Nevada County Municipal Code § 12.04.101 Purpose

Community design standards are intended as a framework to assist in understanding the County of Nevada's goals and objectives for high quality development. They provide design interpretations for commercial, industrial and residential development.

(Ord. 2533. (12/05/2023))

Design standards shall apply to all projects, including Development Permits, Use Permits, subdivisions, and allowable uses subject to zoning compliance and building permit issuance, if required, unless otherwise provided for in this Chapter.

Unless otherwise provided for in this Section, exceptions to site development standards may be approved subject to the granting of a variance pursuant to Section 12.05.070 in this Chapter.

(Ord. 2533. (12/05/2023))

Design Guidelines supplement and refine the Comprehensive Design Standards of this Chapter; they implement General Plan Policies; they are intended to encourage the maintenance of community identity, and the preservation of historical and cultural sites, buildings, features and artifacts; they provide guidance to developers and decision makers to ensure consistent review of the design related components of development in a specific area.

Any design guidelines that have been adopted by resolution as design guidelines, including adoption of County-wide design guidelines, area or community plans, or by ordinance through adoption of a specific plan, shall be applicable to all projects that are subject to design review. Approval of such projects shall include a determination that the project is consistent with any adopted guidelines applicable to the project site. The following area-specific guidelines have been adopted:

1. The Eastern Nevada County Design Guidelines adopted on April 28, 1992, by Resolution 92-236, and as may be amended, which shall be considered in the review of all applicable development projects in Eastern Nevada County located east of the Range 13/14 East boundary line, Mount Diablo Meridian, including applicable projects within the SC Scenic Corridor Combining District. These guidelines shall not be applicable within the HP Historic Preservation, Combining District if specific Historic District Guidelines have been adopted.

2. The Higgins Area Plan, adopted on October 24, 2000, and as may be amended, which shall be considered in the review of all applicable development projects within the boundaries of the Higgins Corner-Lake of the Pines Village Center, as mapped on the Nevada County General Plan.

3. The Penn Valley Area Plan, as may be amended, shall be considered in the review of all applicable development projects within the Area Plan boundaries.

4. The Loma Rica Drive Industrial Area Plan, adopted on May 27, 2008, which shall be considered in the review of all applicable development projects within the Loma Rica Drive industrial area, identified by the "SP" zoning adopted by County of Nevada Ordinance No. 2266. The adopted Area Plan Design Guidelines identify applicable Western Nevada County Design Guidelines as well as additional area-specific design guidelines that are applicable for both new and reuse development projects.

5. The North San Juan Rural Center Area Plan, adopted on April 27, 2010, and as may be amended, which shall be considered in the review of all applicable development projects within the boundaries of the North San Juan Rural Center, as mapped on the Nevada County General Plan.

6. The Soda Springs Area Plan, adopted on October 25, 2016, and as may be amended, which shall be considered in the review of all applicable development projects within the boundaries of the Soda Springs Rural Center, as mapped on the Nevada County General Plan.

(Ord. 2040. (12/05/2000); Ord. 2481. (08/25/2020); Ord. 2423. (10/25/2016); Ord. 2311. (04/27/2010); Ord. 2520. (03/14/2023); Ord. 2533. (12/05/2023))

A. Purpose. To assure the height and scale of new development is compatible with that of surrounding development, and that it minimizes the obstruction of both the public view of surrounding natural features and of views from nearby structures.

B. Measurement. The height limit for buildings shall be measured as the vertical distance from the highest point of the structure to the average of the highest and lowest points where the exterior walls touch the natural grade.

C. Maximum Heights. Maximum heights shall be as found in the base districts of Zoning Ordinances, 12.02.

D. Exceptions to Height Limits. Architectural features not intended for human occupancy, such as spires, chimneys, vents, skylights, or solar equipment, and non-habitable structures such as private water tanks, antennas, windmills, and other alternative energy structures, may exceed the allowable building height by no more than twenty percent (20%). Height increases of more than twenty percent (20%) shall be subject to a use permit.

A. Purpose. Building setbacks are intended to provide open areas around structures for visibility and traffic safety, access to and around structures for safety and convenience purposes, access to natural light, ventilation and direct sunlight, separation of incompatible land uses, space for privacy and landscaping, protection of natural resources, and defensible space against encroaching wildland fire.

B. Definitions.

1. Setback means the distance by which a structure or an addition to a structure must be separated from a parcel line, natural feature, other structure, road, right-of-way, or easement.

2. Yard means an unoccupied space on a parcel on which a structure is situated, or for which a structure is intended, which is open from the ground upward, except as otherwise provided in this Chapter.

3. Yard, Front means a yard measured from the edge of the easement or right-of-way across the front of the parcel between side parcel lines and to a width required by the district in which said parcel is located.

4. Yard, Exterior Side means a yard along the edge of a side street, right-of-way or easement to a width required by the district in which said parcel is located.

5. Yard, Interior Side means a yard along the interior side parcel line of the parcel to a width required by the district in which said parcel is located.

6. Yard, Rear means a yard extending along the rear parcel line of the parcel, or edge of easement or right-of-way on a through parcel, and to a width required by the district in which said parcel is located.

C. Standard. Unless otherwise delineated on the zoning district map or otherwise provided in this Chapter, the space within a required setback as established for the base districts in Zoning Ordinances, 12.02, shall be unoccupied space open from the ground upward and no structure or addition to an existing structure of any kind shall be permitted within a required setback.

D. Natural Resources. Additional setbacks are required for selected natural resources as provided in the Chapter governing Resource Standards in this Section.

E. Determining the Front Yard.

1. Interior Parcels. The front yard shall be on the side containing the road right-of-way or easement.

2. Corner Parcels. The front yard shall be the shorter line abutting the road (except in commercial and industrial districts, in which case the longer line abutting the road shall be considered the front parcel line).

3. Flagpole Parcels. The front yard shall be the parcel line nearest and perpendicular to the driveway or flagpole portion.

4. Through Parcels. Shall maintain front yard setbacks on both the front and rear parcel lines.

F. Measurement.

1. Front and Exterior Side. Setbacks from local and fire standard (or emergency) access roads shall be measured from the edge of the right-of-way, or from the centerline of the right-of-way, whichever setback standard is greater, to any portion of the structure.

Setbacks from arterial and collector roads shall be measured from the edge of the existing right-of-way, or ultimate right-of-way as provided in Code Sections governing Road Standards, Title 16, Table 2 or as determined by resolution of the Board of Supervisors, whichever setback standard is greater, to any portion of the structure.

2. Interior Side and Rear. Setbacks shall be measured from the side or rear property line to any portion of the structure.

G. Exceptions to Building Setbacks. Building setbacks must be maximized wherever possible, however, exceptions to setback standards are as follows:

1. Parcels that are less than three (3) acres in size. Such parcels may reduce setbacks as follows:

R1, R2, and R3 districts shall provide a five (5')-foot interior side yard setback and a twenty (20')-foot rear yard setback; RA, AG, AE, & FR districts shall provide a ten (10')-foot interior side yard setback and a twenty (20')-foot rear yard setback; provided all of the following are satisfied:

a. The site is served by a community or public water supply pursuant to Code Sections governing Sewage Disposal and Resource Standards, Title 15, or, if approved by the California Department of Forestry, & Fire Protection, two thousand five hundred (2,500) gallons of storage available at five hundred (500) gallons per minute.

b. The underfloor (subdeck) space of structures, including decks, of combustible construction shall be) feet from grade.

c. One (1) of the following features is incorporated into that portion the structure proposed within that area between the standard setback and the reduced setback:

1. The undersides of projections beyond the exterior wall including eaves, cantilever balconies and similar overhangs, shall be enclosed with solid sheathing or equivalent material. The undersides of attached decks eight (8') feet or taller must similarly be enclosed.

Venting of covered areas shall be allowed consistent with the Uniform Building Code.

2. The sum of the area of unprotected openings in the exterior wall(s) shall not exceed twenty-five percent (25%) of the total area of the exterior wall(s).

3. Non-combustible materials or materials approved for one-hour fire-resistive construction shall be installed on the exterior side of the wall. The location of the wall shall be approved by the County Fire Marshal or their appointed designee.

