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These are some of the questions we're asked most frequently. If you don't see your question here, try using the MyNevadaCounty.com FAQ Search.
- What are the fees for different Planning Department services?
All CDA Fee Schedules are available for download from our DocuShare Public Documents Collection.
- What is my Zoning and how do I change it?
The Nevada County Zoning Ordinance establishes 21 Base Zoning Districts and nine Combining Districts. Base districts establish allowable uses and the site development standards for your property. Combining districts provide any additional or unique requirements that may apply to your property. All properties have a base zoning. Only some properties have combining districts.
Every parcel has a specific zoning designation, such as Commercial, Residential or General Agricultural. Do not assume your zoning is the same as your neighbor's zoning. Zoning designations are shown on official Zoning District Maps, usually combined with a numerical symbol that shows the minimum parcel size and/or the maximum allowable density. For example, if your property is zoned "AG-10-ME," your base zoning is General Agricultural, the minimum parcel size for subdividing is 10-acres, and there is a "Mineral Extraction" combining district attached.
While it is not typical, zoning can change without notice so it is in your best interest to check your zoning before you plan to sell, or develop you property.You will need to know the address or Assessor's Parcel Number of the property for which you are seeking information.
You may obtain your zoning in any of these ways: - Email the Planning Department
- View the Geographic Information Services (GIS) kiosk (computer) that is set up in the lobby of the County Administrative Center. That kiosk provides easy to understand directions for viewing and printing a map of any property and obtaining miscellaneous information, including zoning.
- Use our online GIS Interactive Mapping System (you must be using Microsoft Internet Explorer to use this Internet service). The Internet service does not include protected information such as the owner's name.
When you are advised that your property is not zoned to allow subdivision, or if a use you want to establish is not allowed by zoning, the next most common question is, "How can I change my zoning?"
All zoning must be consistent with the County's adopted General Plan. In many instances, changes to the zoning map will also require a change to the General Plan map. In order to amend the General Plan, you must be able to demonstrate that the change is in the public interest ("What public benefit will result from the change?"), and that the change is consistent with General Plan Goals and Policies. You should also evaluate whether there have been significant changes to infrastructure in the project area, e.g., "What new services are available to your property that were not available when the current General Plan took effect?" For specific questions and discussion about amending either the zoning or General Plan, you should make an appointment with a County Planner by calling 265-1222 or 265-1440.
- How do I get a map of my property?
The Community Development Agency does not maintain official maps or recorded deeds of individual properties. If a site plan was prepared for a previous permit, that plan may be available. Many County offices use the County Assessor's Parcel Maps for reference in determining the proximity and shape of all parcels within the County, including the cities. (To visit the Office of the Assessor Website, click here.)
Assessor's maps provide a great deal of useful information, including the boundaries of cities and special districts, delineated by Tax Area Codes; they may reflect recorded easements, and they may specify a recorded map number. Assessor's parcel numbers are assigned for tax purposes and do not necessarily reflect legally created parcels. One legally created parcel may contain one or more Assessor's Map numbers, especially if the property is divided by a road, a creek or a special district. Do not assume that this map reflects a legal parcel, multiple parcels or legal boundaries. You may obtain a map from the GIS kiosk (see Question # 1) or the online GIS Interactive Mapping System.
The Office of the Nevada County Recorder (530-265-1221) maintains all officially recorded Parcel Maps and Final Maps (subdivisions) and Records of Survey. If your property has never been surveyed, there may not be an official map available.
- Can my property be subdivided?
The ability to subdivide property depends on a number of things. The first criteria is always the minimum parcel size or density established by the General Plan and zoning map. If you are zoned for 5-acre parcels, that means you must have acreage equal to 5 acres per dwelling unit. If the "density" can be satisfied, the answer is then "maybe." The proposed land division must be able to satisfy requirements for sewage disposal and water supply, and adequate access. The subdivision must also be designed to avoid environmentally sensitive resources as defined by County Zoning Regulations.
For detailed information on the procedures that are required before land can be subdivided, you can obtain a copy of the Tentative Map Guidelines from the CDA Customer Service Center. To discuss specific issues or concerns about your property you should make an appointment with a County Planner (530/265-1222). The Tentative Map Guidelines may also be downloaded in Adobe Acrobat PDF format by clicking HERE.
- What are my Building Setbacks?
A setback is the distance between a structure and a property line, a natural feature, a road right-of-way, and other improvements. In all residential and rural zoning districts, setbacks are required from all property lines and roadways.
Setbacks vary with zoning but can also be affected by further restrictions recorded on subdivision maps. Front yard road setbacks for residential uses are 20 feet from the edge of the road right-of-way (not the edge of pavement), or 45 feet from the centerline of the road right-of-way, whichever is greater. All residential and rural properties must maintain a 30 foot setback from the side and rear property lines; however, if your parcel is less than three acres in size and your property is served by public water, the setback from the side property line can be reduced to 10 feet, and the rear setback reduced to 20', subject to certain fire protection measures.
