Chapter 17.32 — OP OFFICE AND PROFESSIONAL ZONE

The OP zoning district is established to accommodate the need for the development of office space and mixed use residential uses. The inclusion of mixed use residential land uses in commercial areas is encouraged to increase the area's population and pedestrian activity while reducing air pollution, energy consumption and transportation costs. Normally this zoning will serve as a transition between commercial areas and residential areas and it is intended that the development permitted by this zoning shall be designed and landscaped so as to be in harmony with adjacent residential uses. This zoning district is consistent with the Office and Professional, General Commercial, and Service Commercial land use designations of the General Plan.

(Ord. 87-2 § 4.05-01; Ord. No. 2009-06, § 2(Exh. A-10), 9-9-2009)

A.

Professional offices, such as offices for an architect, attorney, chiropractor, dentist, engineer, medical doctors, optometrists, orthodontists and osteopaths.

B.

Additional offices such as real estate, insurance, stockbroker, investment counselor, and all other offices that can meet all of the requirements pertaining to landscaping, setbacks and restrictive signing in this district.

C.

Residential uses at a maximum density of 4 (four) units per acre within the same building or buildings as the commercial office use provided that irrespective of lot size, a minimum of one residential unit is permitted.

D.

Transitional and Supportive housing subject only to those restrictions that apply to other types of residential development in the same zone

(Ord. 87-2 § 4.05-02; Ord. No. 2009-06, § 2(Exh. A-10), 9-9-2009; Ord. No. 2023-07, § 5, 8-9-2023)

17.32.030 - Accessory uses.

Accessory uses in the OP zone shall be the same as those listed in Section 17.36.030 of this title.

(Ord. 87-2 § 4.05-03)

17.32.040 - Conditional uses.

Subject to obtaining a use permit, the following are conditional uses in the OP zone:

A.

Multiple-family residential meeting the requirements of the R2 multiple-family residential district;

B.

Public and quasipublic buildings not including corporate yards, storage or repair yards, warehouses and similar uses;

C.

Child care facilities not exceeding thirty-five children, nursery schools and nonprofit community centers, social halls, lodges and fraternal organizations;

D.

Buildings in excess of thirty-five feet.

(Ord. 87-2 § 4.05-04)

17.32.050 - Development standards.

A.

Building height limit, thirty-five feet;

B.

The minimum setbacks shall be nine feet for side yards, twenty-five feet for front yards and rear yards.

C.

No accessory building shall exceed fifteen feet in height. Lot coverage shall not exceed fifty percent of a lot's area. Lot area coverage is a man-made structure, improvement or covering that prevents normal precipitation from directly reaching the ground underlying the structure, improvement and covering.

D.

Front and exterior side yards shall be landscaped in accordance with a plan submitted to and approved by the Planning Commission. Throughout all landscaped areas a sprinkler system shall be installed and all landscaping shall be maintained in a healthy and thriving condition, in accordance with the performance standards of Chapter 17.80 of this title.

E.

All exterior lighting shall be low profile, and so shielded or directed so as to eliminate glare onto streets and so as not to spill onto adjacent property, especially residential areas.

F.

Off-street parking shall be provided in accordance with Section 17.80.050 of this chapter.

G.

All signs shall be in accordance with Article II of Chapter 17.68 of this title and all signs must be constructed of wood.

(Ord. 90-1 Exh. C (part), 1990: Ord. 87-2 § 4.05-05)

All development in this district shall occur subject to the provisions of Chapter 17.80 of this title.

(Ord. 87-2 § 4.05-06)

Chapter 17.36 - LB LOCAL BUSINESS ZONE

The purpose of the LB zone is to provide a neighborhood shopping zone where retail business or service establishments supply commodities or perform services to the daily needs of the residential neighborhoods or to meet the unique commercial demands placed upon Nevada City. This district is intended to allow most uses which are primarily involved in conducting retail sales and can accommodate mixed use residential uses. The inclusion of mixed use residential land uses in commercial areas is encouraged to increase the area's population and pedestrian activity while reducing air pollution, energy consumption and transportation costs. This district is consistent with the Service Commercial General Plan designation.

(Ord. 87-2 § 4.06-01, 1987; Ord. No. 2009-06, § 2(Exh. A-10), 9-9-2009)

17.36.020 - Principal permitted uses.

A.

All residential uses as permitted in R1 and R2 zones;

B.

Any local retail business or service establishment, such as a grocery, fruit or vegetable store, drug store, barber and beauty shops, florists, laundromats, clothes cleaning and laundry pickup station, variety store, hardware store, or any combination thereof in one unit, antique shops, banks, gift shops, bicycle shops, dance and music studios, and similar uses, as determined by the commission, supplying commodities or performing services for the residents and visitors to the neighborhood;

C.

Principal permitted uses as allowed in the OP zone;

D.

Restaurants, except drive-in restaurants;

E.

Electrical and plumbing supply stores;

F.

Printing, publishing, letter shops and stationery stores;

G.

Mixed residential uses at a maximum density of 4 (four) units per acre may be included within any building devoted to a nonresidential use or uses permitted in the LB zone, provided that irrespective of lot size, a minimum of one residential unit is permitted.

H.

Art galleries.

I.

Cannabis Dispensaries pursuant to the provisions outlined in Chapter 17.142.

J.

Transitional and Supportive housing subject only to those restrictions that apply to other types of residential development in the same zone.

(Ord. 87-2 § 4.06-02; Ord. No. 2009-06, § 2(Exh. A-10), 9-9-2009; Ord. No. 2017-06, § 3, 4-12-2017; Ord. No. 2018-10, § III, 12-12-2018; Ord. No. 2023-07, § 6, 8-9-2023)

Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities.

(Ord. 87-2 § 4.06-03, 1987)

17.36.040 - Conditional uses.

A.

Auto service stations, or other vehicle service uses requiring automotive or equipment bays;

B.

Social halls, lodges, fraternal organizations and clubs;

C.

Public and quasipublic uses;

D.

One dwelling unit (in addition to the unit permitted by subsection E of Section 8.10) located in any building devoted to a nonresidential use or uses permitted in the LB zone;

E.

Nursing homes, rest homes, or convalescent homes;

F.

Child care facilities, not exceeding thirty-five children;

G.

Health clubs;

H.

Uses involving outside storage or work areas;

I.

Used car sales, new car dealers, automobile and truck service stations, garages for automotive repairs and car washes;

J.

Carpenter shops, electrical, plumbing and heating shops, furniture and upholstering shops;

K.

Tire repair shops;

L.

Principal permitted uses of the GB general business district.

(Ord. 87-2 § 4.06-04, 1987)

In the LB zone, the height limit is thirty-five (35) feet.

(Ord. 87-2 § 4.06-05, 1987)

In the LB zone, the following minimum requirements shall be observed, except where increased for conditional uses or when abutting a residential use, in which case the bufferyard standards of Section 17.80.090 of this title shall apply.

A.

Lot area for single-family dwellings and multiple dwellings, same as in the R2 zone;

B.

Lot width, sixty feet, except that for single-family and multiple dwellings the width shall be the same as required in R2 zone;

C.

Front yards, twenty-five feet, except that where the frontage between two intersecting streets is located partly in this zone and partly in an R1 zone, the front yard requirement of the R1 zone shall apply to this zone.

D.

Side Yards.

1.

Interior, nine feet, except for unattached accessory uses, unless there is a party wall, which shall be five feet;

2.

Street side of corner lot, ten feet.

E.

Rear yards, ten feet, except for unattached accessory uses, unless there is a party wall, which shall be five feet.

(Ord. 87-2 § 4.06-06, 1987)

A.

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

B.

All uses shall be conducted wholly within a completely enclosed building, except for service stations, offstreet parking, loading facilities, outdoor restaurants, or as otherwise approved by a conditional use permit, or commercial site plan.