4. If the proposed construction is located on the uphill side of a slope in excess of twenty percent (20%), a four (4')-foot high, non-combustible wall may be constructed along the length of the exposed side of the structure.

5. If a setback easement is recorded on the adjacent parcel, providing the required sixty (60') feet of defensible space between structures, which allows for modification and maintenance of vegetative fuels.

2. Architectural Features/Aboveground Utilities. Such features, including but not limited to cornices, eaves, roof overhangs, canopies, decks and unenclosed porches not more than eighteen (18") inches in height, bay windows, steps, stairways, fire escapes, landing places, fireplaces, propane tanks and heating or air conditioning units, may extend into front and rear yard setbacks by not more than five (5') feet.

3. Site Design Features. The following features are exempt from the setback requirements of this Section:

a. Fences or walls that meet the height limits established in Community Design Standards of this Chapter.

b. Retaining walls less than four (4') feet in height above the finished grade.

c. Signs consistent with community Design Standards. Underground utilities and septic tanks/leachlines.

4. Open-Air Structures Abutting Water. Notwithstanding any other provision of Zoning and Floodplain Management contained in this Code, the following water-use related structures that do not include walls or roofs, may be constructed without complying with the rear and side property line setback requirements as established in this Code for any parcel of real property that abuts a lake, watercourse, or floodplain:

a. Docks and Piers.

b. Boat Hoists and Canopies.

c. Private boat launch facilities.

d. Directional hazard or warning, marina and gasoline signs. See Floodplain-Related Setback Requirements, 12.04.320.

5. Clustered Parcel Development, Dwelling Groups, and Planned Developments. Clustered parcels, dwelling groups, and planned developments (within both the base and combining districts) are exempt from the setback standards, provided that:

a. The modified setback standards are a part of a conditional use permit and/or subdivision map.

b. Findings for approval ensure consistency with and furthers the purpose of all resource standards contained herein.

c. The modified standard is recorded as a part of the subdivision map, deed restriction, or other enforceable restriction.

6. Dwellings in Commercial/Industrial. Dwellings proposed in any commercial or industrial district shall provide setbacks as required in the R3 Districts, except when located within a commercial or industrial structure.

7. Swimming Pools. Shall maintain a minimum setback of ten (10') feet from any side or rear property line and shall not be permitted within any required front yard setback. Fencing standards for swimming pools are contained in this Code.

8. Ground-Mounted Solar Arrays. Ground-mounted solar arrays shall maintain a minimum setback of ten (10') feet from any property line.

9. Properties East of the 10E Range Line. Attached or detached garages and/or carports may be constructed within one (1) foot of the front property line if twenty (20') feet is maintained from the edge of pavement or traveled way if unpaved.

10. Setback Easements. In order to provide required side and rear building setbacks on properties that cannot otherwise provide those setbacks, a building setback easement may be recorded and recognized on adjacent properties, pursuant to the following standards:

a. Applications for setback easements shall include the written consent of the grantor and grantee property owners.

b. Applications shall include a site plan exhibit for all affected properties, pursuant to this Chapter, including a clear delineation of the proposed easement, reflecting the required setbacks for both grantor and grantee properties.

c. Applications for setback easements shall provide clear justification for the need of the easement, providing supporting documentation that other alternatives, including a variance, are not feasible.

d. Setback Easements shall be recognized only after review and approval by the Planning Director who shall make findings that the recording of such easement will not jeopardize the integrity of the neighborhood nor will it conflict with any recorded conditions, covenant and restrictions for all properties.

e. A deed restriction shall be recorded concurrently with said easement in the Nevada County Recorder's Office, noting the purpose and intent of the setback easement and noting that building setbacks shall be measured from the setback easement.

f. Reconveyance or other abandonment of a setback easement without the express approval of the County of Nevada shall constitute grounds for revocation of any permit issued pursuant to this Section.

(Ord. 2533. (12/05/2023))

A. Purpose. The purpose of these regulations is to protect the visual quality and to minimize sight distance impairment on roadways by establishing height limits for fencing and hedges located within yard setbacks.

B. Definitions.

1. Fencing means a barrier constructed of wood, metal, wire, fabric, boards, or other materials and which is intended to demarcate a boundary, separate land uses, secure animals, enclose property, and/or exclude people and animals from a designated area. Solid fencing is fencing that impairs through vision and conflicts with vehicle sight distance. Walls constructed of concrete, stone, brick, tile, or similar type of solid material are included in the definition of fencing.

2. Hedges means compact evergreen plants forming a solid screen that impairs sight distance.

C. Height Measurement. Fencing shall be measured from the base at finished grade to the highest point. Hedges shall be measured from their base at finished grade to their highest point.

Table Section 12.04.150.D Height Limits within Setback Area

(1) Rear yard setbacks for through parcels where the rear yard is adjacent to a street shall meet the front yard setback standards.

(2) Open fence type refers to an open board, split rail, wire, chain link, and similar type of fencing that does not impair through vision or conflict with vehicle sight distance.

(3) Open fencing within the RA district shall meet Rural District standards for side and rear yard setbacks.

Where solid and open fence materials are combined, the most restrictive standard shall apply.

D. Height Exceptions. Table standards may be exceeded as follows:

1. If submitted as part of the review of a discretionary land use permit, the Planning Agency may allow an increased height for project that requires a higher fence, hedge, or wall for security, visual, or noise attenuation purposes.

2. Subject to the granting of a Use Permit, fencing may exceed the height maximums established by this Chapter if findings can be made that such an exception is needed for protection of the public health and safety or to shield unsightly areas or uses.

E. UBC Compliance. Solid fence and wall construction are subject to the requirements of the Uniform Building Code.

A. Purpose. Landscaping is of considerable importance to both existing and proposed development in the County of Nevada, contributing to the overall quality and character of our communities, especially when native vegetation is used or retained. Properly designed and maintained, landscaping provides visual interest and variety, complements structures, provides a transitional area between competing land uses, and aids in reducing air pollution, heat and glare. This Section encourages flexibility to achieve the purpose of the Site Development Standards. It also ensures the efficient use of water used for landscaping by establishing standards for the design, installation and management of landscapes that avoid excessive water demand.

B. Applicability. Landscaping standards shall apply to Development Permits, Use Permits, and subdivisions, unless otherwise excepted in this Section.

C. Definitions.

1. Landscaping means the use of suitable vegetation in conformity with the requirements of this Chapter and the continued maintenance thereof.

D. Native Vegetation Retention. The County of Nevada strongly encourages the retention of on-site native vegetation where it does not pose a fire hazard. Where native oaks are retained, plant materials within the dripline of the oaks shall be drought-tolerant to minimize the application of water at the base of oaks. Existing, on-site native vegetation may serve as alternative landscaping to that landscaping required below where the Planning Agency finds that the existing vegetation has the same practical effect and furthers the intent of this Section.

E. Standards.

1. Plans. A Landscape Plan shall be submitted for each applicable project and all discretionary projects shall require said plans be prepared by a licensed Landscape Contractor, Landscape Architect, Landscape Designer or Horticulturist.

a. Preliminary Plans. Preliminary plans, drawn to scale, shall be submitted at the time of project application and shall include the following:

1. The location of planting areas, consistent with the requirements of this Section;

2. The size, number and type of plants existing and proposed, including the location of shade trees, required to provide forty percent (40%) parking lot coverage within fifteen (15) years, as required by this Section;

3. The type(s) of irrigation to be used;

4. The amount of area devoted to turf, drought-tolerant plants, and native plants;

5. Planting symbols shall be clearly drawn and plants labeled by botanical name, common names, container size, spacing and quantities of plants indicated.

b. Final Plans. Final plans shall be approved by the Planning Department prior to the start of any on-site construction or soil disturbance and prior to the issuance of a building permit. Final plans shall include:

1. All details depicted on the Preliminary Plans and any modifications or additions included by conditions of approval;

2. The location of all required plant materials, evenly dispersed within each required planting area (interior parking lot landscaping, street buffer yards, and residential buffer yards);

3. Provide a legend listing the type, number and size of plant materials, indicating both the required number and the provided number, of each plant type. List plants for each required landscaped area. Include a listing of water usage type, or hydrozone, for each plant type. List plant materials in groupings of trees, shrubs and ground cover plants. Show both common names and botanical names of plants;

4. Irrigation plan;

5. Evidence that a licensed landscape contractor will be responsible for plant and irrigation installation;

6. If existing landscaping, including native vegetation, is to be retained, a note shall be provided on the plan stating that "any existing landscaping or native vegetation shown on the approved plan for retention, that is damaged or removed during construction, shall be repaired or replaced in kind with equivalent size;"

7. A note on the Plan, certified by a Licensed Landscape Architect, Landscape Designer or Horticulturist, that trees are located on the Plan so as to cover forty percent (40%) of the parking area with tree canopies within fifteen (15) years, consistent with this Section;

8. Assurance that the property owner will be responsible for the replacement of landscaping that does not survive or that deteriorates due to neglect.

