, the kind, color, and texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvements.

- F -

Family means one (1) or more persons, related or unrelated, living together as a single integrated household in a dwelling unit.

Farming means the cultivation, growing, harvesting, packing, processing, raising, selling, and storing of agricultural products. Typical farming operations include, but are not limited to, animal husbandry, apiculture, aquaculture, crop and tree farming, and viticulture.

Feedlot means any structure, pen, or corral wherein cattle, horses, sheep, goats, and swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market.

Feed Store means a retail store established primarily for the sale of food for farm and domestic animals and farm supplies in which the entire conduct of the business, with the exception of hay and straw storage, must be confined to the inside of a structure.

Fitness Center means a facility providing primarily indoor fitness activities, programs, and equipment for personal use. Such facilities may include exercise rooms, weight rooms, racquetball courts, swimming pools, spas, locker rooms and showers, and similar facilities.

Flea Markets (or Swap Meets) means outdoor areas where new or used goods or secondhand personal property are offered for sale or exchange to the general public by a multitude of vendors, and where a fee may be charged to vendors for the privilege of displaying such merchandise, or as amended by Cal. Bus. & Prof. Code § 21661 and Cal. Rev. & Tax. Code § 6073.

Forest Management means the application of business method and forestry principles to the operation of a forest property for the purpose of maintaining forest resources and producing a continuous supply of forest products. Forest management practices include, but are not limited to, site preparation, planting, harvesting, road construction, insect and disease control, inventory and fire protection.

Funeral Home means a structure used for funeral services, including facilities for embalming, the performance of autopsies, preparation of the dead for burial, cremation, and related facilities.

- G -

Garage, Private (or carport) means a detached or attached accessory structure on the same parcel as a dwelling used for the housing of vehicles of the occupants of the main structure.

Garage, Public or Commercial means a structure or portion thereof other than a private garage designed or used for equipping, servicing, repairing or storing motor-driven vehicles.

Greenhouse, Commercial means a structure including a lathhouse which is devoted to the propagation, protection or cultivation of flowers or other plants, for the purpose of wholesale or retail plant sales.

Greenhouse, Private means a structure including a lathhouse which is devoted to the propagation, protection or cultivation of flowers or other plants, and which is devoted to personal use of the owner or occupant of the property.

- H -

Hazardous Waste Management Facility means a facility for the systematic control of the storage, transportation, processing treatment, collection, source separation, recovery and disposal of hazardous wastes. May include administrative, financial, legal and planning activities as well as operational aspects of hazardous waste handling, disposal and resource recovery systems.

Heliport means a landing and takeoff place for helicopters.

Highway means a major or secondary highway or any arterial delineated on the General Plan or Circulation Element, publicly owned and maintained.

Home Business means a commercial activity conducted by the occupants of a particular dwelling on property zoned for residential use, in a manner incidental to residential occupancy.

Hospital means a facility licensed by the State Department of Public Health Services, providing 24-hour a day inpatient care including medical, surgical, nursing, emergency and dietary services. Also provides for intermediate care, skilled nursing, and acute care facilities as defined by the California Code of Regulations.

Hotel means any structure with access provided through a common entrance, lobby, or hallway to six (6) or more guestrooms, having no cooking facilities, with rooms designed, intended, or used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests.

- I -

Implement of Husbandry means a vehicle which is used exclusively in the conduct of agricultural operations and is not primarily designed for the transportation of persons or property on a highway.

Improvement means any structure, place, parking facility, fence, gate, wall, work of art or other object constituting a physical betterment of real property, or any part of such betterment.

Industrial means the manufacturing, production, processing, assembly, warehousing, distribution and servicing of products and materials.

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

Inoperative Vehicle means a vehicle which is physically incapable of working, functioning, or otherwise operating to produce its designed effect.

Intermediate Care Facilities means residential facilities providing primarily short-term in-patient nursing and health-related care as a principal use (see also Hospital).

- J -

None listed.

- K -

Kennel, Commercial means any shelter maintained for the purpose of boarding dogs and/or or cats for a fee, or any shelter where more than three (3) dogs and/or cats over the age of six (6) months are kept, harbored or maintained for the purpose of breeding, raising or training for a fee, or any shelter that advertises as a kennel in any magazine, newspaper, or other public media.

