Article V — MH Mobile Homes Combining District

17.68.280 - Purpose—Applicability of state provisions.

A.

The purpose of this article is to regulate the use of land for mobile home parks and to establish standards for the development of such parks in order to protect the health and safety of the community. The provisions of this section shall apply to zoning districts designated with the MH combining district.

B.

The provisions of this section are in addition to those of the California Health and Safety Code, and the regulations promulgated thereunder, pertaining to mobile home parks and except where this section imposes more restrictive requirements, the provisions of the state laws and regulations shall be applicable.

(Ord. 87-2 §§ 5.05-01, 5.05-02, 1987)

A.

Minimum Park Area and Access. A mobilehome park shall have a minimum of five acres, and shall include sufficient frontage on a public street or road to allow safe ingress and egress.

B.

Density and Minimum Lot Size. The maximum density for a mobile home park with a base zoning district of R2 shall be eight units per gross acre, and each mobile home park lot shall contain a minimum of five thousand square feet. In any other base zoning district, the density standards of the base zoning district shall apply. The maximum lot coverage for each mobile home lot shall be sixty percent.

C.

Setbacks.

1.

No mobile home shall be located closer than ten feet to the boundary line on either side of the mobile home lot, or closer than ten feet to the front boundary of said lot, or closer than fifteen feet to the rear boundary line of said lot.

2.

No mobile home shall be located closer than twenty feet to any recreational or commercial building, or laundry or service building.

3.

No mobile home shall be located closer than two hundred feet to the right-of-way of any freeway, or closer than one hundred feet to the right-of-way of any other public street or road.

4.

No parking space shall be closer than five feet to any lot line.

D.

Internal Roadways.

1.

Each mobile home lot shall have direct access to a private roadway within a mobile home park.

2.

All such roadways shall be at least twenty-two feet wide, and shall be paved not less than sixteen feet, and there shall be no parking on either side of the road.

E.

Parking. All parking spaces as required by this section shall measure nine feet in width by eighteen feet in depth and shall be surfaced with PCC or asphaltic concrete with header boards and shall be supported by suitable base materials. Guest parking spaces shall be suitably marked outlining individual parking spaces and traffic flow.

1.

On-site parking spaces for a minimum of two cars shall be provided on each mobile home lot. Said spaces may be in tandem.

2.

No parking shall be allowed in the front setback area.

3.

Off-street parking on the basis of one parking space for each three hundred square feet of gross floor space in the recreational, all-purpose laundry or community building shall be provided. Said spaces shall be adjacent to said facilities or within a one hundred foot radius of the exterior walls of such structure.

4.

Off-street parking for guests shall be on the basis of one parking space for each three mobile home lots. Said parking spaces shall be distributed throughout the park in a reasonable manner.

F.

Walls and Landscaping.

1.

A six-foot wall or screen shall surround the entire perimeter of the mobile home park and shall consist of one or any combination types:

a.

Walls. A wall shall consist of concrete, stone, brick, or tile, or similar type of solid masonry material with a minimum thickness of four inches.

b.

Screens. A wrought iron, open weave or mesh type fence shall be combined with plant materials to form an opaque screen.

c.

Planting. Plant materials, when used as screen, shall consist of compact evergreen plants. Said plant materials shall be of a kind, or used in such a manner, so as to provide opaque screening.

2.

The wall or screen adjacent to any street frontage shall be decorative in nature, of a design approved by the planning commission, and shall be set back a minimum of ten feet from the right-of-way line. The resulting ten-foot area shall be landscaped.

3.

A five-foot wide landscape area shall be provided for inside the six-foot high wall adjacent to the property lines, except street frontage.

4.

Trees no less than eight feet in height shall be planted in landscaped areas adjacent to exterior property lines. The planting scheme shall be approved by the commission.

5.

Interior areas within the boundaries of the mobile home park surrounding the recreation facility and other miscellaneous common areas shall be landscaped.

6.

There shall be at least one street tree provided for each mobile home lot unless there is a tree already on the lot.

7.

All required landscape shall be equipped with automatic sprinkler systems and shall be permanently maintained.

G.

Recreation Facilities.

1.

A minimum of two hundred square feet of area for each mobile home site shall be devoted to recreational uses.

No building within the park shall exceed thirty-five feet in height.

3.

Concrete sidewalks a minimum of four feet wide shall be provided for foot traffic leading to recreational facilities and shall be designed so as to serve each lot.

H.

Storage Yards. Areas designed for storage of travel trailers, campers, boats, etc., shall be provided within the boundary of the mobile home park as per the following standards:

1.

One storage space shall be provided for each three mobile home sites.

2.

Each storage space shall measure ten feet in width by twenty-five feet in depth.

3.

The storage yard shall be paved with asphaltic concrete with suitable base materials.

4.

The storage yard shall be located in an unobtrusive manner within the confines of the park, as approved by the city.

5.

The storage yard shall be surrounded and screened from view by a six-foot-high opaque screen or wall and shall be equipped with a six-foot-high sight-obscuring gate.

I.

Garbage and Trash Receptacles.

1.

On-site garbage cans shall be installed below finish grade.

2.

Central collection areas shall be established for trash and garbage disposal. Each collection area shall be appropriately screened so as to conceal the use.

J.

Clothes Drying Yards. If clothes drying yards are provided, they shall be completely screened from view. Such screening shall be subject to the approval of the planning commission.

K.

Utilities, Antennas and Interior Street Lights. All utility service, cable radio or television antennas or service shall be underground. All interior streets shall be lighted with street electrolier-type light standards according to standards approved for street safety.

L.

Sewers. Each mobile home lot shall be connected to a city sewer or to a system approved by the proper jurisdiction.

M.

Commercial Uses. Commercial uses shall not be permitted in any mobile home park irrespective of the zone in which the park is located, other than those services for the use and convenience of residents of the mobile home park. Additionally, a resident directory, lighted, may be placed inside the park in a position where it is visible from the entry drive.

N.

Street Names and Numbers. All street names and the park numbering system shall be approved by the planning commission.

