1 of 228 10/8/2014 5:56 PM Nevada County Codes Up Previous Next Main Collapse Search Print No Frames TITLE 3 LAND USE AND DEVELOPMENT CODE CHAPTER II: ZONING REGULATIONS ARTICLE 1 GENERAL PROVISIONS Sec. L-II 1.1 Authority and Purpose This Chapter shall be known as the Nevada County Zoning Ordinance, Chapter II of the Nevada County Land Use and Development Code. This ordinance is adopted pursuant to Section 11 of Article XI of the Constitution of the State of California and in compliance with Title 7 of the Planning and Zoning Law of the Government Code for the purpose of promoting the health, safety and general welfare. The zoning ordinance is adopted in order to achieve the following objectives: A. To serve as the primary tool to implement and ensure consistency with the goals, objectives, and policies of the Nevada County General Plan based upon the following central themes: 1. Fostering a rural quality of life. 2. Sustaining a quality environment. 3. Development of a strong diversified, sustainable local economy. 4. Planned land use patterns to determine the level of public services appropriate to the character, economy, and environment of each region. B. To provide for the development of Nevada County as a balanced community with adequate amounts of land zoned in each district to achieve a balance among housing, employment, retail and commercial services, recreation, and public facilities. C. To provide for adequate mechanisms and standards to regulate the surface and subsurface uses of land, structures to meet the needs of residents, commerce, industry, agriculture, forestry, and other purposes in appropriate places. D. To provide for land use regulations that are clear, concise, enforceable, and effectively implement Nevada County General Plan provisions in a reasonable and balanced fashion. E. To provide for conservation of natural amenities, such as open space, wetlands, native vegetation, and wildlife. Sec. L-II 1.2 Applicability A. General Application. This ordinance applies to all land uses and development within the unincorporated areas of Nevada County. Ordinance provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare.
2 of 228 10/8/2014 5:56 PM It is unlawful for any person or public agency to establish, construct, reconstruct, alter, replace, or allow any use of land or structure, unless: The use is allowed by Article 2 Zoning Districts within the zoning district and any combining districts that apply to the subject site, consistent with the standards of Section 1.4.D; and 1. The use of land or structure satisfies all applicable requirements of this ordinance, including but not limited to, minimum parcel size, density, intensity of use, and all development standards, and 2. Any Development or Use Permit or other approval required by Article 2 Zoning Districts is first obtained as provided by Article 5 Administration and Enforcement, and any applicable conditions of approval are first satisfied; or 3. The use or structure is determined to be legal and nonconforming, and any changes in such use or structure are consistent with Section 5.18 Legal Nonconforming Uses and Structures. B. Other Easements, Covenants, or Agreements. It is not intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties. However, where this Chapter imposes a greater restriction upon the use of structures or premises or upon height of structures, or requires larger space than is imposed or required by other ordinances, rules or regulations, or by easements, covenants or agreements, the provisions of this Chapter shall govern. C. Inapplicable Uses. The provisions of this Chapter shall have no application to pipelines, regulators, meters and appurtenances, insofar as the State of California or the Public Utilities Commission has preempted the field or passed specific laws or binding regulations concerning the County, excluding structures, directly or indirectly for service to the public or any portion thereof by persons, firms or corporations. In addition, specified uses as found in Section L-II 2.1.D. are exempt from the provisions of this ordinance. Nothing contained in this Chapter shall require any change in the plans, construction or designated use of a structure for which a building permit has heretofore been issued and upon which actual construction has begun. Any structure, use, variance, plan, Use Permit, building permit, etc., granted under provisions of Ordinance Nos. 196, 207, or 500, and amendments thereto, shall be valid in accordance with the provisions and conditions under which it was originally approved. D. References to Other Articles. All references to other Articles are to those Articles contained in this Chapter, unless otherwise specified. Sec. L-II 1.3 Zoning District Maps A. Adoption. Each zoning district map of the County is adopted as part of this Chapter. All regulations governing the uses of land and structures, site development standards, and other provisions as set forth in this Chapter, are applicable to the districts shown on each of the zoning district maps of the County. B. Deemed Part of Article. Each zoning district map showing the classification and boundaries of districts, after its final adoption in the manner required by law, shall be and become part of this Article and said map and all notations, references and other information shown thereon shall thereafter be as much a part of this Article as if all the matters and information set forth by said map were fully provided herein. C. Boundary Establishment. The boundaries of the districts mentioned in Article 2 of this Chapter are those shown on any zoning district map