(Ord. 94-01 Exh. B, 1994; Ord. 87-2 § 4.06-07, 1987)

Chapter 17.40 - GB GENERAL BUSINESS ZONE

The purpose of the GB zone is to provide a location for the sale of commodities, performance of services, repair facilities, tourist oriented sales, and other types of general enterprise. The GB zone can also accommodate mixed use residential uses. The inclusion of mixed use residential land uses in commercial areas is encouraged to increase the area's population and pedestrian activity while reducing air pollution, energy consumption and transportation costs.

(Ord. 87-2 § 4.07-01, 1987; Ord. No. 2009-06, § 2(Exh. A-10), 9-9-2009)

In the GB zone, the following uses are permitted:

A.

All residential uses as permitted in the R1 and R2 zones and principal permitted uses of the OP zone;

B.

Offices on the second floor and above, stores and shops supplying commodities or performing services, such as department stores, specialty shops, bakeries, and including regional shopping centers or major elements of such centers;

C.

Restaurants except drive-in, cocktail lounges, theaters and similar enterprises provided that such uses are conducted within a completely enclosed building;

D.

Hotels and motels;

E.

Mixed residential uses at a maximum density of 4 (four) units per acre may be included within any building devoted to a nonresidential use or uses permitted in the GB zone, provided that irrespective of lot size, a minimum of one residential unit is permitted.

F.

Any other similar business or service enterprise, except offices on the ground floor, consistent with the purpose of this chapter and which will not impair the present or potential use of adjacent properties shall be deemed a permitted use under this section upon an adopted motion of the planning commission. Such business or service establishments will be characterized by the following for ground level use:

1.

Nature of business depends upon walk-in traffic, and

2.

Nature of business provides sales tax revenue to the city of Nevada City, and

3.

Business provides products to a broad spectrum of the general public, and

4.

The proposal will not weaken the concentration and continuity of retail facilities at ground level, and will not break up an important shopping frontage, and

5.

If a manufacturing, assembly, fabricating or handcrafting process is involved, then the major retail outlet for such products will be on the premises where such processes are performed;

G.

Restrictions on ground level uses:

1.

No new or expanded office of any type may be located on the ground level of any building, unless the approving authority grants a conditional use permit and finds the use complies with Section 17.40.040(J). The cost of a conditional use permit for a ground level office shall be in accordance with a schedule of fees to be adopted by resolution of the city council.

H.

Cannabis Dispensaries pursuant to the provisions outlined in Chapter 17.142, not including those properties designated with an Historic District (HD) overlay.

I.

Transitional and Supportive housing subject only to those restrictions that apply to other types of residential development in the same zone.

(Ord. 2006-01 Exh. A §§ 1, 2, 2006; Ord. 87-2 § 4.07-02, 1987; Ord. No. 2009-06, § 2(Exh. A-10), 9-9-2009; Ord. No. 2017-06, § 4, 4-12-2017; Ord. No. 2018-10, § IV, 12-12-2018; Ord. No. 2023-01, § 5, 2-25-2023; Ord. No. 2023-07, § 7, 8-9-2023)

17.40.030 - Accessory uses.

In the GB zone, the following are accessory uses:

A.

Signs and advertising structure as regulated by Article II of Chapter 17.68 of this title;

B.

Accessory uses and buildings customarily appurtenant to a permitted use.

(Ord. 87-2 § 4.07-03, 1987)

17.40.040 - Conditional uses.

In the GB zone, the following are conditional uses:

A.

Public and quasi-public uses;

B.

Nightclubs, bowling alley, dancehall, rollerskating rink;

C.

Mortuaries;

D.

Automobile and truck service stations and garages for automobile;

E.

Repair and carwash when abutting any residential zone;

F.

Sidewalk cafes or outdoor restaurants, including below or above street level facilities which have seasonal uses;

G.

Commercial parking lots;

H.

One dwelling unit located in any building devoted to a nonresidential use or uses permitted in the GB zone;

I.

Health clubs;

J.

Ground level offices performing services including, but not limited to, mortgage lending, legal, insurance, real estate and bookkeeping upon written and adopted findings of the planning commission meeting the following criteria:

1.

The proposed office use will not detract from the compact, integrated character of the retail area, and

2.

The proposed office will not impair a generally continuous wall of building facades, and

3.

The proposed office will not weaken the concentration and continuity of retail facilities at ground level, and will not break up an important shopping frontage, and

4.

The proposed office will not interfere with the movement of people along an important pedestrian walkway, and

5.

The proposed office will conform in all significant respects with any applicable specific plans and ordinances that have been adopted by the city council pertaining to the historical district, and

6.

The proposed office will not upset the balance of facilities and enterprises so as to conflict with the purpose as described in Section 4.07-01 of the zoning ordinance (Section 17.40.010 of the municipal code) as hereinbefore stated, or

7.

The business demonstrates an overriding public benefit.

(Ord. 2006-01 Exh. A § 3, 2006; Ord. 87-2 § 4.07-04, 1987)

In the GB zone, the height regulation is forty feet; providing, however, that no building or structure shall be erected to such a height that it would be detrimental to the light, air or privacy of any other structure or use, existing or anticipated, or out of character with the district as a whole.

(Ord. 87-2 § 4.07-05, 1987)

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

A.

Lot area for single-family dwellings and multiple dwellings same as in the R2 zone;

B.

Front yard, none;

C.

Side Yards.

1.

Interior, none, except when abutting residential zones, then not less than nine feet,

2.

Corner, none, except when abutting residential zones, then not less than nine feet;

D.

Rear yard, none, except when abutting residential zones, then not less than nine feet.

(Ord. 87-2 § 4.07-06, 1987)

17.40.070 - Other required conditions in the GB zone.

A.

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

B.

All uses except for off-street parking and loading facilities, outdoor restaurants and recycling collection facilities shall be conducted wholly within a completely enclosed building, unless otherwise permitted by a conditional use permit.

(Ord. 88-2 § 5 (part), 1988; Ord. 87-2 § 4.07-07, 1987)

Chapter 17.44 - EC EMPLOYMENT CENTER ZONE

The purpose of the EC zone is to encourage the development of light assembly, manufacturing, and research and development uses, which are compatible with surrounding neighborhoods and environment. Permitted uses shall be primarily employment oriented, with incidental retail sales permitted with approved uses. This zone shall be consistent with the Employment Center designation of the General Plan.

(Ord. 87-2 § 4.08-01, 1987)

In the EC zone, the following uses are permitted:

A.

Any light assembly or manufacturing use that is conducted completely within a building, does not involve outside storage, and does not generate noise in excess of the levels allowed by the city's noise ordinance, or glare to the surrounding properties.

B.

Research and development, administrative engineering, laboratories, and related activities;

C.

Manufacture, assembly, testing, repair, and incidental sales of any components, devices, equipment, and systems relating to electronics, medical supplies, and scientific or mechanical instruments;

D.

Artists' studios, craft work shops and cabinet shops;

E.

Any similar use, consistent with the purpose and intent of the zoning district, as determined by the planning commission or city council.

(Ord. 87-2 § 4.08-02, 1987)

In the EC zone, the following are accessory uses:

A.

Personal services and retail business primarily for the convenience of employees of the principal permitted use;

B.

Recreation facilities for the convenience of employees of the principal permitted uses, only when conducted as accessory uses on the parcel occupied by the principal use;

C.

Residence for occupancy by a caretaker or watchman employed for the protection of the principal permitted use.

(Ord. 87-2 § 4.08-03, 1987)

17.44.040 - Conditional uses.

In the EC zone, the following are conditional uses:

A.

Child care facilities with up to thirty-five children;

B.

Any of the above uses with outside storage;

C.

Any use involving incidental retail sales;

D.

Public and quasi-public uses;

E.

Convalescent hospitals;

F.

Business services, including advertising, credit, bookkeeping, employment and similar agencies, business and management consultants, stenographic, duplicating, blueprinting, photocopying and messenger services;

G.

Health clubs and lodge and fraternal organizations.

(Ord. 87-2 § 4.08-04, 1987)

In the EC zone, the height regulation is thirty-five (35) feet.