O.

Miscellaneous Requirements.

1.

Only one mobile home may be placed on a lot.

2.

No equipment shall be permitted above the roof line of any mobile home.

3.

No mobile home shall be hauled to, or stored within a mobile home park unless it is properly erected on a site approved for such use.

4.

Aviaries, poultry, farm animals and horses are prohibited.

5.

No storage under a mobile home is permitted except for operating equipment which is a part of the mobile home.

(Ord. 87-2 § 5.05-03, 1987)

Article VI. - SP Site Performance District

The SP Site Performance Combining District, when attached to the base zoning district, is intended to provide for a greater level of mitigation of land use impacts than is otherwise possible under the broad development standards of the base zone. This combining district is also intended to allow for conditional approval of rezonings and prezonings.

(Ord. 87-2 § 5.07-01, 1987)

Conditions may be attached based on initial environmental review or as suggested by an environmental impact report, specific plan, as defined by state law, with the final conditions being at the discretion of the city council, provided that the council finds that conditions associated with the combining district are necessary and reasonable to protect the public, in consideration of the performance standard contained in this title and of the requirements of the California Environmental Quality Act. When conditions are established by a development agreement, the PA Development Agreement Combining District may be

used. Conditions may include a limitation on permitted uses or any other standards deemed appropriate by the city council, based on site-specific conditions.

(Ord. 87-2 § 5.07-02, 1987)

Where the Site Performance combining district is used, the ordinance containing the conditions of prezone or rezoning shall be shown on the Zone District Map for reference.

(Ord. 87-2 § 5.07-03, 1987)

Article VII. - DA Development Agreement Combining District

The PA Development Agreement combining district is intended to be attached to base zoning districts which are further restricted or governed by a development agreement between the land owner and the city. This combining district is an administrative district for purposes of indicating on the Zone District Map that such an agreement exists. The city staff is authorized to place this combining district on the Zone District Map, after such an agreement has been executed by the city.

(Ord. 87-2 § 5.08-01, 1987)

Article VIII. - AN Annexation Combining District

The AN Annexation combining district is intended to be attached to the base zoning districts of parcels annexed after April 24, 1985. The district is administrative in nature and the city staff is authorized to attach

the combining district to any such annexed lands. The purpose of the combining district is to identify lands which are affected by ordinances requiring payment of development fees or other mitigation measures, so that such fees or conditions may be required at the time of site plan, conditional use permit, or land division approval. Such fees shall be payable prior to the issuance of a building permit or prior to the recording of the final or parcel map, whichever occurs first.

(Ord. 87-2 § 5.09-01, 1987)

Article IX. - X Excluding Subdivision Combining District

The X Excluding Subdivision combining district is intended to prohibit further division of the lands where the combining district is shown on the Zone District Map. The purpose of the district is to provide a method of mitigating the impacts of current projects by allowing the city to permanently freeze parcel sizes. As an example, a planned development project might cluster development or lots on one portion of a large parcel while leaving the remaining area of the parcel as open space. By applying the "-X" combining district to the open space parcel, future additional divisions of the property can be avoided.

(Ord. 87-2 § 5.10-01, 1987)

In order to protect the integrity and intent of the district, no rezoning of property designated with the "-X" combining district shall be made to allow a division of the property until a finding is first made by the planning commission and city council that the rezoning would be in the public's interests.

(Ord. 87-2 § 5.10-02, 1987)

Article X. - Minimum Lot Area Combining District

In any zoning district, the minimum lot size provided therein may be increased to an alternative minimum lot size requirement by utilizing the minimum lot area combining district defined herein. All other provisions of the base zoning district, including, but not limited to, land uses, frontages, setbacks, and building heights shall remain in effect. The purpose of this combining district is to provide for greater flexibility in establishing lot development density where necessary. This designation is for the purpose of controlling future subdivision and shall not prohibit lots in existence at the time of this article amendment from reasonable improvement of their property consistent with the site development standards of the base zoning district. When used in conjunction with the PD combining district, the minimum area designation shall establish the density allowed in developing the property so designated.

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

A number following the base district zoning regulation shall specify the minimum lot size in acres, or if enclosed in parenthesis, the minimum lot size in square feet.

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

Chapter 17.70 - FORMULA BUSINESS RESTRICTIONS AND REGULATIONS

The purpose of this chapter is to restrict and regulate the location and design of formula business establishments to maintain the unique and historic character of Nevada City, the diversity and distinctiveness of its commercial areas, and the small town quality of life for its residents and visitors while preserving and protecting the economic vitality of local businesses.

(Ord. No. 2016-01, § I, 2-10-2016)

The regulations in this chapter apply City-wide to any proposed commercial development meeting the definition of a Formula Business that is not expressly conditionally permitted with a use permit by this chapter.

(Ord. No. 2016-01, § I, 2-10-2016)

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

"Formula Business" shall mean a commercial business or use which, by ownership, franchise, contractual or other arrangement, established or recognized business practice, or membership affiliation, that maintains, as part of a group of ten or more similar businesses located outside Nevada City, any of the following:

1.

Business name common to similar businesses located elsewhere;

2.

Appearance, business presentation or other similar features, which make the business substantially similar to other businesses located elsewhere;

3.

Use of a trademark or logo common to similar businesses located elsewhere (not including logos or trademarks used to indicate participation in a buying group or cooperative of smaller independent businesses to obtain volume pricing, including but not limited to, National Automotive Parts Association (NAPA) or Independent Grocers Alliance (IGA), or to reflect mention by rating organization, including, but not limited to, AAA, Mobile, Michelin or internet sites like Trip Advisor);

4.

Standardized services or uniforms common to similar businesses, chains or franchises located elsewhere;

5.

Interior décor common to similar businesses located elsewhere; or

6.

Architecture, exterior design, interior décor or signs common to similar businesses located elsewhere.

"Restaurant" that can be determined to be a Formula Business means an eating establishment devoted to the preparation and offering of food and beverages for sale to the public for consumption either on or off the premises, including cafes, coffee houses, and fast food and drive-through establishments.

