Chapter 18.02 — Development and Land Use Approval Requirements

This Chapter describes the general requirements of this Development Code for the approval of proposed development and new land uses by the Town. Land use permit requirements for specific land uses are established by Articles II (Zoning Districts and Allowable Land Uses) and III (Site Planning and General Development Standards).

No use of land or structures shall be established, constructed, reconstructed, altered, allowed or replaced unless the use of land or structures complies with the following requirements.

• A. Allowable use. The land use shall be identified by Article II (Zoning Districts and Allowable Land Uses) as being allowable in the zoning district applied to the site.

• B. Permit requirements. Any land use permit required by this Development Code shall be obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 18.02.030 (Exemptions from Land Use Permit Requirements). The land use permit requirements of this Development Code are established by Article II (Zoning Districts and Allowable Land Uses).

• C. Development standards. The use and/or structures shall comply with all other applicable requirements of this Development Code, including the development standards of Article II (Zoning Districts and Allowable Land Uses), the provisions of Article III (Site Planning and General Development Standards), and the regulations of chapter 18.130 (Nonconforming Uses, Structures, and Parcels).

• D. Legal parcel. The use and/or structures shall only be established on a parcel of land which has been legally created in compliance with the Subdivision Map Act, Article V (Subdivisions), and Chapter 18.86 (Lot Line Adjustments), as applicable at the time the parcel was created.

• E. Previous approvals and agreements. The use and/or structures shall comply with applicable provisions and requirements of any of the following permits, entitlements or agreements:

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Development and Land Use Approval Requirements

1. Conditions of approval. Any conditions of approval imposed by any land use permit previously granted by the County or Town and still in effect;

2. Development Agreements. Any Development Agreement approved by the Town in compliance with Chapter 18.150 (Development Agreements) and still in effect;

3. Planned Developments. Any conditions of approval or other provisions imposed by a Planned Development previously approved by the County or Town and still in effect; and

4. Subdivisions. Any conditions of approval, restrictions or other provisions imposed by a subdivision map previously approved by the County or Town and recorded in the Nevada County Recorder’s Office except as set forth in Section 18.03.020.G.4.

The following activities and uses of land and/or structures are exempt from the provisions and requirements of this Development Code.

• A. Activities within railroad rights-of-way. Railroad and railroad-related operations, activities and facilities within the Union Pacific railroad right-of-way and operating properties.

• B. Electrical facilities of local agencies. The location or construction of local agency facilities for production or generation of electrical energy, electrical substations in an electrical transmission system which receives electricity at less than 100,000 volts, and electrical distribution lines of less than 100,000 volts, in compliance with Government Code Section 53091 and Public Resources Code Section 12808.5.

• C. Water facilities of local agencies . The location or construction of local agency facilities for the production, generation, storage, treatment or transmission of water, in compliance with Government Code Section 53091 and Public Resources Code Section 12808.5.

• D. Government activities . The following activities of government agencies shall be exempt from the provisions of this Code:

  1. Federa l. Activities of the Federal government except where sovereignty has been waived by Congressional or Executive directive or other action regarding compliance with local regulation.

  2. State. Activities of the State government except where consent to local regulation has been granted by the State or is mandated by Federal or State law.

  3. Nevada County . Activities of the County of Nevada provided any notice of such activity is given to the Town as required by State law or County ordinance or regulation.

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4. Special Districts . Activities of school or other special districts which have been legislatively or judicially determined to be exempt from regulation by other local entities.

5. Joint Powers Authorities . Activities of joint powers authorities as long as the members thereof would otherwise be exempt from Town regulation.

The land use permit requirements of this Development Code do not apply to the activities, uses of land and/or structures identified by this Section, which are allowed in all zoning districts subject to compliance with this Section.

• A. General requirements for exemption. The activities, uses of land and/or structures identified by following Subsection B are exempt from the land use permit requirements of this Development Code only when:

  1. The activity or use is established and operated in compliance with all applicable development standards of Articles II (Zoning Districts and Allowable Land Uses) and III (Site Planning and General Development Standards); and

  2. Any permit or approval required by regulations other than this Development Code is obtained in compliance with Section 18.02.050 (Additional Permits or Approvals May Be Required).

  3. The activity or use will not result in any exterior improvements, modifications, or alterations to structures located in the -HP district.

• B. Exempt activities and uses. The following activities, uses of land and/or structures are exempt from the land use permit requirements of this Development Code when in compliance with Subsection A above.

  1. Interior remodeling. Interior alterations that do not increase the number of rooms or the gross floor area within the structure, change the permitted use of the structure, or otherwise intensify the use.

