Chapter 18.58 — STANDARDS FOR SPECIFIC LAND USES

Sections:

18.58.010 - Purpose of Chapter 18.58.020 - Applicability 18.58.025 - Accessory Dwelling Units 18.58.030 - Accessory Retail Uses 18.58.040 - Accessory Uses — General Standards 18.58.050 - Adult Entertainment Establishments 18.58.060 - Animal Raising and Keeping 18.58.070 - Bed and Breakfast Inns 18.58.072 Bikeshares 18.58.075 - Cannabis Delivery Services 18.58.080 - Child Day Care Facilities 18.58.090 - Community Centers, Membership Organizations and Public Assemblies 18.58.114 - Electrical Utility Facilities 18.58.120 - Home Occupations 18.58.130 - Live/Work and Work/Live Units 18.58.135 - Makerspaces 18.58.140 - Mixed-Use Development 18.58.150 - Mobile Home Parks and Subdivisions 18.58.160 - Mobile Home, Tiny Home, or Recreational Vehicle - Temporary During Construction 18.58.170 - Mobile Homes, Manufactured Homes, and Tiny Homes on Permanent Foundation Systems

18.58.190 - Outdoor Display and Sales Standards 18.58.200 - Outdoor Storage and Work Areas 18.58.210 - Recycling Facilities 18.58.220 - Residential Accessory Uses and Structures 18.58.240 - Senior Citizen Projects 18.58.245 - Supportive Housing 18.58.260 - Time-Share Uses 18.58.270 - Wireless Communications Facilities

This Chapter provides site planning and development standards for land uses that are allowed by Article II (Zoning Districts and Allowable Land Uses) in individual or multiple zoning districts (e.g., in residential, commercial and manufacturing districts, and in residential and commercial, and/or in commercial and manufacturing districts).

Land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Development Code.

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This Section establishes standards for the development and operation of accessory dwelling units, previously known as secondary residential units and hereafter referred to as “ADUs.” For information specific to junior accessory dwelling units (JADUs), see Subsection O below.

• A. Applicability. Accessory dwelling units (ADUs) are allowed in all zoning districts that allow single-family and multifamily dwelling residential uses (i.e., DRL, DRM, DRH, RR, RL, RM, DMU, DC, DM, CN, CG, CS, NMU, CMU, M, RC and REC zoning districts) subject to compliance with the development standards of the underlying zoning district for the primary dwelling and the requirements of this Section. If a conflict arises between the general development standards and the development standards applicable to ADUs, the development standards of this Section shall supersede any conflicting development standard of Article II or Article III.

B. Types of ADUs.

1. Attached ADU. An attached ADU is within or directly connected to an existing or proposed primary dwelling or its attached garage, having a wall and/or other conditioned space in common. This can include remodeling an existing permitted living space into an ADU, converting existing non-living space into an ADU, adding square footage or an additional floor to the primary dwelling or its attached garage to create an ADU, etc.

2. Detached ADU. A detached ADU is physically separated from an existing or proposed primary dwelling and its attached garage, not sharing a common wall or other conditioned space. This includes converting an existing detached structure into an ADU, adding square footage or an additional floor to an existing detached structure to create an ADU, constructing a new detached structure to create an ADU, etc.

3. Junior ADU (JADU). A JADUs is a smaller type of attached dwelling unit that is no more than 500 square feet in size. Standards for JADUs are described in Subsection 0 below.

4. Conversion ADU/JADU. A conversion ADU is the conversion or replacement of any existing portion of a legally constructed single-family dwelling, garage, or residential accessory structure for the purpose of creating an attached or detached ADU or an attached JADU. Standards for conversion ADUs on multifamily lots are described in Paragraph C.2.b below, and conversion ADUs on single-family lots are described in Paragraph D.3.c below.

• C. Number of units allowed. An ADU that conforms to the development standards in this Section is deemed to be an accessory use and/or an accessory structure and will not be considered to exceed the allowable density for the lot upon which it is located.

  1. Single-family parcels. One accessory dwelling unit (attached or detached) and one junior accessory dwelling unit (JADU) shall be permitted on a legal parcel developed with one single-family dwelling. An ADU and/or JADU may be developed concurrently with a new single-family dwelling; however, final occupancy of the ADU/JADU shall not be issued prior to final occupancy of the new main dwelling.

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2. Multifamily parcels. JADUs are prohibited on multifamily lots. The property owner of the underlying parcel may choose one or both of the following methods to create ADUs:

• a. Multifamily detached ADUs. On a lot with existing or proposed multifamily dwellings, detached ADUs shall be permitted not to exceed the maximum number described below with 18-foot height limits and 4-foot rear and side yard setbacks. Multifamily detached ADUs with a maximum gross floor area of 800 square feet each are eligible for the deviations to development standards applicable to smaller ADUs described in Subparagraph 18.58.025.D.3.b.2 below.

(1) Maximum multifamily detached ADUs.

  - (a) On a lot with an existing multifamily dwelling, not more than eight detached ADUs shall be permitted; however, the number of detached ADUs allowable pursuant to this clause shall not exceed the number of existing multifamily units on the lot. 

  - (b) On a lot with a proposed multifamily dwelling, not more than two detached ADUs shall be permitted. 

• (2) Additional height allowance: On a lot with an existing or proposed multifamily dwelling that is within a half-mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Public Resources Code Section 21155, up to a 20-foot height limit will be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling. For example, if the primary roof plane on the multifamily dwelling has a 7/12 pitch, the detached ADU may exceed the standard 18-foot height limit up to a maximum 20-foot height only for the purpose of replicating the 7/12 pitch roof on the main structure.

• b. Multifamily conversion ADUs. Conversion ADUs within portions of existing multifamily dwelling structures that are not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, attached garages) shall be permitted; the number of converted ADUs permitted shall be one unit per existing multifamily development or up to 25 percent of the existing unit count in the building, whichever is greater.

  • (1) Livable space definition: As defined in Government Code Section 66313(e), “‘livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.”

For example, a multifamily property with 12 existing units could add eight detached ADUs and three new attached ADUs converted from within the existing, non-livable space.

D. Size and location standards.

1. Development envelopes and easements. For ADUs constructed on lots where the recorded subdivision map established development/building envelopes and/or where there are recorded easements on the property, the building envelope and easement restrictions

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shall take precedence over any setback reductions provided within Subsection D.3 (Size limits, Setbacks and Standards) below.

2. Proximity. A detached ADU shall be located within the following distance of the main dwelling or the main dwelling’s attached garage, unless a greater distance is determined to be necessary by the Director to avoid on-site septic systems, water supply systems, geographic constraints, and/or environmentally sensitive areas as defined in Section 18.46.030.B (Environmentally Sensitive Areas):

• a. For single-family parcels under 1 acre in size and all multifamily parcels: 100 feet.

• b. For single-family parcels of 1 acre to 1.99 acres in size: 150 feet.

• c. For single-family parcels 2 acres in size or larger: 200 feet.

3. Size limits, setbacks and standards. ADU size (i.e., floor area and height), setbacks, and development standards are directly correlated, therefore they are combined in this Subsection D.3 (Size limits, setbacks and standards). Where side yard setback reductions are allowed in this Subsection, these reductions do not apply to street-side setbacks on corner lots. Additionally, on a through lot, both lot lines facing streets are front lot lines and subject to standard front yard setback standards; the lot is considered to have no rear lot line in accordance with the Development Code definition of “Lot Line.”

a. Standard ADUs.

• (1) Standard maximum floor area. The gross floor area of an attached or detached ADU is subject to the following standards:

  • (a) For single-family parcels under 1 acre in size and all multifamily parcels, the maximum gross floor area of an ADU shall not exceed the following:

    • i) 850 square feet* for an efficiency unit, studio or 1-bedroom ADU; or

ii) 1,000 square feet* for an ADU with two or more bedrooms.

• (b) For single-family parcels of 1 acre or more, the maximum gross floor area of an ADU shall not exceed 1,200 square feet*, regardless of the number of bedrooms within the unit.

* The actual gross floor area of a standard ADU may be limited to less than these maximum sizes based on the application of the setbacks, height limits, and general development standards described in Subparagraphs (2) and (3) below. For example, a 2-bedroom ADU may be limited to 900 square feet in order to comply with the maximum allowable site coverage on the property.

• (2) Setbacks and height. Any portion of an ADU that is 16 feet* in height or less is permitted to be constructed with reduced side and rear yard setbacks, no closer than 4 feet to the side and/or rear property lines, including eaves. Any portion of an ADU structure that exceeds 16 feet* in height from natural grade, shall comply with standard side and rear setbacks and height limits applicable to the

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main dwelling. (Note: Detached ADUs on multifamily lots shall comply with the height limits in Paragraph 18.58.025.C.2.a above.) ADUs shall comply with the standard front yard and street-side setbacks applicable to the main dwelling regardless of ADU height. The following standards shall apply to ADUs within the reduced side and/or rear yard setbacks:

  - **(a) *Additional height allowance:** An 18-foot height limit with the setbacks described above is permitted on a lot with an existing or proposed singlefamily dwelling that is within a half-mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Public Resources Code Section 21155.  On these lots, up to a 20-foot height limit with the setbacks described above will be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling.  For example, if the primary roof plane on the main dwelling has a 7/12 pitch, a detached ADU may exceed the standard 18-foot height limit up to a maximum 20-foot height only for the purpose of replicating the 7/12 pitch roof on the main structure. 

  - **(b) Roof design and materials.** The pitch of any portion of the roof within the reduced setback shall not be directed toward the side or rear property line, or the structure shall have a non-shedding roof material and/or snow retention mechanism for the life of the structure. The Town of Truckee finds that, in accordance with Truckee Municipal Code Sections 15.03.080 (Declaration as High Snow Area) and 15.03.110 (Snow Loads) which declare that all of the Town of Truckee is classified as a severe climate and "high snow” area, the aforementioned design standards shall apply to roofs within setback areas to address snow-related issues associated with life safety, structural integrity, and property damage prevention. 

  - **(c) Architectural projections.** All architectural projections shall comply with Table 3-2 (Allowed projections in setbacks) based on the standard setbacks for the zoning district, excluding eaves which are allowed up to 4 feet from side and rear property lines.  For example, on a standard single-family residential lot in the RL zoning district, a deck may project up to 3 feet into the 10-foot side yard setback or 6 feet into the 20-foot rear yard setback. Projecting features shall not be permitted unless they comply with development standards (i.e., site coverage, floor area ratio, and open space). 

• (3) Other development standards. ADUs shall comply with all other general development standards applicable to the main dwelling, including site coverage, floor area ratio, and open space unless an exception is provided elsewhere in this Subsection D.3 (Size limits, setbacks and standards).

• b. Deviations for smaller ADUs. An attached or detached ADU that has both a maximum gross floor area of 800 square feet and a maximum height of 16 feet* from natural grade shall be permitted with the deviations to general development standards below. An ADU that exceeds either 800 square feet of gross floor area or 16 feet* in height from natural grade shall comply with Paragraph D.3.a (Standard ADUs) above.

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(*Note: Or up to 18 or 20 feet in height based on the eligibility criteria described in Subparagraph 18.58.025.D.3.a.2.a (Additional Height Allowance) above.)

• (1) Rear & side yard setback reductions. This category of smaller ADUs is permitted to be constructed with reduced side and rear yard setbacks, no closer than 4 feet to the side and/or rear property lines, including eaves. ADUs within the reduced side and/or rear yard setbacks shall comply with Subparagraphs D.3.a.2.b (Roof design and material) and D.3.a.2.c (Architectural projections) above.

  • (a) Front & street-side setback reductions. Smaller ADUs shall comply with standard front and street-side setbacks unless the property owner demonstrates to the satisfaction of the Community Development Director that it is infeasible to construct either an attached or detached ADU up to 800 square feet in size without encroaching into the standard front and/or street-side setback areas. If an ADU is approved to be located within a front or street-side setback, 1) the encroachment shall be the minimum necessary, 2) the portion of the structure within the setback area(s) shall not exceed one story, and 3) the ADU shall not include any windows, doors, or other wall openings on the elevation(s) that is/are parallel to and facing the street(s) within the standard setback area. An ADU shall not be permitted within a recorded easement. The Town of Truckee finds that the incorporation of these standards is in accordance with Truckee Municipal Code Chapter 10.17 (Snow Removal) and are necessary for life safety to protect residents within or exiting the ADU during snow removal operations as large ice chunks can be projected through the air into front and street-side setbacks and toward buildings and windows within those areas.

• (2) Deviations to development standards. This category of smaller ADU is permitted to deviate from the site coverage, floor area ratio, and open space standards applicable to the property. Any deviation(s) shall be the minimum necessary to accommodate the floor area of the ADU living space, not to exceed an 800-square-foot deviation, and any existing nonconforming conditions to the zoning/development standards proposed to be exacerbated by the creation of an ADU must be legal.

• c. Conversion ADUs. The following special standards apply to Conversion ADUs on lots with an existing single-family dwelling; however, they do not apply to multifamily or mixed-use properties:

• (1) Setback exceptions. An existing legally constructed portion of a single-family dwelling, garage, or residential accessory structure that is converted to or replaced with an ADU shall not be required to meet additional setbacks beyond those that were required at the time the original structure was built. For replacements, if the structure is partially or completely demolished and replaced with a structure for a new ADU, the replacement structure shall be in the same location and shall not exceed the dimensions of the original structure, including footprint, floor area, and height, except as permitted below.

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• (2) Proximity & size. The conversion or replacement of any portion of a legally constructed single-family dwelling, garage, or residential accessory structure for the purpose of creating an attached or detached ADU shall not be subject to the proximity requirements of Subsection D.2 (Proximity) or the maximum ADU size limitations of Subparagraph D.3.a.1 (Standard maximum floor area) above. For example, on a 3-acre parcel, a permitted 1,500 s.f. detached garage that is located 300 feet from the main dwelling could be converted to a detached ADU, which exceeds the 1,200 s.f. maximum size and the 200-foot maximum distance from the main dwelling.

  • (a) Expansions of conversion ADUs. If a conversion ADU results in less than the standard maximum allowable floor area for an ADU described in Subparagraph D.3.a.1 (Standard maximum floor area) above, an expansion/addition may be approved; however, any expansions shall be subject to the standard unit size, height limit, setbacks, site coverage, floor area ratio, open space, and other development standards that would be applicable to a new ADU.

  • (b) Ingress/Egress for conversions. In addition to any expansion allowed under Subparagraph D.3.c.2.a (Expansions of conversion ADUs), a conversion ADU may include an expansion of the existing structure up to 150 square feet for the purpose of accommodating ingress and egress to/from the ADU. This is permitted only for space that is unconditioned and not fully enclosed (e.g., front porch, covered stairway, breezeway, wheelchair ramp). This space is allowed to deviate from site coverage, floor area ratio, and open space standards applicable to the property up to 150 square feet, and, if relevant, may be used in addition to the deviations permitted for smaller ADUs in Subparagraph D.3.b.2 (Deviations to development standards) above.

    • i) Setbacks for ingress/egress. A new ingress/egress feature for a conversion ADU shall be no closer than 4 feet to the side or rear property line and shall not extend further into standard front yard or street-side setbacks than the walls of the conversion ADU unless the feature is an architectural projection in compliance with Table 3-2 (Allowed projections in setbacks).

• (3) Garage conversions. In addition to the standards within Paragraphs D.3.c.1 (Conversion ADUs, Setback exceptions) & D.3.c.2 (Conversion ADUs, Proximity & Size) above, an existing legally constructed garage located within a front yard or street-side setback that is approved for conversion to or replacement with an ADU shall not include any windows, doors, or other wall openings on the elevation(s) that is/are parallel to and facing the street(s) within the standard setback area. The Town of Truckee finds that the incorporation of this standard is in accordance with Truckee Municipal Code Chapter 10.17 (Snow Removal) and is necessary for life safety to protect residents within or exiting the ADU during snow removal operations as large ice chunks can be projected through the air into front and street-side setbacks and toward buildings and windows within those areas.

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• (4) Roof modifications. If the converted or replaced structure is within the standard setbacks applicable to the main dwelling, and if substantial modifications are proposed to the existing roof design or surface/material as a part of the ADU creation, the modifications shall comply with Subparagraph D.3.a.2.b (Roof design and material).

• d. Minimum floor area. A minimum floor area of 150 square feet is required for all ADUs.

E. Parking and driveways.

1. Parking standard. One on-site parking space shall be provided for each ADU, in addition to any parking required for the main dwelling unit, in compliance with Chapter 18.48 (Parking and Loading Standards), unless an exemption is provided below:

2. ADU garage size. If a garage or carport for an ADU is proposed, it shall not exceed 500 square feet, shall comply with all general development standards applicable to garages and carports, including, but not limited to, setbacks, site coverage, floor area ratio and open space, and shall be consistent with Section 18.58.220.E.1.c (Residential Accessory Uses and Structures – Garages).

3. Parking exemptions. The one on-site parking space per ADU shall not be required if any of the following situations apply:

• a. The ADU is located within a half-mile walking distance of a public transit stop or within the Downtown Truckee Plan Area General Plan Land Use Designation; or

• b. The ADU is part of (attached to) an existing or proposed primary residence or an existing accessory structure; or

• c. When on-street parking permits are required but not offered to the occupant of the ADU; or

• d. A car share vehicle station is located within one block of the ADU; or

• e. The ADU is a conversion of existing, permitted space in compliance with Section 18.58.025.D.3.c above (Conversion ADUs) or is a detached ADU not exceeding 800 square feet in floor area or 16 feet in height in compliance with Section 18.58.025.D.3.b above (Deviations for smaller ADUs); or

• f. When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies at least one criterion listed in Paragraphs a-d (Parking Exemptions) above.

4. Replacement parking exemption. When a legally constructed garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or is converted to an ADU, replacement off-street parking for the dwelling is not required.

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5. Parking location. The Town of Truckee finds that in accordance with Truckee Municipal Code Chapter 10.17 (Snow Removal) and due to Truckee’s unique winter climate, the necessity to provide fast and efficient snow removal operations to accommodate emergency response vehicles and enhance driver safety, and the need to minimize property damage to parked vehicles during snow removal operations, required parking for ADUs and any required replacement parking for the main dwelling shall meet the following criteria:

• a. All required parking shall be entirely on the private property and not in the right-ofway (Development Code 18.78.070.A, Location [of off-street parking]);

• b. No required parking shall be located within a snow storage easement (Municipal Code Section 10.17.030, Obstructing snow removal equipment prohibited). Required parking shall be prohibited within easements unless either: (i) the easement is amended, with the consent of all entities with an interest in the easement, to clarify that the parking can remain in place in perpetuity notwithstanding any other provision of the easement; or (ii) all entities with an interest in the easement provide written consent for the parking to remain in place in perpetuity, which such consent is absolute, irrevocable, permanent, supersedes the easement to the extent it is inconsistent with the easement, and is recorded in the official records of Nevada County;

• c. No required parking shall be located within five feet of side property lines (Public Improvements and Engineering Standards Section 4.07, Driveways); and

• d. Unless otherwise restricted by the above requirements, tandem parking and/or parking within setback areas is permitted.

6. On-street parking restriction. Nothing within Subsection E (Parking and driveways), including the exemptions, shall be deemed to permit on-street parking during any time when such parking is prohibited. This includes, but is not limited to, the on-street parking restriction throughout Truckee from November 1 to April 30 annually (Truckee Municipal Code Section 10.17.030, Obstructing Snow Removal Equipment Prohibited).

ction.** Nothing within Subsection E (Parking and driveways), including the exemptions, shall be deemed to permit on-street parking during any time when such parking is prohibited. This includes, but is not limited to, the on-street parking restriction throughout Truckee from November 1 to April 30 annually (Truckee Municipal Code Section 10.17.030, Obstructing Snow Removal Equipment Prohibited).