"Retail Commercial Establishments" that can be determined to be a Formula Business means all businesses selling goods or merchandise of any kind to the public at retail, including discount and factory stores.

"Service Businesses" that can be determined to be a Formula Business means businesses that only provide services for a fee rather than goods. Businesses selling goods from a showroom in addition to providing services shall be considered "Retail Commercial Establishments".

(Ord. No. 2016-01, § I, 2-10-2016)

17.70.040 - Formula Businesses Prohibited and Restricted.

A.

Prohibited: Notwithstanding other provisions of Title 17 Zoning, all Restaurants and Retail Commercial Establishments determined to be Formula Businesses are prohibited in all zones in Nevada City.

B.

Restricted: Where specified as a permitted use in the zone where they are proposed to be located and determined to be necessary to the economic vitality of the city, Service Businesses and Formula Businesses that are normally conducted as a branch or as part of a chain or franchise meeting the definition of a Formula Business rather than an individual business, may be permitted as conditional uses with a use permit upon making the required additional special findings required in subsection C. Such conditional uses include, but are not limited to:

Banks and financial institutions;

2.

Automobile service or fueling stations, garages, tire repair shops and auto supply stores;

3.

Health and fitness clubs; and

4.

Boutique hotels or motels, with locally unique names and identities.

C.

Required findings for approval of use permits: In order to approve or conditionally approve any application for a use permit for a Formula Business allowed herein as a conditional use, the following special findings must be made:

1.

That the proposed use is necessary to preserve Nevada City's economic vitality and will not create an undue concentration of such Formula Businesses in the area.

2.

That the proposed use will contribute to an appropriate balance of business sizes and presents a scale and design in harmony with the historic, small town character of Nevada City;

3.

That the proposed development is consistent with and will enhance Nevada City's history of independent, unique, and single location businesses, thus contributing to the uniqueness of the town;

4.

That the proposed development does not detract from, but complements and enhances the architectural integrity and eclectic combination of architectural styles of Nevada City evoking the Mother Lode era; and

5.

That the sign for the proposed use does not include any trademark or logo identifying it as a Formula Business.

D.

This section is in addition to other regulations set forth elsewhere in this title. In the event of a conflict between the provisions of this section and any other regulations in this title, the provisions of this section

shall prevail.

E.

Businesses and uses lawfully commenced prior to the effective date of the ordinance adopting this chapter shall be allowed to continue as nonconforming uses subject to Chapter 17.76.

(Ord. No. 2016-01, § I, 2-10-2016)

Chapter 17.72 - RESIDENTIAL DEVELOPMENT AND CONDITIONAL USE REGULATIONS

Except as permitted by other provisions of this title, no lot shall contain any building used in whole or in part for residential purposes, unless such lot abuts for at least seventy-five (75) feet on a street, except that where cul-de-sacs are approved, the minimum frontage of any lot abutting on such cul-de-sac shall be fifty-five (55) feet. Existing lots of record which abut on a street for less than seventy-five (75) feet are exempt from the foregoing requirement.

(Ord. 94-02 Exh. F (part), 1994: Ord. 87-2 § 6.01, 1987)

New lot frontage is generally to be provided on city-owned public streets. The city will consider approving lots with frontage on new or existing private streets using the frontage outlined above, provided that the proposed private street meets the following criteria:

A.

The lot where the private street exists or is proposed has a minimum of one hundred eighty (180) feet on an existing city street.

B.

The private street is or will be located in such a way that it is not immediately adjacent to neighboring properties' side yards.

C.

In considering new private streets, the city reserves the right to require offers of dedication to serve other lands adjoining or beyond the property under consideration for development, and to allow for future city acceptance of such streets.

D.

Minimum lot sizes shall be calculated as the net area of the lot, exclusive of any public street easements or street easements offered for dedication.

E.

Multifamily and nonresidential land use development will be considered with private road frontage on a case-by-case basis.

F.

The city may require that a road maintenance and snow removal agreement be provided wherever new development is served by private streets.

(Ord. 94-02 Exh. F (part), 1994)

17.72.020 - Accessory dwelling units—Purpose and definitions.

A.

Purpose. The City of Nevada City finds and declares that accessory dwelling units are an important form of housing that contributes to the character and diversity of housing opportunities in Nevada City. Accessory dwelling units provide workforce housing, housing for family members, students, elderly, in-home health care providers, the disabled and others, at below market rental rates within existing neighborhoods. It is the intent of Nevada City to encourage accessory dwelling units and, additionally, to impose standards on such units that will enable homeowners to create accessory dwelling units that will be compatible, as much as possible, with their neighborhoods. An additional purpose of this ordinance is to comply with Sections 65852.2 and 65852.22 of the California Government Code relative to accessory dwelling units and junior accessory dwelling units.

B.

Definitions.

(1)

The terms "accessory dwelling unit," "public transit," "passageway, and "tandem parking" all have the same meaning as that state in Government Code section 65852.2 as that section may be amended time to time.

(2)

"Housing Organization" as defined in Section 65589.5, subdivision (k)(2).

(3)

"Junior accessory dwelling unit" shall have same meaning as that stated in Government Code section 65852.22(h)(1) as that section may be amended time to time.

(Ord. No. 2008-13, 12-10-2008; Ord. No. 2020-01, § 1, 1-24-2020)

Editor's note— Ord. No. 2008-13, adopted December 10, 2008, amended Section 17.72.020 in its entirety to read as herein set out. Former § 17.72.020, pertained to second dwelling units—detached units and derived from Ord. 90-1 Exh. E (part), 1990; Ord. 87-2 § 6.02, 1987.

17.72.022 - Accessory dwelling units—Application for accessory dwelling unit permit.

A.

Accessory dwelling units are permitted in all zones within the City where single-family or multi-family residential units are permitted, subject to the owner first obtaining an accessory dwelling unit permit from City staff. Any application for an accessory dwelling unit that meets the unit size standards and development standards contained in Sections 17.72.024 and 17.72.026, or is the type of accessory dwelling unit described in Section 17.72.027, shall be approved ministerially by the city planner by applying the standards herein and without a public hearing.

