Title 17 — ZONING

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Title 17 - ZONING Chapter 17.04 - GENERAL PROVISIONS

There is hereby adopted, as provided herein, a zoning ordinance for city, said ordinance being a precise and detailed plan for the uses of land in said city based on the general plan for the city and enacted in order to promote the public health, safety, comfort and general welfare throughout the city.

(Ord. 87-2 § 1.10, 1987)

It is expressly declared that except as provided by the Government Code of the state of California, all of the provisions of this title shall apply to all property within the incorporated territory of the city.

(Ord. 87-2 § 1.20, 1987)

This title consists of the establishment of various zone districts, as specified in Chapter 17.08 of this title, within which it shall be lawful only to erect, construct, alter or maintain certain buildings, or to carry out certain trades or occupations, or to conduct certain uses of land or of buildings; within which certain open spaces shall be required about future buildings; and consisting of appropriate regulations to be enforced in such zones, all as set forth in this title.

(Ord. 87-2 § 1.30, 1987)

Except as hereinafter otherwise provided:

A.

No building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose, or in any manner other than is included among the uses hereinafter listed as permitted in the zones in which such buildings, land or premises is located.

B.

No building or part thereof or structure shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which building is located.

C.

No building or part thereof or structure shall be erected, nor shall any existing building be altered, enlarged or rebuilt or moved in any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area, and building location regulations hereinafter designated for the zone in which such building or open space is located.

D.

No yard or other open space provided about any building for the purpose of complying with provisions of this title shall be considered as providing a yard or open space for any other building, and no yard or other open space on one building site shall be considered as providing a yard or open space for a building on any other site.

(Ord. 87-2 § 2.30, 1987)

A.

Continuing Existing Uses. Except as hereinafter specified, any lawful use, building or structure, existing on December 27, 1973, at the time of the enactment of the ordinance codified in this title, may be continued.

B.

Existing Conditional Uses. Any use existing on the effective date of the ordinance codified in this title, which is listed as a conditional use in the district wherein located, shall remain a conditional use.

(Ord. 87-2 §§ 11.10, 11.20, 1987)

No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make said area or dimension less than the minimum required by this title, and if already less than the minimum required by this title, the area or dimension shall not be further reduced.

(Ord. 87-2 § 11.70, 1987)

Nothing in this title shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.

(Ord. 87-2 § 11.80, 1987)

Chapter 17.08 - ESTABLISHMENT AND DESIGNATION OF ZONING DISTRICTS

17.08.010 - Zoning districts established.

The several base zoning districts hereby established and into which the city of Nevada City is divided, or is proposed to be divided, are designated as follows:

AF, Agriculture Forestry;

RR, Rural Residential;

R1, Single Family Residential;

R2, Multiple Family Residential;

R3 High Density Multiple Family Residential;

LB, Local Business;

GB, General Business;

LI, Light Industrial;

OP, Office and Professional;

EC, Employment Center;

SL, Service Lodging;

P, Public;

OS, Open Space,

PR, Public/Recreation.

See specific chapters in this title for the base district regulations. The regulations of the base zone districts may be made more restrictive by the addition of the various combining district regulations, as outlined in Chapter 17.68 of this title.

(Ord. 87-2 § 2.10, 1987; Ord. No. 2014-02, § I, 4-9-2014)

17.08.020 - Zoning district map.

The designation, location and boundaries of the zones designated in Section 17.08.010 of this chapter are set forth on that certain map entitled "Zone District Map" as amended, on file in the office of the city clerk, which map is adopted and made a part of this title.

(Ord. 87-2 § 2.20, 1987)

Chapter 17.09 - DEVELOPMENT LIMITATIONS

No more than thirty-five (35) residential units whether single-family or multifamily shall be approved on any one (1) parcel of property or on two (2) or more parcels of property adjacent to each other and under the same ownership within any twelve (12) month period. Applications will be accepted for development of over thirty-five (35) units on the same parcel of property or on two (2) or more parcels of property under the same ownership within twelve (12) months of each other but no more than thirty-five (35) units shall be approved during any twelve (12) month period. However, more than thirty-five (35) units may be approved by the city council if a finding is made that it will be in the public good to approve additional units in light of all the circumstances of the project and will promote the public health, safety or welfare.

