Chapter 18.20 - Overlay Zoning Districts

Sections:

18.20.010 - Purpose of Chapter
18.20.020 - Applicability
18.20.030 - Airport Operations (-AO) Overlay District
18.20.040 - Historic Preservation (-HP) Overlay District
18.20.050 - River Protection (-RP) Overlay District
18.20.060 - Snow Avalanche (-SA) Overlay District

18.20.070 - Commercial Row (-CR) Overlay District

18.20.010 - Purpose of Chapter

The overlay zoning districts established by this Chapter provide guidance for development and new land uses in addition to the standards and regulations of the primary zoning districts, where important site, neighborhood, or compatibility issues require particular attention in project planning.

18.20.020 - Applicability

The applicability of any overlay zoning district to specific sites is shown by the overlay Zoning Map symbol established by Section 18.06.020 (Zoning Districts Established), being appended as a suffix to the symbol for the primary zoning district on the Zoning Map (for example, RS-1-SA). The provisions of this Chapter apply to proposed land uses and development in addition to all other applicable requirements of this Development Code. In the event of any perceived conflict between the provisions of this Chapter and any other provision of this Development Code, this Chapter shall control.

18.20.030 - Airport Operations (-AO) Overlay District

A. Purpose. The purpose of the Airport Operations (-AO) overlay district is to regulate land uses in the vicinity of the Truckee-Tahoe Airport and below areas where aircraft perform approach and departure maneuvers, recognizing that certain land uses and site development characteristics may conflict with the safe and efficient operation of airports and aircraft. The intent of this overlay district is to protect people and property both in the air and on the ground by regulating buildings and structures that may affect navigable airspace, consistent with Federal regulations, and to minimize noise and other conflicts between airport operations and surrounding land uses.

B. Applicability. The -AO overlay district may be combined with any residential, commercial, manufacturing/industrial, or special purpose zoning district established by Section 18.06.020 (Zoning Districts Established). The -AO overlay district is established, and shall be applied and shown on the Zoning Map to:

1. Areas below the imaginary surfaces above and around the airport established in compliance with the Federal Aviation Regulations, Volume XI, Part 77, of the U.S. Federal Aviation Administration (FAA);

2. Safety areas surrounding the airport as identified in the Truckee-Tahoe Airport Comprehensive Land Use Plan adopted by the Foothill Airport Land Use Commission; and

3. Areas subject to high noise levels from aircraft operations.

C. Allowed land uses and development standards. Any land use normally allowed in the primary zoning district by this Article may be allowed within the -AO overlay district subject to compliance with the height, safety, and noise restrictions established by Chapter 18.64 (Truckee-Tahoe Airport Area Restrictions), all applicable requirements of the primary zoning district, and all other applicable provisions of this Development Code.

D. Permit requirements. Development and new land uses within the -AO overlay district shall obtain the land use permits required by this Article for the primary zoning district.

18.20.040 - Historic Preservation (-HP) Overlay District

A. Purpose. The -HP overlay district is intended to safeguard the Town’s unique cultural heritage as embodied and reflected in the Town's architectural history and patterns of cultural development; to preserve diverse architectural styles, patterns of development, and design preferences reflecting phases of the Town's history and to encourage complementary contemporary design and construction and inspire a more livable urban environment; to protect and enhance the Town’s attraction to tourists and visitors thereby stimulating business and industry; to identify as early as possible and resolve conflicts between the preservation of cultural resources and alternative land uses; to integrate the preservation of cultural resources into public and private land use management and development processes. Development standards for this district address new development, alterations and modifications to existing buildings and structures, demolition of historic buildings and structures, and the identification and protection of subsurface historic and archaeological resources.

B. Applicability.

1. The -HP overlay district may be combined with any residential, commercial, manufacturing/industrial, or special purpose zoning district established by Section 18.06.020 (Zoning Districts Established). The -HP overlay district is established, and shall be applied and shown on the Zoning Map to those areas of the Downtown Study Area with concentrations of historic buildings and structures that contribute to the downtown's historic character.

2. The -HP overlay district and the requirements of this section shall not apply to railroad and railroad-related operations, activities, and facilities within the Union Pacific Railroad right-of-way and operating properties if the application of such requirements would interfere with the railroad, railroad-related operation, activity, or facility.

C. Allowed land uses. Any land use normally allowed in the primary zoning district may be allowed within the -HP overlay district, except as provided for in Subsection G. (Special Use Standards for Historic Resources).

D. Permit requirements. Proposed development and new land uses within the -HP overlay district shall obtain the land use permits required by this Article for the primary zoning district.

E. Development standards. Proposed development and new land uses within the -HP overlay district shall comply with all applicable requirements of the primary zoning district, all other applicable provisions of this Development Code, and the applicable requirements of Chapter 18.26 (Historic Preservation Design Guidelines).