3 of 228 10/8/2014 5:56 PM adopted by this Article. The regulations of this Chapter governing the uses of land and structures, site development standards, and other provisions as set forth in this Chapter, are to be established and declared to be in effect on all land included within the boundaries of each district shown on each zoning district map. D. Boundary Establishment by Description. Where zoning district maps are established and it is deemed impractical to re-publish the entire map, amendments (changing property from one zone to another) can be accomplished by the adoption of an amending ordinance which describes and illustrates the area to be rezoned. The Planning Department shall cause such amendments to be reflected on the zoning district maps, by the amending ordinance number, within thirty days of the adoption of the ordinance. E. Map Maintenance. The official zoning district maps shall be maintained by and kept on file in the Planning Department. Sec. L-II 1.4 Rules of Interpretation The Planning Director has the responsibility and authority for interpreting the requirements of this Chapter. A. Definitions. Words, phrases and terms defined in Article 6.0 shall have the meaning ascribed to them for purposes of this Chapter. Words, phrases and terms defined in individual Articles shall have the meaning ascribed to them for purposes of those Articles. All other words shall be as defined in the latest edition of Webster s Third New International Dictionary of the English Language. B. Language. When not inconsistent with the context, words in the singular include the plural, words in the plural include the singular. When used in this Chapter, the word shall is mandatory, and the words should or may are permissive or discretionary. Whenever a number of days is specified in the this Chapter, or in any permit, condition of approval or notice issued as provided in this Chapter, such number of days shall be construed as calendar days, except that such time limits shall extend to the following working day where the last of the specified number of days falls on a weekend or holiday. When interpreting and applying the regulations of this Chapter, any such interpretations shall not supersede the provisions of the code and shall be limited to clarifying and supplementing the code. All such interpretations shall be considered to be the minimum requirement, unless stated otherwise. C. Zoning District Boundary. Where uncertainty exists as to the boundaries of any district shown on the Zoning districts maps, the following rules shall apply: 1. Where a boundary is shown as approximately following a parcel line, the parcel line shall be deemed to be the boundary. 2. Where a boundary is not shown to include an adjacent street, alley, or railroad, the boundary shall be deemed to extend to the centerline of the right-of-way. Where a public street, alley, or railroad is officially vacated or abandoned, the regulations applicable to the property to which it reverts shall apply to such vacated or abandoned area. 3. Where a boundary is shown as approximately following a physical feature such as a stream, drainage channel, topographic contour line, or power line, the boundary location shall be determined by the Planning Director, based upon the character of the particular feature used as a boundary. 4. Where a boundary crosses a parcel rather than following a property line, so that a single parcel is covered by 2 zoning districts, the maximum
4 of 228 10/8/2014 5:56 PM number of parcels allowed shall equal the sum of the potential number of parcels for each district, rounded down to a whole number. For example, a 43 acre parcel is divided between AG-10 (31 acres) and AG-30 (12 acres). The potential number of parcels for each district is 3.1 parcels for the AG-10 area and.4 parcels for the AG-30 area. The sum of the potential number of parcels rounded down to a whole number is 3 parcels. 5. Where the Planning Director determines through review of the public record of the Board of Supervisors hearing and action on a rezoning that a zoning boundary or other information on a zoning district map has been drafted in error, the Director shall have the authority to correct the error to make the map consistent with the action of the Board. 6. In all other cases where any uncertainty exists, the Planning Commission shall make recommendations on the location of boundaries to the Board of Supervisors. D. Zoning District Land Use Interpretation. If a proposed use of land is not listed in Article 2 (Zoning Districts), the Planning Director may determine the use to be allowable if the Director finds the use will: 1. Be consistent with the goals, objectives, and policies of the Nevada County General Plan; and 2. Meet the purpose and intent of the zoning district that is applied to the site; and 3. Share characteristics common with those listed in the district and not be of greater intensity or density, generate greater impact on public facilities and services, or generate more environmental impact than the uses listed in the district; and 4. Be treated in the same manner as the listed use including determining where it is allowed, what permits are required, and what standards affect its establishment. Determinations that specific unlisted uses are equivalent to listed uses will be recorded by the Planning Department, and will be incorporated into the ordinance when amendments to the ordinance are next considered. The Planning Director may forward questions concerning equivalent uses directly to the Planning Commission for determination at a public hearing. E. Appeal. Any determination or interpretation by the Planning Director may be appealed to the Board of Supervisors consistent with Article 5 of this Chapter. Sec. L-II 1.5 Conflicting Provisions If conflicts occur between different requirements of this Chapter, including but not limited to conflicts between text and tabular provisions, or between provisions of this Chapter and requirements imposed by other provisions of the Nevada County Land Use and Development Code or other laws, rules, and regulations, the more stringent development requirement or greater restriction on the use of land or structures shall apply. Sec. L-II 1.6 Severability It is hereby declared that the Sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or