(Ord. 2003-02 § 1, 2003)

Chapter 17.12 - DEFINITIONS

17.12.010 - Generally.

For the purpose of this title, certain terms and words are defined as set out in this chapter.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.020 - Accessory building.

"Accessory building" means a detached subordinate building located on the same premises as the main building or buildings, the use of which is customarily incidental to that of the main building or to the use of the land. Said accessory building shall not be used as sleeping or housekeeping quarters except as hereinafter provided for under zone classifications.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.030 - Automobile and trailer sales area.

"Automobile and trailer sales area" means an open area, other than a street or alley, used for the display, sale or rental of new or used automobiles or trailers.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.040 - Building.

"Building" means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.050 - Building, height of.

"Height of building" means the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof excluding chimneys, elevators, ventilation and air-condition equipment and parapet walls.

(Ord. 87-2 § 3.10 (part), 1987)

"Child care facility" means a child care facility is a facility other than a family day care home which provided nonmedical care to children under eighteen years of age in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. "Child care facility" does not include family day care homes.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.070 - Commission.

"Commission" means the Nevada City planning commission.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.080 - Court.

"Court" means an open unoccupied space, other than a yard, on the same lot with a building and bounded on one or more sides by such building or buildings.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.090 - Dwelling.

"Dwelling" means any building that contains one or two dwelling units, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.

(Ord. 87-2 § 3.10 (part), 1987; Ord. No. 2023-07, § 12, 8-9-2023)

17.12.100 - Dwelling, multiple.

"Multiple dwelling" means a detached building designed exclusively for occupancy by more than one family, living independently of each other, but under one roof or otherwise structurally integrated as one unit.

(Ord. 87-2 § 3.10 (part), 1987)

"Single family dwelling" means a detached building designed exclusively for occupancy by one family. A single family dwelling includes a manufactured home certified under the National Manufactured Housing Construction and Safety Standards of 1974 (42 U.S.C. Sections 5401 et seq.) on a foundation system, pursuant to Section 18551 of the Health and Safety Code, on lots zoned for conventional single family residential dwellings.

(Ord. 87-2 § 3.10(part), 1987; Ord. No. 2009-06, § 2(Exh. A-9), 9-9-2009)

"Dwelling unit" means one (1) or more rooms in a dwelling designed for occupancy by one (1) family for living or sleeping purposes. In order to determine whether an area is a separate dwelling unit, the following

factors may be taken into consideration.

1.

Whether the area has its own kitchen;

2.

Whether the area has its own separate entrance so as to allow a person or a family to live independently of other persons or families in the same building, or other persons or families on the same lot.

A dwelling unit may not be used as a lodging unit or units except where approved as a conditional use as a bed and breakfast facility with a resident owner/manager.

(Ord. 91-04 Exh. I (part), 1991: Ord. 87-2 § 3.10 (part), 1987)

"Employee Housing" means any portion of any housing accommodation, which may consist of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of- way car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobile homes or camping of five or more employees by the employer, and for which the accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved, and as further defined in the California Safety Code Division 13 - Housing Part 1 - Employee Housing Act, Chapter 1 - General Provisions and Definitions, Section 17008, and as follows:

A.

"Large Employee Housing," means housing for employees consisting of no more than thirty-six (36) beds in a group quarter or twelve (12) units or spaces designed for use by a single family or household, in accordance with Sections 17000 et seq. of the California Health and Safety Code;

B.

"Small Employee Housing," means housing for employees consisting of six or fewer persons in a singlefamily home, in accordance with Sections 17000 et seq. of the California Health and Safety Code.

C.

"Employer," means one that hires others to perform a service or engage in an activity in exchange for compensation.

(Ord. No. 2023-07, § 9, 8-9-2023)

"Family" means an individual or two or more persons who are related by blood or marriage, or otherwise live together in a dwelling unit.

(Ord. 87-2 § 3.10(part), 1987; Ord. No. 2009-06, § 2(Exh. A-7), 9-9-2009; Ord. No. 2023-07, § 13, 8-9-2023)

17.12.140 - Family day care home.

"Family day care home" means a home which regularly provides care, protection and supervision of twelve or fewer children in the provider's own home for periods of less than twenty-four hours per day while the parents or guardians are away, and includes the following:

1.