2. Required Landscaping. Landscaping shall be installed along street frontages, within parking lot interiors, along property lines of commercial or industrial sites abutting residential properties, and between multi-family parking areas containing six (6) or more parking stalls, and properties zoned for single-family residential use. Modifications may be approved by the Planning Agency, where a finding can be made that alternatives to the project design, or site constraints, will result in the same overall effect. Site constraints may include sensitive resources, historic features, or parcel size. Project design features that may warrant a modification include: A plan that provides parking at the rear of the building, additional landscaping against the base of the building, increased landscaping in other areas of the site where it will provide a more effective buffer, or any other treatment that enhances the visual environment of the site. In no case shall landmark or heritage trees be removed in order to provide alternatives to the requirements of this Section.

a. All required trees shall be a minimum 15-gallon container size, with the trunk diameter no less than one and one-half (1.5") inches for canopy trees, and one (1) to one and one-half (1.5") inches for understory trees. Shrubs shall be a minimum five-gallon container size, and live groundcover plants shall cover bare ground.

b. Varied tree and plant materials shall be used throughout the parking lot. No one (1) species shall comprise more than seventy-five percent (75%) of the plantings within each of the following categories: Canopy tree, understory tree and shrubs. Native vegetation shall be included in all required plantings unless confirmed by a licensed Landscape Architect that a native species will not satisfy a specific requirement.

c. Planting areas within paved parking lots shall be separated from vehicular areas and street right-of-way by a permanently installed concrete or wooden perimeter curb at least six (6") inches high.

d. Where required, earthen berms shall be a minimum three (3') feet in height.

e. Street Buffer Landscaping. A landscaped strip shall be provided along all street frontages, as follows:

1. A minimum fifteen (15')-foot buffer yard shall be established adjacent to State highways.

2. A minimum ten (10')-foot buffer yard shall be established adjacent to all roads within community boundaries as mapped on the General Plan land use maps.

3. A minimum five (5')-foot buffer yard shall be established adjacent to all roads within Rural Regions as mapped on the General Plan land use maps.

Shrub heights in street buffer yards shall not impair sight distance for each five (5') feet of buffer yard width, each one hundred (100) lineal feet of street frontage shall include at least five (5) trees and five (5) shrubs. Trees shall include a mix of conifers, understory and canopy trees.

f. Residential Buffers. Nonresidential development and associated parking that abuts residentially-zoned property shall provide for sufficient landscaping, fencing, walls, berms, or any combination of screening techniques to ensure visual screening of said development to the maximum extent possible. Where fencing is used, a minimum five (5')-foot wide landscaped area shall be located on the residential side. If the non-commercial side of the fence is visible from any street or adjacent property, a five (5')-foot wide landscaped area shall be provided adjacent to the fence. If adjacent to parking, that area may be counted towards required interior parking lot requirements. Trees shall include a mix of conifers, understory and canopy trees.

g. Interior Parking Lot Landscaping. Shall be evenly dispersed throughout the parking lot at a ratio of forty-five (45) square feet of landscaped area for each provided parking stall. Each four hundred fifty (450) square foot unit of landscaping for every ten (10) parking stalls shall include at least four (4) trees and five (5) shrubs. Landscaped islands shall be designed and installed to separate at least every ten (10) linear parking spaces. Planter islands shall be surrounded by six (6")-inch wide curbing that is rounded at island ends. Parking lot landscaping shall include shade trees placed so as to cover forty percent (40%) of the total parking area with tree canopies within fifteen (15) years of securing a building permit. Issuance of a certificate of occupancy for the use requiring landscaping improvements.

Tree coverage shall be determined by the approximate crown diameter of each tree at fifteen (15) years, as estimated on the approved tree list. The percentage of area required to be shaded shall be based on the number of uncovered, above ground parking spaces provided.

This Subsection shall not apply to expansions of nonconforming structures that otherwise satisfy all requirements for expansion, provided the proposed expansion does not exceed twenty percent (20%) of the gross floor area at the time of the expansion and is consistent with chapter.

h. Maintenance. All landscaping and irrigation shall be maintained by the developer and any subsequent owners of such real property. Landscaped areas shall be kept free of weeds, litter and debris. All pruning and maintenance shall be pursuant to acceptable horticultural practices and in any case where a required planting has not survived, said planting shall be replaced with new material within thirty (30) days unless a licensed landscape architect verifies that, due to weather or season conditions, planting should be delayed for a specified time. Project owners shall be required to maintain all landscaping included in the plans. If the appearance of the property deteriorates due to neglect, a citation shall be issued. Trimming and maintenance of on-site vegetation shall ensure visibility of parking areas, building entrances and other areas accessible to the public, adequate to provide for public safety.

i. No trees that will grow to more than twenty (20') feet in height may be planted, or allowed to grow within, twenty (20') feet of any high voltage power line.

j. Brush Management/Fuel Modification. Brush management and fuel modification are provided for in State law and in local fire safety regulations, codified in Fire Safety Regulations in this Code, adopted pursuant to California Code of Regulations Title 14, Natural Resources Division 1.5, Department of Forestry and Fire Protection Chapter 7, Fire Protection Subchapter 3, Fire Hazard. Said provisions shall prevail in the event of conflict with any provisions of this Section.

(Ord. 2474. (01/14/2020); Ord. 2090. (07/09/2002); Ord. 2533. (12/05/2023))

A. Purpose. This Section establishes standards to provide for efficient, safe and attractive outdoor lighting while minimizing nighttime light pollution and energy waste.

B. Applicability. Lighting standards shall apply to Development Permits, Use Permits, and subdivisions, unless otherwise excepted in this Section.

C. Definitions.

1. Fully Shielded means a technique or method of construction and/or manufacture which does not allow any light dispersion to shine above the horizontal plane from the lowest light emitting point of the light fixture and which precludes visibility of the light source.

2. Glare means artificial light that causes annoyance, discomfort or loss of visual performance and visibility.

3. Light Pollution means artificial light which, through uplighting, detrimentally affects the clarity of the night sky, or causes undesirable glare, skyglow, or light trespass.

4. Light Trespass means artificial light that produces an unnecessary and unwanted illumination of an adjacent property.

5. Skyglow means the glow above brightly lit developed areas, visible in the night sky, that occurs when light shines into the sky and is reflected off clouds, particles of moisture or dust suspended in the atmosphere.

6. Strip Light means a continuous band of light not necessary for public safety.

D. Standards. All outdoor lighting shall meet the following standards:

1. A lighting plan shall be submitted with all discretionary projects that propose to install outdoor lighting. Plans shall depict the location, height and positioning of all light fixtures and shall provide a description of the type and style of lighting proposed, including pole or building mounted area lights and sign lights.

2. All outdoor light fixtures shall be fully shielded to prevent the light source or lens from being visible from adjacent properties and roadways, except for the following:

a. Airport lighting required for the safe and efficient movement of aircraft during flight, take-off and landing.

b. Outdoor light fixtures used for outdoor recreational facilities when such shielding would cause an impairment to the visibility required in the intended recreational activity. In such cases, partially shielded fixtures and directional lighting methods shall be utilized to limit light pollution, glare and light trespass, without diminishing the performance standards of the intended recreational activity.

3. Externally illuminated signs and building identification shall use top-mounted light fixtures which shine light downward.