(Ord. 87-2 § 4.08-05, 1987)

The following minimum requirements shall be observed in the EC zone, except where increased for conditional uses or when abutting a residential use, in which case the bufferyard standards of Section 17.80.080 of this title shall apply:

A.

Lot width, sixty feet;

B.

Front yards, twenty-five feet, except that where the frontage between two intersecting streets is located partly in this zone and partly in an R1 zone, the front yard requirement of the R1 zone shall apply to this zone;

C.

Side Yards.

1.

Interior, nine feet, except for unattached accessory uses, unless there is a party wall, in which case it shall be five feet;

2.

Street side of corner lot, ten feet;

D.

Rear yards, 10 feet, except for unattached accessory uses, unless there is a party wall, in which case it shall be five feet;

E.

Lot coverage shall not exceed seventy-five percent of the total lot area, except when the lot abuts a residentially zoned area, in which case the lot coverage shall not exceed fifty percent.

(Ord. 87-2 § 4.08-06, 1987)

17.44.070 - Other required conditions in the EC zone.

A.

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

B.

All uses shall be conducted wholly within a completely enclosed building, except for off-street parking, loading facilities, or as otherwise approved by a conditional use permit.

C.

Landscaping. An area the width of the property and a depth of fifteen feet as measured from the front and/or side street property lines and the paved edge or inside curb face of the public street or inside edge of the sidewalk if it adjoins the curb shall be permanently landscaped with plant materials as defined in Chapter 17.80 of this title, and shall be maintained thereafter in an attractive and well-kept condition. Sidewalks and driveways shall be excepted therefrom. The additional landscaping standards of Chapter 17.80 of this title shall apply.

(Ord. 87-2 § 4.08-07, 1987)

Chapter 17.45 - ABANDONED, WRECKED, ETC., VEHICLES ON PUBLIC OR PRIVATE PROPERTY

As used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

"Owner of the land" means the owner of the land on which the vehicle or parts thereof is located, as shown on the last equalized assessment roll.

"Owner of the vehicle" means the last registered owner and legal owner of record.

"Public property" does not include "highway."

"Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

(Ord. 91-03 § 1 (part), 1991)

17.45.020 - Exemptions from chapter.

This chapter shall not apply to:

A.

A vehicle or parts thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

B.

A vehicle or parts thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter.

(Ord. 91-03 § 1 (part), 1991)

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction.

(Ord. 91-03 § 1 (part), 1991)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of police. In the enforcement of this chapter, such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

(Ord. 91-03 § 1 (part), 1991)

When the city council has contracted with or granted a franchise to any person, such person shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

(Ord. 91-03 § 1 (part), 1991)

The city council shall from time to time determine and fix an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or parts thereof, under this chapter.

(Ord. 91-03 § 1 (part), 1991)

It is unlawful and an infraction for any person to abandon, park, store or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property, not including highways within the city, for a period in excess of ten (10) days, unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard.

(Ord. 91-03 § 1 (part), 1991)

It is unlawful and an infraction for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such state law is applicable.

(Ord. 91-03 § 1 (part), 1991)

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on private property or public property within the city, the chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

(Ord. 91-03 § 1 (part), 1991)

A ten (10) day notice of intention to abate and remove the vehicle or parts thereof as a public nuisance, shall be mailed by registered or certified mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,

WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS

THEREOF AS A PUBLIC NUISANCE

(Name and address of owner of the land)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to (section of ordinance or municipal code) has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to ___________, license number ___________, which constitutes a public nuisance pursuant to the provisions of (ordinance).

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten (10) days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the city and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.

As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the chief of police within such ten (10) day period, the chief of police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such ten (10) day period denying responsibility for the presence of said vehicle (or said parts of a vehicle)

on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice Mailed___________ ___________.

(date) (locally designated officer)

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,

WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS

THEREOF AS A PUBLIC NUISANCE

(Name and address of last registered and/or legal owner of record of vehicle—notice should be given to both if different)

As last registered (and/or legal) owner of record of (description of vehicle—make, model, license, etc.), you are hereby notified that the undersigned pursuant to (section of ordinance) has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of (ordinance number).

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle), within ten (10) days from the date of mailing of this notice.

As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within ten (10) days after the mailing of this notice of intention, request a public hearing, and if such a request is not received by the chief of police within such ten (10) day period, the chief of police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed___________ ___________.

(date) (locally designated officer)

(Ord. 91-03 § 1 (part), 1991)

Upon request by the owner of the vehicle or owner of the land received by the chief of police within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the chief of police on the question of abatement and removal of the vehicle or parts thereof as an abandoned,

wrecked, dismantled or inoperative vehicle and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, such statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered or certified mail, at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within such ten (10) days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

(Ord. 91-03 § 1 (part), 1991)

17.45.130 - Same—Action by chief of police.

All hearings under this chapter shall be held before the chief of police who shall hear all facts and testimony he deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property. The chief of police shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

The chief of police may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this article. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the chief of police may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site.

nd order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the chief of police shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or, if an interested party makes a written presentation to the chief of police but does not appear, he shall be notified in writing of the decision.

(Ord. 91-03 § 1 (part), 1991)

17.45.140 - Appeal of decision of chief of police.

Any interested party may appeal the decision of the chief of police by filing a written notice of appeal with the chief of police within five (5) days after his decision.

Such appeal shall be heard by the city council which may affirm, amend or reverse the order or take other action deemed appropriate.

The clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 17.45.070.

In conducting the hearing, the city council shall not be limited by the technical rules of evidence.

(Ord. 91-03 § 1 (part), 1991)

17.45.150 - Time limit for abatement or removal—Reconstruction after removal.

Five (5) days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five (5) days from the date of mailing of notice of the decision if such notice is required by Section 13-26 or fifteen (15) days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.

(Ord. 91-03 § 1 (part), 1991)

17.45.160 - Notice of abatement, evidence of registration to be sent to department of motor vehicles.

Within five (5) days after the date of removal of the vehicle or parts thereof, notice shall be given to the department of motor vehicles identifying the vehicle or parts thereof removed. At the same time, there shall be transmitted to the department of motor vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.

(Ord. 91-03 § 1 (part), 1991)

17.45.170 - Payment of administrative costs by owner.

If the administrative costs and the cost of removal which are charges against the owner of a parcel of land pursuant to Section 17.45.130 are not paid within thirty (30) days of the date of the order or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. Such assessment shall have the same priority as other city taxes.

(Ord. 91-03 § 1 (part), 1991)

Chapter 17.46 - REMOVAL OF VEHICLES PARKED OR LEFT STANDING ON HIGHWAY OR STREET

The presence of vehicles which are parked or left standing upon a highway or street for seventy-two (72) or more consecutive hours, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. 91-03 § 1 (part), 1991)

17.46.020 - Definitions.

As used in this chapter:

"Highway" or "street" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

"Owner of the vehicle" means the last registered owner and legal owner of record.

"Vehicle" means a device by which any personal property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary wheels or tracks.

(Ord. 91-03 § 1 (part), 1991)

17.46.030 - Where this chapter shall not apply.

This chapter shall not apply to:

A.

Abandoned, wrecked, dismantled or inoperative vehicles or parts thereof situate upon private property or public property not including highways;

B.

Vehicles which may be removed by an officer of the police department of the city of Nevada City under the provisions of Vehicle Code Section 22651, and any subsequent modification, additions, or amendments to said section or to its predecessor section of the Vehicle Code.

(Ord. 91-03 § 1 (part), 1991)

17.46.040 - Effect on other code provisions.

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall be supplemental to and in addition to other regulatory codes, statutes, ordinances heretofore or hereinafter enacted by the city, the state, or any other legal entity or agency having jurisdiction.

(Ord. 91-03 § 1 (part), 1991)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of police and in the enforcement of this chapter such officer and his deputies may enter upon private or public property to examine a vehicle, or to obtain information as to the identity of the vehicle and to remove or cause the removal of the vehicle thereof declared to be a nuisance pursuant to this chapter.