7. Shared driveway. An ADU shall be served by the same driveway encroachment as the main dwelling unit. A second driveway for an ADU will be permitted only if all of the following standards are met: 1) The ADU is located on a corner lot or through lot where the ADU will be accessed from a street other than the street providing access to the primary residence, or the ADU is on a lot with road frontage exceeding 150 lineal feet; 2) the proposal shall demonstrate compliance with the maximum allowable site coverage applicable to the property; and 3) the proposal shall comply with all other applicable Development Code standards and Public Improvement and Engineering Standards for single-family driveways and required off-street parking locations, except as modified within this Subsection E (Parking and driveways).

F. ADU design features.

1. ADU entrance. The ADU shall have an exterior entrance separate from the main entrance to the proposed or existing main dwelling; this egress/entrance shall include a continuous and unobstructed path of travel to/from the public way. Alternatively, the ADU may share

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a single interior entryway (e.g., airlock, mudroom) with the main dwelling and/or JADU if it meets all of the following criteria:

• a. The shared entryway shall not exceed 80 square feet; however, the floor area of existing or required stairs within the entryway shall not count toward the 80 square foot allowance;

• b. The shared entryway shall provide direct, private access to each unit; however, in no case shall the primary entrance to the ADU be through the main dwelling living area, JADU, garage, or other interior space; and

• c. The shared entryway is considered part of the main dwelling and is subject to general development standards applicable to the main dwelling, including setbacks, height limit, site coverage, floor area ratio, and open space.

2. Interior access. Interior access between the ADU and the main dwelling, attached or detached garage for the main dwelling, and/or other residential accessory structures shall be allowed, in compliance with all applicable California Building Standards Code requirements, as adopted by the Town of Truckee. If interior access is proposed, the tenant of the ADU shall be able to lock the shared door from the interior of the ADU for privacy.

3. Kitchen or cooking facilities. An ADU shall include a permanent kitchen or cooking facility, consistent with the Development Code definition of a kitchen (Section 18.220.020.K, Kitchen or Cooking Facilities, Residential). At a minimum, an ADU kitchen shall include the following equipment:

• a. Cooking facilities (i.e., a standalone cooking appliance with at least two burners that is connected to a gas stub or 220 electric volt outlet; does not include portable cooking accessories such as hot plates and other temporary heat sources);

  • b. A refrigerator (no minimum size); and

  • c. A sink for dishwashing and sanitation purposes.

4. Closet requirement. ADU bedrooms shall include a closet, consistent with the Development Code definitions of “Bedroom” and “Closet” (Section 18.220.020, Definitions); however, a 1-bedroom ADU may provide a closet anywhere within the unit, and a studio ADU is not required to provide a closet.

5. ADU exterior stairs/walkway setbacks. Exterior stairs and walkways serving an ADU and/or JADU shall comply with Table 3-2 (Allowed projections in setbacks) based on the standard setbacks for the zoning district, unless a setback deviation is allowed under Section 18.58.025.D.3.b.1 above (Deviations for smaller ADUs, Rear & side yard setback reductions) or Section 18.58.025.D.3.c.2.b.i above (Conversion ADUs, Setbacks for ingress/egress).

• a. Exception: The Director may allow an uncovered, exterior stairway or walkway to encroach into a setback area, beyond the above allowances, if the Director finds all of the following:

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     - i. Strict application of the setback standard would prevent establishing a reasonable and sole “Means of Egress,” as defined by 2025 California Residential Code Section R318 (Means of Egress), to/from an ADU and/or JADU; 

     - ii. The deviation is the minimum departure necessary to grant relief to the standards based on site constraints, including the location of existing development, recorded easements, geographic constraints, and/or environmentally sensitive areas as defined in Section 18.46.030.B (Environmentally sensitive areas); 

     - iii. The stairs/walkway are not located within a recorded easement unless allowed under Section 18.30.056.A (Structures within easements); and 

     - iv. The stairs/walkway comply with the Public Improvement and Engineering Standards. 

• G. Design standards for ADUs in the –HP Overlay District. Any detached or attached ADUs larger than 800 square feet or greater than 18 feet in height within the –HP overlay district that is newly constructed or requires exterior modifications shall be consistent with standards outlined in this section. Designs that do not meet the standards of this section may request Historic Design Review (Chapter 18.77) and shall be subject to the requirements of the Downtown Truckee Plan Historic Design Guidelines.

  1. Setbacks. ADUs shall not be located between the primary residence and the front property line, unless the ADU falls under the standards of Section 18.58.025.D.3.b. Setbacks for an ADU shall be in compliance with the standards of the zoning district for the primary dwelling or as otherwise indicated in this section.

  2. Orientation. The ADU shall be parallel to the side property lines.

3. Siding. Painted or semi-solid stained wood siding shall make up over 60% of the exterior wall material. Transparent stained wood siding is prohibited. A maximum of three types of siding shall be used on the ADU. The allowed siding types for any ADU shall be:

  - **a.** Horizontal wood lap or clapboard siding, four to six inches of wide. 

  - **b.** Brick in a running bond pattern for a large field (greater than 25% of the building wall) or used in any pattern as an accent (10% of any building wall). 

  - **c.** Stone for wainscot, up to a third of the wall’s height, including the cap or any moldings. 

  - **d.** Wood shingles on gable ends. 

4. Siding for a detached ADU. For detached ADUs, in addition to the siding material allowed above, the following materials may be used, however the maximum quantity of siding types remains three:

  - **a.** Board and batten with two- to four-inch battens and six- to eight-inch boards. 

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• b. Weathered or powder-coated corrugated metal. If powder-coated metal is used, earthtone colors (shades of brown, green, and warm gray) are required.

• c. Non-reflective hot-rolled steel.

5. Windows. All windows shall be wood or aluminum clad wood. One window material shall be used for all windows on the ADU. The following standards apply to windows on ADUs:

• a. Windows on facades visible from the public right-of-way shall be vertically proportioned, with at least a 2:1 ratio. “Vertically proportioned” means that the vertical dimension is at least two times the length of the horizontal dimension.

• b. Only rectangular windows are allowed (e.g., circular, triangle, octagonal, arched windows are not permitted).

• c. Divided lights are not required, but if used, the divided lights shall be true divided lights or simulated divided lights. True divided lights are constructed with muntin bars between individual panes of insulated glass. Simulated divided lights are constructed with muntin bars permanently adhered to the surface both sides of the glass that create three-dimensional relief on the surface of the window glass.

• d. Window openings are limited to 30% of the area of each building wall.

• e. Painted wood window trim of at least two inches in width shall be required

6. Doors. The following standards apply to exterior doors:

• a. Doors shall be painted wood.

• b. Doors shall only have window openings up to 20% of the door area.

7. Roofs.

• a. Materials. All roof material shall have a matte, non-reflective finish and shall be an earthtone color (shades of brown, green, and warm grays). The following materials are allowed:

  • (1) Sawn wood shingles.

  • (2) Composition shingle with uniform shingle shapes. Cutaway corners, scallopededge, and other irregular shapes are prohibited. Faux shake shingles are prohibited.

  • (3) Non-reflective corrugated metal.

  • (4) Metal standing seam roofing with a one-inch seam height.

• b. Shape. If the ADU is detached, roofs shall be the same pitch and shape as the main dwelling and the primary ridge line shall be perpendicular to the street. Mansard, flat, and false front roofs are prohibited. The following roof shapes are allowed:

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  - (1) Gable. Slopes shall be between 7:12 and 9:12. Gable ends shall face the street. 

  - (2) Shed. Slopes shall be 4:12 to 12:12. 

• c. Accessories. The following requirements apply to roof accessories:

  • (1) A maximum of two dormers are allowed.

  • (2) Skylights shall be flush with the roof plane. Bubbled or domed skylights are prohibited.

    • (a) Drains, gutters, and vents shall be painted to match the color of the roof or the wall on which it is located.

    • (b) Snow fences or guards shall be metal, non-reflective, and painted the color of the roof.

8. Decks, balconies, and patios. The following standards apply to decks, balconies, or patios on ADUs:

• a. Railings may be wood, steel, or cable metal.

• b. Glass, plastic, and plexiglass railings are prohibited.

• c. Crusher screen is prohibited.

9. Exterior lighting.

• a. Materials. All exterior light fixtures shall be non-reflective natural metal or earthtone colors (shades of brown, green, or warm gray) or black. The following materials are allowed for exterior lights:

  • (1) Non-reflective or powder-coated aluminum.

  • (2) Cast iron.

  • (3) Baked Enamel or porcelain.

  • (4) Oxidized copper.

• b. A maximum of two light fixtures are allowed on an ADU.

• H. Water supply and sewage disposal. All water supply and sewage disposal shall be provided by an established community system or by an on-site system approved by the Nevada County Environmental Health Department. An ADU shall not be allowed on a parcel that is served by an on-site septic system unless approval is obtained from the Nevada County Environmental Health Department and the unit complies with the Lahontan Regional Water Quality Control Board.

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• I. Occupancy and rental requirements. The short-term rental of an ADU for a term of less than 31 consecutive days is prohibited. There are no occupancy restrictions for long-term rentals of 31 days or more on either the primary dwelling unit or the ADU.

• J. Sale of unit prohibited. No ADU shall be subdivided from the main dwelling through a condominium plan, community apartment plan, housing cooperative, or other subdivision. The sale or conveyance of an ADU independent and/or separate from the main dwelling shall be prohibited unless the unit was developed by a qualified nonprofit corporation and all requirements of Government Code Section 66341 are met.

unit prohibited.** No ADU shall be subdivided from the main dwelling through a condominium plan, community apartment plan, housing cooperative, or other subdivision. The sale or conveyance of an ADU independent and/or separate from the main dwelling shall be prohibited unless the unit was developed by a qualified nonprofit corporation and all requirements of Government Code Section 66341 are met.

• K. ADU deed restriction requirements. Prior to the issuance of a temporary or final certificate of occupancy, an ADU requires the recordation of a deed restriction in a form approved by the Town of Truckee, which shall run with the land, and shall include the following:

  - a. A prohibition on the sale of the accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction will be enforced against future purchasers, as described in Subsection J (Sale of Unit Prohibited) above; 
  
  - b. A restriction on the size and attributes of the accessory dwelling unit in compliance with this Section; and 
  
  - c. A prohibition on the short-term rental of the accessory dwelling unit for a period of less than 31 consecutive days, as described in Subsection I (Occupancy and Rental Requirements) above. 
  

• L. Building code requirements. Each ADU and JADU shall obtain a building permit from the Town of Truckee and shall be constructed in compliance with all applicable California Building Standards Code requirements, as adopted by the Town of Truckee.

  1. Fire sprinklers. ADUs are not required to provide fire sprinklers if sprinklers are not required for the primary dwelling unit. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

  2. Manufactured home, tiny homes, etc. A manufactured home (a.k.a. mobile home), modular home (a.k.a. factory-built or prefabricated home), tiny home, park model home, or similar unit may be used as an ADU if it is permanently attached to a foundation and complies with the California Building Standards Code, as adopted by the Town of Truckee. A tiny home on a chassis or park model home on a chassis is not permitted for use as an ADU unless it is modified to meet the aforementioned standards.

  3. Movable units. A recreational vehicle (e.g., motorhome, campervan, truck camper, travel trailer, pop-up trailer, fifth wheel trailer, toy hauler), travel van, or other movable habitable space generally cannot be approved as an ADU; however, it may be approved if it is permanently attached to a foundation and complies with the California Building Standards Code, as adopted by the Town of Truckee.

• M. Illegal accessory dwelling units. This Section shall not validate any existing illegal ADU. To convert an unpermitted ADU to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a newly proposed ADU, including the a building

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permit application, any required permitting documentation, permitting fees, correction of all deficiencies identified by local agencies and special districts, and the execution of an ADU deed restriction, as described in Subsection K (ADU Deed Restriction Requirements) above. An ADU will be denied a building permit if there are violations that are necessary to correct in order to protect the health and safety of the public or occupants of the structure, pursuant to Government Code Sections 66322(b) and 66332.

• N. ADU reversions. If an ADU or JADU is legally permitted and constructed with deviations to the development standards that would otherwise be applicable to the property, as permitted by the Subsections D (Size and location standards) and/or E (Parking and driveways) above, and the ADU is subsequently reverted or converted to another use other than an ADU/JADU, any deviations from development standards (e.g., setbacks, site coverage, floor area ratio, open space, parking) shall be brought into compliance with the standards in effect at the time a complete application for a reversion or conversion of the space is submitted to the Community Development Department.

• O. Junior Accessory Dwelling Units (JADUs).

  1. Applicability. JADUs are allowed in all zoning districts that allow single-family residential uses (i.e., RL, RR, DRL, DMU, NMU-R, RC and REC zoning districts), subject to compliance with the requirements of this Section.

  2. Number of units allowed. A maximum of one junior accessory dwelling unit (JADU), in addition to one attached or detached ADU, shall be allowed on a parcel with an existing or proposed single-family dwelling.

  3. Location on site. A JADU must share at least one wall, floor, and/or ceiling with the living space of the attached main dwelling. A JADU may be created by converting existing space within the walls of an existing single-family residence (living or non-living space) or attached garage, built as an attached addition to an existing residence, or constructed concurrently as an attached unit to a new single-family residence. If a JADU is created as an addition to an existing residence or concurrent with a new residence, the JADU shall comply with all development standards applicable to the main dwelling, including setbacks, height limits, site coverage, floor area ratio, open space, etc.

  4. Floor area limitation. The gross floor area of the JADU shall not exceed 500 square feet and shall not be less than 150 square feet.

  5. JADU separate entrance. A JADU shall have an exterior entrance separate from the main entrance to the existing or proposed single-family residence; this egress/entrance shall include a continuous and unobstructed path of travel to/from the public way. Alternatively, the JADU may share a single interior entryway (e.g., airlock, mudroom) with the main dwelling and/or ADU if it meets all of the following criteria:

  - a. The shared entryway shall not exceed 80 square feet; however, the floor area of the existing or required stairs within the entryway shall not count toward the 80 square foot allowance;
  

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• b. The shared entryway shall provide direct, private access to each unit; however, in no case shall the primary entrance to the JADU be through the main dwelling living area, ADU, garage, or other interior space; and

• c. The shared entryway is considered part of the main dwelling and is subject to general development standards applicable to the main dwelling, including setbacks, height limit, site coverage, floor area ratio, and open space.

6. Interior access. Interior access from the JADU to the main dwelling may be maintained; however, if the sanitation facilities are shared with the main dwelling as allowed in Subsection 8 below (Sanitation Facilities), unrestricted interior access to the sanitation facilities is required at all times. If interior access is proposed, the tenant of the JADU shall be able to lock the shared door from the interior of the JADU for privacy.

7. Cooking facilities. The JADU shall include an efficiency kitchen, which shall include the following:

• a. A cooking facility with appliances. (Note: Government Code Section 66333(f)(1) does not permit local jurisdictions to specify exactly what “a cooking facility with appliances” must include for JADUs. This standard can be met with basic plug-in kitchen appliances (e.g., microwave. hot plate, mini-fridge) or with a full, high-end kitchen (e.g., gas range, double oven, large sink with disposal, commercial refrigerator). Therefore, a JADU is not required to comply with the Development Code definition of a “Kitchen or Cooking Facility,” which specifies several types of appliances required in residential kitchens.)

• b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

8. Closet Requirement. JADU bedrooms shall include a closet, consistent with the Development Code definitions of “Bedroom” and “Closet” (Section 18.220.020, Definitions); however, a 1-bedroom JADU may provide a closet anywhere within the unit, and a studio JADU is not required to provide a closet.

9. Sanitation facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

10. Water supply and sewage disposal. A JADU shall not be considered a separate or new dwelling unit for the purposes of providing service for water, sewer or power.

11. Parking. No additional parking shall be required for a JADU.

12. Occupancy and rental requirements.

• a. Short-term rental restriction. The short-term rental of a JADU for a term of less than 31 consecutive days is prohibited for all JADUs, including after-the-fact permits for existing illegal ADUs described in Subsection 13 (Illegal junior accessory dwelling units) below.

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• b. Owner occupancy. On a parcel with a primary dwelling unit and a JADU, only one of the units may be rented; the owner must reside in either the remaining portion of the main dwelling or in the JADU. For example, the owner could reside in the main dwelling and long-term rent the JADU, or the owner could reside in the JADU and choose to long-term or short-term rent the main dwelling. Owner-occupancy is not required if the owner is a governmental agency, land trust, or housing organization.

13. JADU deed restriction requirements. Prior to the issuance of a temporary or final certificate of occupancy, a JADU requires the recordation of a deed restriction in a form approved by the Town of Truckee, which shall run with the land, and shall include the following:

• a. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers ; and

• b. A restriction on the size and attributes of the junior accessory dwelling unit in compliance with this Section.

• c. A prohibition on the short-term rental of the junior accessory dwelling unit for a period of less than 31 consecutive days.

• d. Requires owner occupancy consistent with Subparagraph O.11.b (Owner occupancy) above.

14. Illegal junior accessory dwelling units. This Section shall not validate any existing illegal JADUs. To convert an unpermitted JADU to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a newly proposed JADU, including the JADU deed restriction described in Subsection 12 above (JADU Deed Restriction Requirements). A JADU will be denied a building permit if there are violations that are necessary to correct in order to protect the health and safety of the public or occupants of the structure, pursuant to Government Code Sections 66336. and 66332.

This Section establishes standards for the development and operation of retail sales and service establishments within/in conjunction with and accessory to a main commercial and/or manufacturing use where authorized by Article II (Zoning Districts and Allowable Land Uses). For example, these accessory uses include restaurants and pharmacies within hospitals, etc., and the sale of retail merchandise.

• A. General standard. Accessory retail uses are allowed, provided there will be only minor external evidence of any commercial activity other than the main use of the parcel (e.g., no signs, windows with merchandise visible from adjoining public rights-of-way, etc.), nor access to any space used for the accessory retail use other than from within the main structure.

• B. Commercial and manufacturing zoning districts. Restaurants and retail sales are allowed in the commercial zoning districts incidental and accessory to offices, hospitals and other medical facilities and pharmacies. Accessory restaurants, retail sales and other services are allowed in the manufacturing zoning district to serve the needs of the employees.

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• C. Residential and special purpose zoning districts. Membership organizations, social or recreational establishments may engage in retail sales for guests only.

• D. Review and approval required. Accessory retail uses shall be subject to land use permit approval in compliance with Chapter 18.12 (Commercial and Manufacturing Zoning Districts). In order to approve an accessory retail use, the Director shall find that there will be no harm to adjoining existing or potential residential development due to excessive noise, traffic or other adverse effects generated by the accessory use.

This Section establishes standards defining the relationship between a main use and an accessory use on the same site, where the accessory use is a common feature of the main use but would not be allowed by the applicable zoning district as a main use on the same site. For example, a coffee shop in a CG (General Commercial) zoning district may include minor coffee bean roasting as part of its operations as an accessory use in compliance with this Section, but coffee roasting as a main use would be allowed as a main use only in the M (Manufacturing/Industrial) district.

• A. Allowable accessory uses. Accessory uses are allowed in conjunction with a main use as follows:

  1. Accessory retail sales. Accessory retail sales are allowed in compliance with Section 18.58.030 (Accessory Retail Uses), above.

  2. Residential accessory uses. Residential accessory uses are allowed in compliance with Section 18.58.220 (Residential Accessory Uses and Structures).

  3. Electric vehicle charging stations. Electric vehicle charging stations are allowed as an accessory use in conjunction with an established primary use on a site.

  4. All other accessory uses. The Director shall determine whether any proposed accessory use not otherwise listed in this Section is:

  - a. Customarily related to and commonly found with the proposed main use, and is therefore allowable subject to the same land use permit as the main use; or 
  
  - b. Not customarily related to and commonly found with the proposed main use, and is therefore prohibited. 
  

• B. Timing of accessory use. An accessory use shall only be established at the same time as a main use, or after a main use has been established.

• B. Maximum area of accessory use . An accessory use determined by the Director to be allowable in compliance with this Section shall not exceed 25 percent of the floor area devoted to the main use.

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This Section establishes standards for the location, construction and operation of adult entertainment establishments.

• A. Applicability. Adult entertainment establishments allowable only in the M zoning district, with a Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits), shall be located, constructed and operated as provided by this Section.