"Large family day care home," which means a home which provides family day care to seven to twelve children, inclusive, including children who reside at the home, as defined in regulations issued by the State;

2.

"Small family day care home," which means a home which provides family day care to six or fewer children, including children who reside at the home, as defined in regulations issued by the State of California.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.150 - Frontage.

"Frontage" means all the property on one side of the street between intersecting or intercepting streets, or between a street and right-of-way, end of a deadend street or city boundary measured along street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.160 - Ground coverage.

For the definition of "ground coverage," See "Lot coverage."

(Ord. 87-2 § 3.10 (part), 1987)

17.12.170 - Guest house.

"Guest house" means living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises; such quarters may have a bath and toilet facilities, but no kitchen facilities and not rented or otherwise used as a separate dwelling.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.175 - Homeless housing facilities.

"Homeless housing facilities" include permanently operated emergency shelters, transitional housing and supportive housing. Temporary nomadic homeless shelters operated at faith based or other institutions are allowed if that underlying use has been legally established. Each is briefly defined below.

"Emergency Shelters" (from Health and Safety Code Section 50801(e): temporary lodging for homeless persons with minimal supportive services that may be limited to occupancy of six months or less.

2.

"Transitional Housing" (from Health and Safety Code Section 50675.2)(h): Any dwelling unit or a Group Living Accommodation configured as a rental housing development, but operated under program requirements that call for the termination of assistance and recirculation of the assisted units to another eligible program recipient at some predetermined future point in time.

3.

"Supportive Housing" (Health and Safety Code 50675.14(b): Any dwelling unit or a Group Living Accommodation, that is occupied by the target population as defined in Section 50675.14(b) of the CA Health and Safety Code with no limit on length of stay, that is linked to on- or off-site services that assist the supportive housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

4.

"Group Living Accommodation": A building, group of buildings or portion of a building designed for or accommodating residential use by persons not living together as a Family.

(Ord. No. 2009-06, § 2(Exh. A-4), 9-9-2009; Ord. No. 2017-12, § 1, 12-13-2017)

17.12.180 - Hotel.

"Hotel" means a building designed for occupancy as the more or less temporary place of abode for individuals who are lodged with or without meals, in which there are six or more guest rooms, and in which no provision is made for cooking in any individual room or suite.

(Ord. 87-2 § 3.10 (part), 1987)

"Kitchen" means a room or place equipped for cooking containing a sink with running water, and one (1) or more of the following appliances or fixtures: refrigerator, microwave, cabinetry, oven, dishwasher, or cooking appliance.

(Ord. 91-04 Exh. I (part), 1991)

17.12.190 - Living quarters.

"Living quarters" means one or more rooms in a building designed for occupancy by one or more individuals for living for sleeping purposes.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.195 - Lodging unit.

"Lodging unit" means one (1) or more rooms used for sleeping or living quarters, designed for short-term rental (less than thirty (30) days) by tourists, transients or visitors.

(Ord. 91-04 Exh. I (part), 1991)

17.12.200 - Lot.

"Lot" means a parcel of land shown on a subdivision map or record of survey map, parcel map or described by metes and bounds and recorded in the office of the county recorder, and/or a building site in one ownership having an area for each main building as hereinafter required in each zone and having frontage upon or access by adequate easement to a public street, road or highway.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.210 - Lot area.

"Lot area" the total horizontal net area within the lot lines of a lot or parcel exclusive of streets, highways, roads and alleys.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.220 - Lot, corner.

"Corner lot" means a lot situated at the intersection of two or more streets having an angle of intersection of not more than one hundred thirty-five degrees.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.230 - Lot coverage.

"Lot coverage" means the percentage of the gross lot area covered by structures, paving, walks and any other impervious areas that prevent normal precipitation from directly reaching the ground.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.240 - Lot depth.

"Lot depth" means the horizontal distance between the front and rear lot lines measured on the longitudinal center line.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.250 - Lot, interior.

"Interior lot" means a lot other than a corner lot.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.260 - Lot, key.

"Key lot" means the first interior lot to the rear of a reversed corner lot and not separated therefrom by an alley.

(Ord. 87-2 § 3.10 (part), 1987)

"Front lot line" means, in the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the owner may choose which street he shall designate as the front of the lot. Once the choice of frontage is made, it cannot be changed unless all requirements for yard space are complied with.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.280 - Lot line, rear.