(Ord. 91-03 § 1 (part), 1991)

In the event that the city council of the city of Nevada City contracts with or grants a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public

property to remove or cause the removal of a vehicle thereof declared to be a nuisance pursuant to this chapter.

(Ord. 91-03 § 1 (part), 1991)

The city council may, from time to time, determine and fix an amount to be assessed as administrative costs, including the actual cost of removal of any vehicle (or parts thereof) under this chapter.

(Ord. 91-03 § 1 (part), 1991)

Upon discovering the existence of a vehicle left parked or standing upon a highway for seventy-two (72) or more consecutive hours, the chief of police shall have the authority to cause the removal thereof in accordance with the procedure prescribed herein.

(Ord. 91-03 § 1 (part), 1991)

A seventy-two (72) hour notice of intention to remove the vehicle as a public nuisance shall be mailed by registered or certified mail to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Notices of intention shall be in substantially the following form:

NOTICE OF INTENTION TO REMOVE A VEHICLE PARKED OR LEFT

STANDING UPON A CITY HIGHWAY OR STREET

FOR 72 OR MORE CONSECUTIVE HOURS

(Name and address of owner of vehicle)

As registered or legal owner of record of the following vehicle ___________, license number ___________, you are hereby notified that the undersigned, pursuant to Ordinance No. ___________, has determined that said vehicle has been parked or left standing upon a city highway or street for seventy-two (72) or more consecutive hours, which constitutes a public nuisance pursuant to the provisions of said ordinance.

You are hereby notified to remove said vehicle within seventy-two (72) hours from date of mailing of this notice, and upon your failure to do so the vehicle will be removed by the City and stored, at your cost and expense, at the nearest garage.

Notice Mailed___________ ___________.

(date) Chief of Police

(Ord. 91-03 § 1 (part), 1991)

Within seventy-two (72) hours after mailing of the notice to remove the vehicle parked or left standing on a city highway or street for seventy-two (72) or more consecutive hours, the vehicle shall be taken to the nearest garage or other place of safety where the vehicle shall be placed in storage.

(Ord. 91-03 § 1 (part), 1991)

Whenever an officer removes a vehicle and stores it pursuant to the provisions of this chapter, and the officer knows or is able to ascertain the name and address of the registered and legal owner thereof, the officer shall immediately give or cause to be given notice in writing to such registered and legal owner to the fact of such removal, the grounds therefor, and the place to which the vehicle has been removed. A copy of the notice shall be given to the proprietor of any garage to which the vehicle is removed.

(Ord. 91-03 § 1 (part), 1991)

The garage keeper shall have a lien dependent upon possession for his compensation for towage and for caring and safekeeping of such vehicle for a period not exceeding sixty (60) days, or, if an application for authorization to conduct a lien sale has been filed pursuant to Section 3071 of the Civil Code within thirty (30) days after removal of the vehicle to the garage, one hundred twenty (120) days; and if the vehicle is not recovered by the owner within such period or the owner is unknown, the keeper of the garage may satisfy his lien in the manner and after giving the notices required in Sections 3071 and 3072 of the Civil Code of the state of California. In the event that the vehicle is appraised at a value not exceeding two hundred dollars ($200.00) by a person authorized to make such appraisal, the keeper of the garage may, if the vehicle is not recovered by the owner within one hundred twenty (120) days when the owner is unknown, satisfy his lien as provided in Section 3073 of the Civil Code and Section 22705 of the Vehicle Code.

(Ord. 91-03 § 1 (part), 1991)

Whenever an officer causes a vehicle to be removed from a highway or street for storage under the provisions of this chapter but does not know and is not able to ascertain the name of the owner of the vehicle or is unable to give the notice to the owner as provided in Section 22852 of the Vehicle Code, and in the event that the vehicle is not returned to the owner within a period of one hundred twenty (120) hours, the officer shall immediately send or cause to be sent a written report of such removal by mail to the Department of Justice at Sacramento, and shall file a copy of the notice with the proprietor or keeper of any garage in which the vehicle may be stored.

(Ord. 91-03 § 1 (part), 1991)

The chief of police or his deputies shall follow, in removing any vehicle from a highway or street pursuant to the provisions of this chapter, provisions of Sections 22850 through 22855, inclusive, of the Vehicle Code, as such sections may be amended or modified or superceded by other relevant sections of the Vehicle Code or other codes of the State of California.

(Ord. 91-03 § 1 (part), 1991)

Chapter 17.48 - LI LIGHT INDUSTRIAL ZONE

The purpose of the LI zone is to encourage sound industrial development of the non-nuisance type by providing and protecting an area for such development, which area in turn shall be compatible with adjoining nonindustrial uses. This zoning district is consistent with the Employment Center General Plan designation.

(Ord. 87-2 § 4.09-01, 1987)

In the LI zone, the following uses are permitted:

A.

Automobile and truck service stations and terminals;

B.

Business services, including advertising, credit, bookkeeping, employment and similar agencies, business and management consultants, stenographic, duplicating, blueprinting, photocopying and messenger services;

C.

Building materials sales yards;

D.

Light construction and special trade contractors, offices and shops, ornamental iron works, and sheet metal shops;

E.

Offices, administrative and executive;

F.

Refrigerators, furnaces and water heaters, repairs and servicing;

G.

Electrical transmission and/or substations;

H.

Warehousing, except mini-storage, including storage of furniture and household goods, but excluding feed and grain when handled in bulk;

I.

Public utility service yard or garage;

J.

Light manufacturing uses and all uses allowed in the EC zone;

K.

Artists' studios, craft workshops, and cabinet shops.

L.

Emergency shelters pursuant to the operational management standards outlined in Chapter 17.130

M.

Cannabis Dispensaries pursuant to the provisions outlined in Chapter 17.142.

N.

Cannabis Cultivation businesses pursuant to the provisions outlined in Chapter 17.142.

O.

Cannabis Manufacturing businesses pursuant to the provisions outlined in Chapter 17.142.

P.

Cannabis Distribution businesses pursuant to the provisions outlined in Chapter 17.142.

Q.

Cannabis Transporting businesses pursuant to the provisions outlined in Chapter 17.142.

R.

Cannabis Testing Laboratory businesses pursuant to the provisions outlined in Chapter 17.142.

(Ord. 87-2 § 4.09-02, 1987; Ord. No. 2009-06, § 2(Exh. A-4), 9-9-2009; Ord. No. 2017-06, § 5, 4-12-2017; Ord. No. 2017-10, § 3, 6-28-2017; Ord. No. 2017-12, § 2, 12-13-2017; Ord. No. 2018-10, § V, 12-12-2018)

17.48.030 - Accessory uses.

In the LI zone, the following are accessory uses:

A.

Personal services and retail business for the convenience of employees of the principal permitted use;

B.

Recreation facilities for the convenience of employees of the principal permitted uses, only when conducted as accessory uses on the parcel occupied by the principal use;

C.

Residence for occupancy by a caretaker or watchman employed for the protection of the principal permitted use.

(Ord. 87-2 § 4.09-03, 1987)

17.48.040 - Conditional uses.

In the LI zone, the following are conditional uses:

A.

Personal services, retail business and private recreation facilities for the convenience of the employees of the district other than provided in Section 17.48.030 (A) and (B) of this chapter, and commercial recreation facilities;

B.

Public and quasi-public uses;

C.

Automobile wrecking establishments, and/or junkyards;

D.

Mobilehome parks;

E.

Motels, restaurants and cocktail lounges;

F.

Used and new automotive sales lots and accessories;

G.

Child care facilities with up to thirty-five children;

H.

Other industrial uses or manufacturing processes provided with adequate performance standard controls to overcome any adverse external effects such as noise, odor, dust, smoke, glare, fumes, radiation or vibration, waste and waste water controls or appearance shall be approved upon an adopted motion of the planning commission;

I.

Health clubs.

(Ord. 87-2 § 4.09-04, 1987)

17.48.050 - Height regulations.