4. The use of façade, or "wash" lighting is limited to public buildings, or buildings with historic importance. Façade lighting may be approved only when it is determined that it is compatible with the level of lighting in the immediate area and where it will not generate excessive illumination, skyglow or glare.

5. Light fixtures mounted on the canopies of service stations, on convenience stores, restaurants, or other similar businesses, shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy, and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than eighty-five (85) degrees from vertical. As an alternative or supplement to recessed ceiling lights, indirect lighting may be used where light is beamed upward and then reflected down from the underside of the canopy. In this case fixtures must be shielded so that direct illumination is focused exclusively on the underside of the canopy. Lights shall not be mounted on the top or sides (fascia) of the canopy, and the sides (fascia) of the canopy shall not be illuminated.

6. Use fixtures with high efficiency lamps. High pressure sodium, and mercury vapor light fixtures are prohibited.

7. Light poles shall be restricted to a maximum of twenty (20') feet in height except that on parcels adjacent to residential or rural zoning districts, the maximum height shall be restricted to fifteen (15') feet.

8. All exterior lighting shall be maintained as installed.

9. Lighting shall be turned off between 11:00 p.m. and sunrise, except for those businesses operating during these hours or where a safety or security need is clearly demonstrated.

10. Lighting systems, other than signs, shall include dimmers, occupancy sensors, time controls or separate circuits, to allow sections of the lighting to be turned off as needed.

11. Security lighting fixtures shall be shielded and aimed so that illumination is directed only to the designated area and not cast on other areas. The use of motion or heat sensors may provide greater security than continuous lighting and are the preferred alternative to continuous nighttime lighting.

12. The use of searchlights, lasers, strip lights, flood or spotlights is prohibited.

(Ord. 2533. (12/05/2023))

A. Purpose. Parking standards are intended to minimize street congestion and traffic hazards, to provide safe, convenient access to business, public services and places of public assembly, to minimize impervious surfacing, and to visually improve parking area appearances.

B. On-Site Parking Required. At the time of construction of any structure, or at the time any such structure is enlarged, increased in capacity by adding floor area or seats, or at such time that a higher usage is applied, there shall be provided for such new construction, enlargement or increased capacity and use of land, the following minimum off-street parking, including adequate provisions for safe ingress and egress. Said parking shall thereafter be maintained in connection with such structure and use of land

C. Parking Lot Design Standards.

1. Access Driveway Location. Access driveways to parking areas containing three (3) or more spaces shall be located and designed as follows:

a. Distance from Street Corner. Parking area ingress and egress driveways shall be located a minimum of one hundred fifty (150') feet from the nearest street intersection, measured from the driveway centerline to the intersection centerline.

b. Number of Driveways. Ingress and egress driveways crossing the street property line for a single site shall be limited to two (2) driveways along the frontage of any single street on parcels two (2) acres or less in size. The centerline of double driveways along the same property line shall be separated by a minimum of thirty (30') feet.

c. Abutting Parcel. Parking area ingress and egress driveways shall be located a minimum of one hundred fifty (150') feet from any driveway on the same parcel or adjacent parcel as measured from centerline to centerline, provided, however, that each parcel shall be provided with a driveway.

2. Driveway Encroachment Standards. Driveways shall conform to the County's commercial approach in Road Standards.

3. Controlled Access. Parking areas, except for single-family residences, shall be designed to not allow vehicles to back out into any public right-of-way or pedestrian walk in order to egress the parcel or to maneuver out of the parking space. Parking lots shall be designed and improved to prevent ingress and egress at any point other than designated entrances or exit drives.

4. Parking Lot Aisle Widths.

a. One-way forty-five (45)-degree parking aisles shall have a minimum width of sixteen (16') feet and sixty (60)-degree parking aisles shall have a minimum width of eighteen (18') feet. One-way ninety (90)-degree parking aisles are not permitted.

b. All two-way aisles shall have a minimum width of twenty-four (24') feet.

5. Drop Off Points Required. Public assembly facilities shall include a designated on-site location for dropping off passengers at an entrance to the facility. Drop-off points shall consist of vehicle turnout lanes located outside of normal traveled lanes. Drop-off points shall be provided for hotels and motels, schools with fifty (50) or more students, churches and restaurants with a capacity for fifty (50) or more, public transportation terminals, public structures, and general retail uses and offices larger than ten thousand (10,000) square feet.

6. Bicycle Racks Required. Parking lots with twenty (20) or more vehicle spaces shall provide one (1) bicycle rack for each twenty (20) spaces required by this Section. Bicycle racks shall be designed to provide a minimum four (4) bicycle spaces in each rack, and so that a bicycle can be locked to the rack. The number of required bicycle racks may be reduced if the Planning Agency determines that the use of the site does not warrant one (1) bicycle rack for each twenty (20) stalls.

7. Shopping Cart Areas Required. Commercial parking lots with twenty (20) or more vehicle spaces shall provide shopping cart storage areas within the parking lot, outside of parking spaces, driving aisles and fire lanes.

D. Parking Space Standards. All required parking shall be designed to comply with the following space dimensions and standards:

1. Parking Space Sizes.

a. Standard spaces shall be a minimum nine (9') feet in width and eighteen (18') feet in length, except that retail commercial uses shall provide spaces that are nine (9') feet in width and twenty (20') feet in length.

b. Compact spaces shall be a minimum eight (8') feet in width and fourteen (14') feet in length and are allowed at a maximum forty percent (40%) of the required spaces. All compact spaces shall be clearly marked.

c. Parallel spaces shall be a minimum nine (9') feet in width and twenty-two (22') feet in length. Parallel spaces may only be used when a through traffic flow is designed into the parking lot circulation pattern.

d. Accessibility and Usability. All required parking spaces shall be designed, located, constructed, and maintained to be fully and independently accessible and usable during hours of operation, except when the closure of such spaces is authorized by the Planning Director to provide for the security of the property in question or for public safety purposes. Required spaces and driveways shall not be used for any purpose that at any time would preclude the parking of motor vehicles. No owner or tenant shall lease, rent, or otherwise make a space unavailable to the intended users of the space.

E. Wheelchair Accessible Parking.

1. General. All parking facilities required by this Section for uses other than a single-family dwelling shall provide accessible parking. Accessible parking shall be provided in accordance with Title 24 of the California Code of Regulations, as amended, including the number of parking spaces, dimensions and location, signage at the entrance, at the space and on the ground, vertical clearance, loading zones, curb ramps and slopes. Accessible parking spaces shall be located as near as practical to a primary entrance. When there are multiple entrances to structures adjacent to parking areas, accessible spaces shall be located closest to accessible entrances. Unless amended by Title 24, the required number of accessible spaces shall be in accordance with Table 12.04.180.E:

Table 12.04.180.E Required Wheelchair Accessible Parking Spaces

* Accessible parking for multi-family residential uses shall meet the requirements established by the State of California Department of Housing and Community Development.

Required number of Parking Spaces per use.

Table 12.04.180.b Parking Required Number of Parking Spaces by Use

Footnote:

(1) Reduction in the number of parking spaces may be allowed pursuant to Section 12.04.180.F

(2) No parking is required if the proposed dwelling unit is:

a. Within an architecturally or historically significant historic district;

b. Within the existing single-family dwelling or an existing accessory structure;

c. In an area where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit;

d. Within one (1) block of a car share vehicle pick-up location;

e. Converted from a garage, carport, or other covered parking space, or if a garage, carport, or other covered parking space is demolished in conjunction with the accessory dwelling unit or junior accessory dwelling unit construction.

(3) No parking is required if the proposed development is within one-half (0.5) mile of a public transit stop.

(Ord. 2057. (05/08/2001); Ord. 2533. (12/05/2023))

A. Purpose. To conserve and maintain the natural and historic beauty of the County of Nevada, promote soil conservation, surface water quality and groundwater recharge, to enhance residential and commercial areas, and to ensure permanent open space and maximum impervious surfaces for all development.

B. Definitions.

1. Open Space Land means any parcel or area of land or water which is essentially unimproved and devoted to an open space use for the purposes of: (1) the preservation of natural resources, (2) the managed production of resources, (3) outdoor recreation, or (4) public health and safety.