"Rear lot line" means a lot line which is opposite and most distant from the front lot line and, in case of an irregular triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.290 - Lot line, side.

"Side lot line" means any lot boundary line not a front lot line or a rear lot line.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.300 - Lot, reversed corner.

Lot, Reversed Corner: A corner lot the side street line of which is substantially a continuation of the front lot line of the lot to its rear.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.310 - Lot, through.

"Through lot" means a lot having a frontage on two parallel or approximately parallel streets.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.320 - Lot width.

"Lot width" means the horizontal distance between the side lot lines measured at right angles and to the lot depth at a point midway between the front and rear lot line.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.330 - Motels.

"Motels" means a group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking

space conveniently located to each unit, including auto courts, motor courts, motor lodges or tourist courts.

(Ord. 87-2 § 3.10 (part), 1987)

"Nonconforming buildings" means a building or structure or portion thereof existing at the time the ordinance codified in this title became effective, which was designed, erected or structurally altered, for a use that does not conform to the use regulations of the zone in which it is located, or a building or structure that does not conform to all the height, area, setback, lot width, yard requirements and other regulations of the zone in which it is located.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.350 - Nonconforming use.

"Nonconforming use" means a use which lawfully occupied a building or land at the time it was initiated, and which does not conform with the current use regulations of the zone in which it is located.

(Ord. 87-2 § 3.10 (part), 1987; Ord. No. 2015-01, § 2, 1-14-2015; Ord. No. 2015-05, § 1, 2-25-2015; Ord. No. 2015-06, § 5, 4-8-2015)

17.12.360 - Parking area, public.

"Public parking area" means an open area, other than a street or alley, used for the parking of an automobile and available for public use whether free, for compensation or as an accommodation for clients or customers.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.370 - Parking space, automobile.

"Automobile parking space" means space within a public parking area, or a building, exclusive of driveways, ramps, columns, office and work area, for the temporary parking or storage of one automobile.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.380 - Public and quasi-public uses.

"Public and quasi public uses" include such uses as cemeteries, churches, corporation yards, fire stations, hospitals, parks, public utility distribution stations, schools, communication equipment buildings, nursing homes, emergency shelters, transitional housing, supportive housing, state licensed large residential care facilities, etc.

(Ord. 87-2 § 3.10(part), 1987; Ord. No. 2009-06, § 2(Exh. A-8), 9-9-2009)

17.12.382 - Residential care facilities, small.

Any state licensed family home, group care facility or similar facility family home, group care facility, or similar facility providing twenty-four-hour non-medical care for up to six (6) persons in need of personal services, supervision or assistance essential for sustaining the activated of daily living or for the protection of the individual.

(Ord. No. 2009-06, § 2(Exh. A-5), 9-9-2009)

Any state licensed family home, group care facility or similar facility family home, group care facility, or similar facility providing twenty-four-hour non-medical care for more than six (6) persons in need of personal services, supervision or assistance essential for sustaining daily living or for the protection of the individual.

(Ord. No. 2009-06, § 2(Exh. A-5), 9-9-2009)

17.12.390 - Street.

"Street" means a public thoroughfare including public roads which afford principal means of access to abutting property.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.400 - Structural alterations.

"Structural alterations means any change of the supporting members of a building or structure such as bearing walls, columns, beams, or girders.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.410 - Structure.

"Structure" means anything constructed or erected which requires location on the ground or attached to something having location on the ground including swimming pools, decks and satellite dishes, but not including fences or walls used as fences.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.420 - Use.

"Use" means the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

(Ord. 87-2 § 3.10 (part), 1987)

17.12.430 - Yard.

"Yard" means an open space other than a court, or a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title. There shall be no projections into public utility easements.

(Ord. 87-2 § 3.10 (part), 1987)

"Front yard" means a yard extending across the full width of the lot between the most front main building and the front lot line. The depth of the required front yard shall be measured horizontally from the nearest point of the building to the front lot line.

(Ord. 87-2 § 3.10 (part), 1987)

"Rear yard" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest point of the building of the rear lot line.

(Ord. 87-2 § 3.10 (part), 1987)

"Side yard" means a yard, between a main building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the main building to the side lot line.

(Ord. 87-2 § 3.10 (part), 1987)

"Zone" means a portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title.