  2. Non-residential repairs and maintenance. Ordinary repairs and maintenance for uses and structures other than residential uses and structures, if:

     • a. The work does not result in any change in the approved land use of the site or structure, or the addition to, enlargement, intensification, or expansion of the use or structure;

     • b. Any exterior repairs employ the same or similar materials and design as the original;

     • c. Any exterior repairs comply with any previous design approval; and

     • d. All repairs and maintenance comply with applicable provisions of Chapter 18.130 (Nonconforming Uses, Structures and Parcels).

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Development and Land Use Approval Requirements

3. Residential activities, uses and structures.

   • a. Decks, paths and driveways. Residential decks, platforms, on-site paths and driveways that are not required to have a Building Permit or Grading Permit by Title 15 (Building and Construction) of the Municipal Code, and are not over 18 inches above natural grade, and not over any basement or story below.

   • b. Fences and walls. Residential fences and walls on parcels with an established land use are exempt from land use permit requirements as provided by Section 18.30.070 (Fences, Walls and Hedges).

   • c. Multifamily residential repairs and maintenance. Ordinary repairs and maintenance for residential uses and structures other than single-family uses and structures, if:

• (1) The work does not result in any change in the approved land use of the site or structure, or the addition to, enlargement, intensification, or expansion of the use or structure;

  - (2) Any exterior repairs employ the same or similar materials and design as the original; 
  
  - (3) Any exterior repairs comply with any previous design approval; and 
  
  - (4) All repairs and maintenance comply with applicable provisions of Chapter 18.130 (Nonconforming Uses, Structures and Parcels). 
  

  • d. Single-family residential repairs and maintenance. Ordinary repairs and maintenance for single-family residential uses and structures, if:

    • (1) The work does not result in any change in the approved land use of the site or structure;

    • (2) The work does not result in an addition, enlargement or expansion of the structure; and

    • (3) All repairs and maintenance comply with applicable provisions of Chapter 18.130 (Nonconforming Uses, Structures and Parcels).

  • e. Small residential accessory structures. Portable storage sheds and other small structures in residential zoning districts that are:

    • (1) Exempt from building and grading permit requirements in compliance with Title 15 (Building and Construction) of the Municipal Code;

    • (2) Less than 120 square feet in roof area; and

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  - (3) In compliance with the setback requirements of Article II (Zoning Districts and Allowable Land Uses), and with any applicable setback requirements in Section 18.58.220 (Residential Accessory Uses and Structures). 

• f. Spas, hot tubs and fish ponds. Portable spas, hot tubs and fish ponds, etc., that do not exceed 120 square feet in total area, including related equipment; contain more than 2,000 gallons of water; and exceed three feet in depth. These facilities shall comply with the side and rear setback requirements established by Article II (Zoning Districts and Allowable Land Uses) for the applicable zoning district, or Section 18.58.220 (Residential Accessory Uses and Structures), where applicable.

4. Solar collectors. The addition of solar collection systems to the roofs of existing structures, provided that the collectors are located in compliance with Section 18.30.140 (Solar Access and Solar Equipment Guidelines) and comply with all applicable development standards of Articles II (Zoning Districts and Allowable Land Uses) and III (Site Planning and General Development Standards).

5. Street right-of-way . Street, utility and related operations, activities and facilities within a public street right-of-way in compliance with a capital improvement project, an encroachment permit, or the Public Improvement and Engineering Standards.

6. Utility infrastructure. The erection, construction, alteration or maintenance by a public utility or public agency of underground or overhead utilities (i.e., water, gas, electric, telecommunication, supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc.), but not including structures, electrical substations which receive electricity at 100,000 volts or greater, and electrical distribution lines of 100,000 volts or greater, shall be permitted in any zoning district provided the utilities are installed and operated in accordance with the Public Improvement and Engineering Standards. Satellite, cellular telephone, wireless communications and other antennas are subject to Section 18.58.250 (Telecommunications Facilities).

Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in Chapter 18.80 (Temporary Use Permits).

An allowed land use that is exempt from a land use permit, or has been granted a land use permit, may still be required to obtain other issued permits before the use is constructed or otherwise established and put into operation. Nothing in this Chapter shall eliminate the need to obtain any permits or approvals required by:

• A. Other provisions of the Municipal Code, including the following: Building Permits, Grading Permits or other construction permits if they are required by Title 15; any Encroachment Permit required by Title 13; or subdivision approval if required by Article V (Subdivisions);

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• B. Nevada County, any special district, or any regional, State or Federal agency.

The applicant shall obtain all necessary permits before starting work or establishing new uses.

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18.03

Interpretation

– CHAPTER 18.03 INTERPRETATION OF CODE PROVISIONS

Sections:

• 18.03.010 - Purpose of Chapter 18.03.020 - Rules of Interpretation 18.03.030 - Procedures for Interpretations