2. Impervious Surface means surface through which water cannot penetrate, such as a roof, road, sidewalk, or paved parking lot.

C. Standards.

1. Permanent Open Space. There shall be provided permanent open space in all commercial, industrial, multiple-family, public, and recreational zoning districts. The minimum amount of open space shall be as follows:

Table 12.04.190.C.1

(Ord. 2529. 09/12/2023); Ord. 2533. (12/05/2023))

A. Purpose. To provide visual relief to equipment or areas needed for storage or mechanical equipment in commercial, public, industrial and multi-family residential development.

B. Applicability. Screening standards shall apply to all projects requiring a Development Permit, a Use Permit, and to subdivisions if applicable.

C. Standards.

1. Outdoor storage, solid waste disposal areas, mechanical equipment and utilities shall be screened from public view. Walls used for screening purposes shall be buffered from view by landscaping.

2. All outdoor solid waste receptacles, and/or recycling storage areas, shall be placed within a solid screen enclosure constructed of materials and colors compatible with building style, at least one (1) foot higher than the receptacle. Locations should be conveniently accessible for trash collection and maintenance, should not block access drives during loading operations, and should be oriented away from public view. The consolidation of trash areas between businesses is encouraged.

(Ord. 2090. (07/09/2002); Ord. 2533. (12/05/2023))

A. Purpose. These regulations are intended to allow for a reasonable display of signage necessary to provide identification of buildings and building occupants, and to prevent clutter while providing for the display of information. This Section is intended to complement the land use objectives set forth in the Nevada County General Plan and this Chapter by:

1. Encouraging signs that are pleasing in appearance by providing for good design with a minimum of clutter;

2. Enhancing the economic value of visible areas through the regulation of size, location and illumination;

3. Attracting and directing people to various activities and enterprises and providing the maximum public convenience;

4. Reducing or eliminating traffic and safety-hazards through proper sign location and design.

B. Definitions.

1. Above-Roof Sign means a sign any part of which is displayed above the peak or parapet of a building.

2. Billboard means a sign directing attention to a business, service, product, or entertainment not sold or offered on the site where the sign is located, not including directional signs.

3. Cabinet Sign means a wall sign contained completely within a box, frame or similar enclosure. Cabinet signs are typically backlit with a plastic or plexiglass face. Also called "can" or "box" signs.

4. Channel, or Wall-Mounted, Letter Sign means signage composed of letters individually mounted or painted on a structure wall, without a border or decorative enclosure.

5. Directional Sign means a sign serving the needs of the traveling motorist where on-site advertising for the business is not visible from the main access road. Said sign may bear the name of the business and/or service provided but may not contain commercial advertising material.

5.a

Directional Signs, Agricultural Operation Associations means similar to the directional signs for individual businesses, except that the sign references the product, the name of the individual business with distance from the sign and a directional indicator, if needed.

5.b

Directional Signs, Public Information (such as trail signs) means these signs provide for a common design to direct the traveling public to areas of interest.

6. Freestanding Sign means a sign that is not attached to a structure. Includes monument, pole, portable and readerboard signs.

7. Human Sign means a graphic utilizing a person to hold/move the sign.

8. Monument Sign means a low-profile sign usually placed upon a foundation or a slab with a solid base, and not normally supported by uprights, braces, poles or other similar structural components.

9. Pole Sign means a permanent sign supported on a pole or poles placed into the ground and detached from any structure.

10. Portable Sign means freestanding signs not permanently attached nor designed to be permanently attached (includes items such as sandwich boards, A-frames, or temporary posts with a sign attached).

11. Readerboard Sign means a sign that accommodates changeable copy and which displays present or future activities and events.

12. Roof Sign means a sign that is displayed above the eaves and under the peak of a building: These signs are displayed, erected, constructed, or maintained on the roof of a building. (See also "Sign, Above Roof").

13. Sign means any device capable of visual communication or attraction, display, illustration, insignia or symbol used to advertise, or promote the interest of any person, partnership, association, corporation or other business entity. "Sign" shall not include any official notice issued by any court or public body or officer; directional, warning, or information signs or structures required by or authorized by law or by Federal, State, County or municipal authority.

14. Sign Area means the entire area within a geometric pattern enclosing the limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed.

15. Wall Sign means a sign attached parallel to or painted on any exterior wall of a structure.

16. Window Sign means a sign permanently painted or mounted on the interior or exterior of windows.

C. Limitations. The regulations of this Section establish minimum standards for signs that directly relate to the use of the property upon which a sign is to be located and to the intensity of the development of each particular land use. All signs shall be limited to the identification of the business and service provided on-site unless otherwise specifically provided in this Section. No product or price advertising is allowed under the provisions of this Section unless the product is incorporated into the name of the business or logo or is otherwise required by law.

D. Applicability of Sign Regulation. The provisions of this Section are applicable to all signs constructed or altered after the effective date of this Section except as otherwise provided for in this Section. If an adopted Area Plan has stricter signage requirements than this Section, the Area Plan shall apply.

E. Sign Code Adopted. That certain sign code published by the International Conference of Building Officials, entitled the Uniform Sign Code, 1997 edition, or subsequent edition which may be adopted by the Board of Supervisors of the County of Nevada, as adopted by the Building Codes, is incorporated into this Section by reference as though it were fully set forth herein.

F. Construction and Maintenance. Each sign and all its components shall be manufactured, assembled and erected in compliance with all applicable State, Federal and County regulations, and the Uniform Sign Code. Each sign, including those exempted from this Section, shall be maintained in a safe, clean and legible condition at all times.

G. Nonconforming Signs. Any sign or billboard lawfully in existence upon the adoption of this Section, but not in conformance with the provisions of this Section, may not be replaced or reconstructed unless it is brought into conformity with the provisions of this Section. All billboards and any nonconforming signs not brought into conformity with this Section shall be removed five (5) years after the adoption of this Section unless not fully amortized within such period pursuant to State law. Billboards and nonconforming signs not fully amortized within such period shall be removed at the end of the amortization period applicable thereto in an amortization program adopted pursuant to the California Outdoor Advertising Act contained in Cal. Bus. & Prof. Code §§ 5200—5486 or, if no shorter period is applicable, within fifteen (15) years after the adoption of this Section. It is the intent of this Section that all billboards and any nonconforming signs not brought into conformity with this Section shall be removed as soon as practical under State law without imposing any obligation upon the county to pay compensation for such removal. Pursuant to Cal. Bus. & Prof. Code § 5499, the removal requirements of this Section shall not apply to the removal of legally existing on-premises signs, if special topographic circumstances would result in a material impairment of visibility of the display or the owner's or user's ability to adequately and effectively continue to communicate with the public through use of the sign.

Exception. If a nonconforming sign has historical significance apart from its main purpose of advertising, the sign may be granted a Use Permit for continued use.

H. Signs Exempt from Sign Standards. The following signs are exempt from the standards of this Section, provided they meet the requirements stated herein. Nothing in this section shall exempt a sign from a building permit if required by the Uniform Sign Code.

1. Construction Signs. Two (2) signs with a combined total sign area of thirty-two (32) square feet and not exceeding eight (8') feet in height, identifying parties involved in construction on the premises and future sales or activities for which the construction is intended. Signs shall not be installed earlier than sixty (60) days from the date of construction and shall be removed prior to the issuance of a certificate of occupancy.

2. Hazard Signs. Public Utility Company and other signs indicating danger, the location of underground utilities, or of construction, excavation, or similar hazards so long as the hazard exists.

3. Prohibition Signs. "No Trespassing," "No Parking" and similar warning signs.

4. Official Signs and Flags. Official Federal, State or local government flags, historical markers, and official traffic, directional guide and other informational signs, and official and legal notices issued by any court, person or officer in performance of a public duty. Flag poles are subject to the height limits established for the applicable zoning district and shall not be used for commercial advertising. Illumination of the American flag shall be for the flag only and shall not be used for advertisement.

5. On-Site Directional Signs. Parking lot and other private traffic directional signs, including disabled access and parking signs, each not exceeding six (6) square feet in area. Such signs shall be limited to the guidance of pedestrian and/or vehicular traffic on the premises, and shall not display any logo, product name, establishment, service or any other advertising.

