Nevada City Municipal Code § 17.68.030 Definitions

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;

12. National Hotel, 211 Broad Street;

13. Firehouse No. 1, Main Street;

14. Firehouse No. 2, Broad Street;

15. Nevada Opera House, Broad Street;

16. Masonic Temple, 110 North Pine Street;

17. Searle's Building, 214 Church Street;

18. The Red Castle, 104 Prospect Street;

19. 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.

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.

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)

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)

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)

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 twenty-four 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)