B. Site requirements.

1. Location.

• a. Separation requirements. It is unlawful to cause or permit the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or sexual encounter establishment within 1,000 feet of another similar establishment or within 1,000 feet of any religious institution, school or public park, or within 1,000 feet of any property designated for residential use or used for residential purposes.

b. Measurement of distances.

• (1) The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each establishment.

• (2) The distance between any adult entertainment establishment and any property designated for residential use or used for residential, religious institution, school or public park purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult entertainment establishment to the closest property line of the property designated for residential use or used for residential, religious institution, school or public park purposes.

2. Landscaping. Landscaping shall comply with Chapter 18.40 (Landscape Standards), except that if the adult entertainment establishment is the only use on a parcel, the planting shall not exceed 30 inches in height, except trees with foliage not less than six feet above the ground.

3. Lighting. The entire exterior ground, including the parking lot, shall be provided with lighting which is energy efficient, stationary and directed away from adjoining properties and public rights-of-way, in compliance with Section 18.30.060 (Exterior Lighting).

4. Signs. On-site signs shall comply with Chapter 18.54 (Signs).

C. Interior design requirements.

1. Screening. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the adult entertainment establishment.

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2. Facilities for live entertainment. The following standards shall apply to adult entertainment establishments that provide live entertainment depicting “specified anatomical areas” or involving “specified sexual activities”:

• a. There shall be no live entertainment performances, for patrons of an adult entertainment establishment, except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons. Patrons shall not be allowed within six feet of the stage while the stage is occupied by an entertainer/performer;

  • b. The adult entertainment establishment shall provide separate dressing room facilities and entrances/exits to the premises which are exclusively dedicated to the entertainers’ use; and

  • c. The adult entertainment establishment shall provide permanent access for entertainers between the stage and the dressing room facilities which is completely separated from the patrons.

    • (1) If the separate access is not physically feasible, the adult establishment shall provide a minimum three foot wide walk aisle for entertainers between the dressing room facilities and the stage, with a permanent railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between the entertainers and patrons.

    • (2) Fixed rail(s) at least 30 inches in height shall be installed and permanently maintained establishing the required separations between the entertainers and patrons.

3. Arcade viewing area.

• a. It is unlawful to maintain, operate or manage or permit to be maintained, operated or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall or other enclosure. For purposes of this Subsection, “viewing area” means the area where a patron or customer would ordinarily be positioned while watching the film, performance, picture or show.

• b. It is unlawful for more than one person at a time to occupy any individually partitioned viewing area or booth.

• c. It is unlawful to create, maintain or permit to be maintained any holes or other openings between any two booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area.

D. Operational requirements.

1. Employee(s) required. It shall be the duty of the owner(s) to ensure that at least one employee is on duty at all times that any patron is present inside the premises.

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2. Hours of operation . The adult entertainment establishment shall not operate or be open between the hours of 2:00 a.m. and 7:00 a.m.

3. Security guard(s).

• a. At least one security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the establishment is open. If the occupancy limit of the premises is greater than 50 persons, a second security guard shall be on duty inside the premises.

• b. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this Section, and notifying the Police Department and Code Enforcement Director of any violations of law observed.

  • c. Security guards, required by this Section, shall be uniformed so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard in compliance with local and/or State law.

  • d. Security guards, required by this Section, shall not act as a doorperson, ticket seller, ticker taker or admittance person while acting as a security guard in compliance with this Section.

• E. Minors and intoxicated persons excluded. It shall be a misdemeanor for any person under the age of 18 years, or obviously intoxicated person, to enter or remain on the premises of an adult entertainment establishment at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult entertainment establishment.

• A. Applicability. The standards of this Section shall apply to the raising and keeping of the following animals on a property in association with a primary residential use:

  1. Household pets — Includes cats, canaries, dogs, parrots and other varieties of birds and animals ordinarily kept as household pets;

  2. Exotic or wild animals — Includes foxes, monkeys, raccoons, snakes, etc.;

  3. Fowl and other small animals and birds — Includes chickens, ducks, geese, pigeons, turkeys and other fowl excluding backyard chickens, and chinchillas, guinea pigs, hamsters and all types of similar rodents; and

  4. Livestock and other large animals — Includes cows, donkeys, goats, horses, mules or ponies, ostriches, sheep, steers and swine.

  5. Backyard Chickens — Includes chicks and hens kept as household pets.

• B. Maximum number of animals. Table 3-13 identifies the maximum number of animals allowed on a single residential parcel or dwelling unit.

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TABLE 3-13 MAXIMUM ALLOWABLE ANIMALS

Notes:

• (1) Raising and keeping of household pets in compliance with the maximum number of allowed animals, in conjunction with a primary residential use, is exempt from permit requirements. The keeping of more than the maximum number of household pets may be permissible in the RR, RC and REC zoning districts subject to the issuance of a Minor Use Permit in compliance with Chapter 18.76.

• (2) The keeping of livestock, other large animals, fowl and other non-household pet small animals and birds is allowed only in the RR, OS, RC and REC zoning districts.

• (3) A property owner shall have the full site area increment to receive the animal allotment; 0.5 acres for the first animal, and 1.4 acres is allowed only two animal units (not three). The keeping of one livestock or other large animal or 10 fowl or other small animal or bird on a parcel not meeting the minimum site area (0.5 acres) may be permissible subject to the issuance of a Minor Use Permit in compliance with Chapter 18.76.

  • (4) An animal unit is equal to one livestock or other large animal or 10 fowl or other small animal or bird.

  • (5) The keeping of more than 10 animal units may be permissible subject to the issuance of a Minor Use Permit in compliance with Chapter 18.76. The parcel shall meet the minimum site area requirements for the number of animal units to be kept on the parcel. For example, a parcel with an approved Minor Use Permit to keep 15 animal units shall have a minimum site area of 7.5 acres (0.5 acres per animal unit).

• C. Animal raising and keeping standards . The requirements of this Subsection shall apply to the raising and keeping of allowable animals, in association with a primary use, except for household pets , exotic or wild animals, and backyard chickens.

  1. Site slope requirements. Animals shall not be allowed on slopes exceeding 30 percent.

  2. Erosion and drainage control plan required. An erosion and drainage control plan shall be submitted and approved by the Town Engineer for the raising and keeping of animals on parcels over 20 percent in slope. The plan shall propose

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operational/management measures to prevent grazing to bare soil, and physical measures to prevent sediment transport from the site into waterways, streets or onto adjoining properties;

3. Existing uses conforming. Any residential property where animals are legally kept as of the effective date of this Development Code shall be deemed to be conforming. Any expansion of use shall be subject to the provisions of this Section;

4. Location requirements.

  - **a. Animal setbacks from RL and RM districts.** Animals shall not be located closer than 10 feet to all property lines adjacent to properties in the RL or RM zoning districts. 

  - **b. Fencing.** Corral areas for the containment of the animals shall be located at least 10 feet from all property lines adjacent to properties in the RL or RM zoning districts. 

  - **c. Barns or stables.** Barns or stables shall be located at least 30 feet from all property lines on parcels three acres or larger in size and 10 feet from all property lines on parcels less than three acres in size. On parcels less than one acre, side setbacks may be reduced to 10 percent of the width of the parcel, to a minimum of 10 feet, provided that the barn or stable is located no closer than 30 feet to any dwelling(s) on an adjoining parcel;

ed at least 30 feet from all property lines on parcels three acres or larger in size and 10 feet from all property lines on parcels less than three acres in size. On parcels less than one acre, side setbacks may be reduced to 10 percent of the width of the parcel, to a minimum of 10 feet, provided that the barn or stable is located no closer than 30 feet to any dwelling(s) on an adjoining parcel;

5. Site maintenance and animal care. The site shall be maintained and all animals shall be cared for in a manner that does not create a public health problem, or interfere with the public welfare of surrounding properties; and

6. Water supply. An adequate supply of fresh water shall be available to the animals at all times, subject to the approval of the Nevada County Health Officer.

• D. Backyard chicken raising and keeping standards. The requirements of this Subsection shall apply to the raising and keeping of backyard chickens on residential parcels as follows:

  1. Permit Requirement. No permit shall be required for the raising or keeping of backyard chickens on any RL, DRM, DRL, DMU or NMU-R zoned parcel in association with a single-family residential use. The keeping of backyard chickens may be permissible in association with multifamily uses in the RM, DRM, DMU, DRH, CMU and NMU zoning districts subject to the issuance of a Minor Use Permit in compliance with Chapter 18.76.

  2. Lot size requirement. Table 3-14 identifies the maximum number of backyard chickens allowed on a single residential parcel.

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TABLE 3-14 MAXIMUM ALLOWABLE BACKYARD CHICKENS

Notes:

• (1) Raising and keeping of six or fewer backyard chickens shall be allowed in these zoning districts without a permit requirement in association with single-family residential uses only

• (2) Raising and keeping of backyard chickens in association with multifamily residential uses in these zoning districts may be allowed subject to Minor Use Permit approval

3. Shelter requirement. A coop shall be provided that meets the following minimum standards:

• a. Be predator-proof from the sides, the top, and from below.

• b. Be located a minimum of 20 feet to the nearest abutting residence and five feet to any property line.

• c. Movable chicken coops are allowed in compliance with Table 3-3 for Residential Accessory Uses and Structures, and shall be considered temporary structures.

This Section establishes standards for the development and operation of Bed and Breakfast Inns (B&Bs). The intent of these provisions is to ensure that compatibility between the B&B and any adjoining residential zoning districts/uses is maintained and enhanced.

• A. Applicability. Bed and Breakfast Inns (B&Bs) are allowed in the RR, RL, DRL, RM, DRM, DRH, DMU, NMU, CN and CH zoning districts with Minor Use Permit approval in compliance with Chapter 18.76, and in the CG and DC zoning districts with Zoning Clearance approval in compliance with Chapter 18.72.

  1. Hosted Rental Exceptions. The renting of one designated bedroom within a single-family dwelling for the purpose of overnight or vacation lodging as a hosted rental is allowed as a permitted use, subject to compliance with Municipal Code Chapter 3.24 (Transient Occupancy Tax) and the following criteria:

  - f. A hosted rental requires the homeowner(s) to occupy the single-family dwelling as their principal place of residence (i.e., primary home); 
  
  - g. At least one homeowner shall live on-site in the main dwelling for the entirety of the visitor’s stay, which may be for a period of up to 30 consecutive days;
  

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• h. A maximum of one designated bedroom is allowed per single-family dwelling;

• i. A kitchen, cooking facility, wet bar, or sink outside of a permitted bathroom area shall be prohibited within the designated bedroom;

• j. The designated bedroom shall have internal, conditioned access to the main dwelling; and

• k. Guests shall be provided access to kitchen and sanitation facilities within the main dwelling.

• l. Prohibited Spaces. This hosted rental exception does not apply to accessory dwelling units, junior accessory dwelling units, detached living areas, or any portions thereof. Detached living areas may only be rented for a term of less than 31 days if allowed as part of a Bed and Breakfast Minor Use Permit.

• B. Exterior appearance. The exterior appearance of the structure housing the B&B in a residential zoning district shall not be altered from its original single-family character except for a sign as allowed by Subsection I, below, and those structural modifications necessary to comply with the requirements of Title 24 of the California Building Code of Regulations.

• C. Fire safety. The B&B shall meet the requirements of the Truckee Fire Protection District.

• D. Guest rooms. The availability of guest rooms is limited to a maximum of three rooms in the RR, RL and DRL zoning districts and five rooms in the other zoning districts. Guest rooms shall not contain food preparation facilities.

• E. Internal access. All access to guest rooms shall be from within the B&B inn or the guest room shall be located in an approved detached living area.

• F. Limitation on services provided. Service shall be limited to the rental of bedrooms or suites, and meal/beverage service shall be provided for registered guests only. Separate/additional kitchens for guests are not allowed. Receptions, private parties or similar activities, for which a fee is paid or which is allowable only as a condition of room rental, shall not be allowed.

• G. Off-street parking. Off-street parking shall be provided at a ratio of one space for each guest room plus two for the on-site owner/manager of the B&B. Parking shall be located, to the extent possible, out of the required front and side yard setbacks. Accessible parking spaces may be counted toward the required off-street parking.

• H. On-site management. The B&B shall be the primary residence of the B&B owner or manager, and the owner or manager shall reside onsite for the entirety of any visitor’s stay.

• I. Signs. On-site signs shall be in compliance with Chapter 18.54 (Signs). The design, location and lighting of the sign shall ensure compatibility with the architecture of the B&B and the surrounding neighborhood.

• J. Site requirements. The proposed site shall generally conform to the standards of the applicable zoning district.

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• K. Transient Occupancy Tax. B&Bs shall be subject to the Transient Occupancy Tax in compliance with Chapter 3.24 of the Municipal Code and shall maintain guest registers to ensure accurate occupancy records.

• A. Purpose. This Section establishes standards for the development and operation of Townsponsored bikeshare business(es) within all zoning districts with the exception of RS and RR zoning districts. This use is intended to be accessory to an approved primary use on a site or located within the Town owned right of way. The intent of this section is to provide an alternative transportation option to help reduce vehicle miles traveled and greenhouse gas emission while meeting the mobility needs of visitors and residents. Standards within this section seek to reduce bikeshare-related equipment conflicts with pedestrian, vehicle or emergency service use and ensure access to all streets, sidewalks, paths, driveways, doorways or any other avenue of pedestrian or vehicular travel.

• B. Application for Installation of Bikeshare Equipment. An application for the installation of racks to support a Town-sponsored bikeshare operation shall require the following:

  1. The installation of bikeshare equipment shall require approval of a Zoning Clearance in compliance with Chapter 18.72 in all zoning districts except for the RS and RR zoning districts where they shall be prohibited. Multiple bikeshare locations may be applied for under one Zoning Clearance application.

  2. Written evidence from the legal owner of each parcel where the Bikeshare equipment is to be located.

  3. The name, address and telephone number of a local point of contact for each location.

• C. Standards for Bikeshare Stalls The permanent outdoor installation of racks to support Townsponsored bikeshare bicycles shall comply with the following standards.

  1. Location: Bikeshare stalls shall not be located within any area of required improvements (e.g., parking, landscaping, drainage areas, or snow storage areas).

  - a. Bikeshare stalls and bicycles shall be located outside of pedestrian and vehicular travelways, including ADA-accessible pedestrian walkways or vehicle drive isles. 
  
  - b. Any installation of bikeshare equipment within the right-of-way shall require an encroachment permit from the Town. 
  

  2. Signs: Each stall shall be permitted one sign within three feet of the bikeshare stall not to exceed six feet in height and two square feet.

• D. Bicycle Maintenance and Storage Yard. Bicycle Maintenance and Storage Yards are permitted within the PF zoning district. Operators of a Bicycle Maintenance and Storage Yard shall be part of the Town-sponsored bikeshare program and shall be under an active contract with the Town.

  1. All maintenance and storage of bikeshare related equipment shall be located within a

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structure and outdoor storage is prohibited.

• E. Enforcement. Bicycles rented from a Town-sponsored bikeshare business shall be used in a lawful manner including but not limited to the following:

  1. All bicycles shall comply with the provisions of the California Vehicle Code, Sections 21223 and 21227.

2. The Town shall impound any bikeshare bicycle that is abandoned and not retrieved by the business within 12 hours. If the Town incurs any costs from the impounding of a bikeshare bicycle, the bikeshare business shall reimburse the Town for any costs as agreed upon in the Shared Mobility Device Permit and License between the Town and the proprietor of the Town-sponsored bikeshare program.

This Section establishes standards for the location, construction and operation of cannabis delivery services.

• A. Purpose and Intent. It is the purpose and intent of this Section to regulate adult use and medicinal cannabis delivery services in order to promote the health, safety, and general welfare of residents and businesses within the town. This Section only governs the establishment and operation of adult use and medicinal cannabis delivery services or “retailers” as defined below.

B. Definitions.

For the purpose of this Section, the following words and phrases shall mean:

• (a) “A-License or “Adult Use License” means a state license issued pursuant to California Business and Professions code Sections 26000 et. seq. for cannabis or cannabis products that are intended for adults who are 21 years of age or older who do not possess a valid physician’s recommendation.

• (b) “Adult Use Cannabis” or “adult use cannabis product” means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Medicinal and Adult Use Regulation and Safety Act, for adults 21 years of age or over and who do not possess a valid physician’s recommendation.

• (c) “Applicant” means an owner applying for a Town license pursuant to this Section.

• (d) “Bureau” means the Bureau of Cannabis Control within the California Department of Consumer Affairs.

• (e) “Community Development Director” means the Community Development Director or the authorized representative thereof.

• (f) “Town” means the Town of Truckee.

• (g) “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plan; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or

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cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this section, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the California Health and Safety Code.

• (h) “Cannabis accessories” means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing,, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body, as defined by Section 11018.2 of the California Health and Safety Code.

• (i) “Cannabis concentrate” means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate for the purposes of this division. A cannabis concentrate is not considered food, as defined by Section 109935 of the California Health and Safety Code or a drug, as defined by Section 109925 of the California Health and Safety Code.

• (j) “Cannabis Delivery Service License” means a Town of Truckee license issued under this Section for a medicinal and/or adult use cannabis retailer that is closed to the public and conducts sales exclusively by delivery.

• (k) “Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients, as defined by Section 11018.1 of the California Health and Safety Code.

• (l) “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products.

• (m) “Customer” means a natural person 18 year of age or older who possesses a physician’s recommendation, or a primary caregiver or a natural person 21 year of age or older.

• (n) “Day Care Center” means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers, as defined by Section 1596.76 of the California Health and Safety Code.

• (o) “Delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform owned and controlled by the retailer.

• (p) “Edible cannabis product” means cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the California Health and Safety Code, or a drug, as defined by Section 109925 of the California Health and Safety Code.

e or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the California Health and Safety Code, or a drug, as defined by Section 109925 of the California Health and Safety Code.

• (q) “Identification card” means a document issued by the State Department of Health that identifies a person authorized to engage in the medicinal use of cannabis and the person’s designated primary caregiver, if any, as defined by Section 11362.7 of the California Health and Safety Code.

• (r) “Labeling” means any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.

• (s) “License” means a Town license issued under this Section.

• (t) “Licensee” means any person holding a license under this Section.

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• (u) “MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, also known as Senate Bill 94.

• (v) “Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possessed a physician’s recommendation.

• (w) “M-License” or “Medicinal License means a state license issued pursuant to California Business and Professions Code Sections 26000 et. seq. for commercial cannabis activity involving medicinal cannabis or medicinal cannabis products.

• (x) “Owner” means any of the following, as defined in Section 26001 of the Business and Professions Code:

  • a. A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.

  • b. The chief executive officer of a nonprofit or other entity.

  • c. A member of the board of directors of a nonprofit.

  • d. An individual who will be participating in the direction, control, or management of the person applying for a license.

• (y) “Person” includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

• (z) “Physician’s recommendation” means a recommendation by a physician or surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.

• (aa) “Premises” means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.

• (bb) “Primary caregiver” has the same meaning as in Section 11362.7 of the Health and Safety Code.

• (cc) “Purchaser” means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.

• (dd) “Qualified patient” means a person who is entitled to the protections of Section 11362.5, but who does not have an identification card issued, as defined by Section 11362.7 of the Health and Safety Code.

• (ee) “Retailer” means any commercial activity that engages in retail sale and delivery of cannabis or cannabis products to customers. A retailer shall have a licensed premise which is a physical location from which commercial cannabis activities are conducted. A retailer’s premises shall be closed to the public. A retailer shall conduct sales exclusively by delivery, as defined in Section 26070 of the Business and Professions Code and amended by the Town of Truckee.

• (ff) “Sale”, “sell”, and “to sell” include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.

• (gg) “School” means any facility providing instruction to kindergarten or any grades 1 through 12, as defined by Section 26054 of the Business and Professions Code.

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• (hh) “Youth center” means any public or private facility that is primarily used to hose recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities, as defined in Section 11352.1 of the Health and Safety Code.

C. License Requirements

1. Any person seeking to sell and/or deliver adult use or medicinal cannabis from a premises located in the town of Truckee must first obtain and maintain a license in accordance with this Section prior to operating. However, adult use or medicinal cannabis delivery, originating from a retailer located outside of the town of Truckee, is not required to comply with the requirements of this Section.