(Ord. 87-2 § 3.10 (part), 1987)

Chapter 17.16 - AF AGRICULTURE FORESTRY ZONE

The purpose of the AF zone is to preserve in agricultural and forestry use in the urban fringe, land suited to eventual development in other uses, pending proper timing for the economical provision of utilities, major streets and other facilities, so that compact, orderly development will occur. Change of zoning from AF to any other zone shall only be made in general accord with the Nevada City General Plan. This zone is consistent with all residential general plan designations.

(Ord. 87-2 § 4.01-01, 1987)

In the AF zone, the following uses are permitted:

A.

Single-family dwellings, agriculture and any customary agricultural building and structure, such uses as, but not limited to, livestock ranges, animal husbandry, field crops, tree crops, nurseries and greenhouses and other agricultural occupations;

B.

Ranch and farm dwellings appurtenant to a principal agricultural use;

C.

Public parks and recreation areas.

D.

Large Employee Housing.

(Ord. 87-2 § 4.01-02, 1987; Ord. No. 2023-07, § 11, 8-9-2023)

17.16.030 - Accessory uses.

In the AF zone, the following accessory uses are permitted:

A.

Accessory buildings and uses customarily appurtenant to a permitted use, subject to the requirements of Section 17.80.010 of this title;

B.

One nonilluminated announcement or nameplate, not over two square feet, and attached flat against the building.

C.

Small residential care homes that are state licensed and accommodate no more than six individuals including, but not limited to foster homes, residential care facilities, etc.

(Ord. 87-2 § 4.01-03, 1987; Ord. No. 2009-06, § 2(Exh. A-6), 9-9-2009)

In the AF zone, the following are conditional uses:

A.

living quarters of persons regularly employed on the premises; but not including labor camps and labor dwellings, accommodations or areas for transient labor;

B.

Guest houses;

C.

Offices incidental and necessary to the conduct of a permitted use;

D.

Private gardens, private parking areas, and private stables;

E.

Roadside stands for sale of agricultural products grown on the premises, provided that it is located not closer than fifty feet to any street or highway right-of-way;

F.

Private noncommercial recreation areas, uses and facilities, including country clubs, swimming pools and golf courses;

G.

Home occupations;

H.

Animal feed yards, animal sales yards, hog farms, kennels, riding stables, veterinary offices and animal hospitals;

I.

Agricultural processing plants; agricultural products, storage plants and yards;

J.

Quarters, accommodations, or areas for transient labor, such as labor camps and yards;

K.

Golf driving ranges, and other similar commercial recreation facilities, not including such facilities in which the principal use is enclosed in a building, such as bowling alleys;

L.

Cemeteries, crematories, mausoleums;

M.

Public and quasi-public buildings or structures and uses of a recreational, educational, religious, cultural, or public service type;

N.

Electric transmission substations and service yards;

O.

Bed and breakfast inns.

P.

Large residential care home.

(Ord. 87-2 § 4.01-04, 1987; Ord. No. 2009-06, § 2(Exh. A-6), 9-9-2009)

17.16.050 - Height regulations.

No structure shall exceed thirty-five feet in height except as provided in Section 17.84.030 of this title.

(Ord. 87-2 § 4.01-05, 1987)

17.16.060 - Development standards.

In the AF zone, the following minimum requirements shall be observed, except where increased for conditional uses:

A.

Lot width, one hundred feet;

B.

Front yard, fifty feet;

C.

Side Yards.

1.

Interior side, six feet,

2.

Street side of corner lot, fifteen feet;

D.

Rear yard, twenty-five feet;

E.

Lot area, five acres.

(Ord. 87-2 § 4.01-06, 1987)

17.16.070 - Other required conditions in the AF zone.

A.

All uses are subject to the provisions of Chapter 17.80 of this title.

B.

Any building or enclosure in which animals or fowl, except domestic pets, are contained shall be distant at least three hundred feet from any lot in any residential, local business or general business zone, or from any school or institution for human care.

C.

Development of buildings and structures and issuance of building permits for same shall be prohibited unless the property has a sixty-foot frontage and the balance of the property is at least sixty feet wide at all points.