6. Hospital Emergency Room Signs.

7. Historic Structures. The repainting or restoration of historic structure names or advertising, if not advertising a current business or product, and if the historic sign can be verified.

8. Human Signs. Individuals holding portable graphics are exempt, provided they do not interfere with visibility or passage of foot or vehicular traffic, or otherwise create a public nuisance or safety issue.

9. Temporary Events. Temporary signs or banners displaying information or advertising for community events provided the aggregate sign area does not exceed one hundred (100) square feet and are posted no more than ten (10) days preceding the event and are removed within three (3) days following the event. Such signs are subject to an encroachment permit from the Dept. of Public Works when proposed in the county right-of-way.

10. Temporary Sales Advertising. Banners, balloons, or decorative materials used for temporary sales advertising or events may be allowed three (3) times a year with each time not to exceed seven (7) days, except that new businesses may utilize temporary signage for ninety (90) days from opening. Planning Department shall be advised of business opening date. Permitted times shall not run in consecutive order and shall be pre-approved by the Planning Department.

11. Miscellaneous Information Signs. Miscellaneous information signs containing no advertising copy, in office, commercial, business park and industrial districts, with sign area not to exceed four (4) square feet at each public entrance nor twelve (12) square feet total, indicating addresses, hours and days of operation, whether a business is open or closed, credit card information, emergency addresses and telephone numbers and names and copy applied to fuel pumps or dispensers.

12. Interior Signs. Signs not visible from public streets or adjacent properties, such as signs in interior areas of shopping centers, commercial structures, ball parks, stadiums and similar recreational or entertainment uses.

13. Residential Identification Signs. Individual signs identifying the names of the occupants, and a street address, if limited to a total sign area of four (4) square feet.

14. Real Estate Signs.

a. Temporary signs indicating only that property on which the sign is located is for Sale, Rent or Lease. Only one (1) sign per street frontage is permitted and said signs shall not exceed a maximum aggregate area of sixteen (16) square feet on residential parcels and thirty-two (32) square feet on nonresidential properties. Such signs may not be located within a county or state right-of-way without an encroachment permit from the appropriate authority.

b. Open House On-Site and Off-Site Directional Signs. One (1) off-site portable sign for a maximum of one-hour before and removed a maximum of one (1) hour after the open house, plus one (1) on-site "Open House" sign (to include open house hours). Additional off-site signs are allowed in rural areas where roads or driveways are not adequately marked for drivers to know which way to turn when a directional choice is required. Maximum sign area per sign is eight (8) square feet. When located on private property, such signs must be sited with permission of the property owner.

c. Property for Sale, Off-Site Directional Signs. Limited to property for sale in rural areas where roads or driveways are not adequately marked for drivers to know which way to turn when a directional choice is required. Maximum sign face size is two (2') feet wide by six (6") inches high. Sign(s) may be placed for directional purposes throughout the time period that the property is for sale. May not be located within a County or State right-of-way without an encroachment permit from the appropriate authority. When located on private property, such signs must be sited with permission of the property owner.

15. Political Signs. Temporary signs not exceeding thirty-two (32) square feet per sign, providing that such signs are not posted more than ninety (90) days preceding the election and are removed within ten (10) days following the election.

16. Temporary Window Signs, including, but not limited to, seasonal decorations or special events.

17. Vehicular Signs. Signs on self-propelled public or private transportation vehicles, provided such vehicles are not used or intended for use as portable or temporary on-site advertising. Such vehicles must have a current registration.

I. Prohibited Signs and Sign Materials. In addition to any sign or sign material not specifically in accordance with the provisions of this Section, the following signs are expressly prohibited:

1. Signs that impair sight distance at the point of parking lot egress.

2. Signs that simulate or imitate any traffic control sign or signal or which make use of words, symbols or characters so as to interfere with, mislead or confuse pedestrian or vehicular traffic.

3. Internally illuminated cabinet signs outside Community Regions.

4. Readerboard signs unless otherwise specifically permitted herein.

5. Signs consisting of any moving, rotating or otherwise animated light or component except for time and temperature displays and barber poles.

6. The use of flags, pennants, streamers or other wind activated devices unless otherwise provided for within this Section.

7. Vinyl banners, except as permitted for temporary events.

8. Roof and above-roof signs, except as expressly permitted in this Section.

9. Signs that are placed, relocated or maintained so as to prevent free egress from or ingress to any door, window, fire escape, or occupy space in a public right-of-way including sidewalks, boardwalks, alleys, streets, or public or private easements, unless necessary for traffic safety purposes.

10. No sign of any kind shall be attached to a standpipe or fire escape.

11. Billboards or off-site advertising signs unless otherwise permitted by this Section.

12. Signs on vehicles, including trailers, when a vehicle is parked or stored on property for purpose of identifying a business or advertising a product, unless the sign is permanently affixed on the side or rear of the vehicle body, and the vehicle is used by the business on a regular basis.

J. Approval Required. No sign shall be constructed, displayed, altered or changed without first obtaining approval from the Planning Agency unless exempted from the standards of this Section. All signs shall conform to the design standards of this Section unless otherwise specified by this Section.

1. Building Permit Required. Unless otherwise exempted by the Uniform Building Code or Uniform Sign Code, a building permit shall be obtained for a sign from the Building Department, if applicable.

2. Sign Permit Required. Signs or sign alterations that do not require a building permit shall file an application for a sign permit with the Planning Department, using Planning Department forms, together with all information and materials specified on the forms, and the filing fee required by the latest fee schedule adopted by the County. Where a comprehensive sign program has been approved by the County for overall development of a site, separate sign permits shall not be required for individual signs on the site, provided that such signs are consistent with the approved program.

3. Design Review. All signs shall conform to the community design standards of this Section, applicable Eastern or Western Nevada County Design Guidelines, any applicable specific community design guidelines and any conforming approved Comprehensive Sign Program for the subject property unless otherwise specified by this Chapter. Design review shall be required for new or replacement signs that are not part of a land use permit but review thereof shall be by the Planning Director rather than as provided in Table 12.05.020 of this Chapter. New or replacement signage on a site that has been previously reviewed for design compatibility through a discretionary permit, or that has been approved as part of a comprehensive sign program, shall not require new design review if replacement signage is consistent with the previously approved signage or comprehensive sign program, and with current standards. New or replacement signs that are part of a land use permit, and which are not consistent with the previously approved signage, shall be reviewed by the original approval body.

Replacement of signs covered by a previously approved Comprehensive Sign Plan, which no longer conforms to existing standards, may be approved consistent with the previously approved Sign Plan in order to maintain sign consistency within the development. At such time as the development plans to change multiple signs or, in order to provide a conforming sign plan for sign replacement purposes, a new comprehensive sign plan shall be approved.

4. Comprehensive Sign Plan. A comprehensive sign plan is required for all multi-tenant developments that require a Development Permit or a Use Permit. The sign plan shall provide for the use of a consistent sign design style, and the same or complementary types of materials, colors, and illumination in all signs on the site. The sign plan shall be submitted and approved as part of the land use permit application for the overall site development.

K. Sign Standards. Unless otherwise exempted from the requirements of this Section, all signs are subject to the following standards:

1. Wall Signs.

a. One (1) wall sign for each street or parking lot frontage may be placed on any building with a maximum of two (2) wall signs for each business or tenant. No signs shall be placed facing the restricted access portions of highways, including the restricted access portions of State Highways 20 and 49, except as part of an approved Development Permit or Use Permit.

b. Wall signs shall not extend beyond the edge of any wall on which they are mounted nor shall the sign project more than twelve (12") inches from the wall.

c. Wall signs shall be separated from each other by a distance of three (3) times the average height of the sign face and/or letters of the proposed sign and adjacent sign.

d. Wall signs shall not cover more fifteen (15%) percent of a building I or tenant storefront.

2. Window Signs.

a. Window signs shall not occupy more than fifty percent (50%) of the window area of any one (1) window, including permanent and temporary signs. Permanent window signage counts toward total signage square footage allowed for the business.

b. The text of a window sign should be limited to the business name and a brief message identifying the type of product or service available.