The front property line is the side containing the road right-of-way or easement. The rear property line is the line opposite the front line. For determining setbacks on corner properties, the front line is the shorter line abutting the road (NOT the driveway access). Section L-II 4.2.5.E. of Zoning Regulations can assist in determining which is the front property line for unusual property configurations.
The Zoning Regulations are available on-line from the Planning Department by clicking HERE. (This is a Microsoft Word file, appx. 1.4Mb in size.)
- Can I put a second dwelling on my property?
In areas that are zoned to allow single-family residential homes, there are also provisions for additional dwelling units, without subdividing your property. In most cases, your property must be able to satisfy the density established by its zoning. For example, if you are zoned RA-5, you may have one dwelling unit for each five acres (however, a minimum parcel size is not required for one dwelling).
All second dwelling units will require a land use permit issued by the Planning Department, requiring review for compliance with applicable standards, including possible road improvements. The following types of additional dwelling units are allowed:
- Second dwelling units are allowed in all residential and rural zones. These units (that used to be commonly referred to as "granny houses") are not subject to zoning density and no longer have the age restrictions. However, they do have limitations on size, and may require wheelchair accessibility improvements. The units require that you obtain an Administrative Development Permit from the Planning Agency before obtaining a building permit. Informational packets are available at the CDA public counter.
- Where a property does satisfy zoning density for more than one dwelling unit, a use permit is required before obtaining a building permit. The ordinance defines these additional units as "Dwelling groups" that may be attached or detached. There are no limitations on occupancy of dwelling groups; they may be occupied by caretakers, family members, or as rentals.
- Employee Housing that does not satisfy zoning density is allowed, subject to a approval of a use permit, where the employee is engaged in on-site employment (or on a site under the same ownership) resource-based use (i.e. mineral extraction, timber harvesting and agricultural operations). Section L-II 3.10 of Zoning Regulations provides specific detail regarding the limitations on this type of housing.
- On commercial and industrially zoned properties, a maximum four dwelling units per acre are allowed, in conjunction with development of the intended commercial or industrial use. Establishing dwelling units in a commercial or industrial zoning district requires a use permit.
- Who is authorized to prepare biological inventories in the unincorporated County?
Only biological consultants that have been pre-qualified by the County are authorized to prepare these inventories. Click check our public documents collection to download the current list of Pre-Qualified Biological Consultants.
- How do I file a land use complaint?
Land use complaints can be filed at the CDA Customer Service Center at the Nevada County Administrative Center. All formal complaints must be filed on the official form, and must be signed. The name of the complainant is confidential. If you have questions concerning the filing of a complaint, contact the Code Compliance Division of the Community Development Agency at (530) 265-1362, or visit the Code Compliance Division section of our Website.
- Is my property in a floodplain?
In 1983 Nevada County officially adopted the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps for most of Nevada County. These maps indicate the approximate location of the floodplains for the major drainage courses within the County. Floodplains may be mapped for entire properties or portions of properties. The maps are available for viewing at the CDA Customer Service Center.
Constructing or placing fill within a floodplain requires a use permit. Additionally, zoning regulations establish a 100 foot non-disturbance buffer from the boundaries of a floodplain. If you propose construction in or near a floodplain you are advised to obtain a copy of the County Floodplain Ordinance and/or the Zoning Regulations for reducing buffer areas. Copies are available at the Customer Service Center.
- Can I have animals on my property?
Sec. 3.4 of the Zoning Ordinance establishes an animal density standard for the keeping of animals where no commercial activity is involved, as long as they are cared for in a manner that does not create a public nuisance or health problem.
In Rural zoning districts (e.g. the AG, AE, and FR), there is no limit on the number of animals, including cats and dogs.
In Residential districts, there are maximums for parcels that are less than 0.5 acre in size, i.e., three dogs or cats (over six months of age) or 50 fowl. For specific detail and additional restrictions, you should always check the ordinance. Again, Zoning Regulations are online right HERE.
- What are the timelines for processing land use permits?
Generally, the following timelines are established for permits requiring Planning Department review; however, applications that are incomplete or that trigger the need for additional information may result in delays:- Review of Building or Grading Permits: 5 working days unless environmental review is required for the grading permit.
- Administrative Development Permits ("granny houses," Home Businesses, new signs, Large Family Day Care Homes, 2-4 Multiple-family dwelling units): 30-36 days.
- Lot Line Adjustments or Pre-Application Reviews: 45 days
- Zoning Administrator or Planning Commission projects: 84 days for projects requiring environmental review; 60-64 days for those that are exempt. You may wish to download a helpful, one-page Processing Schedule and Timeline.
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