Any person seeking to sell and/or deliver adult use or medicinal cannabis from a premises located in the town of Truckee must first obtain and maintain a license in accordance with this Section prior to operating. However, adult use or medicinal cannabis delivery, originating from a retailer located outside of the town of Truckee, is not required to comply with the requirements of this Section.

2. A Cannabis Delivery Service License is required for any retail activities for which MAUCRSA requires a State “M-Retailer” or “A-Retailer” license issued by the Bureau. The Cannabis Delivery Service License is more restrictive than a State “M-Retailer” or “A-Retailer” license because it requires the retailer’s premises to be closed to the public and requires the retailer to conduct sales exclusively by delivery.

3. The licensee shall comply with all applicable State laws. The licensee shall not engage in any commercial cannabis activity which would necessitate a license for a different cannabis activity other than for delivery services.

4. Eligibility criteria for cannabis delivery services shall be established through adoption of a Town Council resolution. The resolution will identify the criteria the Town will rely on in determining eligibility to obtain a license for cannabis delivery services.

D. Prohibited commercial cannabis activities.

1. With the exception of cannabis delivery service businesses, all other commercial cannabis activities are prohibited.

• E. Applicability. A cannabis delivery service business is allowable within the following zoning districts, with a Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits): M (Manufacturing), DM (Downtown Manufacturing), CG (General Commercial) and CS (Service Commercial). All cannabis delivery services are prohibited within the ground floor spaces of any building in the CG zoning district.

F. Site requirements.

1. Location.

• a. Separation requirements from sensitive uses. A cannabis delivery service business shall not be allowed within the specified distances to the following uses that are in existence at the time the license is issued. The distance specified in this Section shall be measured in the same manner as provided in subdivision (c) of Section 11362.768 of the Health and Safety Code, as may be amended from time to time. Specifically, the following distance requirements shall apply:

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     - (i) Within a 600-foot radius of a school, day care center, or youth center as required by Section 26054 of the Business and Professions Code. 

  - b. **Physical location.** The cannabis delivery service shall be located in a fixed structure, shall not be open to the public, and a retail storefront is prohibited. No delivery of cannabis shall occur within the structure or on the premises thereof. 

  - c. **Size Limitation.** All cannabis delivery service businesses are limited to 3,000 square feet of gross floor area.

2. Landscaping. Landscaping shall comply with Chapter 18.40 (Landscape Standards).

3. Lighting. The entire exterior ground, including the parking lot, shall be provided with lighting which is energy efficient, stationary and directed away from adjoining properties and public rights-of-way, in compliance with Section 18.30.060 (Exterior Lighting).

  - a. Security lighting is allowed provided all fixtures comply with Section 18.30.060 (Exterior Lighting). 

4. Signs. On-site signs shall comply with Chapter 18.54 (Signs).

5. Exterior Design Requirements. Any licensee operating a cannabis delivery service shall implement security measures reasonably designed to prevent unauthorized entrance into areas containing cannabis or cannabis products and theft of cannabis or cannabis products from the premises. The use of exterior security cameras is allowed; however, in no cases shall window security bars be installed on the exterior of any building façade.

  - a. All exterior building modifications shall comply with Chapter 18.24 (Design Guidelines). 

6. Interior design requirements. Any licensee operating a cannabis delivery service shall prohibit public access to the facility and reasonable security measures shall be in place to preclude public access to the interior of the facility.

• G. Review and action on applications. A Cannabis Delivery Service License shall only be issued following approval of a Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits) to establish the business.

  1. Term of license. Licenses issued under this Section shall be valid at the licensed premises in perpetuity from the date of issuance provided all of the following criteria are met:

  - a. The licensee is in compliance with all conditions of approval and/or mitigation measures associated with the Use Permit. 
  
  - b. The licensee is operating at the approved physical location and all operating criteria are in compliance with Section 18.58.075.H (Operational requirements). 
  
  - c. The licensee is operating with a valid State-issued “A-retailer” or “M-retailer” license.
  

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• d. The licensee complies with all applicable State laws.

If a licensee departs from the licensed physical location or premises, the license shall become null and void.

2. Monitoring. The Community Development Department shall conduct annual monitoring of each licensee to ensure the cannabis delivery service business is in compliance with all aspects of its license. Any licensees deemed not in compliance may be subject to license suspension, modification or revocation as provided in this Section.

• a. A licensee shall be responsible for paying an annual license monitoring deposit, as established by resolution of the Town Council from time to time. This deposit shall cover the full cost borne by the Town to administer the licensing program and all responsibilities established in this Section.

3. License suspension, modification and revocation. Any license issued under the terms of this Section may be suspended, modified, or revoked by the review authority for cause including but not limited to violation of any of the requirements or provisions of this Section or State law, or conflicts with State law.

• a. Except as otherwise provided in this Section, no license shall be suspended, modified, or revoked until written notice of the intent to consider revocation or suspension of the license has been served upon the person to whom the license was granted at least 30 days prior to the date set for such review. Such notice shall contain a brief statement of the ground to be relied upon for revoking or suspending such license. Notice may be given either by personal delivery to the person to be notified, or by depositing it in the U.S. mail in a sealed envelope, postage prepaid, return receipt requested, addressed to the person to be notified at his/her address as it appears in his/her application for a license.

• b. If any person or owner holding a license or acting under the authority of such license under this Section is convicted of a public offense in any court for the violation of any law which relates to his or her license, the Community Development Director may revoke such license forthwith without any further action thereof, other than giving notice of revocation to the licensee.

• c. If any licensee’s State license is suspended, or revoked, the Town license shall be deemed suspended for the same period of time as the State license, or revoked, as applicable, effective on the date of suspension or revocation of the State license. The Community Development Director shall notify the licensee of such suspension or revocation upon becoming aware of the suspension or revocation of the State license.

• d. The licensee shall provide notice to the Community Development Director of any suspension, revocation, or modification of the State license.

4. Appeal of review authority or Community Development Director decision. An applicant or interested party aggrieved by the review authority or Community Development Director’s decision to approve, suspend, modify, or revoke a license may

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appeal such decision to the review authority designated in Table 4-1 of Section 18.70.020 by filing a written appeal in accordance with the requirements of Chapter 18.140 (Appeals). If an appeal is not submitted within 10 days following the review authority or Community Development Director’s decision, the decision shall be final.

• a. Consideration of the appeal shall be processed in accordance with the requirements of Chapter 18.140 (Appeals).

5. Effect of revocation. Following revocation of any license by the review authority provided for in this Section and after the time for appeal to the appropriate review authority has elapsed, or if after appeal to the review authority, the decision of the original review authority has been affirmed, no new application for a license shall be accepted from the applicant and no such license shall be issued to such person in which the applicant shall have any beneficial interest for a period of three years after the action revoking the license.

6. Transfer of licenses. A licensee shall not operate under the authority of an adult use or medicinal cannabis delivery service or retailer’s license at any place other than the address stated in the application for the license.

• a. The license is nontransferable unless the transferee obtains an amendment to the license from the Community Development Director stating that the transferee is now the licensee. Such an amendment may only be obtained if the transferee files an application with the Community Development Department in accordance with all provisions of this Section accompanied by a transfer fee in an amount set by resolution of the Town Council, and the Community Development Director determines in accordance with this Section that the transferee would be entitled to the issuance of an original license.

• b. No license may be transferred when the Community Development Director has notified the licensee that the license has been or may be suspended or revoked.

• c. Any attempt to transfer a license either directly or indirectly in violation of this Section is void, and the license shall be deemed revoked.

7. Enforcement. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this Section. A violation of this Section shall be punishable in accordance with the Municipal Code.

• a. All remedies prescribed under this Section shall be cumulative and the use of one or more remedies by the Town shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.

• b. Any person that violates any provision of this Section shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly.

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• c. Any use or condition caused or permitted to exist in violation of any of the provisions of this Section shall be and is declared a public nuisance and may be summarily abated by the Town.

• d. The violation of any provision of this Section shall be and is declared to be contrary to the public interest and shall, at the discretion of the Community Development Director, create a cause of action for injunctive relief.

• e. In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this Section may be subject to administrative remedies as set forth by the Municipal Code.

H. Operational requirements.

1. On-site consumption and public access. All forms of on-site consumption are prohibited within a cannabis delivery service business and the general public shall be prohibited from accessing any portions of the facility and conducting any retail sales therein. This requirement does not apply to public access associated with operation of the facility, including employees associated with commercial deliveries, regulatory functions, testing labs, etc.

2. Sales of cannabis, cannabis accessories, and cannabis products. All retail sales of cannabis, cannabis accessories or cannabis products shall occur during a transaction for delivery of the cannabis or cannabis product to the customer, primary caregiver, purchaser or qualified patient.

• I. Severability. The provisions of this Section are declared to be severable. If any provision, clause, word, sentence, or paragraph of this Section or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Section.

This Section establishes standards for the Town review of child day care facilities, in compliance with State law, including the limitations on the Town's authority to regulate these facilities, in a manner that recognizes the need of in-home day cares to give children the home environment which is conducive to healthy and safe development while minimizing the effects on surrounding residents. (See California Health and Safety Code Section 1596.70 et seq.) These standards apply in addition to the other applicable provisions of this Development Code and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the California Department of Social Services is required for all child day care facilities prior to beginning operation.

• A. Standards for small and large family day care homes. The following standards shall apply:

  1. Permit requirements. Small and large family day care homes shall be permitted uses as part of a single-family dwelling, accessory dwelling unit, and multifamily dwelling units in all zoning districts that allow residential uses. A land use permit shall not be required to establish a small or large family day care home provided that the day care home complies with the requirements of this subsection and State laws regulating small

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and large family day care homes. A small family day care home may provide care for up to eight children; a large family day care home may provide care for up to 14 children.

2. Primary use as residence required. The small or large family day care home shall be the principle residence of the day care provider, and the use shall be clearly incidental and secondary to the use of the property as a residence.

3. Fire protection. The facility shall contain a fire extinguisher, smoke detector devices and carbon monoxide alarms. Large family home daycare facilities shall be inspected by the Truckee Fire Protection District, unless the responsibility is passed to the Town Building Division, to ensure compliance with regulations adopted by the State Fire Marshall.

4. Safety standards. Each facility shall be inspected by the Town Building Division for compliance with the Housing Code concerning standards applicable to residential uses in the zoning district.

5. Heath Standards. Each facility shall comply with all health and sanitation requirements for the residential use administered by the Nevada County Environmental Health Department.

6. Off-street parking.

  - a. Each facility shall have the number of parking spaces required for the main dwellings in compliance with Chapter 18.48 (Parking and Loading Standards). 

7. Signs. On-site signs shall be in compliance with Chapter 18.54 (Signs).

• B. Standards for child day care centers. The following standards shall apply to commercial child day care centers:

1. Permit requirements. Commercial child day care centers are allowed in the zoning districts as determined by Article II (Zoning Districts and Allowable Land Uses) and the standards in this section. A commercial child day care center includes all facilities which provide care for 13 or more children, including pre-school facilities. Child day care facilities which provide care for less than 13 children in non-residential zoning districts, and which do not meet the criteria for a small or large family day care home, are also considered a commercial child day care center. In residential zoning districts, commercial child day care centers are only allowed on a property in association with a primary residential use.

2. Fire protection. The facility shall contain a fire extinguisher, smoke detector devices and carbon monoxide alarms. Large family home daycare facilities shall be inspected by the Truckee Fire Protection District, unless the responsibility is passed to the Town Building Division, to ensure compliance with regulations adopted by the State Fire Marshall.

3. Safety standards. Each facility shall be inspected by the Town Building Division for compliance with the Housing Code concerning standards applicable to residential uses in the zoning district.

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4. Health standards. Each facility shall comply with all health and sanitation requirements for the residential use administered by the Nevada County Environmental Health Department.

5. Off-street parking. Each facility shall have the number of parking spaces required in compliance with Chapter 18.48 (Parking and Loading Standards).

6. Signs. On-site signs shall be in compliance with Chapter 18.54 (Signs).

7. Indoor play areas. The facility shall be provided with indoor play areas in compliance with State requirements. There shall be at least 35 square feet of indoor activity space per child based on the total licensed capacity.

8. Outdoor play areas. An outdoor play area shall be provided in the rear yard of the site, as follows:

• a. Minimum area. The play area shall have at least 75 square feet per child based on the total licensed capacity; and

• b. Fencing. A six-foot high solid decorative fence or wall shall be constructed around all outdoor play and activity areas, except in the front yard or within a traffic safety sight area. Fences or walls shall provide for safety with controlled points of entry in compliance with Section 18.30.070 (Fences, Walls and Hedges);

9. Pools/spas. Swimming pools/spas shall not be installed, due to high risk and human safety considerations. Additionally, an existing pool/spa shall not remain on the parcel, unless determined by the Director that adequate, secure separation exists between the pool/spa and the facilities used by the children in accordance with state day care licensing requirements.

• A. Purpose. This Section establishes location criteria and standards for the development of public assembly uses (including churches/places of worship), community centers, membership organizations and related accessory uses that provide for compatibility with adjoining land uses. (Related uses of the above including educational, day care and major recreational facilities that are allowed in the applicable zoning district as a permitted or conditional use shall be applied for at the same time of the initial application for the public assembly use, community center or membership organization, or a subsequent land use permit will be required to establish the use.)

• B. Location criteria. New facilities shall be located either:

  1. Located within or contiguous with zoning districts allowing multifamily, commercial, manufacturing or public land uses; or

  2. With frontage on a road designated by the Town as a collector road, or higher functional standard road.

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C. Access.

1. Direct access to a collector road is not required, but all access shall have a minimum 24foot wide paved roadway. If the proposed use does not have access to a Town-maintained road, the applicant shall join, form or demonstrate that they are part of a private road maintenance agreement. If the private road is maintained by a homeowners association, participation in a Road Maintenance Association shall be included as part of the application and a Letter of Acknowledgment from the Association shall accompany the application. If a new road maintenance agreement is required, the Town Engineer shall review the submitted agreement.

2. As an alternative to entering into a road maintenance agreement, the applicant may decide to be solely responsible for the maintenance of the private road. This decision by the applicant shall be deemed a condition of the use of the property and shall be documented by a written declaration of that decision, which shall be recorded in the County Recorder's Office.

• D. Setbacks. A minimum setback of 25 feet is required from any residentially zoned parcel or any parcel with a residential use as its main use. At least 15 feet of the setback shall be landscaped with the intent of screening all structures and paved areas.

• E. Site coverage. All new facilities shall meet the lot coverage standards determined by Table 3- 15.

TABLE 3-15 MAXIMUM SITE COVERAGE

• A. Purpose. The following standards are established to ensure that the discretionary review of new electrical facilities would result in the approval of facilities that are compatible with surrounding structures and land use activities, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits).

• B. Applicability. The standards shall apply to the following types of electrical facilities in compliance with State law (Government Code Sections 53091 and 53096 and Public Resources Code Section 12808.5).

  1. Electrical distribution lines of 100,000 volts or greater;

  2. Electrical substations within an electrical transmission system which receives electricity at 100,000 volts or greater; and

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3. The production or generation of electrical energy.

• C. Standards. All applicable electrical facilities shall comply with the following standards:

  1. All electrical facilities which produce or generate electrical energy shall be properly screened from public view. The extent and method (e.g., design, materials, etc.) of screening shall be subject to the approval of the Director;

  2. All Use Permits for electrical facilities shall be appropriately conditioned to ensure that the:

     • a. Facility would be located, designed, operated and continually maintained in a manner which further ensures that the facility will always remain compatible with, and will not cause any negative impacts upon, surrounding structures and land use activities;

     • b. Facility would be reviewed at the end of the first full year of operation, and at least every five years thereafter, to ensure on going compliance with all conditions, rules and regulations governing the operation of the facility;

     • c. Owner/operator of the facility clearly displays all of the conditions, rules and regulations governing the operation of the facility and conducts routine classes for all employees to review the expected levels of employee conduct to further ensure full compliance with the conditions, rules and regulations;

  3. The owner/operator shall take all necessary steps to provide for the following on-going safety/security measures at electrical substations and facilities that produce or generate electrical energy:

     • a. The owner/operator shall prevent the unauthorized entry of persons or animals by providing surveillance to control entry onto the facility; and

     • b. Perimeter fencing shall be constructed of a material and at a height specified by the Director.

  4. The owner/operator shall cooperate with the Town in complying with all of the following on-going monitoring measures:

     • a. The Town shall be authorized to enforce all conditions, rules and regulations related to the facility, including entry onto the subject property to ensure compliance; and

• b The owner/operator shall immediately distribute copies of all compliance reports as to facility operations and copies of all inspection reports made by other local, Regional, State or Federal agencies to the Director.

  5. The following additional conditions should be imposed by the Commission:

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• a. Before issuance of a Certificate of Occupancy, the owner/operator shall document that all financial responsibility requirements imposed by State or Federal agencies have been met;

• b. The owner/operator shall indemnify, defend and render the Town harmless against all claims, actions or liabilities relating to permit approval, and the subsequent development/operation of the electrical facility;

• c. The owner/operator shall prepare and submit an emergency response plan and annual preparedness report to the Director. The plan/report shall be initialed by each person at the facility who has emergency response assignments; and

• d. The Town may employ any and all methods allowed by law to enforce the provisions of this Section and related requirements of the Municipal Code.

• D. Additional findings. The following finding shall be made in addition to those findings identified in Section 18.76.030 (Findings and Decision) before granting the approval of a Use Permit for the proposed electrical facility:

The electrical facility shall be located, designed, operated and continually maintained in a manner which ensures that the facility will always remain compatible with, and will not cause any negative impacts upon, surrounding structures and land use activities, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits).

This Section establishes standards for the development and operation of home occupations that are secondary to, and compatible with, surrounding residential uses. A home occupation is an accessory commercial activity or business service use customarily conducted within a dwelling, by its residents, in a manner clearly incidental to the residential character of the site and surrounding neighborhood.

• A. Exempt activities. Home occupations conducted solely by residents of a housing unit that are limited to the use of a desk, telephone, personal computer and computer accessories, or other similar home office equipment, and do not generate pedestrian or vehicular customer or delivery trips shall be exempt from the requirements for a Home Occupation Permit, but shall comply with the standards of this section and all applicable provisions of this Development Code. Examples of exempt activities include, but are not limited, to the following:

  1. Masseuse who gives in-home massages only at a client’s home;

  2. Accountant who meets clients at their place of business but works on the books at home; or

  3. Website designer or drafter working from a home computer.

• B. Home occupation permit requirement. A Home Occupation Permit shall be obtained and posted in compliance with this Section for home occupations, which are allowed as accessory uses in all residential zoning districts. A statement of compliance with the operating standards identified in Subsection C, below, shall be signed before issuance of the Home Occupation

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Permit. Examples of home occupations that require permits include, but are not limited to, the following:

1. Personal trainer, real estate professional, therapist, lawyer, notary, florist, etc., with no more than two clients or deliveries on any day;

2. Cottage food operations, as defined in Section 113758 et seq. of the Health and Safety Code and as allowed by California State Assembly Bill 1616, with up to one full-time equivalent employee or volunteer.

3. Microenterprise home kitchen operations, as defined in Section 114367 et. seq. of the Health and Safety Code and as allowed by California State Assembly Bill 626, with up to one full-time equivalent employee or volunteer.