5 of 228 10/8/2014 5:56 PM Section of this Code shall be declared to be unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and Sections of this code. ARTICLE 2 ZONING DISTRICTS Sec. L-II 2.1 Establishment of Zoning Districts A. Zoning Districts. In order to classify, restrict and regulate the uses of land and structures and to regulate and restrict the height and bulk of structures and to regulate the area of yards, courts and other open spaces about structures, the unincorporated limits of Nevada County are hereby divided into districts. The following lists all base and combining districts, grouped by land use category. Each district s name and zoning district map symbol are included: Symbol Base Districts Section Residential Districts RA Residential Agricultural L-II 2.2 R1 Single-Family L-II 2.2 R2 Medium Density L-II 2.2 R3 High Density L-II 2.2 Rural Districts AG General Agricultural L-II 2.3 AE Exclusive Agricultural L-II 2.3 FR Forest L-II 2.3 TPZ Timberland Preserve L-II 2.3 Commercial Districts C1 Neighborhood L-II 2.4 C2 Community L-II 2.4 C3 Service L-II 2.4 CH Highway L-II 2.4 OP Office Professional L-II 2.4
6 of 228 10/8/2014 5:56 PM Industrial Districts M1 Light Industrial L-II 2.5 M2 Heavy Industrial L-II 2.5 BP Business Park L-II 2.5 Special Purpose Districts IDR Interim Development Reserve L-II 2.6 OS Open Space L-II 2.6 PD Planned Development L-II 2.6 P Public L-II 2.6 REC Recreation L-II 2.6 Combining Districts AI Airport Influence L-II 2.7.1 HP Historic Preservation L-II 2.7.2 ME Mineral Extraction L-II 2.7.3 MH Mobilehome Park L-II 2.7.4 PD Planned Development L-II 2.7.5 PSAA Potential Snow Avalanche Area L-II 2.7.6 SC Scenic Corridor L-II 2.7.7 SP Site Performance L-II 2.7.8 X Subdivision Limitation L-II 2.7.9 B. District Provisions. All base districts are grouped by like category, including residential, rural, commercial, industrial, and special purpose, and are presented in tabular format. The individual base district Allowable Use Tables provide allowable uses and permit requirements for all base districts. The individual base districts grouped by category provide for the following: 1. Allowed land uses listed by general type of use. 2. Permit requirements for each land use, requiring either zoning compliance review, Development Permit, or Use Permit, as provided for in Article 5 Administration and Enforcement. 3. Specific land use standards for selected uses as provided for in Article 3 Specific Land Use Standards. 4. Site development standards as provided for in Article 4 Site Development Standards. Combining districts may combine with a base district and provide specialized requirements depending upon the combining district s intent. All proposed
32 of 228 10/8/2014 5:56 PM Fencing & Hedges Table 4.2.6.D 4.2.6 Maximum Impervious Surface 85% 60% 4.2.10 On-Site Parking Table 4.2.9.F.12.b 4.2.9 Signs Sign Standards see Section 4.2.12.K 4.2.12 Minimum Road Frontage (2) 150 70 Minimum Parcel Size (2) 15,000 s.f. 7,000 s.f. 4.1.3.E.4.c Footnotes: (1) Setbacks for residential units may be reduced on parcels less than 3 acres subject to Section L-II 4.2.5.G. (2) The minimum parcel size and road frontage required for subdivisions and boundary line adjustments is that shown on the table. Where clustering or a Planned Development is utilized, minimum parcel size and road frontage can vary if adequate provisions are made for the appropriation of water and disposal of sewage consistent with this Code and the protection of public health, safety and welfare. (See Section L-II 4.1.5.) (3) For arterial and collector roads, the front yard and exterior side yard setbacks shall be 10 from the existing or ultimate right-of-way, whichever is greater, with a mean average of 20. (See Section L-II 4.2.5.F.) (4) Significant landscaping shall be incorporated into this setback. (Ord. 2366, 8/13/13; Ord. 2339, 07/12/11; Ord. 2253, 10/23/07; Ord. 2090, 7/9/02; Ord. 2037, 10/3/00) Sec. L-II 2.5 Industrial Districts A. Purpose of Section. 1. To provide appropriate industrial areas for the production, repairing, distribution, and warehousing of goods and equipment, research and development, and supporting commercial businesses and services, that meet the needs of community and provide employment opportunities, consistent with General Plan policy, 2. To provide adequate space to meet the needs of industrial development, promote high standards of site planning and design, and ensure compatibility with surrounding land uses, 3. To ensure adequate levels of public facilities and services, minimize traffic congestion, and facilitate the provision of public improvements commensurate with anticipated increases in industrial land uses. B. Purposes of Individual Districts. 1. BP (Business Park). The BP District provides areas for a variety of related uses, including manufacturing, distribution, processing, service, and research and development uses normally associated with light industries. The intent of this District is to encourage innovative and creative design in the provision of a variety of employment-oriented uses.