3. Roof Signs.

a. Roof signs are prohibited on buildings constructed after January 1, 2006, unless approved for historical reasons. New or replacement roof signs shall only be approved for structures existing as of January 1, 2006, when the approval body determines that no alternative to a roof sign is available, or for historical reasons.

b. When roof signs are approved as an alternative to wall signs, Standards 1.a—d above under wall signs shall apply.

4. Freestanding Signs. All freestanding signs shall be located in a landscaped area to integrate the sign with the ground plane and to screen out any low-level lights, unless winter snow or remote location of site makes landscaping impractical. Monument-type signs are preferred over pole signs.

a. Pole Signs. Pole signs are limited to a maximum ten (10') feet in height, except that the maximum sign height for businesses that are located in Community Regions, and that are freeway or State highway related, including restaurants, gasoline stations, and overnight lodging, may be increased to a maximum twenty-five (25')-foot height if it is determined that the additional height is the minimum necessary to provide visibility from the highway or freeway, subject to design review approval. Greater sign height may be authorized due to snow plowing, natural topography or other special circumstances.

b. Monument Signs. Developments in the Commercial, Industrial, and Multi-Family Residential Zoning Districts may have one (1) monument sign per parcel except that development on corner parcels, with access to a second road, may also have a second monument sign visible from the secondary road. Solid architectural bases of native rock or field stone or other natural materials are strongly encouraged. Internally illuminated monument signs can be approved within Community Regions. The maximum size for monument signs shall be as follows:

1. For single tenant structures or center identification, monument signs shall not exceed twenty-five (25) square feet in area and a height of five (5') feet. Secondary signs allowed for corner lots are limited to a maximum fifteen (15) square feet in area.

2. For multiple tenant structures, monument signs shall not exceed fifty (50) square feet and a height of six (6') feet, except that a ten (10')-foot height is allowed in Industrial Districts.

3. Monument signs located east of the Range 10 East line may be increased in height an additional five (5') feet to accommodate snow storage.

c. Menu Boards. Signs displaying products and pricing for drive-through restaurants shall not exceed fifty (50) square feet in area and a height of six (6') feet. Such signs shall be subject to the location and size criteria of this Section. No more than one (1) such sign shall be allowed if the signage is visible from a public roadway. All menu board signage shall require design review and a determination that adequate area is provided for vehicles to queue outside of driving aisles.

d. Directory Signs. Wall-mounted or free-standing, building directory signs, listing the tenants or occupants of a structure or center, provided that such directories do not exceed twenty (20) square feet on any single building wall or a height of eight (8') feet. Letter height shall not exceed two (2") inches. The placement of directory signs shall be oriented to pedestrian traffic.

e. Readerboards. Readerboards are allowed for theaters, auditoriums, fairgrounds, institutional signs, schools, museums or motels/hotels offering conference facilities, if the readerboard is established on-site, and for community identification signs or event purposes.

f. Community Identification Signs. One (1) community identification monument sign shall be allowed on each arterial street entering a community, a maximum sign area size of one hundred (100) square feet and a maximum height of ten (10') feet. Such signing may include the name of the community, and the names of community civic or religious organizations, but shall not include the names of businesses and/or commercial products.

g. Signs in Agricultural Districts. Attached or freestanding signs identifying activities, services, products or occupants are permitted at a maximum two (2) signs per parcel, not exceeding twenty-five (25) square feet each in sign area.

h. Institutional Signs. Churches, schools, community centers or other public or institutional uses are allowed a maximum of two (2) signs, not exceeding a combined sign area of forty (40) square feet. Freestanding signs shall have a maximum height of eight (8') feet.

i. Neighborhood or Residential Development/Subdivision Identification. A maximum of two (2) monument signs, one (1) per street frontage, are allowed, not to exceed twenty-five (25) square feet per sign.

j. Multiple Family Identification. A maximum of two (2) monument signs, one (1) per street frontage, are allowed, not to exceed twenty (20) square feet in sign area per sign.

k. Portable Signs.

1. If business related, must be approved as part of the sign plan.

2. If business related, limited to one (1) in addition to other permanent signs allowed for the business.

3. Maximum sign area of eight (8) square feet.

4. Must be located outside the road right-of-way and not encroach into required off-street parking areas.

5. If business related, may be utilized only during regular hours of operation, and shall be removed during non-business hours.

5. Other Signs.

a. Time and Temperature Signs. Public service information signs that display time and temperature, etc., may be approved provided that the display contains no more than twenty percent (20%) of the allowable sign area devoted to advertising a business or service.

b. Gas Prices. Pricing signs required by the State of California Business and Professions Code, shall not be counted as part of the allowable sign area, provided that the signs do not exceed the state minimum requirements for wording, size and height. This restriction is not applicable to signs within the "HP" Combining District.

c. Suspended or Projecting Signs. One (1) suspended or projecting sign with a maximum area of eight (8) square feet for each business or tenant. No sign shall extend beyond the eave line or covered walkway, unless located within the HP Combining District or if approved as part of a design theme for a commercial/industrial center.

d. Directory Signs. Wall-mounted or free-standing, building directory signs, listing the tenants or occupants of a structure or center, provided that such directories do not exceed twenty (20) square feet on any single building wall or a height of eight (8') feet. Letter height shall not exceed two (2") inches. The placement of directory signs shall be oriented to pedestrian traffic.

e. Readerboards. Readerboards are allowed for theaters, auditoriums, fairgrounds, schools, museums or motels/hotels offering conference facilities, if the readerboard is established on-site, and for community identification signs.

f. Community Identification Signs. One (1) community identification sign shall be allowed on each arterial street entering a community, a maximum sign area size of one hundred (100) square feet and a maximum height of ten (10') feet. Such signing may include the name of the community, and the names of community civic or religious organizations, but shall not include the names of businesses and/or commercial products.

g. Signs in Agricultural Districts. Attached or freestanding signs identifying activities, services, products or occupants are permitted at a maximum two (2) signs per parcel, not exceeding twenty-five (25) square feet each in sign area.

h. Institutional Signs. Churches, schools, community centers or other public or institutional uses are allowed a maximum of two (2) signs, not exceeding a combined sign area of forty (40) square feet. One such sign may be freestanding, with a maximum height of eight (8') feet.

i. Neighborhood or Tract Identification. A maximum of two (2) signs are allowed, not to exceed a combined sign area of fifty (50) square feet. A monument sign is allowed, however, no more than one (1) per street frontage is allowed.

j. Multiple Family Identification. A maximum two (2) signs are allowed for each parcel containing a multi-family development or dwelling group. The maximum size of each sign shall not exceed twenty (20) square feet in sign area. Allowed signage may include one (1) monument sign for each road frontage that provides access to the site.

6. Location and Size. The location and size of all signs shall be in accordance with the following:

a. Setbacks. All signs shall be setback a minimum two (2') feet from property lines, as measured to the nearest edge of the sign.

b. Location. Freestanding signs shall be placed so that vehicular sight distances are not blocked.

c. Size. Size of allowable sign area shall not exceed two (2) square feet for each lineal foot of structure frontage measured on only one (1) frontage facing a street or parking lot unless otherwise specified by this Section. Individual buildings occupied by multiple tenants shall measure sign area by the amount of frontage provided for each tenant space. Corner structures on a corner parcels, providing street frontage to more than one (1) street, will be allowed an additional one (1) square foot of aggregate area for each lineal foot of frontage, measured on the side-street structure side.

d. Measurement of Sign Area. The area of a sign and/or sign structure shall be measured as the number of square feet within the area of the sign face, as follows:

1. Sign Faces Counted. Where a sign has two (2) faces containing sign copy, which are oriented back-to-back and separated by not more than thirty-six (36") inches at any point, the area of the sign shall be measured using one (1) sign face only.

2. Wall Mounted Letters. Where a sign is composed of letters individually mounted or painted on a structure wall, without a border or decorative enclosure, the sign area shall be measured as the number of square feet of the smallest rectangles or combination of rectangles within which all letters can be enclosed.

3. Three-Dimensional Signs. Signs consisting of one (1) or more three-dimensional objects, such as balls, cubes, clusters of objects, or statue-type trademarks, the sign area shall be measured as the area of the smallest rectangle within which the object(s) can be enclosed when viewed from a point where the largest area of the object(s) can be viewed.