• C. Home occupation operating standards. Home occupations shall comply with the following operating standards:

  1. The home occupation shall be clearly secondary to the full-time use of the structure as a dwelling;

  2. A use employing no more than one person at one time who lives off-site and works at the dwelling, or no more than two of the permanent residents;

  3. The use shall not require any modification not customarily found in a dwelling, nor shall the home occupation activity be visible from the adjoining public rights-of-way or from neighboring parcels;

  4. The home occupation shall comply with all applicable provisions of the Town Building Code and the Nevada County Environmental Health Department;

5. The use shall not display window or advertising sign(s), merchandise or stock in trade, or other identification of the home occupation on the premises unless otherwise required by State law (one name plate not exceeding one square foot in area may be allowed by the Director;

   6. The home occupation shall be confined to not more than 25 percent of the floor area of the residence nor more than 400 square feet of floor area, whichever is greater;

   7. Storage shall not occur out-of-doors or constrict required parking.

   8. The residence shall have and maintain at least two on-site parking spaces in compliance with Section 18.48.040 Table 3-9 and Section 18.48.070.D. Additional parking generated by the home occupation shall be provided on-site in addition to the requirements for the residential use;

   9. The parking of company-owned vehicles in residential zones shall comply with Section 18.48.030.D;

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10. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of pesticides or explosive, flammable or hazardous materials;

11. The home occupation shall not create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration or other hazards or nuisances; and

12. The home occupation shall not generate vehicular customer or delivery greater than two trips per day beyond that normally associated with a residential property. A trip for the purposes of this section shall be defined as one entry trip and one exit trip from the parcel.

• D. Home occupations requiring Minor Use Permit approval. The following are activities that may be allowed with Minor Use Permit approval, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits), and compliance with the following standards:

  1. The home occupation shall be clearly secondary to the full-time use of the structure as a dwelling;

  2. A use employing two people living off-site and working at the dwelling at any one time, or more than two of the permanent residents;

  3. The use shall not require any modification not customarily found in a dwelling, nor shall the home occupation activity be visible from the adjoining public rights-of-way or from neighboring parcels;

  4. The home occupation shall comply with all applicable provisions of the Town Building Code and the Nevada County Environmental Health Department;

  5. The use shall not display window or advertising sign(s), merchandise or stock in trade, or other identification of the home occupation on the premises unless otherwise required by State law (one name plate not exceeding one square foot in area may be allowed by the Director;

6. A use exceeding 400 square feet or 25 percent of the floor area of the main dwelling, whichever is greater. In no case shall the use, including storage areas and accessory structures, exceed either 1,000 square feet or 40 percent of the floor area of the main dwelling, whichever is less;

   7. Storage shall not occur out-of-doors or constrict required parking;

   8. The residence shall have and maintain at least two on-site parking spaces in compliance with Section 18.48.040 Table 3-9 and Section 18.48.070.D. Additional parking generated by the home occupation shall be provided on-site in addition to the requirements for the residential use;

   9. The parking of company-owned vehicles in residential zones shall comply with Section 18.48.030.D;

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10. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of pesticides or explosive, flammable or hazardous materials;

11. The home occupation shall not create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration or other hazards or nuisances;

12. A use which generates vehicular customer or delivery traffic exceeding more than two trips per day beyond that normally associated with a residential property. In no case shall vehicular customer and delivery traffic exceed more than 10 trips each day;

13. A use which involves one or more of the following:

• a. Commercial kitchen facility or catering business, other than a registered cottage food operation or microenterprise home kitchen operation described in Section A above;

• b. Hand woodworking or machine work;

• c. Home visits for three or more clients, patients or pupils at a time, such as a barber shop, beauty salon, music teacher or educational tutor;

• d. Pet grooming or pet day care;

• e. A business such as construction, landscaping, housecleaning, etc. where more than one employee reports to the residence per day before and/or after visiting clients;

• f. Any body art facility, as defined by Section 119300 et seq. of the Health and Safety Code and as allowed by California State Assembly Bill 300, with no minimum size or number of employees or clients;

• g. Any other use or occupation which the Director determines is similar in nature to the previously listed uses; and

14. A Minor Use Permit for a home occupation shall be valid until the sale of the property to a new owner, at which point the approval shall be revoked by the Town unless the new owner applies for a Project Amendment to transfer the approval to the new owner. As part of the Project Amendment application, the home occupation use shall be reviewed for compliance with current Development Code standards (including zoning district regulations and development standards), and the new owner shall agree to comply with all required conditions of approval.

• A. Purpose. This Section establishes standards for the development and operation of live/work and work/live units, and for the reuse of existing commercial and industrial structures to accommodate these units. Live/work and work/live units are intended to be occupied by business operators who wish to live in the same structure that contains the commercial activity or industry. A live/work unit is intended to function predominantly as living space with incidental accommodations for work-related activities that are beyond the scope of a home

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occupation. A work/live unit is intended to function predominantly as work space with incidental residential accommodations that meet the basic habitability requirements.

• B. Development standards. The following development standards shall apply:

  1. Separation and Access. Each live/work and work/live unit shall be separated from other units and other uses in the structure. Access to the live/work or work/live unit shall be provided only from common access areas, corridors, or halls. The live/work or work/live unit shall have an access clearly separate from other live/work quarters or other uses within the structure.

  2. Facilities to accommodate commercial or industrial activities . A live/work or work/live unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.

  3. Integration of living and working space. Areas within a live/work or work/live unit that are designated as living space shall be an integral part of the live/work or work/live unit and not separated (or occupied and/or rented separately) from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this Section, and living and working space may be separated by interior courtyards or similar private space.

  4. Mixed occupancy buildings . If a building contains mixed occupancies of live/work or work/live units and other nonresidential uses, occupancies other than live/work or work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work or work/live units and other occupancies, as determined by the Chief Building Official.

  5. Identification. Access to the live/work quarters shall be clearly identified in order to provide for emergency services;

  6. Maximum residential area. No more than 60 percent of the gross floor area of a live/work or 40 percent of the gross floor area of a work/live unit shall be used or arranged for residential purposes (e.g., bathroom, closet, kitchen and sleeping area);

7. Minimum floor area. The minimum gross floor area of a live/work unit shall be 500 square feet. The minimum gross floor area of a work/live unit shall be 750 square feet;

8. Limitation on occupancy. Live/work or work/live units shall be occupied and used only by a business operator, or a family of which at least one member shall be the business operator;

9. Sale or rental of portions of unit. No portion of a live/work or work/live unit may be separately rented or sold as a commercial space for any person not living in the premises or as a residential space for any person not working in the same unit.

10. Notice to occupants. The owner or developer of any building containing work/live units shall provide written notice to all occupants and users that the surrounding area may be

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subject to levels of noise, dust, fumes or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone. These regulations shall not pre-empt State and/or Federal health regulations.

11. Non-resident employees. Up to two persons who do not reside in the live/work or work/live unit may work in the unit unless this employment is prohibited or limited by the review authority. The employment of three or more persons who do not reside in the live/work or work/live unit may be permitted subject to Use Permit approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity. The employment of any persons who do not reside in the live/work or work/live unit shall comply with all applicable Building Code requirements.

12. Client and customer visits. Client and customer visits to live/work or work/live units are permitted subject to any applicable conditions of the review authority to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially zoned areas or uses.

13. Changes in use. Conversion of a live/work or work/live unit to an entirely residential use shall only be approved by the review authority through a new land use permit application or modification of a land use permit, processed in compliance with this Development Code. The review authority shall find that the exclusively residential use will not impair the ability of non-residential uses on and adjacent to the site to continue operating because of potential health or safety concerns or nuisance complaints raised by the exclusively residential use and/or its occupants.

14. Parking. The addition or construction of live/work or work/live units shall be exempt from any additional requirements identified in Chapter 18.48 (Parking and Loading Standards), providing parking is provided for the primary land use in compliance with Table 3-8.

• C . Limitations on Use. The non-residential gross floor area of a live/work or work/live project shall not be established or used in conjunction with the following activities:

  • 1 . Prohibited uses. A live/work or work/live unit shall not be established or used in conjunction with any of the following activities:

    • a. Adult businesses;

    • b. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.;

  2. Live/work unit. A live/work unit shall not be established or used in conjunction with any of the following activities:

  - a. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use; 
  
  - b. Welding, machining or any open flame work; and
  

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  - c. Any other uses, as determined by the Director not to be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products or wastes. 

• D. Density. Live/work and work/live units shall comply with the maximum density requirements of the applicable zoning district.

• E. Required findings. The approval of a live/work or work/live unit shall require that the review authority first make all of the following findings:

  1. The proposed use of each live/work or work/live unit is a bona fide commercial industrial activity consistent with Subsection C (Limitations on use);

  2. The establishment of live/work or work/live units will not conflict with nor inhibit industrial or commercial uses in the area where the project is proposed;

  3. The building containing live/work or work/live units and each live/work or work/live unit within the building has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations; and

  4. Any changes proposed to the exterior appearance of the building will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses. If there is adjacent residentially zoned land, the proposed changes to the building will make the commercial or industrial building being converted more compatible with the adjacent residential area.

• A. Purpose. This Section establishes standards for the development and operation of makerspaces.

• B. Allowed uses. Where allowed by Article II (Zoning Districts and Allowable Land Uses), the following makerspace uses shall be allowed:

  1. Craft makerspace. Involves uses such as arts and technology that do not have significant impacts on adjacent uses in terms of noise, odors, etc.

  2. Manufacturing makerspace. Involve uses which may have greater potential impacts on adjacent properties in terms of noise, odors, etc. These uses may include, but are not limited to, the following: metal fabrication and welding, paper products, glass products, furniture and fixtures, stone and clay products, and textile and leather products.

• C. Accessory Uses. A makerspace may be allowed as an accessory use to a retail business in compliance with Section 18.58.030 (Accessory Retail Uses) and as follows:

  1. The accessory use may occupy a maximum 25 percent of the floor area of the primary retail use, in compliance with Section 18.58.030; or

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2. The accessory use may share space with a primary retail use (for example, a store that is open for retail sales during the day and use in off-peak hours as a makerspace); in such cases, the accessory use shall be limited to operating no more than 25 percent of the retail operating hours (e.g., if the retail store is open eight hours per day, the accessory makerspace may operate no more than two hours).

3. If a makerspace is approved as an accessory use to a primary retail business, the makerspace may be allowed on the ground floor of Commercial Row; otherwise, makerspaces on the ground floor of Commercial Row shall be prohibited.

• D. Development Standards. In approving a land use permit application for a makerspace, the Director may impose conditions deemed reasonable and necessary to ensure that the approval will be in compliance with this Chapter and the findings required by Section 72.030 (Review and Decision) and Section 18.76.030 (Findings and Decision). The conditions may address any pertinent factors affecting the operation of the use, and may include the following:

  1. Hours of operation. Regulation of operating hours and days;

  2. Nuisance mitigation. Regulation of nuisance factors including dirt, dust, gases, heat, noise, odors, smoke, waste and vibration;

  3. Parking. Provision for adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress, and public transportation, if applicable, in compliance with Chapter 18.48 (Parking and Loading Standards), except as follows:

     • a. A craft makerspace shall be subject to the parking requirement for office uses.

     • b. A manufacturing makerspace shall be subject to the parking requirements for general manufacturing uses.

     • c. Any makerspace with a retail component shall be subject to the parking requirements for retail uses.

• Signs. Regulation of signs, in compliance with Chapter 18.54 (Signs);

5. Outdoor Uses . Regulation of outdoor uses in compliance with Section 18.58.190 (Outdoor Uses) and 18.58.200 (Outdoor Storage and Work Areas); and

6. Other conditions. Other conditions that will ensure the operation of the proposed use in an orderly and efficient manner and in full compliance with the purpose/intent of this Section.

• A. Applicability. This Section applies to mixed-use projects in the CN, CMU, NMU, DMU, M and DM zoning districts where less than two-thirds of the total gross floor area for the project is designated for residential uses and any multifamily residential development project with nonresidential square footage that is voluntarily declining review under the Objective Design Standards (Chapter 18.25) Streamlined Residential Review (Chapter 18.79) and are requesting Flexible Design Review (Section 18.25.030.B).. Projects that have two-thirds or more of the

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total gross floor area designated for residential uses are considered multifamily residential projects and are eligible for review under the Objective Design Standards (Chapter 18.25 and Streamlined Residential Review (Chapter 18.79) and are not subject to this chapter unless Streamlined Residential Review is voluntarily waived.

• B. Purpose. The intent is to allow a mixture of commercial and manufacturing/industrial uses with residential uses to increase the area’s population and pedestrian activity, and to reduce air pollution, energy consumption and transportation costs. The provisions of this Section allow greater flexibility in design and encourage innovative and creative site planning by providing incentives to combine commercial and residential land uses on the same site.

• C. Allowed land uses. The uses which may be approved in a mixed-use project shall be those allowed in the applicable zoning districts in compliance with the provisions of Section 18.12.030 (Commercial and Manufacturing District Land Uses and Permit Requirements) and Section 18.14.030 (Mixed Use District Land Uses and Permit Requirements). In addition, uses not specifically permitted in the applicable zoning district (e.g., office use in a manufacturing zoning district) may be approved in a mixed-use project as an accessory use. The floor area for uses not specifically permitted in the applicable zoning district shall not exceed 25 percent of the floor area of the non-residential uses within each tenant space of the mixed-use project, and the review authority shall find that the uses are compatible with the other uses in the mixed-use project and the surrounding area. Live/work and work/live units as defined in Section 18.58.130 shall require Minor Use Permit approval, and the “work” portion of each unit shall count toward the maximum allowable floor area ratio of the project.

• D. Development standards. The following standards shall apply to eligible mixed-use projects:

  1. Residential Density. Residential density shall comply with the minimum and maximum density for the applicable zoning district;

  2. Floor Area. Residential floor space in a mixed-use project shall count towards the allowed floor area as determined by the floor area criteria development standard.

3. Mixed Use Component.

• a. Projects in the CMU and NMU zoning districts are required to provide a mixed-use component in compliance with Section 18.14.050 (Mixed Use Component).

  • b. Nonresidential uses shall be the primary components of a mixed-use project in the M zoning district. Residential floor area shall not exceed 50 percent of the total floor area of the mixed-use project. For example, a project with 5,000 square feet of industrial warehouse space may have up to 5,000 square feet of residential floor area.

5. Inclusionary housing . Residential units in a mixed-use development project shall comply with Chapter 18.214 (Inclusionary Housing) and Chapter 18.216 (Workforce Housing).

6. Amenities. Projects with residential units, including projects where less than two-thirds of the gross floor area of the development is designated for residential use, shall be subject to the applicable requirements of Sections 18.25.050.D (Open Space and

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Common Outdoor Areas, 18.25.090.B (Balconies, decks, and patios), and 18.25.090.C (Amenities).

6. Design. Mixed-use developments shall have commercial spaces on the ground floor on the front of the building and residential uses and other nonresidential uses located above or behind the commercial uses.

7. Phasing. The project may be developed as one or more multi-use or single purpose structures. If the project is developed in phases, a proportionate amount of residential units shall be constructed in each phase.

• A. Purpose. This Section establishes standards for the location, development and operation of mobile homes in planned, integrated mobile home parks or subdivisions, and to protect the health, safety and welfare of the community and those living within the park or subdivision.

  1. These standards are intended to produce a development with appropriate standards of light and air, open space, pedestrian and vehicular circulation, and a density which is similar to those required by the residential zoning district in which the development is be located.

  2. For purposes of this Section, the use of the term “mobile home park” shall mean and refer to both a mobile home park and a mobile home subdivision.

• B. Applicability. New mobile home parks shall conform to the minimum standards of this Section. The Commission may impose other, more restrictive requirements in the interest of public health, safety and welfare.

• C. Design and development standards.

  1. Minimum area and density. Proposed mobile home parks shall comply with the following requirements:

  - a. Minimum site area for park:  Five acres. 
  
  - b. Minimum lot area:  3,500 square feet for parcels in a mobile home subdivision. 
  
  - c. Maximum density:  Eight spaces per acre. 
  
  - d. Minimum space dimensions. Individual spaces for mobile homes within mobile home parks shall be a minimum of 35 feet wide for single-wide coaches and 45 feet for double-wide coaches. 
  
  - e. Units per space. Only one mobile home shall be allowed to occupy each space. Occupied travel trailers, campers or similar vehicles shall not be allowed on an approved mobile home space.
  

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2. Setbacks. Minimum setbacks for individual sites within the park shall be five feet on all sides, including front and rear, except for any side or rear abutting the project property line, in which case the minimum setback shall be 24 feet.

3. Site coverage. The maximum coverage allowed in the mobile home park shall comply with the requirements of the applicable zoning district.

4. Parking. On-site parking improvements shall comply with Chapter 18.48 (Parking and Loading Standards) and the following:

• a. Occupant spaces: Two paved spaces for each mobile home space;

• b. Visitor parking: At least one paved parking space shall be provided for each four mobile home spaces for visitor parking within the park. The spaces shall be dispersed in a logical manner throughout the park;

• c. Parking adjacent to roadway. When vehicle parking is allowed within the park’s roadways, the width of the parking areas shall be in addition to the required width of the roadway so as not to restrict traffic movement.

5. Street improvements. Improvements to a public street, may be required along the frontage of the project. Off-site improvements may be required to provide a safe and adequate access, as determined by the Commission.

6. Recreational vehicles. As an accessory use in a mobile home park, an area composed of not more than 25 percent of the area of the mobile home park may be allowed for recreational vehicles, subject to the following requirements:

• a. The maximum length of stay allowed in the facility shall be specified by the Use Permit; and

• b. The designated storage spaces shall not be subject to all of the provisions of this Section, but shall be adequately delineated on the subject site plan.

7. Access. Park access shall be designed and constructed as follows:

• a. Access to the park shall be by means of an improved public street;

• b. Each mobile home site shall have direct access to a public or private roadway;

• c. An all-weather walkway shall be provided on each mobile home site extending from the roadway to the mobile home entrance; and

• d. Improvement standards, including provision for access by public transportation, shall be specified in the Use Permit.

8. Internal roadway standards. The roadways within a mobile home park shall provide adequate vehicular circulation for the development and for the area in which it is located, including adequate width, radii and access for emergency vehicles.

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• a. Width. Roadways designed for two-way traffic shall not be less than 24 feet in width, except that the Town Engineer may authorize a width of 20 feet where the Town Engineer determines low traffic volumes will not require more width; and

• b. Structural section. The developer shall comply with the requirements of the Town Engineer regarding base and paving, and furnish soil tests and related criteria as required by the Town Engineer.

9. Sewer facilities. Each space within a mobile home park shall be provided a hookup to a public sewer.

10. Signs. A sign plan shall be prepared for each mobile home park. The plan may include both freestanding and structure signs. The sign plan shall be in compliance with Chapter 18.54 (Signs).

11. Open space. Twenty percent of the total park area shall be devoted to open space and open space uses.

12. Landscaping.

• a. Landscape and irrigation plan. The mobile home park shall have a landscape and irrigation plan for open space areas, in compliance with Chapter 18.40 (Landscape Standards), which shall be a condition of the approved Use Permit. The purpose(s) of the landscaping is aesthetic enhancements, land use buffers and/or visual barriers.

• b. Maintenance. Continuous maintenance shall be guaranteed by the mobile home park owner for those areas of the landscape plan which are approved (including repair or replacement when required) in compliance with Chapter 18.40 (Landscaping Standards).

• c. Landscape buffer. A minimum 24-foot wide buffer strip along the streets adjoining the park shall be landscaped and permanently maintained.

13. Commercial uses allowed. A mobile home park may contain commercial uses which are primarily for the convenience of the residents of the park, which may include coinoperated machines for cigarettes, laundry, soft drinks and similar uses, on the condition that the uses shall be located in the interior of the park and shall not occupy more than 500 square feet of area for each 50 mobile homes within the park.

14. Space addresses. All mobile home spaces shall be numbered with the numbers visible on each space and viewable from the roadway serving the space.

• A. Limitation on use. A mobile home, tiny home, trailer or recreational vehicle may be used as a temporary residence of the property owner when the property owner is the builder and a valid Building Permit for a new single-family dwelling is in force, or as a temporary residence for a caretaker of a multifamily residential project containing 10 or more units when a valid Building Permit for the multifamily residential project is in force.

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• B. Time limits. The permit may be approved by the Director, subject to approval by the Nevada County Health Department, for up to one year, or upon expiration of the Building Permit, whichever first occurs.