(Ord. 87-2 § 4.01-07, 1987)

Chapter 17.20 - RR RURAL RESIDENTIAL ZONE

The purpose of the RR zone is to stabilize and protect the residential characteristics of district and to promote and encourage a suitable environment for family. The rural residential zone is intended to be used only for single-family and services appurtenant thereto. This zoning district is consistent with residential General Plan designations, except agriculture/forestry and rural.

(Ord. 87-2 § 4.02-01, 1987)

In the RR zone, the following uses are permitted:

A.

Single-family dwellings.

(Ord. 87-2 § 4.02-02, 1987)

In the RR zone, the following accessory uses are permitted:

A.

One announcement or nameplate, not over two square feet in area, and attached flat against the building;

B.

Other accessory uses and accessory buildings customarily appurtenant to a permitted use subject to the requirements of Chapter Section 17.80.010 of this title;

C.

Miscellaneous household pets as allowed in the R1 zoning district;

D.

Farming, including all types of crop and tree farming, grazing and animal raising shall be permitted but not more than one (1) horse, two (2) goats, mule, cow, steer, two swine, or similar livestock shall be kept for each one acre of area in the lot or parcel on which such animals are located. Not more than twelve (12) fowl or other small animals shall be kept on each one (1) acre of area in the lot or parcel. However, for lots smaller than one (1) acre in size, the following number of fowl shall be permitted.

MAXIMUM ALLOWABLE BACKYARD CHICKENS

All animals shall be cared for in a manner that does not create a public health problem, or interfere with the public welfare of surrounding properties.

E.

Small residential care homes that are state licensed and accommodate no more than six individuals, including, but not limited to foster homes, residential care facilities, etc.

(Ord. 87-2 § 4.02-03, 1987; Ord. No. 2009-06, § 2(Exh. A-6), 9-9-2009; Ord. No. 2011-07, Exh. A, 3-232011)

In the RR zone, the following are conditional uses:

A.

Home occupations;

B.

Public and quasi-public buildings and uses of the recreational, educational, religious, cultural or public service type; not including corporation yards, storage or repair yards, warehouses and similar uses.

C.

Off-street parking areas on building sites contiguous with nonresidential zones;

D.

Temporary tract offices and tract signs (see Chapter 12.20 of this title);

E.

Guest houses;

F.

Bed and Breakfast inns (impliedly repealed).[[1]]

G.

Large residential care home.

(Ord. 87-2 § 4.02-04, 1987; Ord. No. 2009-06, § 2(Exh. A-6), 9-9-2009; Ord. No. 2015-01, § 2, 1-14-2015; Ord. No. 2015-05, § 1, 2-25-2015; Ord. No. 2015-06, § 2, 4-8-2015)

Footnotes:

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Note— Subdivision (F) found to be impliedly repealed by 1994 voter initiative Measure G in unpublished decision of the California Court of Appeal, Third Appellate District, in FOSS v. Nevada City, et al. (#C081195), filed 3/10/2017.

17.20.050 - Height regulations.

No principal building, shall exceed thirty-five feet in height, and no accessory building shall exceed fifteen feet in height, except as provided in Section 17.84.030 of this title.

(Ord. 87-2 § 4.02-05, 1987)

Area, lot width and yard requirements in the RR zone are the same as for the AF Agricultural Forestry District, except for lot area, which for the purpose of this chapter shall be one acre.

(Ord. 87-2 § 4.02-06, 1987)

All uses in the RR zone are subject to the provisions of Chapter 17.80 of this title.

(Ord. 87-2 § 4.02-07, 1987)

Chapter 17.24 - R1 SINGLE-FAMILY RESIDENTIAL ZONE

The purpose of the R1 zone is to stabilize and protect the residential characteristics of district and to promote and encourage a suitable environment for family. The R1 zone is intended to be used only for single-family homes and service appurtenant thereto. This zoning district is consistent with the singlefamily and mixed residential General Plan designations.

(Ord. 87-2 § 4.03-01, 1987)

17.24.020 - Principal permitted uses.

In the R1 zone, the following uses are permitted.

A.

Single-family dwelling.

(Ord. 87-2 § 4.03-02, 1987)

17.24.030 - Accessory uses.

A.

There may be kept miscellaneous household pets and not to exceed two cats and two dogs over ten weeks of age; and backyard chickens pursuant to Section 17.24.080.

B.

One announcement or nameplate not over two square feet in area, and attached flat against the building;

C.