4. Cabinet Signs. Where a sign has borders, a decorative enclosure or cabinet, the area of the sign shall be measured as the area in square feet of the smallest rectangle within which the borders, decorative enclosure or cabinet can be contained.

7. Lighting. When lighted, all signs shall be illuminated by continuous, non-pulsating, shielded and stationary light sources, using light fixtures, which direct external light sources at the sign so as to illuminate only the sign face. Any external spot or flood lighting shall be arranged so that the light source is screened from direct view. Internally illuminated "cabinet" signs are prohibited. Internally illuminated signage shall be allowed only in Community Regions and limited to individually lit channel letters. Internally illuminated monument signs may also be approved within Community Regions. Signs may be lit only during those hours that the business being advertised is open for business.

8. Conflicts. In the event of conflicting standards, the more restrictive standard shall apply.

L. Abandoned Signs. When a business ceases to operate for a period of one hundred eighty (180) days or more, all signs advertising that business shall be removed by the owner or lessee of the business on which premises the sign is located. If the owner or lessee fails to remove such signage, the Code Enforcement Officer for the County of Nevada shall provide the owner with a 30-day written notice to remove the signage. Upon failure to comply with such notice the county or its duly authorized representative, may remove the sign at cost to the owner.

M. Removal of Signs. The county may order the removal of any sign erected or maintained in violation of this Section. The county shall give 30-day written notice to the owner of any such sign, structure or premises on which the sign is located, to remove the sign or to bring it into compliance with applicable county ordinances. Upon failure to comply with such notice, the county or its duly authorized representative may remove the sign at cost to the owner. The county may remove the sign(s) immediately and without notice, if, in the opinion of the County Building Inspector, the condition of the sign presents an immediate safety threat to the public.

N. Off-Site Directional Signs. Where a business is not located on a County road or State highway so that permitted on-site advertising is not visible from their primary access road, an Administrative Development Permit may be issued pursuant to the sign permit requirements, for a directional sign if the following standards are met:

1. The sign shall only be allowed for services the traveling motorist requires (i.e., motels, service stations, resorts, restaurants, and campgrounds), which are located off the main thoroughfare.

2. The directional sign shall bear the name of the business and/or service provided (i.e., gas, food, lodging etc.). No sign or its support shall bear any commercial advertising material but may provide the street address and hours of operation.

3. Directional signs shall be placed on private property and may not be located within any road right-of-way.

4. No more than two (2) directional signs may be allowed for any one (1) property unless the Zoning Administrator, or other approval body, determines that unusual circumstances justify additional signage.

5. No more than two (2) sign structures shall be allowed at any intersection.

6. Directional signs shall meet the following design standards:

a. Shall not exceed twenty (20) square feet in overall size, with a maximum width of six (6') feet.

b. Shall bear the name of the business.

c. May bear the street address and hours of operation.

d. May bear a commonly recognized logo.

e. May bear the service provided, i.e. food, gas, lodging, etc.

f. Colors shall be a solid color or white background with contrasting reflective lettering.

g. The maximum height for highway directional signs shall not exceed eight (8') feet from grade.

O. Off-Site Directional Signs. Board of Supervisors Approved Comprehensive Sign Plans. To facilitate visits by the traveling public to County of Nevada agricultural operation associations or users of public services such as trails, the Board of Supervisors may adopt, by Resolution, Comprehensive Sign Plans. Signs shall be attached to signposts so that the sign face is perpendicular or parallel to the traveled way. Posts located within the County of Nevada road right-of-way shall be provided and placed by the Department of Public Works on an at-cost basis. After approval of the sign plan, individual signs and posts may be added or deleted, consistent with the approved plan, without returning to the Board of Supervisors for approval. Maximum number of signs per operation and maximum number of signposts to be determined in conjunction with comprehensive sign plan approval. Multiple agricultural associations may be listed on one (1) signpost.

P. Temporary Directional Subdivision Signs. Are allowed in all residential and rural districts subject to the following:

1. Directional Sign Defined. A directional sign as used in this Section shall mean a sign intended for temporary use in advertising and directing people to a subdivision duly recorded and identified by a tract name assigned or approved by the county and as shown on the final map.

2. Permit Required. No directional sign shall be erected or maintained in any district, defined and established pursuant to this Section, unless an application shall have been made and a permit issued for its erection and maintenance pursuant to the provisions of this Section. No such sign shall be approved unless the following findings can be made:

a. That the proposed site will not adversely affect other signs located pursuant to this Section.

b. That the proposed site is not detrimental to the property of other properties in the vicinity.

c. That the proposed site is in keeping with the character of the surrounding neighborhood.

d. That the proposed site will not obstruct pedestrian or vehicular traffic vision.

3. Application Procedures. Each application to erect a temporary directional sign shall comply with the sign permit requirements. Applications shall bear the signature of the owner of the sign and the owner of the land on which the sign is to be placed, and shall grant the county right to enter upon the land to inspect or to move said sign on termination of the permit.

4. Cash Bond. A cash bond in an amount equal to the total cost of removing the sign shall be posted with the County of Nevada. An agreement executed between the owner or developer of said land and the County of Nevada shall set forth the owner or developers consent to the county to enter upon the land, without liability, to remove said sign as may be necessary. The bond shall remain in effect for the life of the sign and a condition of such bond shall be that upon termination, revocation or expiration of the permit, if the sign for which the permit is granted is not completely removed and the site restored to its original condition within five (5) days thereafter, the full amount of the bond shall be forthwith and summarily forfeited and paid over to the county. The cash bond shall be returned to the owner/developer if the directional sign is completely removed and the site restored to its original condition within said five-day period.

5. Size. Such signs shall maintain an unobstructed open space of ten (10') feet between the finish grade and the sign. The sign shall not exceed ten (10') feet in horizontal length nor more than five (5') feet in vertical height (excluding ten (10')-foot ground clearance) and shall not exceed a total area of fifty (50) square feet.

6. Location. Such signs may be established along, but not within road rights-of-way except that no such sign shall be established within six hundred sixty (660') feet of any freeway right-of-way line or five hundred (500') feet of any freeway offramp, unless the proposed development is adjacent to said freeway or the area adjacent to said freeway is zoned commercial or industrial. Signs located within a commercial or industrial district adjacent to a freeway shall be spaced five hundred (500') feet apart on each side of the freeway.

7. Number of Signs. No more than two (2) directional sign permits may be issued for any one (1) land development project. Where contiguous land development projects are under common ownership and are advertised under the identical name, not more than two (2) directional signs may be in existence at any one (1) time for such contiguous land development projects. For purposes of this Section, land development projects shall be considered contiguous even though separated by streets, water channels or any area less than five hundred (500) in width.

8. Additions to Signs. There shall be no additions, tags, signs, streamers, devices, display boards or appurtenances added to the signs as originally approved or which cause the sign to exceed the dimensions or area herein specified.

9. Time Limits. Each permit for a directional sign shall be valid for not more than one (1) year from the date of issuance, provided however, the Zoning Administrator may renew the permit for one (1) year if it is determined that no adverse findings will result from such renewal.

10. Permit Revocation. Any land use or building code violation of the land upon which the approved sign is located shall constitute grounds for the revocation of said sign permit. Upon receipt of notice of said violation, the owner of the land upon which said sign is located shall immediately dismantle said sign and restore the property to its original condition.

(Ord. 2210. (06/20/2006); Ord. 2239. (05/29/2007); Ord. 2533. (12/05/2023))

All Development Permits and Use Permits within the multiple-family, commercial, industrial, and public districts, shall include adequate, accessible, and convenient areas for the storage of solid waste and for the collection and loading of recyclable materials, as follows:

1. Solid waste and recycling areas, or the bins or containers placed therein, shall provide protections from adverse weather conditions, which might render the collected materials unmarketable.

2. Solid Waste and recycling areas shall be sufficient in capacity, number, and distribution to serve the development project.

3. Solid Waste and recycling areas shall not be located within required parking areas or within areas constructed and maintained for vehicle and/or emergency access.

(Ord. 2090. (07/09/2002); Ord. 2533. (12/05/2023))