B.

An application for an accessory dwelling unit shall be made by the owner of the parcel on which the primary unit sits and shall be filed with the city planner on a city-approved application form and subject to the established fee.

(Ord. No. 2008-13, 12-10-2008; Ord. No. 2020-01, § 1, 1-24-2020)

Editor's note— Ord. No. 2008-13, adopted December 10, 2008, amended and renumbered Section

17.72.030 in its entirety to read as herein set out. Former § 17.72.030, pertained to second dwelling units— attached units and derived from Ord. 90-1 Exh. E (part), 1990; Ord. 87-2 § 6.03, 1987.

The maximum floor area of an accessory dwelling unit shall not exceed either:

A.

Eight hundred fifty (850) square feet for an accessory dwelling unit that is a studio or one-bedroom unit; or

B.

One thousand (1000) square feet for an accessory dwelling unit that has two or more bedrooms.

(Ord. No. 2008-13, 12-10-2008; Ord. No. 2020-01, § 1, 1-24-2020)

Editor's note— Ord. No. 2008-13, adopted December 10, 2008, amended and renumbered Section 17.72.032 in its entirety to read as herein set out. Former § 17.72.032, pertained to second dwelling units— splitable lots and derived from Ord. 2003-04 (part), 2003.

Any permit for an accessory dwelling unit shall be subject to the development standards listed below.

A.

Legal lot/residence. An accessory dwelling unit shall only be allowed on a lot within the city that contains a legal, single-family or multi-family residence as an existing or proposed primary unit on a lot.

B.

Number of accessory dwelling units per lot.

For lots with proposed or existing single-family residences, no more than one (1) attached or detached accessory dwelling unit shall be permitted on the lot.

a.

Notwithstanding the above, a lot with a single-family residence may have one (1) junior accessory dwelling unit and (1) detached accessory dwelling unit.

2.

For lots with existing multi-family residential dwellings:

a.

No more than twenty-five percent (25%) of the number of the existing units, but at least one (1) unit, shall be permitted as accessory dwelling units constructed within the non-livable space of the existing building provided that applicable building codes are met; or

b.

Up to two (2) of either of the following types of units: a detached accessory dwelling unit or a new construction attached unit that adds square footage to the footprint of an existing building may be constructed, provided that such unit shall not exceed sixteen (16) feet in height, and must have a minimum of four-foot side and rear yard setbacks. If such a unit complies with standard setbacks of the zoning designation, then a newly constructed unit may be constructed over an existing, permitted garage or carport, not to exceed twenty-five feet (25') in height. The maximum square footage of detached accessory dwelling units on lots with existing multi-family residential dwellings shall comply with the limits set forth in Section 17.72.024.

C.

Building Code Compliance. All new accessory dwelling units must satisfy the requirements contained in the building code and fire code as currently adopted by the city, including applicable energy efficiency standards associated with Title 24 of the California Code of Regulations. However, fire sprinklers shall not be required if they are not required for the primary residence.

D.

Fees and Charges.

1.

City/public utilities.

a.

All accessory dwelling units must be connected to public utilities, including water, electric, and sewer services.

b.

Except as provided in subsection c below, the City may require the installation of a new or separate utility connection between the accessory dwelling unit and the utility. The connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit based on either its square feet or number of drainage fixture unit values.

c.

No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the accessory dwelling unit is being constructed in connection with a new single-family dwelling.

d.

Regardless of where it is located, for the purposes of calculating utility connection fees or capacity charges, accessory dwelling units shall not be considered a new residential use unless the accessory dwelling unit was constructed with a new single-family dwelling.

2.

Impact Fees.

a.

For accessory dwelling units of seven hundred fifty (750) square feet or larger, all impact fees applicable to accessory dwelling unit's construction shall be paid to the city in amounts proportional to the size of the accessory dwelling unit relative to the square footage of the primary dwelling unit.

b.

For accessory dwelling units seven hundred forty-nine (749) square feet or smaller, no impact fees shall be charged, unless otherwise allowed by state law.

c.

For purposes of this subsection, "impact fee" has the same meaning as specified in Government Code section 66000(b) and also includes in-lieu park fees as specified in Government Code section 66477.

3.

Application Fees. Application fees for an accessory dwelling unit shall be paid in an amount specified by resolution of the City Council.

4.

Exception for lower income housing. Newly permitted accessory dwelling units shall not be required to pay application, or sewer and water hookup fees if accompanied by a deed restriction ensuring affordable rent to low or very low income household, as defined in Sections 50105 and 50079.5 of the California Health

and Safety Code. Said deed restriction shall be effective for a minimum of 30 years. (2003 Housing Element Policy 2b).

E.

Parking.

1.

The City shall not require the owner to provide more than one additional parking space per accessory dwelling unit or per bedroom, whichever is less. The required parking space may be provided as:

a.

Tandem parking on an existing driveway; or

b.

Within a setback area or as tandem parking in locations determined feasible by the City for such use. Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the City.

2.

No parking shall be required for a studio accessory dwelling unit that does not have a separate bedroom.

3.

Notwithstanding the foregoing, no parking spaces shall be required for accessory dwelling units in the following instances:

a.

It is located within one-half mile walking distance of public transit;

b.

It is located within an architecturally and historically significant district;

c.

It is part of a proposed or existing primary residence or an accessory structure;

d.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

e.

Where there is a car share vehicle located within one block of the accessory dwelling unit.

4.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street parking spaces do not have to be replaced.

F.

Occupancy. Until January 1, 2025, the City shall not impose an owner-occupancy requirement on any newly permitted accessory dwelling unit on a lot with a single family dwelling. After that date this prohibition shall no longer be of force and effect unless otherwise prohibited by state law, and one of the units on the property must be occupied by the property owner. The city shall require the property owner to file a deed restriction outlining the owner-occupancy requirement. The purpose of the deed restriction is to create a perpetual notice to the new purchasers of the requirement to maintain the owner-occupancy requirement. This requirement shall not apply to lots zoned for multifamily residential use.