In the LI zone, the height regulation is forty feet.

(Ord. 87-2 § 4.09-05, 1987)

17.48.060 - Development standards.

In the LI zone, area and yard requirements when abutting a residential district, the bufferyard standards of Section 17.80.080 of this title shall apply.

A.

Lot area, none;

B.

Maximum lot coverage, seventy-five percent including accessory buildings;

C.

Front yard, twenty feet, with no parking permitted in the front yard or fifty feet with parking permitted;

D.

Side yards, five feet;

E.

Rear yard, five feet.

(Ord. 87-2 § 4.09-06, 1987)

17.48.070 - Other required conditions in the LI zone.

A.

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

B.

Outside Storage. All storage areas shall be within a completely fenced area (solid fence six feet high). Said fencing shall be approved by the city during the industrial site plan review process.

C.

Landscaping. An area the width of the property and a depth of fifteen feet as measured from the front or side street property lines and the paved edge or inside curb face of the public street or inside edge of the sidewalk if it adjoins the curb shall be permanently landscaped with plant materials as defined in the landscaping section of Chapter 17.80 of this title, and shall be maintained thereafter in an attractive and well-kept condition. Sidewalks and driveways shall be excepted therefrom. The additional landscaping standards of Chapter 17.80 of this title shall apply.

(Ord. 87-2 § 4.09-07, 1987)

Chapter 17.52 - SL SERVICE LODGING ZONE

The purpose of the SL zoning district is to provide for and encourage the continuation, enhancement, and development of hotels, motels, and bed and breakfast facilities, together with incidental uses to these facilities. This zoning district is consistent with the Service Lodging, Service Commercial, General Commercial, and Employment Center designations of the General Plan.

(Ord. 87-2 § 4.10-01, 1987)

In the SL zone, the following uses are permitted:

1.

Hotels and motels;

2.

Bed and breakfast inns;

3.

All permitted uses of the R1 and R2 zoning districts.

4.

Transitional and Supportive housing subject only to those restrictions that apply to other types of residential development in the same zone.

(Ord. 87-2 § 4.10-02, 1987; Ord. No. 2023-07, § 8, 8-9-2023)

A.

Accessory uses and buildings customarily appurtenant to the permitted use, such as storage and maintenance buildings.

B.

Signs in accordance with Section 17.80.190 of this title.

(Ord. 87-2 § 4.10-03, 1987)

17.52.040 - Conditional uses.

A.

Boardinghouses, or motel/hotel facilities rented on a long term basis to permanent or semi-permanent occupants;

B.

Visitor facilities and incidental uses, such as restaurants, conference or meeting halls, gift shops, and similar retail uses complimenting the overall development.

(Ord. 87-2 § 4.10-04, 1987)

17.52.050 - Height regulations.

In the SL zone, the height regulation is forty feet.

(Ord. 87-2 § 4.10-05, 1987)

17.52.060 - Development standards.

The following minimum requirements shall be observed in the SL zone, except where increased for conditional uses or when abutting a residential use, in which case the bufferyard standards of Section 17.80.080 of this title shall apply.

A.

Lot area for single-family dwellings and multiple dwelling, same as in the R2 zone;

B.

Lot width, sixty feet, except that for single-family and multiple dwellings the width shall be the same as required in the R2 zone;

C.

Front yards, twenty-five feet, except that where the frontage between two intersecting streets is located partly in this zone and partly in an R1 zone, the front yard requirement of the R1 zone shall apply to this zone;

D.

Side Yards.

1.

Interior, nine feet, except for unattached accessory uses, unless there is a party wall, in which case it shall be five feet;

2.

Street side of corner lot, ten feet.

E.

Rear yards, ten feet, except for unattached accessory uses, unless there is a party wall, in which case it shall be five feet.

(Ord. 87-2 § 4.10-06, 1987)

17.52.070 - Other required conditions in the SL zone.

A.

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

B.

All uses shall be conducted wholly within a completely enclosed building, except for off-street parking, loading facilities, or as otherwise approved by a conditional use permit.

(Ord. 87.2 § 4.10-07, 1987)

Chapter 17.56 - OS OPEN SPACE ZONE

The purpose of the OS zoning district is to provide for and encourage the creation and permanent maintenance of open space, both natural and landscaped, for the purposes of maintaining and enhancing aesthetics, recreational opportunities, resource management, public health and safety, and mitigation of development. This zoning district is consistent with all General Plan designations.

(Ord. 87-2 § 4.11-01, 1987)

In the OS zone, the following uses are permitted:

A.

Parks, picnic areas, and natural areas;

B.

Landscaping;

C.

Any agricultural use, except that tree removal shall be governed by the provisions of Chapter 17.80 of this title.

(Ord. 87-2 § 4.11-02, 1987)

17.56.030 - Accessory uses.

In the OS zone, the following are accessory uses:

A.

Fences or walls.

(Ord. 87-2 § 4.11-03, 1987)

In the OS zone, the following are conditional uses:

A.

Access roads or streets;

B.

Pedestrian, equestrian, and bicycle paths and trails;

C.

Recreation facilities or accessories;

D.

Cemeteries;

E.

Buildings or structures incidental to recreational use;

F.

Public and quasi-public facilities;

G.

Agricultural uses requiring clearing or tree removal.

(Ord. 87-2 § 4.11-04, 1987)

In the OS zone, height regulations are only as approved as a conditional use.

(Ord. 87-2 § 4.11-05, 1987)

In the OS zone, there are no area, lot width and yard requirements, except as may be approved as a part of a use permit, site plan, rezoning, or prezoning.

(Ord. 87-2 § 4.11-06, 1987)

17.56.070 - Other required conditions in the OS zone.

Here are no other required conditions in the OS zone.

(Ord. 87-2 § 4.11-07, 1987)

Chapter 17.60 - P PUBLIC ZONE

The purpose of the P zoning district is to provide zoning for areas occupied by federal, state, county and city government uses, along with recreation areas and parks, cemeteries. This district is also intended to accommodate quasi-public and public utility uses, along with uses incidental to public services. This zoning district is consistent with all General Plan land use designations.

(Ord. 87-2 § 4.12-0, 1987)

17.60.020 - Principal permitted uses.

In the P zone, the following are permitted uses:

A.

Parks and recreation facilities.

(Ord. 87-2 § 4.12-02, 1987)

17.60.030 - Conditional uses.

In the P zone, the following are conditional uses:

A.

Any public or quasi-public use.

(Ord. 87-2 § 4.12-03, 1987)

In the P zone, height regulations are as approved through the use permit process.

(Ord. 87-2 § 4.12-04, 1987)

In the P zone, area, lot width, and yard requirements are as approved through the use permit process.

(Ord. 87-2 § 4.12-05, 1987)

In the P zone, there are no other required conditions.

(Ord. 87-2 § 4.12-06, 1987)

Chapter 17.64 - PR PUBLIC/RECREATION ZONE

Public/recreation zoning provides for public use with development limited to providing recreational facilities by public entities for the use of the general public. Up to twenty-five percent of such property including parking areas of such property may be utilized for compatible public uses such as a school, fire station, library, community center or other similar public service uses.

(Ord. 87-2 § 4.13, 1987)

Chapter 17.68 - COMBINING DISTRICT REGULATIONS Article I. - General Provisions

The purpose of the combining district regulations is to provide additional development standards for selected special cases, as defined in each of the following combining district regulations. The combining district designation is combined with the base zoning district to achieve the desired level of development standards and land use application processing. It is intended that more than one combining district may be attached to the base zoning district. As an example, OP-HD-SC, would indicate the base zoning district of Office and Professional, with the Historical District and Scenic Corridor Combining District regulations.

(Ord. 87-2 § 5.01-01, 1987)

Article II. - HD Historical Combining District

A.

The city council finds and declares that the area described in this section is one of great historical interest and aesthetic value. Within said district are many places and buildings which are important historical exhibits and unique architectural specimens. Said places and buildings are symbolic of the city's historical past as a mining town during the days of the California gold rush and thereafter. Examples of such places and buildings are:

1.