33 of 228 10/8/2014 5:56 PM Development should be characterized by spacious and extensively landscaped settings that are attractive and environmentally sensitive. All uses shall be contained within a planned setting reflecting a campus character providing a high level of on-site amenities. Uses that involve any outdoor manufacturing or storage, that emit any appreciable amount of visible gasses, particulates, steam, heat, odor, vibration, glare, dust, or excessive noise, or that generate, emit, or store hazardous materials in excess of the quantities excluded from regulation by Section. L-XI 2.2I of the LUDC, will be mitigated to less than significant. 2. M1 (Light Industrial). The M1 District provides areas for the production, repairing, distribution, and warehousing of goods and equipment, along with supporting businesses and services. Uses should provide for buffering from adjacent land uses to minimize incompatibility and should have convenient, controlled access to arterial or major collector roads without passing through residential areas. 3. M2 (Heavy Industrial). The purpose of the M2 District is similar to that of the M1 District, except that allowed uses are potentially more intensive and may generate greater impacts on adjacent land uses, public facilities and services, and the environment. C. BP Base District Standards. 1. Prior to any site development, the Planning Commission shall approve a Comprehensive Master Plan for the entire site. See Section 5.17 Comprehensive Master Plans and Specific Plans. 2. Accessory Uses. Limited uses that are customarily incidental and directly related to the primary light industrial use may be permitted as part of a mixed use project. Such uses may provide supporting business and service activities for the primary light industrial use and accessory uses for on-site employees. Such uses may be permitted at the same time as or following the establishment of the primary light industrial use, but not before such establishment. It is not the intent of this District to accommodate single-use development which can be located in other districts. 3. Interim Uses. Prior to submittal of a Comprehensive Master Plan, interim uses that do not preclude development of the site for its intended use as designated on the General Plan land use map, and which are consistent with the purpose and intent of the District, may be allowed, subject to the permitting requirements of Table 2.5.D. An interim use shall be defined as a use which does not require construction of a permanent foundation or permanent infrastructure improvements. The land use permit authorizing the interim use shall establish time limits for the interim use. 4. Minor Improvements. Minor improvements may be allowed for uses that are consistent with the purpose and intent of the District, subject to the permitting requirements of Table 2.5.D. Minor improvements shall be limited to remodels that do not result in a more intense land use, and building additions that do not exceed 10% of the existing total gross floor area on a single building site. Existing total gross floor area shall be that area which was legally established prior to the requirement for a Comprehensive Master Plan being established on the site. Table L-II 2.5.D Industrial Districts Allowable Uses and Permit Requirements Key to Land Use Permit Requirements: A Allowed subject to zoning compliance and building permit issuance DP Development Permit required per Section 5.5 UP Use Permit required per Section 5.6 NP Not Permitted
34 of 228 10/8/2014 5:56 PM NA Not Applicable Varies Refer to listed L-II Section for allowable uses and permit requirements ALLOWABLE LAND USES (See Section L-II 1.4.D for Similar Uses) BP M1 M2 L-II Sections Residential Uses Dwelling units as a part of a mixed-use development where residential is not the primary use, and is an integral part of the nonresidential use, not to exceed 4 units per acre. Integral shall mean that all uses are designed and located so as to be visually and functionally related. UP UP UP Temporary use of a mobilehome or an RV during dwelling construction where there is a valid building permit for a dwelling. A A A 3.15 Commercial Uses Accessory uses for employees, including fitness centers, and restaurants, when in combination with support uses does not exceed 10% of the gross floor area of the structures on site. UP DP DP Auto repair within an enclosed structure NP DP DP Auto painting and body work within an enclosed structure. NP DP DP Commercial activities that normally require extensive storage areas including, but not limited to, contractors equipment yard, vehicle storage yard, sales and storage of fuel, building/farm supply, equipment rental, kennels. Day Care Facilities as an accessory, employee