Kennel, Private means any shelter where dogs and/or cats are kept, harbored or maintained as a hobby for the use and enjoyment of the occupant for non-commercial purposes.

Kitchen means a room or area intended or designed to be used, or which is used, for the preparation or cooking of food which may include any appliances or other facilities designated/used for the preparation or preservation of food, including but not limited to gas or electric ranges, ovens or stovetops, microwave ovens, refrigerators or freezers of more than five (5) cubic feet capacity, or kitchen-type cabinetry and adjacent counters designed for the accommodation of the above appliances. Does not include wet bars located within a single room, e.g. family room, game room, den, photographic darkrooms, art/crafts studios, home office coffee making areas, laundry rooms or specialized home canning/preserving facilities.

- L -

Lake means any body of water with area in excess of one (1) surface acre.

Landmark means any individual structure or other feature, or group of structures and features on a single site, of special aesthetic, cultural, archaeological, architectural, engineering, paleontological, or environmental interest or value of an historical nature which has been so designated by the Board of Supervisors.

Legal Description means the method by which the outer boundaries of a building site or premises and all appurtenant easements and applicable restrictions or covenants are described or established by reference to established points, monuments, etc.

Lodge means a meeting place for organized groups that may include cooking and sleeping facilities for members and their guests.

Lot Line Adjustment. See Boundary Line Adjustment.

Lower Income Household means households whose income does not exceed the low-income limits applicable to the County of Nevada, as published and periodically updated by the State Department of Housing and Community Development pursuant to Cal. Health & Safety Code § 50079.5.

Lumberyard means wholesale or retail establishment selling lumber and other large building materials to the general public and/or contractors, where large amounts of storage are needed. May include the sale of incidental building supplies.

- M -

Medical Clinics, Non-Profit means non-profit facilities primarily engaged in furnishing outpatient medical, mental health, surgical, and other personal health services, but which are separate from hospitals, including, but not limited to, health management organizations, medical and dental laboratories, medical, dental, and psychiatric offices, out-patient care facilities, and allied health services.

Medical Marijuana Dispensary means any location, interior or exterior, structure, facility or vehicle, whether fixed or mobile, utilized in full or in part, as a place at or in which marijuana for medical purposes, as such is identified in Cal. Health & Safety Code § 11362.5(b)(1)(A), is located, stored, placed, processed, distributed, and made available, sold, traded, exchanged or bartered for in any way, with or without consideration. For purposes of this definition, "distributed" includes the transportation of medical marijuana. A "medical marijuana dispensary" shall not include the following uses, provided that such uses comply with this Chapter and all other applicable provisions of the County Code and all other applicable laws, including but not limited to Cal. Health & Safety Code §§ 11362.5—11362.9: A clinic licensed pursuant to Cal. Health & Safety Code §§ 1200—1245; a health facility licensed pursuant to Cal. Health & Safety Code §§ 1250—1339.59; a residential care facility for persons with chronic life threatening illnesses licensed pursuant to Cal. Health & Safety Code §§ 1568.15—1568.17; a residential care facility for the elderly licensed pursuant to Cal. Health & Safety Code §§ 1569—1569.889 Chapter 3.2 of Division 2 of the Health and Safety Code; a residential hospice or a home health agency licensed pursuant to Cal. Health & Safety Code §§ 1725—1742.

Mobile Home. See Health & Safety Code § 18008.

Mobile Home Park. See Cal. Health & Safety Code § 18214.

Mortuary means a place where bodies are kept prior to burial or cremation.

Motel means one (1) or more structures containing guest rooms and facilities for temporary or transient sleeping accommodations.

Motor Vehicle means a self-propelled device by which any person or property may be moved or drawn upon a highway.

Movie Theater, Drive-In means an open parcel or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.

Museum means an institution devoted to the procurement, care, study, and display of objects of lasting interest or value.

- N -

Navigable Waters means those parts of streams or other bodies of water, which, either in their natural or improved condition, are designated by State statute as navigable or are navigable, in fact, by small-craft recreational boats or pleasure craft during part of a year of normal flows, notwithstanding interruptions between the navigable parts of such streams or waters by falls, shallows, or rapids compelling land carriage. Free public passage over such waters up to the ordinary high-water mark is guaranteed under the California Constitution and they are to be kept free of obstructions.