The Plaza;

2.

Ott's Assay Office, 132 Main Street;

3.

Methodist Church, 433 Broad Street;

4.

Trinity Episcopal Church, 226 Nevada Street;

5.

St. Janice Catholic Church, 317 Washington Street;

6.

Community Baptist Church, 300 Main Street;

7.

New York Hotel, 408 and 410 Broad Street;

8.

Nugget Building, 318 Broad Street;

9.

Union Building, 301 Broad Street;

10.

Osborn and Woods Building, 244 Commercial Street;

11.

Old Chinese Laundry, 312 Commercial Street;

National Hotel, 211 Broad Street;

Firehouse No. 1, Main Street;

Firehouse No. 2, Broad Street;

Nevada Opera House, Broad Street;

Masonic Temple, 110 North Pine Street;

Searle's Building, 214 Church Street;

The Red Castle, 104 Prospect Street;

The Old Brewery, 107 Sacramento Street.

B.

The historic character and distinctive architecture of such places and buildings, and of the historic district as a whole, have attracted tourists and visitors to the city in great numbers, thereby augmenting the economy and general welfare of the city and its inhabitants. The preservation of such places and buildings, and of the architectural appearance of the surrounding properties within the district, is essential to the economic and cultural life of the city. To permit a departure from the established type of architecture in the construction of new buildings or in the alteration of existing buildings within the district, and to permit the uncontrolled use of advertising signs therein, would be detrimental to the historical places and buildings, and would tend to depreciate the values of all properties within the district. In order to promote the public health, safety and general welfare, it is necessary, pursuant to Section 37361 of the California Government Code, to provide for such places and buildings having a special character or special historical or aesthetic interest or value, special conditions and regulations for their protection, enhancement and perpetuation, and to provide appropriate and reasonable control of the appearance of neighboring property within public view.

(Ord. 344 § 1, 1969: Ord. 338 § 1, 1968)

Editor's note— Ord. No. 2023-07, § 14, adopted Aug. 9, 2023, repealed § 17.68.025, which pertained to prohibited uses and derived from Ord. No. 2009-06, § 2(Exh. A-9), adopted Sept. 9, 2009.

The following words and phrases, as used in this article, shall have the following meanings:

"Mother Lode type of architecture" means that type of architecture generally used in the Mother Lode region of the state of California during the period from 1849 and 1900, and which is exemplified in Nevada City by the buildings listed in Section 17.68.020 of this article and also by the following:

1.

Store building with apartment, 232 and 232 1/2 Commercial Street;

2.

Store building with apartment, 232 3/4 Commercial Street;

3.

Store building, as restored, 218 Broad Street;

4.

Store building with apartment, 310 Broad Street;

5.

Store building, 314 Broad Street;

6.

Office building, as restored, 307 Broad Street.

Such type of architecture involves the use of wood and brick as primary materials, and is generally characterized by such design features, among others, as gabled or shed roofs, tall and narrow windows and doors, dormer windows, iron or wooden shutters, balconies, wooden awnings and ornamental scroll work. The determination of whether a building conforms with the Mother Lode type of architecture shall include all factors which affect the external appearance of the building, including, without limitation, architectural elevations, building materials, colors, finish, lighting, ornamental devices and signs.

"Person" means and includes every person, firm, partnership, corporation or association, whether acting as principal, agent, employee or otherwise.

"Sign" means any outdoor medium which is used or intended to be used to attract attention, by visual means, to either a location or subject matter for advertising structures or displays on which letters, words or other characters are placed, as well as the portion of any building wall on which such letters, words or other characters may be painted or otherwise affixed.

(Ord. 338 § 2, 1968)

There is hereby created and established within the city an historical district, which includes all of the territory bounded as follows:

Beginning at the intersection of the centerlines of Broad and Bennett Streets; thence from said point of beginning in a Southeasterly direction along the centerline of Broad Street to the intersection of the line with the centerline of Commercial Street; thence in a Southeasterly direction along the centerline of Commercial Street to the intersection of said line with the centerline of York Street; thence in a Northeasterly direction along the centerline of York and Washington Streets to the intersection of said line with the centerline of Main Street; thence in a Northwesterly direction along the centerline of Main Street to the intersection of said line with the centerline of Court Street; thence in a Northeasterly direction along the centerline of Court Street to the intersection of said line with the extension of the Westerly lot line of the existing lot situated at the Northwest corner of Court and Coyote Streets; thence along said extended lot line to a point in the Northerly line of Court Street, distant thereon South 70º 56' West 90.38 feet from the Southeast Corner of Block 9, as said block is shown upon the Official Map of Nevada City, made by H.S. Bradley in the year 1869; Thence North 26º 27' West 56.53 feet; thence North 28º 59' West 30.61 feet; thence North 27º 10' West 38.11 feet; thence North 33º 03' West 45.19 feet; thence South 61º 52' West 27.01 feet; thence North 26º 51' West 42.63 feet; thence North 64º 26' East 90.65 feet; thence North 41º 52' West 79.27 feet; thence South 86º 22' East 3.00 feet; thence North 32º 12' West 66.45 feet; thence Northerly along the Westerly line of Lot 13 in said Block 9 to the Southerly line of Lot 22 in said Block 9; thence Easterly along said last mentioned line to the Southwesterly corner of Lot 14 in said Block 9; thence North 190º 26' 40" West to the centerline of Dean Alley; thence Easterly along said centerline of Dean Alley to the intersection of said line with the centerline of Coyote Street; thence Southerly along the centerline of Coyote Street to the intersection of said line with the centerline of the Washington Street overpass; thence in an Easterly direction along the centerline of Washington Street to the intersection of said centerline with the centerline of High Street; thence in a Southerly direction along the centerline of High Street to the intersection of said line with the extension of the Northerly lot line of the Trinity Episcopal Church property; thence along said extended lot line to the most Westerly corner of said church property; thence to an Easterly direction along the Northerly line of said church property to the intersection of said line with the centerline of Nevada Street; thence in a southwesterly direction along the centerline of Nevada Street to the intersection of said line with the centerline of Main Street; thence in a Southeasterly direction along the centerline of Main Street to the intersection of said line with the centerline Sacramento Street; thence in a Southwesterly direction along the centerline of Sacramento Street to the intersection of said line with the Easterly line of the freeway right of way; thence in a Northerly direction along the Easterly line of the freeway right of way to the intersection of said line with the centerline of Deer Creek; thence in a Westerly direction along the centerline of Deer Creek to its intersection with the Pine Street Bridge; thence in a Southerly direction along the outermost portion of the Pine Street Bridge to the end of Pine Street Bridge; thence across both travel lanes and walkway of the Pine Street Bridge to its most outer portion; thence in a Northerly direction along the outermost portion of the Pine Street Bridge to its intersection of the centerline of Deer Creek; thence in a Westerly direction along the centerline of Deer Creek; thence in a westerly direction along the centerline of Roger Williams Ravine; thence in a Northerly direction along the centerline of Roger Williams Ravine to the intersection of said line with the centerline of Bennett Street to the point of beginning.

of the Pine Street Bridge to its intersection of the centerline of Deer Creek; thence in a Westerly direction along the centerline of Deer Creek; thence in a westerly direction along the centerline of Roger Williams Ravine; thence in a Northerly direction along the centerline of Roger Williams Ravine to the intersection of said line with the centerline of Bennett Street to the point of beginning.