G.

Prohibition on separate sale of accessory dwelling unit. Accessory dwelling units may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.

H.

Conversion of existing primary unit. An existing primary dwelling may be converted to a dwelling unit if it complies with all applicable requirements of this ordinance. If so, a new, larger primary residence may be constructed.

I.

Design requirements for new units. All new accessory dwelling units must comply with the following design requirements:

1.

The materials, colors, and architecture shall be similar to and compatible with those of the primary unit.

2.

Accessory dwelling units shall not exceed 16-feet in height unless constructed over a garage, in which case the ADU shall not exceed the height of the primary residence or 35-feet.

3.

Accessory dwelling unit entrances shall be oriented to face the street except that if topographic or other site constraints prevent such orientation, the entrance shall be screened from neighboring properties.

4.

Lighting shall not spill on to neighboring lots.

J.

Accessibility standards. New construction of any ground level accessory dwelling unit shall be designed and constructed to allow for disability/accessibility standards. Plans shall demonstrate future entrance capability and actual construction shall include adequate door and hallway widths, maneuvering space in kitchens and bathrooms, and structural reinforcements for grab bars.

K.

No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

L.

For residential development, the garage door shall remain in place and look functional, or the garage door shall be removed. If the door is removed, the project shall include architectural features (including siding, doors, windows, trim and accent details), and landscaping (such as a landscape strip to disconnect the driveway from the building wall) so it is not apparent that the structure was originally a garage.

M.

Any ADU taking advantage of reduced setbacks pursuant to Section 17.72.027 shall not have doors or windows within such setback unless required to meet health and safety requirements.

N.

Limitation on Use as a Hosted Short-term Rental: The following types of accessory dwelling units shall not be permitted to operate as a hosted short-term rental pursuant to Chapter 17.72.080.

1.

Any detached accessory dwelling unit in excess of 800 square feet;

2.

Any attached unit in excess of 640 square feet; or

3.

Any unit permitted under the provisions allowed by Section 17.72.027.

O.

Setback requirements.

1.

No setbacks are required for accessory dwelling units that are created by converting existing living area or existing accessory structures to new accessory dwelling units or constructing new accessory dwelling units in the same location and to the same dimensions as an existing structure.

For all other accessory dwelling units, there must be a minimum of four feet from side and rear lot lines, and comply with all other applicable front yard setbacks.

3.

Any ADU or JADU that does not meet the setback standards of the base zoning designation shall not be permitted to utilize yard exceptions pursuant to Section 17.84.040 or be permitted for any further projections into side or rear yards pursuant to Section 17.84.050

P.

A detached ADU may include an attached unconditioned garage that does not exceed 250 square feet.

(Ord. No. 2008-13, 12-10-2008; Ord. No. 2020-01, § 1, 1-24-2020; Ord. No. 2020-13, § 1, 7-23-2020)

Editor's note— Ord. No. 2008-13, adopted December 10, 2008, amended and renumbered Section 17.72.034 in its entirety to read as herein set out. Former § 17.72.034, pertained to second dwelling units— pre-2003 homes (attached units only) and derived from Ord. 2003-04 (part), 2003.

17.72.027 - Accessory dwelling units—Permitted regardless of compliance with other development standards and regulations.

A.

Accessory dwelling unit permits shall be approved for the following types of accessory dwelling units, regardless of whether the application meets the development standards contained in this Title 17.

1.

For lots with single family dwellings, one of the following:

a.

One interior accessory dwelling unit or one junior accessory dwelling unit per lot constructed within an existing or proposed single-family or accessory structure, including the construction of up to a one hundred fifty (150) square foot expansion beyond the same physical dimensions as the existing accessory dwelling structure to accommodate ingress and egress. The accessory dwelling unit or junior accessory dwelling unit must have exterior access and side and rear setbacks sufficient for fire safety. If the unit is a junior accessory dwelling unit, it must also comply with the requirements of section 17.72.032 below; or

b.

One new, detached accessory dwelling unit with a minimum four-foot side and rear setbacks, up to eight hundred (800) square feet and no more than sixteen (16) feet high on a lot with an existing or proposed single family dwelling. A junior accessory dwelling unit may also be built within the existing or proposed dwelling of such residence in connection with the accessory dwelling unit.

2.

For lots with existing multifamily dwellings:

a.

Accessory dwelling units may be constructed in areas that are not used as livable space within an existing multi-family dwelling structure (i.e., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior accessory dwelling units permitted on the lot shall not exceed twenty-five percent (25%) of the current number of units of the multi-family complex on the lot and at least one such unit shall be allowed. Units constructed pursuant to this subsection shall not exceed eight hundred (800) square feet in floor area; and

b.

Up to two (2) of either of the follow types of units: a detached accessory dwelling unit or a new construction attached unit that adds square footage to the footprint of an existing building may be constructed, provided they, do not exceed eight hundred (800) square feet in floor area, are no taller than sixteen (16) feet, and they have at least four (4) feet of side and rear yard setbacks.

B.

Accessory dwelling units approved under this Section 17.72.027 shall not be rented for a term of less than thirty (30) days.

C.

Accessory dwelling units or junior accessory dwelling units approved under this Section 17.72.027 shall not be required to correct legal nonconforming zoning conditions.

(Ord. No. 2020-01, § 1, 1-24-2020; Ord. No. 2020-13, § 2, 7-23-2020)

17.72.028 - Accessory dwelling units—General plan consistency.

In adopting these standards, the city recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The city finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to dwelling units, and that the amendment furthers the goals, objectives, and policies of the general plan housing element.

(Ord. No. 2008-13, 12-10-2008; Ord. No. 2020-01, § 1, 1-24-2020)

Editor's note— Ord. No. 2008-13, adopted December 10, 2008, amended and renumbered Section 17.72.036 in its entirety to read as herein set out. Former § 17.72.036, pertained to post-2002 constructed single-family homes in R-1 and R-2 zones (homes constructed after January 1, 2003) and derived from Ord. 2003-04 (part), 2003.