Non-Disturbance Buffer means an area set aside to be retained in its natural or undisturbed state.

Nursery, Plant means a facility for propagation and sale of horticultural or ornamental plant materials and related products, including:

Nursery, Retail means a nursery offering products primarily to the general public, including the sale of items related to the nursery business. Such items may include, but are not limited to, the sale and storage of insecticides, herbicides, irrigation supplies and fertilizers. Nursery, Retail does not include industrial hemp.

Nursery, Wholesale means a nursery that offers products raised on the same site primarily for resale by other businesses.

Nursery, Wholesale does not include industrial hemp.

- O -

Occupancy means The purpose for which a structure is used or intended to be used. A change of occupancy is not intended to include a change of tenants or proprietors.

- P -

Parcel means a separate area of real property:

A.

Shown on a recorded subdivision or plat map required by the State Subdivision Map Act to be recorded before sale of parcels shown on the map or plat;

B.

That has been issued a certificate of compliance pursuant to California Government Code provisions; or

C.

Resulting from a separate conveyance or from a decree of a court of competent jurisdiction that was either recorded before the requirement of the recordation of a subdivision map by the Subdivision Map Act or was exempt therefrom.

Parcel, Corner means a parcel at the junction of two (2) or more intersecting streets with a parcel line thereof abutting on each of the streets.

Parcel, Cul-De-Sac means a trapezoidal or wedge-shaped parcel wherein the minimum parcel width shall be measured at the setback line.

Parcel, Depth means the average distance between the front and rear parcel line measured in the mean direction of the side lines of the parcel.

Parcel, Flagpole means a building site with access to a street by means of a corridor or access way.

Parcel, Interior means a parcel which is not a corner parcel.

Parcel, Key means any parcel where the side parcel line abuts the rear parcel line of one (1) or more other parcels and not separated by an alley.

Parcel Line means any line bounding a parcel as herein defined.

Parcel Line Adjustment. See Boundary Line Adjustment.

Parcel Line, Front means the parcel line abutting or receiving access from a road. On a corner parcel, it shall mean 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). On a through parcel or a parcel with three (3) or more sides abutting a road, the Planning Director shall determine which line is the front parcel line.

Parcel Line, Rear means the parcel line opposite and most distant from the front parcel line. In the case of triangular or irregular shaped parcels, a line a minimum of ten (10') feet in length within the parcel, parallel to and at the maximum distance from the front line.

Parcel Line, Side means any parcel line that is not a front or rear parcel line.

Parcel of Record means a parcel with a legal description recorded in the office of the County Recorder of the County of Nevada.

Parcel, Through means a parcel having frontage on two (2) parallel or approximately parallel streets.

Parcel Width means the average horizontal distance measured between the side lines of the parcel.

Parks And Playgrounds means public and private parks, playgrounds, play lots, athletic fields, tennis courts, restrooms, and similar facilities.

Permit includes Use Permit, Administrative and Zoning Administrator Development Permit, variance, building permit and any other action authorizing construction or use of land within this Chapter.

Person means an individual, firm, co-partnership, joint venture, association, social club, service organization, corporation, estate, trust, receiver, syndicate, the Federal or State Government, City, County, special district or any other group or combination acting as an entity, excepting therefrom the County of Nevada.

Personal Mini Storage Buildings means a group of structures, frequently with some accessory outdoor vehicle/boat storage, containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces for the benefit of residential or small business users in which are kept household items, business records, vehicles, recreational equipment, etc.

Planning Agency, pursuant to the Nevada County Code governing Administration, includes, but is not limited to, the Nevada County Planning Commission, the Zoning Administrator, and the Planning Department.

Planning Commission means as provided in the Nevada County, a five-member body of the Nevada County Planning Agency, who shall have jurisdiction over and shall review and consider and approve or disapprove projects as provided in Zoning, Administration and Enforcement in the County of Nevada odes.

Planning Director means the Nevada County Planning Director.

Plant Nursery. See Nursery, Plant.

Pond means a body of standing water less than one (1) surface acre in size.

Power Plants means an electric power plant, constructed by other than a local agency as defined in Cal. Gov't Code § 53090, in which generators are driven to produce electrical power for the developer's own use or for sale into the utility grid of a public or private utility. See Section governing Zoning, Specific Land Uses, Public Utility Uses and Structures.