A manufactured home, mobile home, or tiny home shall be allowed as a dwelling on those parcels where single-family dwellings are permitted in compliance with the requirements of the applicable zoning district and the following standards:

• A. Permanent foundation. A mobile home or tiny home shall be placed on a permanent foundation system and shall be subject to the same provisions, regulations and restrictions as a conventionally constructed single-family residence;

• C. Alterations. If the manufactured home, mobile home, or tiny home has been altered at any time since original construction, evidence of alteration permits from HCD or HUD shall be presented to the Building Division when applying for a Building Permit for the manufactured home, mobile home or tiny home;

• C. Mobile Home, Manufactured Home, or Tiny Home Installation Permit required. Before location and occupancy of the manufactured home, mobile home, or tiny home on a permanent foundation within a mobile home park or RV park, a Mobile Home Installation Permit shall be received from the Building Division and a permit for water supply and sewage disposal shall be received from the Nevada County Health Department or a special district, as applicable. The manufactured home, mobile home, or tiny home shall comply with the California Building Code including snow load requirements. Mobile homes or tiny homes constructed before June 16, 1976, shall not be allowed;

• D. License relinquishment. Before the issuance of an Installation Permit for a manufactured home, mobile home, or tiny home to be placed on a permanent foundation within a mobile home park or RV park, the Building Division shall receive evidence of vehicle license relinquishment for the unit, at which time the unit will be subject to real property tax rather than annual State vehicle licensing fees; and

• E. Mobile Home, Manufactured Home, or Tiny Home without a permanent foundation. A manufactured home, mobile home, or tiny home not installed on and secured to an approved permanent foundation may only be located within a mobile home park in compliance with Section 18.58.150 (Mobile Home Parks and Subdivisions), above.

This Section provides development and operational standards for outdoor uses, including permanent outdoor display and sales (Subsection A, below), outdoor dining and seating areas (Subsection B, below), and outdoor garden supply areas (Subsection C, below).

• A. Permanent outdoor displays and sales. The permanent outdoor sale and display of merchandise shall comply with the following standards.

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1. Small displays. Notwithstanding the permit requirements of Article II, small outdoor sales and display areas (e.g., mannequins, sidewalk displays, etc.), which are accessory to a permitted commercial use on the property and comply with the following standards shall be exempt from permit requirements:

• a. The display and/or sales area:

  • (1) May only be located near the main business’s entrance(s);

  • (2) Shall not exceed a total of 12 square feet;

  • (3) Shall be oriented towards pedestrian traffic; and

  • (4) Shall be located on private property, shall not interfere with pedestrian or vehicular access, shall not impede traffic visibility, and shall not be located within parking spaces. A minimum access width of four feet shall be maintained along all sidewalks and building entrances accessible to the public, unless the Town Engineer requires additional minimum access width for high-use pedestrian areas.

• b. The products may only be displayed during regular business hours of the main business; they shall be brought in, each day, after closing.

2. Medium displays. Notwithstanding the permit requirements of Article II, medium outdoor sales and display areas (greater than 12 square feet in size), which are accessory to a permitted commercial use on the property, may be allowed subject to the approval of a Zoning Clearance in compliance with Chapter 18.72 (Zoning Clearance) and compliance with the following standards:

• a. The display and/or sales area:

  • (1) May only be located near the main business’s entrance(s);

  • (2) Shall not exceed 100 square feet;

  • (3) Shall be oriented toward pedestrian traffic; and

  • (4) Shall be located on private property, shall not impede traffic visibility, and shall not interfere with pedestrian or vehicular access, including ADAaccessible pedestrian walkways and required parking spaces. A minimum access width of four feet shall be maintained along all sidewalks and building entrances accessible to the public, unless the Town Engineer requires additional minimum access width for high-use pedestrian areas.

• a. The products may only be displayed during regular business hours of the main business; they shall be brought in, each day, after closing.

• b. No tents, canopies or other similar overhangs shall be permitted as part the outdoor sales and display area.

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3. Large displays. Large outdoor sales and displays of merchandise, accessory to a permitted commercial use on a property, may be permitted subject to the requirements of Article II and the following standards:

  - **a. Location of sales areas.** Outdoor sales and display areas shall be located entirely on private property and shall not encroach into required setback areas. In zoning districts where no setback area is required, the outdoor sales area shall be set back a minimum of 10 feet from adjoining property line(s). The review authority may modify or waive the setback requirements if the review authority finds it is reasonable and necessary to modify or waive the requirements based on the nature and intensity of the outdoor activity; 

  - **b. Location of merchandise.** Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation and does not encroach upon driveways, landscaped areas, required parking spaces, or ADA-accessible pedestrian walkways. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for pedestrian or vehicular traffic; 

  - **c. Size of sales and display area.** The size of the outdoor sales and display area shall be limited to a maximum of 25 percent of the gross floor area of the retail business. 

  - **d. Height of displayed materials.** The outdoor display of merchandise shall not exceed a height of seven feet above finish grade. The review authority may allow heights greater than seven feet if the review authority finds it is reasonable and necessary to increase the height requirement based on the nature and intensity of the outdoor activity; 

  - **e. Relationship to main use.** The outdoor sales and display area shall be directly related to a business occupying a permanent structure on the subject parcel; 

  - **f. Screening required.** 

     - (1) Outdoor sales and display areas shall be screened from adjoining public rights-of-way by decorative walls, fences and/or landscaping in compliance with Section 18.30.110 (Screening). 

     - (2) Screening shall be provided to a height of one foot above the approved height of the items, materials, or merchandise being displayed. 

     - (3) The review authority may modify or waive the screening requirements if the review authority finds it is reasonable and necessary to modify or waive the requirements based on the nature and intensity of the outdoor activity. 

  - **g. Signs.** Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area(s). 

• B. Outdoor dining and seating areas. Outdoor dining and seating areas shall comply with the following standards:

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2. Seating. The number of seats provided outdoors shall not exceed the number provided indoors. The Community Development Director may waive this requirement for restaurants that primarily provide outdoor seating or for outdoor restaurants that do not provide any indoor seating.

3. Alcoholic beverage sales. Areas in which alcoholic beverages will be served shall comply with the standards established by the State Department of Alcoholic Beverage Control and the following standards:

• a. The dining area shall be accessible from inside the restaurant only, unless the review authority waives this requirement in circumstances where this is not feasible or practical;

• b. The dining area shall be clearly and physically defined. It shall be clearly a part of the restaurant it serves; and

• c. The dining area shall be supervised by a restaurant employee to ensure conformance with laws regarding on-site consumption of alcoholic beverages.

3. Parking requirements. Outdoor dining and seating areas shall comply with the following off-street parking requirements

• a. Off-street parking requirements shall be calculated in compliance with Chapter 18.48 (Parking and Loading Standards). The Director may reduce or waive parking requirements for outdoor dining areas that are less than 600 square feet in area and less than 50 percent of the indoor dining area; and

• b. Outdoor dining areas that are not part of a specific restaurant, but are used in common with several restaurants or tenants within a commercial center, shall not be required to provide additional off-street parking for these common outdoor areas.

4. Clean-up facilities. Outdoor dining areas, whether part of a restaurant or seating in common, shall provide adequate clean-up facilities and associated procedures in the following manner:

• a. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items which constitute a nuisance to public health and safety; and

• b. Outdoor dining areas shall contain waste receptacles for use by the public and/or restaurant employees.

5. Design and use compatibility. To ensure compatibility with surrounding uses and a high standard of design quality, the following standards shall be implemented:

• a. Compatible elements. Outdoor dining and seating areas and associated structural elements, awnings, covers, furniture, umbrellas or other physical elements which are visible from the public rights-of-way shall be compatible with the overall design of the main structure(s);

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  - **b. Entertainment.** Outdoor dining and seating areas that provide dancing, entertainment or amplified music shall require the preparation of a noise analysis with appropriate mitigation measures to ensure that noise levels will not exceed those specified in Chapter 18.44 (Noise); 

  - **c. Lighting.** Lighting to illuminate the outdoor dining and seating areas shall be provided in compliance with Section 18.30.060 (Exterior Lighting);

• d. Pedestrian orientation . The use of awnings, plants, umbrellas and other human scale elements is encouraged to enhance the pedestrian experience;

  - **e. Potential impacts.** Outdoor dining and seating areas and their relation to churches, hospitals, public schools and residential uses shall be considered, and proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering and noise; 
  
  - **f. Obstructions.** Outdoor dining and seating areas shall not obstruct pedestrian or vehicular traffic; 
  
  - **g. Setbacks.** Outdoor dining and seating areas shall be set back a minimum of five feet from property lines or parking lots; and 
  
  - **h. Signs.** Signs and advertising materials placed in an outdoor dining or seating area shall be in compliance with Chapter 18.54 (Signs). 
  

  6. Additional finding for approval . The review authority shall make a determination that the hours of operation requested are appropriate to the proposed use, and consideration has been given to the proposed use’s relation to adjoining:

  - a. Churches, and other places of worship; 
  
  - b. Hospitals, and other medical clinics; 
  
  - c. Public/private schools; and 
  
  - d. Residential areas. 
  

• C. Outdoor garden supply sales. The portions of outdoor garden supply sales areas used for the display and storage of garden supplies (e.g. fertilizer, garden tools) shall be screened with fencing, meshing or other similar sight-obscuring material, in compliance with Section 18.58.200 (Outdoor Storage and Work Areas), below. Screening is not required for areas for the display and storage of plants, shrubs, trees, and other landscaping.

• D. Outdoor storage of merchandise . Outdoor storage of merchandise, accessory to a retail use, may be permitted subject to the requirements of Article II (Zoning Districts and Allowable Land Uses) and the following standards:

  - **a. Relationship to main use.** The outdoor storage area shall be directly related to a retail business occupying a permanent structure on the subject parcel;
  

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b. Location of outdoor storage area.

• (1) The outdoor storage area shall be located directly adjacent to the retail business. Outdoor storage areas may be located to the side or rear of a retail business. Outdoor storage areas may be allowed on the side of a building facing a public right of way only if the review authority finds that there are no other feasible locations and that the location would not negatively impact traffic visibility and site aesthetics. Outdoor storage areas are prohibited in front of a retail business.

storage areas may be located to the side or rear of a retail business. Outdoor storage areas may be allowed on the side of a building facing a public right of way only if the review authority finds that there are no other feasible locations and that the location would not negatively impact traffic visibility and site aesthetics. Outdoor storage areas are prohibited in front of a retail business.

• (2) The outdoor storage area must be located entirely on private property and shall not encroach into required setback areas. In zoning districts where no setback area is required, the outdoor storage area shall be set back a minimum of 10 feet from adjoining property line(s). The review authority may modify or waive the setback requirements if the review authority finds that there would be no aesthetic impacts to adjacent properties.

• c. Size of outdoor storage area. The size of the outdoor storage area shall be limited to a maximum of 25 percent of the gross floor area of the retail business;

• d. Height of stored materials. The outdoor retail storage area shall not exceed a height of six feet above finish grade. The review authority may allow heights greater than seven feet if the review authority finds that there would be no aesthetic impacts to adjacent properties;

e. Screening required.

• (1) Outdoor retail merchandise storage areas shall be screened from adjoining public rights-of-way by permanent decorative walls, fences and/or landscaping. The use of chain link fencing shall be prohibited.

• (2) Materials used to screen the outdoor storage area shall be complementary to and consistent with the façade of the existing retail building.

• (3) Screening shall be provided to a height of one foot above the approved height of the items, materials, or merchandise being displayed.

• (4) Screening shall be limited to the perimeter of the storage area; covers over the outdoor storage area are not permitted, including temporary pop-up tents, tarps or awnings. Use of cargo containers and other temporary storage structures shall be prohibited.

• (5) The review authority may modify or waive the screening requirements if the review authority finds that there would be no aesthetic impacts to adjacent properties.

This Section establishes standards for uses with outdoor storage and work yards areas.

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• A. Screening of outdoor storage and work areas. Where allowed by Article II (Zoning Districts and Allowable Land Uses), outdoor storage and work areas, including auto dismantling operations, auto wrecking yards, building materials sales, equipment yards, junk yards, lumber yards, recycling facility-processing centers, scrap metal yards, waste resource and waste recycling operations, snow removal businesses, construction contractor’s yards, and uses with similar outside storage and work yards, shall comply with the following screening requirements:

  1. The perimeter of the storage and/or work yard shall be enclosed and screened by a solid, sight-obscuring masonry wall or metal or wood fence with a minimum height of six feet and a maximum height of eight feet. The type and design of the wall or fence shall be approved in advance of construction or installation as part of the land use permit. The wall or fence shall include operable gate(s) to be used as the only entrance(s) and exit(s) for the property. The wall, fence, and gate(s) shall be properly maintained to continuously conform to the conditions established by the review authority. The review authority may approve a maximum fence/wall height greater than 10 feet for projects adjacent to or visible from residential or other sensitive land uses if determined necessary for compatibility.

  2. All operations in conjunction with the above listed uses, including the loading and unloading of equipment and materials, shall be conducted entirely within the walled or fenced area(s);

  3. All equipment and materials, including storage containers, trailers and trucks shall be stored within the walled or fenced area(s). The equipment and materials shall not be maintained, stored or used so as to be visible above the height of the sight-obscuring wall or fence from any exterior property line except as follows:

     • a. Mechanical equipment, including cranes, crushers and loaders, may be of a height which may be visible beyond the limits of the property; and

     • c. Except for equipment designed to move under its own power, all mechanical equipment with a height exceeding the sight-obscuring wall or fence shall be located a minimum distance of 40 feet from any exterior property line.

• B. Outdoor storage in the River Protection (-RP) Overlay District. Consistent with Section 18.20.050.D.6, outdoor storage and work areas on parcels adjacent to the Truckee River shall be prohibited.

• A. Purpose. This Section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities.

• B. Applicability. Any recycling facility intending to operate in the Town shall comply with the following provisions:

  1. Recycling facilities are subject to permit review in the commercial and manufacturing zoning districts in compliance with Table 3-16.

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TABLE 3-16 PERMIT REQUIREMENTS FOR RECYCLING FACILITIES

2. Development and operating standards . Recycling facilities shall comply with the following specific standards:

• a. Reverse vending machines. Reverse vending machine(s) located within a commercial or manufacturing location shall not require additional parking spaces for recycling customers and may be allowed in all commercial and manufacturing zoning districts, subject to Zoning Clearance and compliance with the following standards:

  • (1) Shall be installed as an accessory use in full compliance with the applicable provisions of this Development Code and the Municipal Code;

  • (2) If located inside of a structure, shall be within 30 feet of the entrance and shall not obstruct pedestrian circulation;

  • (3) If located outside of a structure, shall not occupy parking spaces required by the main use and shall be constructed of durable waterproof and rustproof material(s);

  • (4) Shall not exceed a total of five machines with a maximum area of 50 square feet for each installation, including any protective enclosure of up to eight feet in height;

  • (5) Shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions;

  • (6) Shall have operating hours which are consistent with the operating hours of the main use; and

  • (7) Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn in compliance with Section 18.30.060 (Exterior Lighting).

• b. Small collection facilities. Small collection facilities are allowed within the DMU, DC, DVL, CG and CS zoning districts, subject to a Minor Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits), in the manufacturing zoning district, subject to a Zoning Clearance in compliance with Chapter 18.72 (Zoning Clearance), and in compliance with the following standards:

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• (1) Shall be installed in full compliance with the applicable provisions of this Development Code and the Municipal Code;

  • (2) Shall not exceed an area of 500 square feet nor three parking spaces, not including space that will be periodically needed for the removal of materials or exchange of containers;

  • (3) Shall be set back at least 10 feet from any public right-of-way and not obstruct pedestrian or vehicular traffic;

  • (4) Shall accept only glass, metal or plastic containers, paper and reusable items;

  • (5) Shall not use power-driven processing equipment except for small, compact machinery (e.g., can shredder, glass breaker, reverse vending machine);

  • (6) Shall use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule;

  • (7) Shall not be located within 50 feet of any parcel zoned or occupied for residential use;

  • (8) Collection containers and site fencing shall be of a color and design to be both compatible and harmonious with the surrounding uses and neighborhood;

  • (9) The facility shall not impair the landscaping required by Chapter 18.40 (Landscape Standards) for any concurrent use allowed by this Development Code;

  • (10) Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the main use. One space shall be provided for the attendant, if needed;

  • (11) Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

  • (12) Use of parking spaces by the facility and by the attendant, if provided, shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility will be on the site; and

  • (13) Shall be subject to landscaping and/or screening as determined through land use permit review.

• c. Large collection facilities. A large collection facility which is larger than 350 square feet, or on a separate parcel not accessory to a main use, which has a permanent structure is allowed in the DM and M zoning districts, subject to a Zoning

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Clearance in compliance with Chapter 18.72 (Zoning Clearances) and the following standards:

• (1) The facility does not abut a parcel zoned or occupied for residential use;

• (2) The facility shall be screened from the public rights-of-way, within an enclosed structure, or behind fences, walls or screen planting;

• (3) Structure setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located;

• (4) Exterior storage of material shall be in sturdy containers which are secured and maintained in good condition at all times. Storage, excluding truck trailers, shall not be visible above the height of the required fence, wall or screen planting;

  • (5) The site shall be maintained clean, sanitary and free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;

  • (6) Any containers provided for “after hours” donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof material(s), with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of materials; and

  • (7) Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be detectable from adjoining parcels.

• d. Processing facilities. Light and heavy processing facilities are allowed in the manufacturing zoning district subject to a Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits), and compliance with the following standards:

  • (1) The facility shall not abut a parcel zoned or occupied for residential use;

  • (2) Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, sorting of source-separated recyclable materials, and repairing of reusable materials;

  • (3) A light processing facility shall not exceed 45,000 square feet, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact or shred ferrous metals other than beverage and food containers.

  • (4) A heavy processor may exceed 45,000 square feet and two outbound truck shipments each day, and may perform those functions not allowed at light processing facilities;

  • (5) Exterior storage of material shall be in sturdy containers or enclosures which are maintained and secured in good condition at all times. Storage containers

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for flammable materials shall be constructed of nonflammable material(s). Outdoor storage shall be screened by a six-foot high opaque fence or solid masonry wall. Storage, excluding truck trailers, shall not be visible above the height of the required fence or wall;

  - (6) Any containers provided for “after hours” donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof material(s), with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of the materials; and 

  - (7) Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be detectable from adjoining parcels.

• e. Time limit. Any permit issued in compliance with this Section shall have a maximum term established by the approved Use Permit. Before permit renewal, the Director shall consider the permittee’s history of compliance with the established conditions of approval, as well as the applicable provisions of this Section and the Municipal Code.

3. General standards. All recycling facilities shall comply with the following standards:

• a. Signs. Facilities shall be provided with identification and informational signs as follows:

  • (1) Recycling facilities may have wall signs with a maximum area of 15 percent for each side of the structure or 24 square feet, whichever is less. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container; and

  • (2) Signs shall be both compatible and harmonious with the character of their location.

• b. Refuse disposal. The facility shall maintain adequate on-site refuse containers for the disposal of non-recyclable and non-hazardous waste materials.

This Section provides standards for specific residential accessory uses and structures allowed in the zoning district applicable to a parcel (see Section 18.08.030, Residential Zoning District Land Uses and Permit Requirements). Residential accessory uses include any use that is customarily related to a residence, including driveways, garages, greenhouses, storage sheds, studios, swimming pools/spas and workshops.

• A. General requirements. Accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this Section for specific uses.

  1. Relationship of accessory use to main use. Accessory uses and structures shall be incidental to and not alter the character of the site from that created by the main use.

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2. Standards for accessory structures. An accessory structure shall comply with the requirements of this Development Code applicable to the main structure, including heights, parcel coverage and setbacks, unless otherwise specified in this Development Code. Residential accessory structures, except for detached garages (including conditioned living area above the garage) and agricultural accessory structures, shall not exceed the height of the main residence to ensure that the accessory structure is incidental to and architecturally compatible with the main residence. An accessory structure for multifamily residential uses shall be architecturally compatible with the main structure.

3. Detached structures. A conditioned or unconditioned breezeway may be allowed to provide shelter between a detached accessory structure and the main dwelling. A breezeway is a roofed passageway with or without sides connecting two or more buildings or parts of a building.