17.72.029 - Junior Accessory Dwelling Units.

A.

Purposes: This Section provides standards for the establishment of junior accessory dwelling units, an alternative to the standard accessory dwelling unit. Junior accessory dwelling units will typically be smaller

than an accessory dwelling unit, will be constructed within the walls of an existing or proposed single family residence and requires owner occupancy in the single family residence where the unit is located.

B.

Size: A junior accessory dwelling unit shall not exceed 500 square feet in size.

C.

Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner-occupancy is not required if the owner is a governmental agency, land trust, or housing organization.

D.

Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel.

E.

Short term rentals: The junior accessory dwelling unit shall not be rented for periods of less than 30 days.

F.

Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall be created within the existing walls of an existing primary dwelling.

G.

Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter, cooking appliances, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

H.

Parking: No additional parking is required beyond that required at the time the existing primary dwelling was constructed.

I.

Fire Protection; Utility Service: For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with a new single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the junior accessory dwelling unit is being constructed in connection with a new single-family dwelling.

J.

Deed Restriction: Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner shall record a deed restriction in a form approved by the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, requires owneroccupancy consistent with subsection (C) above, does not permit short-term rentals, and restricts the size and attributes of the junior dwelling unit to those that conform with this section.

(Ord. No. 2020-01, § 1, 1-24-2020)

17.72.030 - Accessory dwelling units/Junior accessory dwelling units—Appeal process.

A.

Applicants may file an appeal for any staff decision related to an accessory dwelling unit or junior accessory dwelling unit permit consistent with this section.

B.

The appeal shall be made to the planning commission. The planning commission shall review the appeal at a public meeting. The appeal, however, shall be reviewed and either approved or rejected ministerially, in the same manner as described in Section 17.72.022 of this chapter, and not as part of a noticed hearing. The planning commission will not consider such an appeal, unless the appeal contains allegations that the determination to deny or impose conditions exceeded the authority granted to the city planner by this chapter. Said appeal must be filed within fifteen (15) days in accordance with the provisions of Section 17.88.050 of this Municipal Code.

(Ord. No. 2008-13, 12-10-2008; Ord. No. 2020-01, § 1, 1-24-2020)

Editor's note— Ord. No. 2008-13, adopted December 10, 2008, amended and renumbered Section 17.72.036 in its entirety to read as herein set out. Former § 17.72.036, pertained to post-2002 constructed single-family homes in R-1 and R-2 zones (homes constructed after January 1, 2003) and derived from Ord. 2003-04 (part), 2003.

"Guest houses" means living quarters within a detached 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 be rented or otherwise used as a separate dwelling. Guest houses must be less than three hundred (300) square feet in area. Guest houses are not considered accessory dwelling units or junior accessory dwelling units for the purposes of this Chapter, so no accessory dwelling unit permit is required and they are not subject to the regulations contained in this Chapter.

(Ord. 2003-04 (part, 2003; Ord. No. 2020-01, § 1, 1-24-2020)

17.72.040 - Deep lot development.

Within the city, the single-family residential zone normally permits only one unit on each lot. The city recognizes that there are circumstances where this regulation results in a hardship to the owners of those lots which exceed one hundred fifty-five feet in depth. It is recognized that the location of existing

buildings, the lack of sufficient lot area, or the condition of surrounding property sometimes makes it impossible to provide for standard subdivision development. In such case, this title gives discretionary authority to the planning commission to approve a cluster type development subject to certain conditions. This type of development of deep lots is not an automatic right of the property owners, and is allowed only if certain conditions can be met and the city is satisfied that the normal single unit character and density of the neighborhood will not be damaged. These regulations will not permit a motel, tourist court, or similar type of development. The following are minimum standards to qualify for a conditional use permit to develop a cluster type development on a deep lot:

A.

The property is of such size, shape, area, or has existing conditions as would prevent it from being subdivided in a normal manner with new streets and standard size, lots, either individually or in conjunction with neighboring properties;

B.

The property must be over one hundred fifty-five feet in depth;

C.

There must be an open driveway access from the street past the dwelling unit at least ten feet in width where units are erected on one side of the driveway, or twenty feet in width if units are or can be erected on two sides of the driveway;

D.

The total number of dwelling units to be allowed on the entire property is determined by dividing the area of the property by ten thousand square feet. Any dwelling unit or units now existing on the lot must be included in determining how many units can be erected on the lot;

E.

All dwelling units erected on a lot are normally required to be detached single-family dwellings. Dwelling units will not be permitted as duplexes, triplexes, or multifamily apartments, except as provided for under Article IV of Chapter 17.68 of this title, and approved by use permit;

F.

At least two off-street parking spaces must be provided on the property for each dwelling unit. The spaces may be provided as a paved area, carport or garage;

G.

Paved areas should be kept to a minimum in order to provide as much usable open space as possible.

(Ord. 87-2 § 6.04, 1987)

Property in the Residential zones may be used for a home occupation consisting of either an office (including professional offices and studios) or business of a personal service nature, or light craft work, subject to the following conditions:

A.

A conditional use permit shall be required, with the additional finding required that the proposed home occupation will not interfere or alter the residential nature of the existing neighborhood;

B.

Such use must be confined to the residents of the dwelling and shall not exceed two (2) persons engaged therein;

C.

An unlighted sign shall be allowed having an area not to exceed two square feet. Said sign shall be placed flat against the building, and shall be reviewed by the planning commission under the sign review procedure;

D.

The use will not result in a substantial increase in traffic. Traffic related to the operation of the business shall be limited to six vehicle trips per day (three visits), unless the applicant can demonstrate that additional traffic will not have any substantial effect on the neighborhood and surroundings;

E.

The home occupation shall be conducted completely inside enclosed buildings. No building additions or new structures shall be permitted on property containing a home occupation at any time;

F.