Power Plants, Private, Non-Commercial, Bio-Mass, Co-Generation, and Small Hydroelectric. See Power Plants.

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

Private means belonging to or restricted for the use or enjoyment of particular persons or organizations.

Processing, Mineral means the washing, screening, grading, separating or crushing of mineral material. It shall not include such uses as batch or mix plants or other uses that require material not found on the site that combine with the site material to produce a new product.

Professional Office means the office of a person engaged in any occupation, vocation, or calling, in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded thereon.

Property Owner means the owner of the land shown on the last equalized assessment roll of the County.

Public Uses (Including Quasi-Public Uses) means public service uses carried out by an agency of Federal, State or local government, including special districts or other local agencies, and uses conducted by private entities under contract, agreement or franchise with a governmental agency, if the use is a service normally provided by the agency entering into a contract or agreement.

- Q -

None listed.

- R -

Recreation, Low-Intensity means those types of recreational uses found to be potentially compatible in residential and/or rural districts, including low-intensity campgrounds, low-intensity camps, parks, and playgrounds.

Recreational Vehicle, Qualified means a recreational vehicle that meets all of the following minimum construction standards:

A.

Either:

1.

Manufactured after 1974 and before 1999 in compliance with the 1974 ANSI 119.2 standard or better as provided for herein and with requirements of the State Department of Housing and Community Development (HCD) and bearing its certification sticker; or

2.

Manufactured after 1998 in compliance with the 1998 Edition of the ANSI standard A119.5 for park trailers, and the 1996 Edition of the ANSI standard A119.2 for all other recreational vehicles or better and bearing a label or insignia indicating the manufacture's compliance to the appropriate ANSI standard.

B.

Certified, to the satisfaction of the Building Department, to meet the snow load requirements of Title 25 of the California Code of Regulations, Chapter 3, 208.305(c)(3)(1) and to have the snow load capacity to resist the roof live load applicable to the site where the unit is placed (or placed under an approved protecting ramada if the recreational vehicle does not itself meet the required minimum load standards);

C.

Contain a minimum of three hundred twenty (320) square feet of internal living area;

D.

Set up in compliance with no less than the manufacturer's minimum specifications or engineer's certification, with provisions for attachment of not less than six (6) ground anchors to the chassis being provided unless other methods are determined necessary for safety by the Building Official (when over-the-roof ties are provided, strapping shall conform to Federal Specification QQS 781-H); and

E.

Manufactured or modified with HCD or HUD approval to meet the fire safety requirements of ANSI A119.5 Standard for Park Trailers Sections 3-2.3, 3-2.4 and 3-4 (including 3-4.1, 3-4.2, 3-4.3 and 3-4.4).

Recreational Vehicle Park means any area used to accommodate two (2) or more camping parties utilizing recreational vehicles or tents for a period of less than thirty (30) days.

Recycling Center means a facility for the collection and/or processing of recyclable materials certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Act of 1986 and allowed in the M1 and M2 Districts.

Recycling Collection Facility means A facility where the public may donate, redeem, or sell recyclable materials, including reverse vending machines, mobile units, kiosk-type units, and/or unattended containers placed for the donation of recyclable materials, and similar facilities, not to exceed eight hundred (800) square feet of use area. Such facilities are allowed in selected commercial and industrial districts.

Residence. See Dwelling.

Residential Care Facilities means a State-licensed facility for the non-medical care and supervision of children, adolescents, adults or elderly persons. This use includes community care facilities as defined in Cal. Health & Safety Code §§ 1500—1567.94, residential care facilities for the elderly, Cal. Health & Safety Code §§ 1569—1569.889, facilities for the mentally disordered or otherwise handicapped, Cal. Wel. & Inst. Code §§ 5000—5556, alcoholism or drug abuse recovery or treatment facilities, Cal. Health & Safety Code § 11834.02, and other similar facilities. This use excludes medical care institutions, skilled nursing facilities, nursing homes, foster homes, family daycare homes, child care facilities, and transitional housing.

Residuals Repository means a conceptual hazardous waste disposal facility specifically restricted to receiving only residuals from hazardous waste treatment facilities. Potentially, wastes could be kept segregated to allow eventual reclamation.

Resort means a recreational facility that may provide overnight accommodations within permanent structures and which may include incidental commercial services for use by resort guests.