Other accessory uses and accessory buildings customarily appurtenant to a permitted use subject to the requirements of Section 17.80.010 of this chapter.

D.

Small residential care homes that are state licensed and accommodate no more than six individuals, including, but not limited to foster homes, residential care facilities, etc.

(Ord. 87-2 § 4.03-03, 1987; Ord. No. 2009-06, § 2(Exh. A-6), 9-9-2009; Ord. No. 2011-07, Exh. A, 3-232011)

17.24.040 - Conditional uses.

In the R1 zone, the following are conditional uses:

A.

Same as permitted in the RR rural residential zone;

B.

Clustered single-family dwellings when approved as a part of a planned development zoned project or a planned development use permit, with densities not to exceed four units per acre.

(Ord. 87-2 § 4.03-04, 1987)

Height regulations in the R1 zone are the same as defined in the RR rural residential zone.

(Ord. 87-2 § 4.03-05, 1987)

The following minimum requirements shall be observed in the R1 zone, except where increased for conditional uses:

A.

Lot area, ten thousand square feet;

B.

Lot width, twenty-five feet;

C.

Front yard, thirty feet;

D.

Side Yard.

1.

Street side of corner lot, ten feet,

2.

Interior side, five feet,

E.

Rear yard, twenty-five feet.

(Ord. 87-2 § 4.03-06, 1987)

All uses in the R1 zone are subject to the provisions of Chapter 17.80 of this title.

(Ord. 87-2 § 4.03-07, 1987)

This section provides requirements and performance standards for the raising and keeping of backyard chickens on residential parcels as follows:

A.

Definition. Backyard chicken shall mean a domestic chick or hen kept on a residential lot. For purposes of this chapter, "backyard chickens" means a domestic chick or hen kept on a residential lot and does not include roosters or Guinea Hens or exotic varieties that are noisy.

B.

Permit requirement. A permit shall be required for the raising or keeping of backyard chickens on any R1 zoned parcel. A permit shall be submitted and signed by the property owner. The permit is to be processed ministerially by staff and approved by two (2) staff members, and accompanied by a filing fee in an amount to be determined by resolution of the city council.

The permit shall contain the following information to ensure the raising of chickens will not have any adverse impacts on surrounding properties:

1.

Site plan, drawn to scale, indicating the locations of the existing residence and other buildings on the property.

2.

Distances of buildings from the property lines.

3.

Location of coop and distances from other buildings and the property lines.

4.

Description of coop construction, including size and materials.

5.

Owner acknowledgement of receiving city-approved information which includes guidelines for successful chicken raising, coop construction, predator control, manure management, control of odors and flies, etc.

6.

A site plan indicating the locations of the residence and the coop from the property lines, and sufficient information to ensure the raising of chickens will not have any adverse impacts on surrounding properties.

C.

Use requirements. The raising of backyard chickens shall only be allowed on properties containing a single family dwelling with a fenced rear yard area. Backyard chickens and their eggs are to be used for domestic uses only.

D.

Lot size requirement. The following table identifies the maximum number of backyard chickens allowed on a single residential parcel.

MAXIMUM ALLOWABLE BACKYARD CHICKENS

E.

Shelter requirement. A coop shall be provided that meets the following minimum standards:

1.

Be predator-proof from the sides, the top, and from below and built for the purpose of protecting the backyard chickens from predators (raccoons, dogs, bears, etc.).

2.

The coop must be located in the rear of the property and behind the residence.

3.

The coop must be located closer to the owner's residence than any surrounding residences or at least twenty (20) feet from the nearest abutting residence. In no case shall the coop be located less than five (5) feet from any property line.

F.

Feed storage. All feed for the chickens shall be stored within an enclosed container to prevent the attraction of vermin.

G.

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

H.

Erosion and drainage control plan. The permit shall include an erosion and drainage control plan to be approved by the city engineer. The plan shall provide measures to be taken to ensure that backyard chickens will not cause watershed contamination onto adjoining properties and that proper drainage measures are taken.

I.

Prohibited uses. The following are prohibited uses:

1.

Commercial sales of chickens or eggs.

2.

Slaughtering processes.

3.

Roosters.

4.

Guinea Hens (or other types of fowl, including exotic breeds that are noisy).

(Ord. No. 2011-07, Exh. A, 3-23-2011)