Said Historical District shall also include all of the territory bounded as follows:

Beginning at the intersection of the centerlines of Sacramento Street and Boulder Street; thence in a Northeasterly direction along the centerline of Boulder Street to the intersection of said line with the extension of the Northeasterly line of Lot 2, in Block 2, in Block 57, as said lot and block are shown on the map of the City of Nevada City made by H.S. Bradley in the year 1869; thence Southeasterly along said extended lot line to the Northeast corner of said Lot 2; thence Southeasterly along the Northeasterly line of said Lot 2 to the Southeast corner of said lot in the center of Little Deer Creek; thence Westerly along the centerline of Little Deer Creek to the intersection of said line with the Northeasterly line of Lot 1, in Block 57, as shown on said map; thence Southeasterly along said Northeasterly line of said Lot 1 to the Northeast corner of Lot 15, in Block 57, as shown on said map; thence Southeasterly along said Northeasterly line of said Lot 1 to the Northeast corner of Lot 15, in Block 57, as shown on said map;

thence Southeasterly along said Northeasterly line of said Lot 15 to the Southeast corner of said lot, being also the Northeast corner of Lot 17, in Block 57, as shown on said map; thence Southeasterly along the Northeasterly line of said Lot 17, and along the extension of said line to the centerline of Prospect Street to the intersection of said line with the centerline of Adams Street; thence Northwesterly along the centerline of Adams Street to the intersection of said line with the centerline of Sacramento Street; thence Northeasterly along the centerline of Sacramento Street to the point of beginning.

Said historical district shall also include all of the territory bounded as follows:

Beginning at the intersection of the centerlines of Nevada Street and Grove Street; thence in a Northeasterly direction along the centerline of Grove Street to the intersection of said line with the extension of the Northeasterly line of Lot 3, in Block 4, as said lot and block are shown on the map of the City of Nevada made by H.S. Bradley in the year 1869; thence Southeasterly along said extended lot line to the Northeast corner of said lot in the center of Deer Creek; thence Westerly along the centerline of Deer Creek to the intersection of said line with the Northeasterly line of Lot 2, in Block 62, as shown on said map; thence Southeasterly along said lot line as extended to the centerline of Boulder Street; thence in a Southwesterly direction along the centerline of Boulder Street to the intersection of said line with the extension of the Northeasterly line of Lot 2, in Block 57, as shown on said map.

Creek to the intersection of said line with the Northeasterly line of Lot 2, in Block 62, as shown on said map; thence Southeasterly along said lot line as extended to the centerline of Boulder Street; thence in a Southwesterly direction along the centerline of Boulder Street to the intersection of said line with the extension of the Northeasterly line of Lot 2, in Block 57, as shown on said map.

Said Historical District shall also include all of the territory described as follows:

Nevada County Assessor Parcel numbers 05-096-04, 05-096-05, and 05-096-06

Said parcels are more fully described on the Assessor's Parcel Map attached to the ordinance codified in this chapter, and said map is incorporated herein by reference as though more fully set forth.

(Ord. 92-05, 1992; Ord. 89-5 § 1, 1989; Ord. 368 § 1, 1975; Ord. 344 § 2, 1969; Ord. 338 § 3, 1968)

17.68.050 - Permit requirements.

It is unlawful for any person (1) to tear down, demolish or remove any building within the historical district, or (2) to construct any building or alter any building as to its exterior appearance, within said district, or (3) to place, erect, alter or relocate any sign within said district (except as provided in Section 17.68.100 of this chapter, without first obtaining a permit to do so in the manner provided in this article; and no such permit shall be issued except in compliance with the provisions of this article.

(Ord. 338 § 4, 1968)

No building of special historical interest or value, or of the Mother Lode type of architecture, situated within the historical district and fronting upon bay of the streets or alleys within or bounding said district, shall be torn down, demolished or removed, unless such building is or becomes so damaged or dilapidated, whether from damage by fire or other elements or from natural deterioration, that it is unusable and cannot reasonably be repaired or restored.

(Ord. 338 § 5, 1968)

All buildings which may hereafter be constructed or altered as to their exterior appearance, situated within the historical district and fronting upon the streets or alleys within or bounding said district, shall as to their exterior appearance within public view substantially conform with the Mother Lode type of architecture.

(Ord. 338 § 6, 1968)

Except as provided in Sections 17.68.080 and 17.80.180 of this article, no sign shall be placed, erected, altered or relocated on any property within the historical district unless such sign is, as to its exterior appearance, compatible with the Mother Lode type of architecture, and unless it complies with all of the following requirements:

A.

No sign shall be allowed except a sign which identifies or advertises the business conducted on the premises.

B.

Each sign shall be affixed to a building, except that where the building is set back from the street to such extent that a sign affixed to the building would not be within reasonable view from the street, then a sign need not be so affixed, but may be located in some other manner as the planning commission shall approve.

C.

No sign shall project more than six feet from the face or vertical surface of the building.

D.

No sign shall project above the eave or parapet line of the building.

E.

No single sign shall exceed twenty-four square feet in area. The planning commission may grant an exception for signage placed on a building that is located within the Historic District and that has served as

the same continuously running business since the turn of the twentieth century, which may be a size as approved by the planning commission.

F.

The aggregate area of all signs of any one business entity shall not exceed twenty- four square feet; provided, however, that a single business entity having public customer entrances on two or more sides of a building may treat each such side as a separate entity. The planning commission may grant an exception to the number and location of signage on a business that is located within the Historic District and that has served as the same continuously running business since the turn of the twentieth century.

G.

The area of an irregular sign shall be the area of the smallest rectangle which can wholly contain the sign.

H.

No sign shall contain any flashing, blinking or moving letters, characters or other elements, and the sign itself shall not move.

I.

No sign shall contain any outline tubing.

J.

Sandwich board signs or A-board signs shall not be allowed.

K.

Neon signs or signs containing any outline tubing which are sought to be located inside a building and which are designed to be seen from the outside of the building are prohibited. Any sign in violation of this subsection shall be removed immediately.

L.

Internally illuminated signs and digital or electronic signs of all types are prohibited.

(Ord. 88-8 § 1, 1988; Ord. 85-7 § 1, 1985; Ord. 348 § 1, 1970: Ord. 338 § 7, 1968; Ord. No. 2021-05, § 2, 5- 26-2021; Ord. No. 2023-08, § 1, 12-14-2023)

As an alternative to the sign or signs allowed by Section 17.68.080 of this article, but not in addition thereto, each gasoline service station may place, erect, alter or relocate a single pole sign which complies with all the following requirements:

A.

Such sign shall not extend more than thirty feet above the ground level.

B.

Such sign shall not exceed thirty-two square feet in area.

C.

Such sign shall comply with all of the requirements set forth in subsections A, G, H and I of Section 17.68.080 of this article.

(Ord. 338 § 8, 1968)

17.68.100 - Signs—Exemptions.

The provisions of this article shall not apply to the following signs:

A.

Signs located on property which is zoned for residential use pursuant to this title, as amended, or any other zoning ordinance which may hereafter be adopted;

B.

Official notices issued by a court or public body or officer, and notices posted by any public officer in the performance of a public duty, or by any person in giving legal notice;

C.

Directional signs not exceeding four (4) square feet in area for off-street parking and loading facilities;

D.

Signs not exceeding four (4) square feet in area pertaining to the sale, lease or rental of the property on which such signs are placed;

E.

Temporary political, election or campaign signs not exceeding four (4) square feet in area;

F.

Professional signs not exceeding four (4) square feet in area;

G.

Church signs not exceeding twenty-four (24) square feet in area;

H.

Temporary construction signs, not exceeding twenty-four (24) square feet, identifying a building under construction, or the contractor or architect therefor; provided that such a sign shall be removed upon the

expiration of six (6) months after its erection, or upon the completion of the building, whichever event first occurs;

I.

Signs advertising a horse and carriage business, as long as all of the following conditions are met:

1.

Said sign shall not exceed two (2) feet by four (4) feet, double-faced, and said sign may be an A-board type sign.

2.

Said sign may be located on a city sidewalk as long as the location allows forty-two (42) inches of sidewalk clearance.

3.

An operator that has more than one (1) horse and carriage operating within the historical district shall not have more than two (2) such signs on display at any one (1) time.

4.

The planning commission shall review the sign for compatibility with Mother Lode architecture.

5.

If the sign is located on the sidewalk in front of a private business, the operator of the horse and carriage will need to obtain the permission of the owner of said property.

6.

Said signs can only be displayed during the actual hours that the horse and carriage is in operation.