No equipment, operation, or process shall be permitted in any home occupation that will result in or create vibrations, glare, fumes, odors, or electrical interference detectable off the premises and no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line wire voltage off the premises. No operation shall be permitted that will increase the use or storage of toxic, flammable or hazardous substances beyond the amounts normally associated with average household use;

G.

No equipment, operation or process shall be permitted that results in any substantial increase in ambient (average, existing) noise levels of the area, or which would exceed the provisions of the noise ordinance, whichever level is lower;

H.

Any home occupation approved under the provisions of this section shall run with the applicant, rather than the land. Any sale or change in tenants at the residence shall require that the permit be reapproved by the

new applicant prior to any continuation of the use;

I.

Any home occupation approved under the provisions of this section shall become null and void if discontinued for one hundred twenty days or more, requiring a new use permit approval before the use can be continued.

(Ord. 88-5 (part), 1988: Ord. 87-2 § 6.05, 1987)

17.72.060 - Administrative home occupations.

In the case of a home business that meets the criteria below, the city may issue administrative approval in the form of a business license, after receipt of a signed statement from the applicant certifying that the following conditions will be met:

A.

Such use will be confined to one resident of the dwelling;

B.

No signs will be used to identify the business;

C.

The use will not involve any increase in traffic. Any business-related trips to and from the home shall not exceed two vehicle trips per day (one visit);

D.

The use will not involve a shop or manufacturing use, and will not involve the use of any special equipment that is noticeable at the property lines. The use will not result in any noise increase over ambient (average, existing) noise levels at the property lines;

E.

The issuance of a business license will run with the applicant, not the property, and is not transferable;

F.

Upon receipt of a written complaint from any interested person, the city may review the home business for compliance with the terms and intent of this section. The city reserves the right to revoke the business license issued under the terms of this section, if a violation is identified;

G.

A fee shall be required for the initial review and issuance of an administrative home occupation permit equal to half the prevailing business license rate.

H.

The home occupation shall be conducted completely inside enclosed buildings. No building additions or new structures shall be permitted on a property containing an administrative home occupation, at any time.

(Ord. 88-5 (part), 1988: Ord. 87-2 § 6.06, 1987; Ord. No. 2016-03, § I, 7-6-2016)

Editor's note— Section 17.72.070 pertaining to bed and breakfast guest facilities as adopted by Ordinance 87-02 was repealed at the general municipal election in November of 1994 by approval of voter initiative Measure G.

17.72.080 - Hosted short-term rentals.

A.

Definitions. The following terms shall have the following definitions in this section.

1.

"Manager" shall mean the Owner or an agent of the Owner responsible for managing the Hosted short-term rental of a Unit(s) under this section.

2.

"Property" shall mean a single-family residential.

3.

"Owner" shall mean the record owner of the Property.

4.

"Hosted short-term rental" shall mean the rental of all or a portion of a Unit for less than thirty (30) days.

5.

"Unit" shall mean a room or dwelling unit on a Property used for sleeping or living quarters, including a guest house located on the Property.

B.

Hosted short-term rentals. Notwithstanding anything to the contrary in this code, including Sections 17.72.038 and 17.72.120, the Hosted short-term rental of Units within a Property by the Owner is permitted within all residential zones and uses subject to the following terms and conditions:

1.

The Owner shall register the Property annually with the City prior to offering any Unit for Hosted short-term rental. The Owner and Manager shall affirm in such registration that he, she or it shall comply with all requirements of this Section. The City may adopt and modify procedures for the registration of Properties

consistent with the requirements of this Section. However, the issuance of a registration shall be processed ministerially upon the filing of a full and complete application by the Owner.

2.

No more than two (2) Units within a Property may be rented or offered for rent at the same time.

3.

The Owner or Manager shall reside at the Property or in Nevada Cowity [County] to ensure adequate and timely response to any police, code enforcement or other City action related to the Property. The Owner or Manager shall provide emergency contact information to the City with its annual registration.

4.

Units shall comply with all applicable building and similar codes, including providing all required sanitation facilities.

5.

No more than one (1) vehicle per Unit shall be allowed during each Hosted short-term rental.

6.

The Owner or Manager shall comply with the requirements of Chapter 3.24 of this Code, including paying all applicable transient occupancy tax.

7.

This Section does not and is not intended to permit an Owner to use his or her Property solely for Hosted short-term rentals.

8.

The Owner and Manager shall comply with all applicable provisions of this Code and other applicable law. This Section does not authorize any activity otherwise prohibited by applicable law. Without limiting the foregoing, commercial meetings such as luncheons, parties, weddings, charitable fundraising, or other gathering for direct or indirect compensation are not allowed. In addition to any other applicable remedies, any violation of this section shall constitute a public nuisance.

9.

Owner or Manager, prior to the initial hosted short-term rental, will distribute a courtesy neighborhood notice of their intent to provide hosted short-term rental(s) and how short-term renters will be accessing the residence.

10.

Conduct Guidelines set forth by the City of Nevada City shall be presented to hosted short-term renters prior to or upon their occupancy of the unit.

(Ord. No. 2015-12, § I, 12-9-2015)

Editor's note— Section 17.72.080 pertaining to short term rentals as adopted by Ordinance 94-04 was repealed at the general municipal election in November of 1994 by approval of voter initiative Measure F. This new section 17.72.080 reflects adoption without change of a new Initiative measure presented with certification to the City Council on November 18, 2015, pursuant to California Elections Code § 9215.

A.

Small Family Day Care Homes—One (1) to Six (6) Children. Small family day care homes shall be considered a residential use of property and shall be a permitted use in all zones in which residential uses are permitted.

B.

Large Family Day Care Homes—Seven (7) to Twelve (12) Children.

1.

A large family day care home shall be considered a residential use of property and shall be a permitted use in all zones in which residential uses are permitted, subject to first obtaining a permit to operate. The application fee for such permit shall be identical to that set by resolution for environmental review.

2.

a.