use when in combination with accessory uses, does not exceed 10% of the gross floor area of the business park. NP DP DP UP NP NP Fitness Centers UP UP UP Flea Market, permanent NP UP UP Lumberyards NP DP DP Parks if developed as employee accessory uses. UP UP UP Parking facilities not attached to a specific use UP UP UP Personal mini storage buildings NP UP UP Shooting ranges, indoor NP UP UP Support uses for the primary light industrial use, including offices, services and retail sales associated with the marketing of products produced on-site, when in combination with accessory uses does not exceed area of the structures on site. DP DP DP Temporary Commercial Uses A A A 3.23 Medical Marijuana Dispensary NP NP NP Adult Businesses, Existing Structure NP A NP 3.29; G-III 13
35 of 228 10/8/2014 5:56 PM ALLOWABLE LAND USES (See Section L-II 1.4.D for Similar Uses) BP M1 M2 L-II Sections Adult Businesses, New Construction NP DP NP 3.29 and G-III 13 Industrial Uses Light industrial including research and development, the manufacturing, production, repairing, distribution, fabrication, processing, wholesaling, and warehousing of a wide variety of goods. DP DP DP Any other intensive industrial use not allowed in the BP or M1 Districts. NP NP UP Auto painting and body work NP DP DP Hazardous waste management facilities for waste produced on-site. A A A Hazardous waste management facilities for waste produced off-site. NP UP UP Mini-storage buildings for personal or commercial storage (does not include the conduct of business from a storage building. DP DP DP Parking facilities not attached to a specific use. Varies NA NA 2.7.10 Power plants, private, including biomass fuel production. NP UP UP Ready mix, asphalt, or concrete plants NP UP UP Recycling centers NP UP DP Recycling collection facilities DP DP DP Research and development activities DP DP DP Salvage enterprises; auto, trucks, and equipment dismantling yards. NP NP UP Storage of explosives NP UP UP Storage and distribution of bulk petroleum products. NP UP UP Agricultural, Resource, and Open Space Uses Crop and Tree Farming A A A 3.3 Pre-Grading not associated with a specific development project NP DP DP 3.28 Table L-II 2.5.E Industrial Districts Site Development Standards Key to Site Development Standards: ROW Right-of-way, Ultimate (see definition in Article 6)
36 of 228 10/8/2014 5:56 PM C/L Centerline L-II SECTION Refer to listed L-II Section for site development standards SITE DEVELOPMENT STANDARDS BP M1 M2 L-II Sections Setback Standards (1) Front yard (ROW at least 50 in width) (3) 10 from ROW (with mean average 20 ) 4.2.5.E Front yard (ROW less than 50 in width) (3) 35 from ROW C/L (with mean average 45 ) 4.2.5.E Exterior yard (ROW at least 50 in width) 50 10 from ROW (with mean average 20 ) 4.2.5 Exterior yard (ROW less than 50 in width) 50 35 from ROW C/L (with mean average 45 ) 4.2.5 Interior yard 50 0 4.2.5 Rear yard 50 0 (Through parcels: Rear = Front setback) 4.2.5 Other Standards (See Sections 4.2 Design Standards & 4.3 Resource Standards) Building Height Limit 45 4.2.4 Fencing & Hedges Table 4.2.6.D 4.2.6 Maximum Impervious Surface 50% 85% 4.2.10 On-Site Parking Table 4.2.9.F.12.b 4.2.9 Signs Sign Standards see Section 4.2.12.K 4.2.12 Minimum Road Frontage (2) 150 Minimum Parcel Size (2) 1.5 acres 15,000 s.f. 4.1.3.E.4.c Footnotes: (1) Setbacks for residential units may be reduced on parcels less than 3 acres subject to Section L-II 4.2.5.G. (2) The minimum parcel size and road frontage required for subdivisions and boundary line adjustments is that shown on the table. Where clustering or a Planned Development is utilized, minimum parcel size and road frontage can vary if adequate provisions are made for the appropriation of water and disposal of sewage consistent with this Code and the protection of public health, safety and welfare. (See Section L-II 4.1.5.) (3) Significant landscaping shall be incorporated into this setback. Sec. L-II 2.6 Special Purpose Districts A. Purpose of Section. The purpose of this Section is to provide for a variety of zoning districts that further the intent of the General Plan and