Rest Home. See Intermediate Care Facility.

Restaurant means any establishment whose principal business is the sale of foods and beverages to the customer in a ready-to-consume state, usually for consumption within the restaurant, and whose design or principal method of operation includes one (1) or both of the following characteristics:

A.

Customers, normally provided with an individual menu, are served foods and beverages by a restaurant employee at the same table or counter at which said items are consumed.

B.

A cafeteria-type operation where foods and beverages generally are consumed within the structure.

Restaurant, Fast Food means any establishment whose principal business is the sale of foods and beverages to the customer in a ready-to-consume state, for consumption either within the restaurant building or for take-out consumption, and whose design or principal method of operation includes serving food and beverages in paper, plastic, or other disposable containers.

Restrictive Covenant means a recorded document limiting the use of land and/or structures to that allowed by this Chapter and used to notify subsequent land owners of said limitation.

Right-Of-Way, Ultimate means the ultimate exterior boundary of a road, street, public or private easement, or similar corridor of land necessary to ensure adequate access consistent with the ultimate buildout of the Nevada County General Plan.

Specific standards for the ultimate right-of-way for roads within the unincorporated area of Nevada County can be found in Title 16.

Road. See Street.

Rooming And Board House means a residence wherein room and board (lodging) are provided for compensation as the primary use. A boarding house differs from a single-family residence by providing room and board not incidental to the residential use.

- S -

Salvage Enterprise means property used for the breaking up, dismantling, sorting, storage, distribution or sale of any scrap, waste, cast-off, or discarded articles or material.

Scenic Highway means any highway designated a scenic highway by an agency of the County, State or Federal Government.

Schools means institutions conducting regular academic instruction at kindergarten, elementary, Secondary and collegiate levels, and charter schools. Such institutions must either: (1) offer general academic instruction equivalent to the standards prescribed by the State Board of Education or (2) confer degrees as a college or university of undergraduate or graduate standing. This definition does not include trade schools.

Schools, Trade means private schools offering instruction in technical, commercial, special, vocational, or trade skills.

Senior Apartment means multiple-family residential structures designed to meet the needs of the senior citizen (fifty-five (55) years of age or older). Dwelling units shall be self-contained and easily accessible to senior citizens. In case of married or cohabitant couples, one (1) occupant may be younger than the required fifty-five (55) minimum age, however, any such occupant shall be not less than eighteen (18) years of age.

Senior Citizen Housing means a housing development consistent with the California Fair Employment and Housing Act (Cal. Gov't Code § 12900—12999), which has been "designed to meet the physical and social needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is used in the Federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and implementing regulations and as that phrase is used in Cal. Civ. Code §§ 51.2 and 51.3.

Senior Independent Living Center means a multiple-family residential development that provides housing for occupants fifty-five (55) years of age or older. In cases of married or cohabited couples, one (1) occupant may be younger than fifty-five (55) years of age. No person under eighteen (18) years of age may be in residence. Such center may consist of, but is not limited to, individual apartment units, community dining centers and common indoor and/or outdoor recreational facilities. All facilities shall be physically accessible to the senior citizens they are intended to serve.

Service Station means a retail establishment selling gasoline which may also include lubrication, oil change and tune-up services and the sale of automotive products incidental thereto. May also include accessory towing, mechanical repair services and the accessory sale of food and gift items. Does not include body and fender work, vehicle paint spraying or the storage of wrecked or abandoned vehicles.

Shelter Housing. See Emergency Housing.

Shopping Center means a group of three (3) or more commercial establishments that are primarily retail or service oriented, planned, developed, managed and maintained as a unit, with common off-street parking, provided to serve all uses on the property.

Short Term Housing means any residential facility that provides housing for families or individuals exclusive of hotels, motels, social rehabilitation facilities or similar uses, and which are operated by, or under contract to, a governmental entity, non-profit organization, or church.

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

Skilled Nursing Facilities means residential facilities providing in-patient nursing and health-related care as a principal use, including long-term in-patient care.

Social Rehabilitation Facilities means any residential facility which is State licensed, providing social rehabilitation services for no longer than eighteen (18) months in a group setting to adults recovering from mental illness, or alcoholism, or drug addiction who temporarily need assistance, guidance, or counseling.