The city planner shall review and decide the permit to operate applications. The permit shall be granted if the large family day care home complies with local ordinances, if any, prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to such homes, and complies with applicable regulations adopted by the State Fire Marshal. Operations shall be consistent with Nevada City's noise ordinances implementing the noise element of the general plan and shall take into consideration the noise levels generated by children and the potential impact on adjoining residents.

b.

Not less than ten (10) days prior to the date on which the decision will be made on the application, the city planner shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a one hundred (100) foot radius of the exterior boundaries of the proposed large family day care home. No hearing on the application for a permit issued pursuant to this section shall be held before a decision is made unless a hearing is requested by the applicant or other affected person. The applicant or other affected person may appeal the decision to the planning commission. The appellant shall pay the cost, if any, of the appeal.

c.

Use of a single-family dwelling for the purposes of a large family day care home shall not constitute a change of occupancy for purposes of local city and county building and fire codes.

d.

Large family day care homes shall be considered as single-family residences for the purposes of the State Uniform Building Standards Code and city and county building and fire codes, except with respect to any additional standards specifically designed to promote the fire and life safety of the children in these homes adopted by the State Fire Marshal.

(Ord. 94-01 Exh. D, 1994)

Chapter 17.74 - TWO-UNIT HOUSING DEVELOPMENT

17.74.010 - Two-unit housing development.

A.

For purposes of this section, the following definition shall apply:

1.

"Housing development" shall mean no more than two residential units within a single-family zone that meets the requirements of this section. The two units may consist of two new units or one new unit and one existing unit.

B.

The city shall ministerially approve a housing development containing no more than two residential units if it meets the following requirements:

1.

The parcel is located within a single-family residential zone.

2.

The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.

3.

The parcel is not located in any of the following areas and does not fall within any of the following categories:

a.

A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.

b.

Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2(June 21, 1993).

c.

A very high fire hazard severity zone as further defined in Government Code section 65913.4(a)(6)(D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

d.

A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

e.

A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:

i.

The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or

ii.

The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4(a)(6)(G)(ii);

f.

A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.

g.

Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 ( commencing with Section 1900) of Division 2 of the Fish and Game Code).

h.

Lands under a conservation easement.

4.

The proposed housing development would not require demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

b.

Housing that is subject to any form of rent or price control by the city;

c.

A parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application; or

d.

Housing that has been occupied by a tenant in the last three years.

5.

Demolition of an existing unit shall not exceed more than 25 percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.

C.

Standards and Requirements. The following requirements shall apply in addition to all other objective standards pertaining to the single-family residential zone:

1.

No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

Except for those circumstances described in section B.1 above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the single-family residential zone.

3.

The applicant shall provide easements for the provision of public services and facilities as required.

4.

All lots shall have a minimum street frontage of twelve feet to provide for vehicular access, or an equivalent access provided by a duly recorded access easement.

5.

Off-street parking shall be limited to one space per unit, except that no parking requirements shall be imposed in either of the following circumstances:

a.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or

b.

There is a car share vehicle located within one block of the parcel.

6.

For residential units connected to an onsite wastewater treatment system (septic tank), the applicant provides a percolation test completed within the last 5 years, or if the percolation test has been recertified, within the last 10 years, which shows that the system meets acceptable infiltration rates.

D.

The city shall not require or deny an application based on any of the following:

1.

The city shall not impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.

2.

The city shall not deny an application solely because it proposes adjacent or connected structure provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.

E.

An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following:

1.

That the uses shall be limited to residential uses.

2.

That the rental of any unit created pursuant to this section shall be for a minimum of thirty-one days.

3.

That the maximum number of units to be allowed on the parcels is two, including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to Sections 17.72.020 through 17.72.038.

F.

The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

G.

The provisions of this section supersede any contrary provisions in the Nevada City Municipal Code to the contrary.

(Ord. No. 2021-10, § 2, 12-8-2021)

Chapter 17.76 - NONCONFORMING USES

No nonconforming use or nonconforming building, except when required by law or order or allowed under Section 17.76.020 of this chapter, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless a variance is granted or unless the change will bring the use or the building within the existing zoning requirements.

(Ord. 87-2 § 11.30, 1987)

17.76.020 - Minor additions—Addition of accessory buildings.

A.

Minor additions or accessory buildings may be allowed to legal nonconforming single-family dwellings or to accessory buildings under the city's architectural review process without the approval of the variance providing that all of the following conditions are met:

1.

The single-family residence being altered, remodeled or accessory building added to was constructed prior to December 27, 1973, the date of the original adoption of the zoning ordinance;

2.

The proposed addition will not increase the existing floor area of the structure being altered by more than twenty percent (in the case of the construction of a new accessory building, there is no size limitation);

3.

The nonconformance of the existing residence is based on existing setback encroachments and/or lot area, lot width or lot frontage deficiencies;

4.

No portion of the proposed new addition or new accessory building will encroach into the setbacks currently require by this title in the base or combining district regulations; and

5.

The property is used expressly for a single-family dwelling use and the base zoning district is R1 or R2, and no conditional uses, such as guest houses, second housing units or bed and breakfast uses exist on the property.

(Ord. 88-11 (part), 1988)

Any nonconforming building or nonconforming use other than a single-family dwelling, that is destroyed due to damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God, may be restored, repaired, reconstructed or used to its original size and use, provided that the building permit is obtained and work is commenced within six months. Any nonconforming building used as a single-family dwelling may be restored to its original size and use with no time limit.

(Ord. 87-2 § 11.40, 1987)

(a)

If a nonconforming use is discontinued for a period of one year, then all rights regarding the nonconforming use shall be terminated and the existing zoning district regulations shall apply to any further use of the property.

(b)

Any determination of discontinuance of a use allowed by a conditional use permit, pursuant to (a) above, shall proceed in accordance with section 17.88.020F of this Code, and shall include a review of all relevant

evidence.

(Ord. 87-2 § 11.45, 1987; Ord. No. 2015-01, § 4, 1-14-2015; Ord. No. 2015-05, § 1, 2-25-2015; Ord. No. 2015-06, § 4, 4-8-2015)