117 of 228 10/8/2014 5:56 PM b. That the parcel being created satisfies the requirements for an environmental subdivision, consistent with the provisions of Government Code Section. 66418.2. The remainder parcels from which such public use or environmental protection purpose parcels are created pursuant to this subsection, shall comply with the minimum parcel sizes required by General Plan Policy 3.19. Any parcel created pursuant to this subsection may not be used for any purpose other than that for which it was created; provided, however, that if any such parcel is legally merged with any contiguous parcel, such parcel/property may thereafter be used for any lawful purpose allowed under the zoning then in effect for the property to which is was merged. The document used to record the division shall contain a note advising that the use is so restricted. Sec. L-II 4.1.7 Noise A. Purpose. The purpose of these regulations is to ensure that future development minimizes unnecessary and annoying noise, by establishing maximum noise levels and standards for evaluating potential noise impacts. B. Applicability. Noise standards shall apply to all discretionary projects, including Development Permits and Use Permits, unless otherwise excepted in this Section. C. Definitions. 1. dba - The A-weighted scale for measuring sound in decibels (a unit used to express the relative intensity of a sound as it is heard by the human ear). This logarithmic scale reduces the effects of low and high frequencies in order to simulate human hearing. 2. Leq - The energy equivalent level, defined as the average sound level on the basis of sound energy (or sound pressure squared). It is the level of constant sound which, in a given situation and time period, has the same sound energy as does a time varying sound. 3. Lmax - The maximum sound pressure level for a given period of time. D. Noise Standards. All land use projects requiring a Development Permit or a Use Permit shall comply with the noise standards provided herein. Permitted residential land uses, including parcel and tentative maps, are not subject to these standards. Table L-II 4.1.7 Exterior Noise Limits Land Use Category Zoning Districts Time Period Noise Level, dba Start End L eq L max Rural AG, TPZ, AE, OS, FR, IDR 7 am 7 pm 55 75 7 pm 10 pm 50 65 10 pm 7 am 40 55
118 of 228 10/8/2014 5:56 PM Residential and Public RA, R1, R2, R3, P 7 am 7 pm 55 75 7 pm 10 pm 50 65 10 pm 7 am 45 60 Commercial and Recreation C1, CH, CS, C2, C3, OP, REC 7 am 7 pm 70 90 7 pm 7 am 65 75 Business Park BP 7 am 7 pm 65 85 7 pm 7 am 60 70 Industrial M1, M2 any time 80 90 1. A comprehensive noise study shall be prepared for all projects requiring a Development Permit or a Use Permit and which have a potential to create noise levels inconsistent with the standards contained herein. The study shall be prepared in accordance with the methodology identified in the Noise Element Manual contained in General Plan, Volume 2, Section 3 - Noise Analysis Appendix A, Table A-1. 2. Projects with the potential for generating noise impacts shall incorporate design controls that assist in minimizing the impacts through the use of increased setbacks, landscaped earthen berms, solid fencing, placement of structures or other effective means. 3. Compliance with the above standards shall be determined by measuring the noise level based on the mean average of not less than three 20 minute measurements for any given time period. Additional noise measurements may be necessary to ensure that the ambient noise level is adequately determined. All measurements shall be conducted by a qualified person experienced in the field of environmental noise assessment and architectural acoustics. 4. Where 2 different zoning districts abut, the standard applicable to the lower, or more restrictive, district plus 5 dba shall apply. 5. The above standards shall be measured only on property containing a noise sensitive land use, including residences, schools, hospitals, nursing homes, churches, and libraries, and may be measured anywhere on the property containing said land use. However, this measurement standard may be amended to provide for measurement at the boundary of a recorded noise easement or as determined in a recorded letter of agreement between all affected property owners and approved by the County. 6. If the measured ambient level exceeds that permitted, then the allowable noise exposure standard shall be set at 5 dba above the ambient. 7. Because of the unique nature of sound, the County reserves the right to provide for a more restrictive standard than shown in the Exterior Noise Limits Table. The maximum adjustment shall be limited to be not less than the current ambient noise level and shall not exceed the standards of this Section. Imposition of a noise level adjustment shall only be considered if one or more of the following conditions are found to exist: a. Unique characteristics of the noise source: 1) The noise contains a very high or low frequency, is of a pure tone (a steady, audible tone such as a whine, screech, or hum), or contains a wide divergence in frequency spectra between the noise source and ambient level; 2) The noise is impulsive in nature (such as hammering, riveting, or explosions), or contains music or speech; 3) The noise source is of a long duration, defined as a cumulative period of more than thirty minutes in any hour.