(Ord. 91-04 Exh. D, 1991; Ord. 348 § 1, 1970: Ord. 338 § 9, 1968)

Any lawful sign existing at the time of adoption of the ordinance codified in this article may be continued although such sign does not comply with the provisions of this article, subject to the following conditions and requirements:

A.

No such sign shall be enlarged in area or changed to any other nonconforming sign.

B.

If such sign is removed or destroyed, it may not be replaced except in compliance with all the requirements of this article.

C.

Such nonconforming sign shall either be removed, or shall be altered or relocated so as to comply with all of the provisions of this article, not later than June 1, 1978.

(Ord. 358 § 1, 1973: Ord. 338 § 10, 1968)

Applications for permits by Section 17.68.050 of this article shall be in writing and shall be filed with the planning commission of the city. Applications shall be in such form, and shall contain or be accompanied by such in formation or material as the commission may require.

(Ord. 338 § 11, 1968)

Upon the filing of an application for a permit under the Uniform Building Code pertaining to any matter for which a permit is also required by this article, the building inspector shall immediately give written notice of such filing to the planning commission, and no permit shall be issued by the building inspector unless and until the permit required by this article has been issued.

(Ord. 338 § 12, 1968)

17.68.140 - Applications—Decision of planning commission.

A.

Upon the filing of an application for a permit under this article, the planning commission shall promptly consider the matter at a public meeting, and shall make a decision either granting or denying such a permit. Before making such decision, the commission may consult with the applicant with the view of recommending modification in the proposal set forth in the application, and it may also consult with historians, architects and persons schooled in the fine arts. Consideration of the application may, if necessary, be continued from time to time.

B.

Written notice of the commission's decision shall be mailed to the applicant, and a copy of such notice shall be mailed to the building inspector.

(Ord. 338 § 13, 1968)

A.

Any applicant for a permit hereunder who is dissatisfied with the decision of the planning commission may appeal such decision to the city council by filing with the city clerk a written notice of appeal. Such notice must be filed within fifteen days after the date on which the notice of the decision of the planning commission is mailed to the applicant, and shall set forth the specific ground or grounds of said appeal.

B.

The clerk shall forthwith set the matter for hearing before the council, and shall cause notice thereof to be mailed to the applicant not less than five days before such hearing. The hearing may be contained from time to time, and upon the conclusion thereof, the council shall promptly make a final decision in the matter.

(Ord. 338 § 14, 1968)

All permits under this article shall expire one year after the date they are issued, unless the matter for which the permit is issued is substantially undertaken before such period elapses and is diligently pursuant thereafter.

(Ord. 338 § 15, 1968)

It is unlawful for any person to proceed under any permit in a manner which constitutes a material variance from the terms of the permit or the representations on which it was issued, and in the event of such violation, the permit may be canceled forthwith by action of the city council.

(Ord. 338 § 16, 1968)

The regulations contained in this article are additional to those set forth in this title, as amended, and other ordinances; provided, however, that in the event of any conflict, the provisions of this article shall prevail.

(Ord. 338 § 17, 1968)

Every person violating any of the provisions of this article shall be guilty of an infraction. Every person convicted of a violation of this article shall be punished by a mandatory fine of not less than twenty-five dollars or more than two hundred fifty dollars upon a first conviction, by a mandatory fine of not less than fifty dollars or more than two hundred fifty dollars upon a second or subsequent conviction within twentyfour months, and each such person shall be deemed guilty of a separate offense for each day, or portion thereof, during which any violation of this article is committed or continued.

(Ord. 84-1 § 1, 1984: Ord. 338 § 18, 1968)

Article III. - Scenic Corridor Combining District

The SC scenic corridor combining district classification is intended to be applied to land areas which are adjacent to roads and highways which are indicated on the General Plan with the symbol for scenic corridors, and as may be designated by the city council from time to time. These roadways are generally

entryways to Nevada City which were recognized in the General Plan as being particularly important to protect the existing essential character of Nevada City, namely that of a small, compact historical town surrounded by green, wooded hills, by hiding development from view from the highways and preserving the existing tree cover to the greatest extent possible, and assuring visually pleasing corridors through design control.

(Ord. 87-2 § 5.03-01, 1987)

A.

In any district abutting or within three hundred feet of a scenic corridor highway right-of-way and/or as indicated with the "-SC combining district on the Zone District Map, the base zoning district regulations shall apply, except that the site plan, tentative map, or conditional use permit for the development, must be reviewed by the planning commission for compliance with the intent of the scenic corridor General Plan policies and these regulations.

B.

The planning commission may require revision of the proposed site plan, tentative map, building permit site plan, or conditional use permit, or the incorporation of special conditions of approval or design features, prior to approval. In reviewing applications for compliance with this combining district, the planning commission may consider:

1.

The height, bulk, and area of buildings or improvements;

2.

Setbacks from the property lines. The commission may consider increasing the setback requirements of the district, if needed to protect the scenic corridor;

3.

The colors, textures, and materials of the exterior walls and roofs, and the roof pitches;

4.

The parking lot location and distribution and effectiveness of landscaping and natural areas, and the location of any type of any proposed signs;

5.

The relationship to other building or existing or proposed uses in the area;

6.

The extent and visual impact of proposed cuts, fills, and/or retaining walls;

The shape of land forms and existing vegetation.

C.

In approving an application for a land use abutting a scenic corridor, the planning commission must make the following findings:

1.

That the proposed plan, as conditioned, is consistent with the General Plan;

2.

That the proposed plan, as conditioned, contains sufficient design and/or landscaping features to protect and enhance the aesthetics of the scenic corridor;

D.

The clearing of natural vegetation within fifty feet of the right-of-way line of any scenic corridor highway is prohibited, except as approved in conjunction with the review of the development plan, as provided herein.

(Ord. 87-2 § 5.03-02, 1987)

The decision of the planning commission regarding scenic corridor development is final, unless appealed to the city council, in accordance with Chapter 17.88 of this title.

(Ord. 87-2 § 5.03-03, 1987)

Article IV. - Planned Development

The purpose of the PD planned development combining district is to provide for greater flexibility in the design of integrated development in context with the general character of the city which would not be otherwise possible through strict interpretation or application of district regulations. It is the intent of this section to encourage the design of well planned facilities which offer a variety of housing or other land uses through creative and imaginative planning, which may be reviewed under the conditional use permit

process. The standards and regulations of this combining district may be utilized in reviewing the proposed development of any property having the "-PD" combining district attached to the base zoning district. When shown on the Zone District Map, the regulations herein are encouraged to be utilized during the development of vacant lands.

(Ord. 87-2 § 5.04-01, 1987)

Any approved development design shall provide high overall performance standards of open space (including preservation of existing trees and vegetation, and the addition of landscaping), circulation, offstreet parking and other conditions in such a harmonious, integrated project of sufficient unity and harmony with the historic character of the city to justify exception to the normal regulations of this title.

(Ord. 87-2 § 5.04-02, 1987)

Density standards of the zone district in which the property is located shall apply to residential uses.

(Ord. 87-2 § 5.04-03, 1987)

Accessory uses solely for the convenience of the occupants of the development may be permitted.

(Ord. 87-2 § 5.04-04, 1987)

A.

Applications for a conditional use permit shall be filed with the planning commission and shall be subject to a filing fee in an amount to be determined by resolution of the city council. Said application shall be accompanied by two copies of the proposed development plan, which shall include three dimensional architectural renderings in addition to site development plans.

B.

The planning commission may issue a conditional use permit for the development as submitted or subjected to such modifications or conditions that it deems warranted. The commission may prescribe the time limit within which the development shall take place and may prescribe the sequence of the development.

C.

In any case where a conditional use permit has been granted under this article, a building permit must be obtained therefor and construction started within a two-year period, or within such additional time period as may be granted by the planning commission, upon receipt of a written request for an extension of time prior to the expiration of the two-year period.

(Ord. 87-2 §§ 5.04-05 — 5.04-07, 1987)