• B. Building Permits. The Building Permit for a residential accessory use or structure shall not be:

  1. Issued unless there is a residential use on the subject property or the permit is issued in conjunction with the residential dwelling permit; and

  2. Finaled until there is a residential use on the subject property or the permit for the residential dwelling is finaled.

• C. Antennas. Antennas are subject to the provisions of Section 18.58.250 (Telecommunications Facilities).

• D. Driveways and Parking Pads. Driveways and parking pads are accessory uses and only allowed if a residential use is already established on the same property or if a residential dwelling permit is issued in conjunction with the driveway or parking pad permit. Driveways and parking pads are subject to the provisions of Chapter 18.48 (Parking and Loading Standards).

• E. Garages. Garages shall comply with the following standards, as well as the special setback requirements in Section 18.30.120.E (Setbacks Requirements for Specific Structures and Situations).

1. Maximum floor area.

• a. A detached accessory garage for a single-family residential parcel shall not occupy more than 1,000 square feet of floor area on parcels less than an acre in size and 2,000 square feet of floor area on parcels between one and five acres in size. On parcels larger than five acres, a detached accessory garage may occupy up to 2,000 square feet of floor area or 100 percent the size of the main residence, whichever is greater. A detached garage is subject to the cumulative size limits for accessory structures as identified in Table 3-17.

  • (1) The floor area for a secondary residential unit in a detached accessory garage shall not be counted as part of the floor area of the garage.

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     - (2) The floor area for a detached living area incorporated into a garage structure or in a separate residential accessory structure shall not be counted towards the maximum floor area limits for garages and residential accessory structures. For example, a detached accessory garage on a parcel less than an acre with a 1,600 sq. ft. residence may have a maximum floor area of 1,800 square feet of floor area (1,000 sq. ft. for the garage and 800 sq. ft. for the detached living area). A detached living area and accessory dwelling unit may not be located within a single detached residential accessory structure. 

  - b. The floor area of an accessory garage that is attached to a main structure is not limited, except as required by the Building Code or any other applicable Town Code. 

  - c. A garage or carport for an accessory dwelling unit: 1) shall be limited to 500 square feet, regardless of whether it is attached to or detached from the accessory dwelling unit; 2) shall be dedicated for use only by residents of the accessory dwelling unit, not accessible to residents of the main dwelling; 3) shall not be counted toward the cumulative maximum size for detached garages on a single parcel if the garage _is_ attached to the accessory dwelling unit or main dwelling; and 4) shall be counted toward the cumulative maximum size for detached garages on a parcel if the garage or carport is not attached to the accessory dwelling unit or main dwelling. 

• F. Detached Living Areas. Living quarters which are designed for human occupancy and are physically detached from and not a required element of the main dwelling. Includes bedrooms, recreation rooms, home offices, heated workshops, and similar habitable areas in any area where single-family dwellings are allowed in compliance with Article II (Zoning Districts and Allowable Land Uses).

  1. Access. The detached living area may have direct, covered access to the main dwelling, and shall be designed to provide practical pedestrian access to the main dwelling.

  2. Design standards. A detached living area shall be designed as follows:

     • a. Maximum floor area . The gross floor area shall not exceed 600 square feet of gross floor area.

• b. The detached living area shall be designed to maintain visual consistency and compatibility with the main dwelling and with other residential structures in the surrounding neighborhood;

  - c. The detached living area may only include a sleeping area, living area, and a bathroom; 
  
  - d. The detached living area shall not contain a kitchen or other cooking facilities; and 
  
  - e. A detached living area and accessory dwelling unit may not be located within a single detached residential accessory structure. 
  

  3. Proximity. The detached living area shall be located within the following distance of the main dwelling or the main dwelling’s attached garage:

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  - a. For single-family parcels under 1 acre in size and all multifamily parcels: 100 feet. 

  - b. For single-family parcels of 1 acre to 1.99 acres in size: 150 feet. 

  - c. For single-family parcels 2 acres in size or larger: 200 feet. 

4. Maximum number of structures. Only one detached structure with living area shall be allowed on a single legal parcel of record.

5. Plumbing and electrical installations. Allowable plumbing shall be limited to that required for a single bathroom. The bathroom may only contain one single one-well sink with a maximum surface area of two square feet, one toilet, and one shower/tub. Electrical installation shall be limited to the minimum required for heating, light and ventilation. Line drawings shall be submitted for approval and shall delineate all plumbing and electrical installations proposed in compliance with this standard.

6. Rentals prohibited. The detached living area shall not be separately rented or leased from the main dwelling, whether compensation is direct or indirect.

7. Subdivision prohibited. The portion of the site accommodating the detached living area shall not be subdivided from the portion of the site containing the main dwelling.

8. Utilities. All utilities serving the detached living area (e.g., electricity, gas, sewer and water) shall be common to and dependent on the main dwelling. The detached living area shall not be provided with separate utility meters.

• G. Greenhouses. An accessory greenhouse may occupy up to 500 square feet for each parcel less than or equal to 0.5-acres in size and up to 25% of the dwelling on parcels greater than 0.5-acres in size.

• H. Home occupations. Home occupations are subject to the requirements of Section 18.58.120 (Home Occupations).

• I. Play structures and treehouses. Play structures shall have a maximum height of 12 feet. A treehouse supported primarily by a tree or trees shall comply with the following: 1) shall not exceed 64 square feet in floor area, 2) shall not exceed a total height of 12 feet measured from natural grade to the highest point of the treehouse structure, 3) shall not include a heat source, electrical or plumbing, and 4) shall conform to all standard setbacks applicable to the main dwelling.

et. A treehouse supported primarily by a tree or trees shall comply with the following: 1) shall not exceed 64 square feet in floor area, 2) shall not exceed a total height of 12 feet measured from natural grade to the highest point of the treehouse structure, 3) shall not include a heat source, electrical or plumbing, and 4) shall conform to all standard setbacks applicable to the main dwelling.

• J. Swimming pools/spas/hot tubs. Private swimming pools, spas and hot tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions:

  1. The pool is to be used solely by occupants of the dwelling(s) on the same parcel and their invited guests; and

  2. The pool shall be secured by fencing and/or walls to prevent uncontrolled access by children in compliance with the Town Building Code.

  3. The pool is subject to the setback requirement in Section 18.30.120.E Table 3-3.

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• K. Tennis and other recreational courts. Non-commercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following requirements:

  1. Fencing shall be subject to the height limits of Section 18.30.070 (Fences, Walls and Hedges). Fencing for non-commercial outdoor courts up to a maximum of 20 feet in height, located outside the required setbacks, may be authorized by the Zoning Administrator through a Minor Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits);

  2. Lighting for non-commercial outdoor courts may be authorized by the Zoning Administrator through a Minor Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits).

• L. Vehicle storage. The outdoor storage of vehicles, including incidental restoration and repair, is subject to Chapter 10.20 (Abandoned Vehicles) of the Municipal Code.

• M. Cumulative size of accessory structures. The maximum cumulative size for all allowed accessory structures on a parcel, but not including an accessory dwelling unit in a detached structure, shall be in compliance with Table 3-17.

TABLE 3-17

CUMULATIVE SIZE OF ACCESSORY STRUCTURES

Notes:

• (1) An open-air agricultural accessory structure (i.e., uncovered and unenclosed) shall not be construed as an accessory structure for the purpose of calculating floor area.

• (2) Consistent with Section 18.58.220.F.c, a garage for an accessory dwelling unit that is not attached to the accessory dwelling unit or main dwelling shall be counted towards the cumulative maximum size for detached garages on a parcel.

• (3) Except for a detached accessory garage or an agricultural accessory structure, the floor area of a single detached accessory structure shall not exceed 30 percent, nor shall the sum of the floor area(s) of the total number of detached accessory structures exceed 40 percent of the floor area of the main dwelling. A covered patio or barbecue area shall not be construed as an accessory structure for the purpose of calculating floor area.

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This Section establishes procedures, standards and a density bonus for the development of apartments for senior citizens and/or senior citizen independent living centers (Subsection A, below) and senior citizen congregate care housing facilities (Subsection B, below). The intent of these standards is to ensure compatibility with surrounding land uses and to provide a campus-like atmosphere coordinating all on-site facilities.

• A. Multifamily senior citizen projects. Multifamily residential projects restricted for occupancy to independent residents 55 years or older and does not provide medical or institutional facilities are considered standard multifamily residential dwellings and shall meet standards of Chapter 18.25 (Objective Design Standards). These projects may be senior citizen apartments, independent living centers, or senior communities and may include community dining buildings, recreation buildings, and programming for activities and transit.

  1. Additional facilities. If developed in a campus-like atmosphere with institutional or medical uses, skilled nursing facilities and/or intermediate care facilities, the project may be allowed with the approval a Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits); and

  2. Parking. Off-street parking shall comply with Chapter 18.48 (Parking and Loading Standards) for “Multifamily Dwelling”.

• B. Senior citizen congregate care/congregate care housing. . The site development standards for Senior citizen congregate care/congregate care housing facilities shall be in compliance with the following requirements:

  1. Allowable density:

  - a. The number of allowable residential dwelling units shall not exceed a maximum density of 20 units for each net acre of land; and 
  
  - b. A density bonus may be utilized if the development proposal can be found consistent with the applicable provisions of Chapter 18.212 (Density Bonuses, Concessions and Incentives). 
  

  2. Minimum floor area. The minimum floor area for each residential unit shall be as identified in Table 3-18.

TABLE 3-18 MINIMUM FLOOR AREA FOR RESIDENTIAL UNITS

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3. Accessible access, safety and security features:

• a. The main entrance to the facility, common areas and all living units shall provide disabled access in compliance with applicable State and Federal law;

• b. Indoor common areas and living units shall be provided with necessary safety equipment (e.g., safety bars, etc.), as well as emergency signal/intercom systems, subject to the approval of the Director;

• c. Adequate internal and external lighting shall be provided for security purposes. The external lighting shall be stationary, directed away from adjoining properties and public rights-of-way, and of an intensity compatible with the surrounding neighborhood in compliance with Section 18.30.060 (Exterior Lighting); and

• d. The entire development project shall be designed to provide maximum security for residents, guests and employees.

4. Common facility requirements:

• a. Entertainment, recreational and social activity areas. Common entertainment, recreational and social activity areas of a number, size and scale consistent with the number of living units shall be provided;

• b. Common laundry facilities of sufficient number and accessibility, consistent with the number of living units shall be provided; and

• c. The development may provide one or more of the following specific common facilities for the exclusive use of the residents:

  • (1) Beauty and barber shop;

  • (2) Central cooking and dining room(s);

  • (3) Exercise room(s); and

  • (4) Small scale drug store and/or medical facility (not exceeding 850 sq. ft.).

5. Parking. Off-street parking shall be provided in the following manner:

• a. Off-street parking shall comply with Chapter 18.48 (Parking and Loading Standards) for “Senior citizen congregate care/congregate care housing.”

• b. Standards relating to off-street parking, access, number of spaces required, dimensional requirements, accessible parking, landscaping, lighting, shading, striping, surfacing, etc., shall be in compliance with the standards outlined in Chapter 18.48 (Parking and Loading Standards); and

• c. Adequate and suitably striped or marked paved areas for shuttle parking shall be provided. Shaded waiting areas shall be provided adjoining the shuttle stops.

6. Transit facilities. A bus turnout and shelter along the street frontage shall be provided.

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This Section establishes standards for the development and operation of supportive housing. The requirements for supportive housing shall be consistent with Government Code Section 6565065656.

• A. Applicability. Supportive housing is allowed in all zones where residential units are allowed and are subject to the same regulations that apply to other residential uses of the same type in that zone. If a conflict arises between the general development standards and the development standards applicable to supportive housing, the development standards of this Section shall supersede any conflicting development standard of Article II or Article III.

• B. By-right supportive housing. Supportive housing is allowed by right within the RR, RL, RM, RH, DRL, DRM, DRH, DC, DM, CG, CN, CS, M, DMU, CMU, NMU, and REC zoning districts, if the proposed housing development satisfies all of the following requirements.

1. Affordability restrictions.

• a. Units within the development are subject to a recorded affordability restriction for 55 years.

• b. One hundred percent of the units, excluding managers’ units, within the development are dedicated to lower income households and are receiving public funding.

• c. At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers’ units, in the development shall be restricted to residents in supportive housing.

2. Information requirements. The developer provides the planning agency with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project, and describing those services, which shall include all of the following:

• a. The name of the proposed entity or entities that will provide supportive services;

• b. The proposed funding source or sources for the provided onsite supportive services; and

• c. Proposed staffing levels.

3. Mixed use requirements. For mixed-use projects, nonresidential floor area shall be used for onsite supportive services in the following amounts:

• a. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive service; or.

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• b. For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

4. Replacement units. The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915 of the Government Code.

5.

Required development standards:

• a. Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator; and

  • b. Comply with the requirements set forth in Chapter 18.25 (Objective Design Standards).

  • c. Supportive housing projects are subject to the same regulations that apply to other residential uses of the same type in that zoning district. Examples: (1) If a supportive housing project is within a single-family residential project, then it is subject to the same requirements as a standard single-family residence; or (2) If a supportive housing project is within a multi-family residential structure, the multi-family residential development standards apply; or (3) If a single-family residence is not permitted in a zoning district, a supportive housing project within a single-family residence is not permitted.

  • d. Reductions in the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner shall comply with Government Code Section 65651.

• C. Other zoning districts. Supportive housing allowed in all other zoning districts or does not meet the previously outlined criteria shall be subject to the same regulations that apply to other residential uses of the same type in that zoning district.

• A. Purpose This Section establishes standards for the operation of time-share uses in commercial zones. The Town classifies time-share uses as commercial uses and the intent of these standards is to ensure compatibility of time-share uses, which are located in existing residential units, with any adjoining residential and commercial uses.

• B. Inapplicability of Section to Existing Time-Share Uses. Nothing in this Section shall be deemed to apply to time-share properties existing as of the effective date of this Section or to render such time-share properties nonconforming with this code, provided that such time-share properties were approved by the Town as such, and have been owned and operated as such, prior to the effective date of this Section.

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• C. Definitions. For purposes of this Section, the following words and phrases shall have the meaning respectively ascribed to them by this paragraph C:

“Accommodation” means any dwelling, apartment, condominium or cooperative unit, hotel or motel room, or other structure constructed for residential use and occupancy, including but not limited to a single-family dwelling, or unit within a multifamily dwelling as defined in Section 18.220.020.

“Dwelling” shall have the meaning ascribed to it by Section 18.220.020.

“Management entity” means the person who undertakes the duties, responsibilities and obligations of the management of a time-share plan.

“Person” means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, or other legal entity, or any combination thereof.

“Time-share interest” means the right to exclusively occupy a time-share property for a period of time on a recurring basis pursuant to a time-share plan, regardless of whether or not such right is coupled with a property interest in the time-share property or a specified portion thereof.

“Time-share plan” means any arrangement, plan, scheme, or similar device, whether by membership agreement, bylaws, shareholder agreement, partnership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of an accommodation or accommodations, whether through the granting of ownership rights, possessory rights or otherwise, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years.

“Time-share property” means one or more accommodations subject to the same time-share plan, together with any other property or rights to property appurtenant to those accommodations.

“Time-share use” means the use of one or more accommodations or any part thereof, as a timeshare property pursuant to a time-share plan.

• D. Time-share Uses Restricted to Existing Single-Family Dwellings in General Commercial (CG) and Neighborhood Commercial (CN) Districts. Time-share uses are permitted uses within the Town’s General Commercial (CG) District and Neighborhood Commercial (CN) District, subject to issuance of a Zoning Clearance applied for and approved in conformance with this Section and Chapter 18.72. Time-share uses are not permitted in all other zoning districts in Truckee and are not permitted in multifamily dwellings.

E.

Application Process and Development Standards.

1. Application Process. Approval of a Zoning Clearance for time-share uses in the General Commercial (CG) District and Neighborhood Commercial (CN) District shall be required in accordance with the requirements of this Section and Chapter 18.72. In addition to any application requirements established by this Section and any other applicable

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requirements of this code, the following information shall be submitted as part of any application to develop or establish a time-share use:

• a. A description of the method of management of the time-share use and indication of the management entity for the time-share property.

• b. Any restrictions on the use or occupancy of the accommodations.

• c. Any other information or documentation the applicant or Town staff deems reasonably necessary to the consideration of the time-share use.

2. Development Standards and Operational Requirements. Notwithstanding any other provision of this chapter, the following conditions must be met by any time-share use in the General Commercial (CG) District or Neighborhood Commercial (CN) District:

   • a. Development Standards . The time-share use shall comply with all development standards for the zone in which it is located.

   • b. Parking. Two off-street parking spaces shall be provided for each time-share property.

   • c. Noise. All time-share properties are subject to Chapter 18.44 (Noise) with the exception of Section 18.44.050 (Residential Interior Noise Standards). Time-share properties where the ambient noise levels may exceed 70 dB(A) CNEL are subject to Section 18.44.040.F.

   • d. Solid Waste. All time-share properties are subject to Section 18.30.150.A.2 (Required storage area for non-residential structures and uses).

F.

Violations, Enforcement and Civil Penalties.

1. Any responsible person, including but not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised or disseminated in any way and through any medium, the availability for sale or use of an accommodation in violation of this Section is guilty of a misdemeanor for each day in which such accommodation is used, allowed to be used, or advertised for sale or use in violation of this Section. Such violation shall be punishable pursuant to Chapter 1.02.

s or causes to be printed, published, advertised or disseminated in any way and through any medium, the availability for sale or use of an accommodation in violation of this Section is guilty of a misdemeanor for each day in which such accommodation is used, allowed to be used, or advertised for sale or use in violation of this Section. Such violation shall be punishable pursuant to Chapter 1.02.

2. Time-share use, and/or advertisement for time-share use, of an accommodation in violation of this Section is a threat to public health, safety or welfare and is thus declared to be unlawful and a public nuisance. Any such nuisance may be abated and/or restored by Town staff and also may be abated pursuant to Chapter 1.03, except that the civil penalty for a violation shall be one thousand dollars ($1,000.00). Each day the violation occurs shall constitute a separate offense.

3. Any responsible person who violates this Section shall be liable and responsible for a civil penalty of one thousand dollars ($1,000.00) per violation per day such violation occurs. The Town may recover such civil penalty by either civil action or administrative citation. Such penalty shall be in addition to all other costs incurred by the Town,

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including without limitation the Town’s staff time, investigation expenses and attorney’s fees.

• a. Where the Town proceeds by civil action, the court shall have discretion to reduce the civil penalty based upon evidence presented by the responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability and/or inability to pay. Provided, however, that in exercising its discretion the court should consider the purpose of this Section to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the responsible person’s enrichment or profit as a result of the violation of this Section. In any such civil action the Town also may abate and/or enjoin any violation of this Section.

• b. Where the Town proceeds by administrative citation, the Town shall provide the responsible person notice of the right to request an administrative hearing to challenge the citation and penalty, and the time for requesting that hearing.

  • (1) The responsible person shall have the right to request the administrative hearing within forty-five (45) days of the issuance of the administrative citation and imposition of the civil penalty. To request such a hearing, the responsible person shall notify the Town Clerk in writing within forty-five (45) days of the issuance of the citation. The appeal notification shall include all specific facts, circumstances and arguments upon which the appeal is based.

inistrative hearing within forty-five (45) days of the issuance of the administrative citation and imposition of the civil penalty. To request such a hearing, the responsible person shall notify the Town Clerk in writing within forty-five (45) days of the issuance of the citation. The appeal notification shall include all specific facts, circumstances and arguments upon which the appeal is based.

• (2) The Town Manager is hereby authorized to designate a hearing officer to hear such appeal. The hearing officer shall conduct a hearing on the appeal within ninety (90) days of the request for the hearing unless one of the parties requests a continuance for good cause. The hearing officer shall only consider those facts, circumstances or arguments that the property owner or responsible person has presented in the appeal notification.

• (3) The hearing officer shall render a decision in writing within thirty (30) days of the conclusion of the hearing. The hearing officer shall have discretion to reduce the civil penalty based upon evidence presented by the property owner or responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability and/or inability to pay. Provided, however, that in exercising its discretion the hearing officer should consider the purpose of this Section to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the property owner’s or responsible person’s enrichment or profit as a result of the violation of this Section.