193 of 228 10/8/2014 5:56 PM Sec. L-II 5.16 Guarantee of Performance A. Security Required. Applicants with approved projects may commence operations prior to the issuance of a final certificate of occupancy if a Security guaranteeing the installation of the required improvements is provided. A condition providing for such Security shall be included in the approved land use permit. B. Limitations and Findings. When any improvements are required as a condition of approval of any permit issued pursuant to this Chapter, compliance therewith may be gained and a temporary occupancy granted, limited to a maximum of one year, if: 1. A finding can be made that no adverse impacts (either interim or long-term) will result from the interim use of the property without full compliance with the conditions to be deferred; and if 2. A site improvement agreement is executed by and between the County and the developer specifying the terms and conditions for any such interim occupancy together with the posting of adequate Security all to be in the form acceptable to County Counsel and shall be approved by the Board of Supervisors. C. Posting. The guarantee shall be posted with the Planning Department, with the County of Nevada named as beneficiary. D. Form of Security. A Security or other guarantee shall be in a form approved by the County Counsel, including default provisions, and shall provide that in the event suit is brought upon the surety by the County and judgment is recovered, the surety shall pay all costs incurred by the County in such suit including reasonable attorney s fees to be fixed by the Court. E. Amount of Security. The guarantee shall be an amount based on an estimate of an engineer, architect or landscape architect which is equal to the actual cost of completing the specified improvements, restoration, or satisfying conditions of approval, plus 25 percent to compensate for increased cost in materials and labor; provided, however, that where a guarantee is required by a land use permit, conditions of approval to preserve identified site features, the guarantee shall be in such an amount as the Planning Agency deems necessary to assure compliance with applicable conditions. F. Release of Security. At the request of an applicant, or prior to the expiration of a Security or guarantee, the Planning Director will review the project, and issue a completion statement if all provisions of this Chapter and conditions of approval have been met. Upon issuance of the completion statement, the guarantee, Security or cash deposit will be released. If the Planning Director determines that the project does not meet the applicable requirements, the applicant shall be notified in writing of such deficiencies. A time period for their corrections shall be mutually agreed upon by the applicant and the Planning Director, with the Security being held until all requirements have been met. In cases where no agreement is reached, following written notification by the Planning Director, or where an agreed time period for completion is exceeded, the Security shall be called and the County shall have the authority to contract for the work. Nothing contained in this Article shall be construed to authorize the delay of complying with all sanitation and building laws and ordinances. Sec. L-II 5.17 Comprehensive Master Plans, Zoning Maps and Specific Plans A. Purpose. A Comprehensive Master Plan is required for all properties within the BP, REC, and PD (base and combining Districts) Districts. It is intended to provide for the comprehensive planning of the entire area within said districts. The Specific Plan is required for all properties designated as a
194 of 228 10/8/2014 5:56 PM Special Development Area in the General Plan and is intended, in part, to comply with the provisions of Government Code 65450 et seq., as well as other provisions as provided in the General Plan policy 1.5.u. Said Plans shall ensure that the total area dedicated to each specific land use must not exceed the acreage allowed by the General Plan land use maps. Said Plans shall ensure that the total area dedicated to each specific land use must not exceed the acreage allowed by the General Plan land use maps. However, acreage other than open space may vary from that otherwise allowed by the General Plan maps to accommodate site-specific conditions provided the cumulative change does not exceed 5% of the total parcel(s) acreage. Unless otherwise modified by an adopted Rural Center (RC) Combining District, the processing and content of a Comprehensive Master Plan shall be required as provided herein. B. Definitions Analysis. For the purpose of this section, analysis shall mean the compilation and evaluation of factual data on each of the component parts, sufficient to reach an informed decision, including but not limited to, an identification and description of the feature or facility listed, including the adequacy of each element to serve the proposed project. C. Process. Said Plans shall be adopted through a Use Permit approved by the Planning Commission. They may also be implemented through the use of the SP Site Performance Combining District where warranted to ensure consistency in Plan implementation. Individual development projects implementing said Plans shall be processed consistent with the provisions of this Chapter. To encourage efficiency in the development review process, adoption of said Plans shall be considered concurrently with a development project. However, the County may allow for the processing of a development project separate from said