Specific Plan means a plan that provides for the systematic implementation of the General Plan for all or part of the area covered by the General Plan. A hybrid policy statement and/or regulatory tool authorized by Cal. Gov't Code § 65450.

Stable, Commercial means a structure, or a portion of a structure, used to shelter and feed equine which are used or housed for a fee by people other than the occupants of the property on which the stable is situated. Such facilities may include training, riding lessons, and similar activities. This definition shall apply to private riding club or academy facilities.

Stable, Private means a structure, or a portion of a structure, used to shelter and feed equine which are used exclusively by the occupants of the property on which the stable is situated.

Story means a space in a structure between the surface of any floor and the finished ceiling next above or the underside of the roof above.

Stream means any perennial natural water course.

Street means the principal means of access to abutting property as defined herein. May include sidewalks, parkways, alleys and roads.

Street or Road, Public means any street or road open to public use and publicly maintained.

Street, General or Specific Plan means any street or highway shown on the adopted circulation element.

Strip, Commercial. See Commercial, Strip.

Structural Alterations means any change in supporting members of a structure such as in a bearing wall, columns, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, roof trusses, foundations, piles or retaining walls or similar components.

Structure means anything that is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. For the purposes of this Chapter, a "building" is considered to be a structure.

Structure, Attached means a structure connected to another structure by a common wall or roofline.

Structure, Detached means a structure not connected to another structure by a common wall or roofline.

Supportive Housing means housing with no limit on the length of stay, that is occupied by the target population (persons with disabilities or families who are homeless), and that is linked to onsite and offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing his or her ability to live and, when possible work in the community.

Supportive Housing can take the form of a single family or multi-family residential unit(s) and shall be permitted in the same manner applied to the same single or multi-family residential use type in the same zone.

Swap Meets. See Flea Markets.

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Transient means a person or persons normally limited to a thirty (30) day, or less, occupancy.

Transitional Housing means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance. Transitional Housing can take the form of a single-family or multi-family residential unit(s) and shall be permitted in the same manner applied to the same single or multi-family residential use type in the same zone.

Tree means a tall woody plant with a single main stem or trunk at least six (6")-inch dbh, or a multiple trunk with an aggregate of at least ten (10")-inch dbh. Plants that are commonly described as "brush," such as Manzanita, are not considered to be a tree by this Chapter regardless of size.

Truck Terminal means a facility used as a relay station for the transfer of a load from one (1) vehicle to another. The facility may include accessory uses associated with the vehicles using the terminal, including but not limited to, storage areas for vehicles, facilities for the repair of vehicles, and facilities for the sale of diesel and gasoline.

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Ultimate Right-Of-Way. See Right-of-Way, Ultimate.

Use means the purpose for which land is used or a structure is erected, arranged, designed or intended, or for which land or a structure is or may be occupied or maintained.

Use, Accessory means a use incidental, appropriate, subordinate and devoted exclusively to the main use of the premises or structure.

Used means arranged for, designed for, occupied or intended to be occupied for.

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Very Low-Income Household means households whose income does not exceed the very low-income limits applicable to the County of Nevada, as published and periodically updated by the State Department of Housing and Community Development pursuant to Cal. Health & Safety Code § 50105.

Veterinary Hospital and Clinic means office and medical treatment facilities used by veterinarians, including large and small animal clinics, and animal hospitals.

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Woodyard means any tract of land used for the storage and sale of fire wood or mill ends from trees grown on- and off-site and which may include wood splitting and sawing.

- X -

None listed.

- Y -

None listed.

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Zone. See Zoning Districts.

Zoning Administrator means the Planning Director, or their designee, who shall review and consider and approve or disapprove projects as provided in Zoning, Administration and Enforcement of this Chapter.

Zoning Districts means any of the residential, commercial, industrial, special purpose, or combining districts established within Zoning sections of this Code. Within such districts certain land uses and structures are allowed or prohibited and certain site development standards are established.

Zoning Ordinance means the Chapter titled "Zoning" of the Nevada County Code.

(Ord. 2339. (05/29/2007); Ord. 2298. (08/18/2009); Ord. 2366. (08/13/2013); Ord. 2441. (Adopt. 09/12/2017, Eff. 10/12/2017); Ord. 2489. (01/12/2021); Ord. 2529. (09/12/2023); Ord. 2533. (12/05/2023))