• (4) Any aggrieved party to the hearing officer’s decision on the administrative appeal may obtain review of the decision by filing a petition for writ of mandate with the Nevada County Superior Court in accordance with the timelines and provisions set forth in Government Code Section 53069.4.

• (5) If, following an administrative hearing, appeal, or other final determination, the owner of the property is determined to be the responsible person for the

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civil penalty imposed by this Section, such penalty, if unpaid within forty-five (45) days of the notice of the final determination, shall become a lien to be recorded against the property on which the violation occurred. Such costs shall be collected in the same manner as county taxes, and thereafter the property upon which they are a lien shall be sold in the same manner as property now is sold for delinquent taxes.

• (6) Any violation of this Section may also be abated and/or restored by Town staff and also may be abated pursuant to Chapter 1.03, except that the civil penalty under Chapter 1.03 for a violation shall be one thousand dollars ($1,000.00).

4. Each day the violation of this section occurs shall constitute a separate offense.

5. The remedies under this section are cumulative and in addition to any and all other remedies available at law and equity.

• A. Purpose. This Section establishes standards and procedures for the development and operation of wireless communications facilities including personal wireless services facilities (Subsection C), non-exempt satellite antennas (Subsection D), single pole/tower amateur radio antennas (Subsection E), and television and radio broadcasting towers (Subsection F).

• B. Applicability and exemptions. The requirements of this Section apply to all wireless communication facilities on private property that transmit and/or receive electromagnetic signals, including but not limited to personal wireless services, satellite, and radio and television broadcast facilities. The requirements apply to wireless communications facilities that are the primary use of a property and those that are accessory facilities, except that the following facilities are exempt:

  1. Hand-held, mobile, marine, and portable radio transmitters and/or receivers.

  2. Public safety communications radio.

  3. Radio and television mobile broadcast facilities.

  4. Antennas and equipment cabinets or rooms located completely inside of permitted structures.

  5. A temporary wireless communications facility mounted on a trailer or a portable foundation for a public emergency, declared by a duly authorized federal, state, county or Town official within a region that includes the Town in whole or in part. Any temporary wireless communications facility placed pursuant to this subsection must be removed within 24 hours after the date the emergency is lifted.

  6. A single ground- or building-mounted dish antenna not exceeding the maximum height permitted by this Section, including any mast, subject to the following restrictions:

     • a. Satellite dish 39.37 inches (one meter) or less. A satellite dish antenna 39.37 inches (one meter) or less in diameter and (a) intended for the sole use of a person

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occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot provided it does not exceed the height of the ridgeline of the primary structure on the same parcel.

ast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot provided it does not exceed the height of the ridgeline of the primary structure on the same parcel.

• b. Non-satellite dish 39.37 inches (one meter) or less. A dish antenna 39.37 inches (one meter) or less in diameter or diagonal measurement and (a) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot.

7. Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Director, or their designee, with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.

8. Minor modifications to existing wireless communications facilities as determined by the Director, or their designee, that replace existing equipment in-kind or with smaller or less visible equipment, that meet the standards set forth in this Section and will have little or no change in the visual appearance of the facility.

9. Wireless communications facilities which are proposed to be located in the public rightsof-way.

C. Wireless communications facilities.

1. Permit required. A wireless communications facility permit is required for all wireless communications facilities subject to this Section. These include the following:

• a. Facilities allowed by right:

  • (1) Co-location by right facilities (Gov. Code § 65850.6). Co-location facilities are allowed by right when proposed on a wireless communications co-location facility that was subject to a discretionary permit issued and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless communication co-location facility in compliance with the California Environmental Quality Act and the colocation facility incorporates required mitigation measures specified in that environmental document.

  • (2) Eligible facilities requests (47 C.F.R. § 1.6100). For eligible facilities requests, co-location of new transmission equipment, removal of transmission

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equipment, or the replacement of transmission equipment is allowed by right provided the modification of an existing tower or base station does not substantially change the physical dimensions of such tower or base station.

  - **(3) Emergency standby generators (Gov. Code § 65850.75).** Emergency standby generators qualifying under Gov. Code 65850.75 are allowed by right until Gov. Code 65850.75 is repealed on January 1, 2024. 

• b. Small cell facilities. Small cell facilities are allowed with approval of a wireless communications facility permit when they meet the requirements of this Section.

• c. Other co-locations . Co-locations on existing structures that do not have wireless facilities already on them and co-locations on towers and base stations that do not qualify as eligible facilities requests are allowed with approval of a wireless communications facility permit when they meet the requirements of this Section.

• d. Major wireless communications facilities . Applications for wireless communications facilities that do not qualify under any of the other categories in a, b, or c are considered major wireless communications facilities and are allowed with the approval of a wireless communications facility permit when they meet the requirements of this Section.

2. Application requirements and review process. The following are the minimum criteria applicable to all wireless communications facilities, unless otherwise noted. In the event that a project is subject to discretionary and/or environmental review, mitigation measures, more restrictive criteria than presented in this Section, or other conditions of approval may also be necessary. All wireless communications facilities shall comply with:

• a. Minimum application requirements. The Director, or their designee, shall establish and maintain a list of information that must accompany every application for the approval of a wireless communication facility.

• b. Expert review. The Director, or their designee, is authorized to employ on behalf of the Town an independent technical expert to review any technical materials submitted. The applicant shall pay all the costs of said review, including any administrative costs incurred by Town.

• c. Public notice. Notice of any application for a major wireless communications facility shall be mailed to all adjacent property owners within five hundred (500) feet. The notice shall include the date by which public comments regarding the application shall be submitted for consideration, and the date of the scheduled public hearing, if applicable, or the earliest date on which the Zoning Administrator may make a determination on the application.

• d. Review authority.

  • (1) Major wireless communications facilities. The Zoning Administrator shall be the decision-making authority for major wireless communications

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facilities. All applications for a major wireless communications facility require a public hearing.

• (2) Small cell facilities, other co-locations, by right co-locations, by right generators, and eligible facilities requests. Applications for small cell facilities, by right co-locations, by right generators, and eligible facilities requests shall be acted upon administratively by the Director, or their designee. A public hearing is not required.

• (3) Appeals. Any decision by the decision-making authority to approve, conditionally approve, or deny an application for a wireless communications facility permit required by this Section is appealable to the respective appeals body set forth in Section 18.140.020.

e. Required findings.

• (1) General findings. In approving any wireless communication facility except for a by right co-location facility request, a by right generator, or an eligible facilities request, the decision-making authority shall make the following findings:

  • (a) The proposed use conforms with the specific purposes of this Section and any special standards applicable to the proposed wireless communications facility;

  • (b) The applicant has made good faith and reasonable efforts to locate the proposed wireless communications facility on a support structure other than a new ground-mounted antenna or to accomplish co-location;

  • (c) The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and

  • (d) The proposed wireless communications facility uses a stealth design unless the review authority finds that a stealth design would be incompatible with the existing landscape.

• (2) Additional findings for a major wireless communications facility . To approve a major wireless communications facility, the Zoning Administrator shall find that a small cell facility, co-location or eligible facilities request is not feasible.

• (3) Findings for co-location by right facilities requests and by right generators (as applicable).

  • (a) The proposed co-location facility meets the requirements of Section 18.58.250.C.1.a.i.; or

  • (b) The proposed generator meets the requirements of Gov. Code 65850.75 and the application was submitted prior to the statute’s repeal.

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(4) Findings required for eligible facilities requests.

  - (a) The proposed co-location or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. Section 1.6100(b)(3)-(9), or any successor provisions, after application of the definitions in 47 C.F.R. Section 1.6100(b). The Director, or their designee, shall make an express finding for each criterion; 

  - (b) The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. Section 1.6100(b)(7)(i) through (iv), or any successor provisions; and 

  - (c) That the proposed facility will comply with all generally applicable laws.

• f. Wireless communications facility permit conditions of approval. In addition to all other conditions adopted by the applicable decision-making authority, all permits issued in accordance with this Section, whether approved by the approval authority or deemed approved by the operation of law, shall be automatically subject to the conditions in this Section. The decision-making authority shall have discretion to modify, supplement, or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this Section.

  • (1) The wireless communications facility shall be constructed and maintained in strict conformity with the submitted and approved plans.

  • (2) Except for co-location by right facilities, by right generators, and eligible facilities requests, the wireless communications facility permit, expires ten (10) years from issuance and must be renewed in order to continue the use. Any other permits or approvals issued in connection with an application subject to this Section, which includes without limitation any permits or other approvals deemed-granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law.

  • (3) The permittee shall not place any wireless communications facilities that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting and public signage.

  • (4) At all times, all required notices and signs shall be posted on the site as required by the FCC and CPUC, and as approved by the Town. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

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• (5) At all times, the permittee shall ensure that the wireless communications facility complies with the most current regulatory and operational standards, including, but not limited to, radio frequency emissions standards adopted by the FCC.

• (6) The permittee and owner of any site on which a wireless communications facility is located shall cooperate and exercise good faith in co-locating wireless communications facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.

he same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.

• (a) No co-location may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing wireless communications facilities or failure of the existing facilities to meet federal standards for emissions.

• (b) Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this section is grounds for denial of a permit request or revocation of an existing permit.

• (7) Within sixty (60) calendar days after the permittee commences full, unattended operations of the permitted wireless communications facility, the permittee shall provide the Director, or their designee, with documentation demonstrating that the permitted facility has been installed and/or constructed in compliance with the approved construction drawings and photo simulations and a written report by a qualified radio frequency emissions engineer certifying that the facility is operating in compliance with the radio frequency emissions guidelines or standards of the FCC.

• (8) The permittee, and their successors in interest, shall indemnify and defend the Town and its officers, employees and agents from and against all liability and costs relating to the Town’s actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the Town’s actions or decisions in connection with this project. The Town shall have the sole right to choose its counsel and property owners shall reimburse the Town’s expenses incurred in its defense of any lawsuit challenging the Town’s actions concerning this project.

• (9) Permittee shall obtain and maintain throughout the term of the permit commercial general liability insurance with a limit of Five Million Dollars ($5,000,000) per occurrence for bodily injury and property damage and Six Million Dollars ($6,000,000) general aggregate including premises operations, contractual liability, personal injury, and products completed operations. The relevant policy(ies) shall name the Town, its

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elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insureds. Permittee shall use its best efforts to provide thirty (30) days’ prior notice to the Town of to the cancellation or material modification of any applicable insurance policy.

• (10) The installation and construction authorized by the wireless communications facility shall be completed within three (3) years after its approval, or it will expire without further action by the Town unless prior to the three (3) years the permittee submits an extension request and the Town, in its sole discretion, grants a time extension for due cause.

  • (11) Any approved backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 5:00 p.m.

  • (12) The wireless communications facility, all equipment, and other improvements to be constructed and/or installed in connection with the approved plans shall be maintained in a manner that is not detrimental or injurious to the public health, safety, and general welfare and the aesthetic appearance shall continue to be preserved, and substantially the same as shown in the approved plans at all times relevant to the wireless communications facility permit, including the replacement of materials which may degrade over time (for example, tree fronds on stealth tree designs which may have fallen off faded must be replaced with fronds that match the approved design and color).

• g. Conditions of approval for co-location by right facilities requests and by right generators . In addition to compliance with the requirements of this Section, all facilities that qualify as co-location by right facility request or by right generators shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Director, or their designee:

  • (1) Permit subject to conditions of underlying permit. Any wireless communications facility permit granted in response to an application qualifying as a by right co-location facility request or by right generator shall be subject to the terms and conditions of the underlying permit.

  • (2) No permit term extension. The Town’s grant or deemed grant by operation of law of a by right co-location facility request or by right generator permit will not extend the permit term for the underlying wireless communications facility permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject wireless communications facility.

• h. Eligible facilities requests conditions of approval. In addition to compliance with the requirements of this Section, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the decision-making authority:

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• (1) Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit.

  • (2) No permit term extension . The Town’s grant or deemed grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the Town’s grant or grant by operation of law of an eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

• i. Standard agreement required for major wireless communication facilities.

  • (1) The property owner(s) and the permittee shall enter into a performance and maintenance agreement with the Town. The terms of the agreement shall:

    • (a) Ensure compliance with this Section and all applicable conditions of approval;

    • (b) Require the facility to be appropriately maintained;

    • (c) Ensure new landscaping is installed and existing landscaping is maintained, preserved and protected, as indicated on the plans; and

    • (d) Require the property owners to defend, indemnify, and hold harmless the Town.

  • (2) The agreement shall be signed and notarized and submitted to the Director, or their designee, when located on private property. The agreement shall run with the property to ensure that future property owner(s) are aware of the requirement for ongoing maintenance of the existing and approved landscaping.

• j. Location and design standards. Wireless communication facilities other than facilities allowed by right, shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located.

  • (1) Site selection. Sites for wireless communications facilities shall be selected according to the following order of preference:

    • (a) On existing structures (e.g., a church steeple, communication towers, freestanding sign, water tank, etc.);

    • (b) In locations where the existing topography, vegetation or other structures provide the greatest amount of screening; or

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• (c) On vacant land without significant visual mitigation, only in commercial and manufacturing zoning districts.

• (2) Prohibited areas. Wireless communications facilities shall not be established within the RL, RM, DRL, DRM, DRH, NMU, OS and RC zoning districts, within the HP Overlay District, or within environmentally sensitive areas as outlined in Chapter 18.46.

• (3) Placements on existing structures. The Town shall encourage and allow placement of wireless communications facilities on appropriate existing Town structures and towers subject to reasonable engineering requirements. The Town shall encourage utility providers, special districts and other public agencies to allow placement of wireless communications facilities on appropriate existing structures and towers subject to reasonable engineering requirements.

• (4) Setbacks. The facility shall not be located within any front, side, or street-side setbacks in any zoning district and shall not extend beyond the property lines. In zoning districts that do not have setbacks, the facility shall not be located within twenty (20) feet of any front property lines and ten (10) feet of any side or rear property lines.

• (6) Signs. No facility may display any signage or advertisement unless it is required under FCC regulations or required by law or permit condition. Every facility shall at all times display signage that accurately identifies the facility owner and provides the owner’s unique site number and a local or toll-free telephone number to contact the facility owner’s operations center.

• (7) Undergrounding required. Electrical and equipment wiring shall be placed underground.

• (8) Unused/obsolete equipment. Unused/obsolete equipment or towers shall be removed from the site within six (6) months after their need has ceased.

• (9) Stealth design . State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Wireless communications facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, painted, or otherwise screened to achieve a stealth design in a manner that is compatible with the architectural design of the building or structure and compatible with the appearance and character of the surrounding neighborhood. New standalone facilities shall use designs that are compatible and blend in with the surrounding area, for example, faux trees should be of the same type and size as nearby real trees. All finishes shall be non-reflective.

• (10) Installation types. For wireless communication facilities that are not mounted on existing buildings or structures, the Town prefers stealth installations (such as faux trees) when such stealth designs are compatible with the surrounding landscape.

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  - **(11) Radio frequency.** Wireless communications facilities shall comply with federal guidelines for radio frequency emissions and interference. Failure to meet federal guidelines may result in termination or modification of the permit. 

  - **(12) Interference.** Wireless communications facilities shall not interfere with public safety radio communications.

• (13) Noise. Wireless communications facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of the levels allowed in the Town’s noise ordinance (Section 18.44.040).

  - **(14) Height.** The height of the facility shall comply with the requirements of the applicable zoning district. 
  
  - **(15) Screening.** All ground equipment enclosures shall be screened with a solid decorative masonry wall or solid fence.
  

3. Violation and penalties. In addition to the enforcement procedures listed in Chapter 18.200, the Town may use any combination of the following enforcement actions, remedies, and penalties to stop, abate, and enjoin a violation of this Section:

• a. Stop order . The Code Compliance Officer may issue and serve upon a person pursuing the activities in violation of this Section a stop work order requiring that the person stop all activities in violation of this Section.

• b. Permit suspension or revocation . Any wireless communications facility permit, or other form of authorization required under this Section may be suspended or revoked if the respective reviewing authority determines that:

  • (1) There is a failure to comply with the approved plans, specifications, terms or conditions required under the wireless communications facility permit;

  • (2) The wireless communications facility permit was procured by false representation; or

  • (3) The wireless communications facility permit was issued in error.

Written notice of suspension or revocation shall be mailed or served upon the property owner, agent, applicant, or other person to whom the permit was issued or such notice may be posted in a prominent location at the place of violation. No work or construction shall proceed after service of the notice.

• c. Civil remedies . In addition to all other remedies and penalties outlined in this Section, the Town Attorney may initiate an action or proceeding for injunction or mandamus or other appropriate action or proceeding to prevent, abate, or correct a violation of this Section.

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• D. Non-exempt satellite antennas. Non-exempt s atellite antennas shall be designed, installed and maintained in compliance with the FCC and the CPUC and as follows, when these provisions are not in conflict with applicable state and federal regulations.

  1. Application requirements. Plans for non-exempt satellite antennas shall be submitted with each application for a Building Permit, and shall include a “simple” site plan and elevation drawings indicating the color, diameter, foundation details, height, landscaping, setbacks and method of screening. The plans shall be subject to the approval of the Director, or their designee.

2. Painting. The non-exempt satellite antennas and supporting structure shall be painted a single, neutral, non- glossy color (e.g., brown, green, gray, black) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood.

3. Setbacks. A non-exempt satellite antenna shall not be located within any front or streetside setbacks in any zoning district and shall not extend beyond the property lines.

4. Undergrounding required. Electrical and non-exempt satellite antenna wiring shall be placed underground whenever possible.

5. Prohibited areas. Non-exempt satellite antennas are prohibited in RS and HP Overlay districts

6. Standards. In any non-RS or non-HP Overlay districts, non-exempt satellite antennas may be roof- or ground-mounted and shall be subject to the following standards:

  - **a. Allowable ground locations.** If ground-mounted, the antennas shall not be located between a structure and an adjoining street and shall be screened from public view and surrounding parcels; 

  - **b. Screening.** If roof-mounted, the antennas shall be screened from ground view by a parapet or other type of screening. The minimum height and design of the parapet, wall or screening shall be subject to the approval of the Director, or their designee; 

  - **c. Size limitations.** The diameter of the ground-mounted antenna shall not exceed twelve (12) feet. This provision may be modified by the Director, or their designee, if strict compliance would result in no/poor satellite reception; 

  - **d. Height and location.** The height and location of the antennas shall comply with the requirements of the applicable zoning district. The height provision may be modified by the Director, or their designee,  if strict compliance would result in no/poor satellite reception; and 

  - **e. Setbacks.** If the subject parcel adjoins a residential zoning district, the antenna shall be set back a minimum distance from the property line that is equal to or greater than the height of the antenna, unless otherwise screened from public view to the satisfaction of the Director, or their designee. 

• E. Single pole/tower amateur radio antennas. Single pole/tower amateur radio antennas shall be designed, constructed/installed and maintained in the following manner:

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1. Location requirements. Antennas shall not be located in a front or side yard. In zoning districts without standard setbacks, antennas shall be located no closer than twenty (20) feet to a front property line or ten (10) feet to a side or rear property line.

2. Mounting. Antennas may be ground- or roof-mounted .

3. Height limit. The height of the antennas shall comply with the requirements of the applicable zoning district.

4. Size limitations. Any boom or other active element/accessory shall not exceed 25 feet in length.

• F. Television and radio broadcasting towers. These towers shall be allowed in compliance with Chapter 18.76 (Use Permits and Minor Use Permits).

• G. Effects of development on antenna reception. The Town shall not be liable if subsequent development impairs antenna reception.

• H. Limited exceptions. The decision-making authority may waive or modify requirements of this Section upon finding that strict compliance would result in noncompliance with applicable federal or state law, or would require a technically infeasible location, design or installation. Requirements may be waived or modified only to the minimum extent required to avoid the noncompliance or the technical infeasibility. An applicant seeking an exception must provide all supporting evidence for the request at the time of application submittal.

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Surface Mining and Reclamation Standards