Plans where specific economic, legal, social, technological, or other considerations make concurrent processing infeasible, and consistency with the purpose of the applicable General Plan designation is maintained. D. Comprehensive Master Plan. The Comprehensive Master Plan shall provide for the analysis of the entire site and allocation of proposed mixed uses. The Plan shall reflect the following features: 1. An exhibit map/site plan that reflects the following: a. Mapping that depicts topography and clearly identifies the important resources and constraints identified in the Resource Standards of this Chapter. b. Zoning district boundaries, emphasizing the clustering of the most intensive zoning districts in those areas where resources and constraints are least prevalent. c. Existing and proposed infrastructure including facilities for water, sewage disposal, utilities, fire protection, drainage, and similar facilities. d. On- and off-site circulation features including existing and proposed roads, primary access points, emergency access, and pedestrian and bicycle pathways. Ensure a high degree of accessibility to the arterial and major collector road system on internal vehicular and pedestrian circulation system designed to provide safe and convenient linkage between the various uses. e. Within each land use designation depict building envelopes, emphasizing the clustering of intensive land uses while minimizing impacts on the site s resources and aesthetic values. Building envelopes shall be defined as the expected maximum building and parking lot areas, conceptually defining the location of major parking areas which shall be located to reflect an orientation internal to the site, minimizing their visibility from major roadways (freeways, highways and major arterials).
195 of 228 10/8/2014 5:56 PM f. Location and extent of major landscaping areas. g. Location and extent of required open space areas, based on constraints and hazards delineated on the Constraints Map. 2. A Comprehensive Master Plan Text that includes a discussion of the Resources and Constraints Map and Master Plan as needed to tie in relevant General Plan issues and policies. The following specific items shall be included in the text: a. An analysis of existing and proposed infrastructure including facilities for water, sewage disposal, utilities, fire protection, drainage, and similar facilities. b. An analysis of off-site and on-site circulation features, including existing and proposed roads, primary access, emergency access, and pedestrian and bicycle pathways. c. Provisions for phasing of development, if applicable, and how each phase will provide for needed off-site circulation and other infrastructure improvements concurrent with development, in accordance with adopted mitigation measures or conditions of approval. d. A management plan for permanent open space, including a mechanism for ongoing maintenance. e. A visual assessment that includes an identification of important views, view corridors, and community design features. The assessment shall include both a written description and photographs that document surrounding natural or man-made features that define the setting and context for the project. f. Site and architectural design strategies to ensure both on-site and off-site compatibility of all existing and proposed land uses, including site development standards and architectural guidelines unique to the proposed property. Exhibits, pictures, and/or drawings that represent proposed design features shall be provided. E. Zoning Map. The intent of the Zoning Map that accompanies a Comprehensive Master Plan is to provide for sufficient analysis to properly locate specific zoning district boundaries. The Zoning Map shall ensure that the total area dedicated to each specific land use does not exceed the acreage allowed by the General Plan land use maps. However, acreages (other than open space) may vary from that otherwise allowed by the General Plan maps to accommodate site-specific conditions, provided the cumulative change does not exceed 5% of the total parcel(s) acreage. 1. Processing. Adoption of a Zoning Map shall constitute a rezoning and shall be a legislative act. To ensure the site is comprehensively planned as a unit, the Zoning Map and Comprehensive Master Plan or Specific Plan shall be processed concurrently. However, the County will allow for the processing of the Zoning Map prior to and separate from the Comprehensive Master Plan or Specific Plan where specific economic, legal, social, technological, or other considerations make concurrent processing infeasible, and consistency with the purpose of the applicable General Plan designation is maintained. 2. Zoning Map Contents. The Zoning Map shall provide for the location of all proposed boundaries based on an analysis of those resources and constraints found in the Resource Standards of this Chapter. The Map shall include resource and constraint layering. The analysis shall include biological and cultural resource inventories consistent with the provisions of the Resource Standards. The Map may utilize the SP Site Performance Combining District to address resource protection features associated with the rezoning. F. Specific Plan. The Specific Plan shall provide for an integrated planned development ensuring employment generation and a variety of supporting land uses. It shall include: 1. Incorporation of the Zoning Map or its equivalent. 2. Provisions for the distribution, location, and extent of the uses of land and major infrastructure on the site.