F. Demolition or destruction. No historic resource, or portion thereof, shall be relocated, moved, torn down, or demolished, except in compliance with the requirements of Chapter 18.83 (Demolition Review).

G. Special use standards for historic resources. To encourage preservation of historic resources, the following land use incentives are provided for historic resources:

1. Additional density in DRS and DRM districts. Historic resources in these districts may be used as multi-family dwelling structures, up to a maximum of one dwelling unit for each 1,000 square feet of site area. The historic resource may be expanded and new floor area used for additional dwelling units if the expansion is approved through the historic design review procedure.

2. Additional density in DRH district. Historic resources located in this district may be used as multi-family dwelling structures with no maximum density. All of the existing floor area of the historic resource may be used for dwelling units and accessory use. The historic resource may be expanded and new floor area used for additional dwelling units if the expansion is approved through the historic design review procedure.

3. Bed and breakfasts in DRS, DRM, DRH, and DMP districts. Bed and breakfasts shall be a permitted use in historic resources located in these districts. Guest rooms available for rent are limited to a maximum of five rooms.

4. Non-residential uses in DRS, DRM, DRH, and DMP districts. Historic resources located in these districts may be used for those commercial uses listed in the DMU district subject to compliance with the permit requirements and development standards of the DMU district and other applicable provisions of this Development Code.

5. Historic Variances. Historic resources may be granted an historic variance to the development standards of this Development Code in compliance with Section 18.82.050 (Historic Variances).

H. Duty to keep in good repair. The owner, occupant, or other person in charge of a historic resource or an improvement, building, or structure in the -HP district shall keep in good repair all of the exterior portions of such improvement, building, or structure, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. All such improvements, buildings, or structures shall be preserved against such decay and be kept free from such structural defects through the prompt repair of any of the following:

1. Faces which may fall and injure members of the public and property;

2. Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports;

3. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which age, split, or buckle due to defective material or deterioration;

4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors;

5. Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering; and

6. Any fault or defect in the building which renders it not properly watertight or structurally unsafe.

It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in maintaining improvements, buildings, and structures in good repair and the prompt correction of violations. Informal notice may precede formal notice and other initial enforcement action set forth in Section 18.200.050 (Initial Enforcement Action). Often, the Code violation can be resolved as a result of informal notice, which saves time, money, and resources of all persons involved.

18.20.050 - River Protection (-RP) Overlay District

A. Purpose. The -RP overlay district is intended for those areas of the Downtown Study Area adjacent to the Truckee River where sensitivity and special attention is required in project design, including but not limited to setbacks from the Truckee River, additional landscaping and screening to protect views from the river corridor, building designs compatible with the river’s natural environment, preservation of public access to the river corridor, and protection of natural environmental features such as riparian vegetation, wetlands, and wildlife habitat.

B. Applicability. The -RP overlay district may be combined with any Downtown residential, commercial, manufacturing/industrial, or special purpose zoning district established by Section 18.06.020 (Zoning Districts Established).

C. Allowed land uses and permit requirements. Any land use normally allowed as a permitted or conditional use in the primary zoning district by this Article may be allowed within the -RP overlay district subject to approval of a use permit by the Planning Commission in accordance with Chapter 18.76 (Use Permits and Minor Use Permits).

D. Development standards. Proposed development and new land uses within the -RP overlay district shall comply with the development standards of the primary zoning district, all other applicable provisions of this Development Code, and the following requirements:

1. Setback requirements. Proposed development shall be set back from the Truckee River 100 year flood plain based on the unique topographic features of each site within the RP overlay zone. Specific setbacks shall be established through the project approval process, and shall be determined based on the following criteria:

a. Along East River Street, the setback shall be the minimum horizontal distance from the edge of the 100-year floodplain which is one foot above the base flood elevation. The setback shall be measured from the natural elevation of the property. The setback line may not be modified by raising the property above the base flood elevation through the use of fill or other similar materials. See Figure 3-18.

b. Within the Truckee River Master Plan area, the setback shall extend from the boundary of the 100 year floodplain up to the top of the defined bench, which is located approximately 140 feet from the northerly property boundary at its easterly end, tapering out to 300 feet from the northerly property line at the property’s westerly end. The setback on the Truckee River Department of Fish and Game parcel (1998 APN 19-30-05) shall be similar to the parcel described above, and based on the unique characteristics and limited development potential of the subject parcel.

c. On parcels located between the Truckee River and West River Street, the setback shall be 75 feet from the boundary of the 100-year floodplain.

2. Allowed uses within required setbacks. The following uses are allowed within the setback areas required by Subsection D.1 above:

a. Paved or unpaved bike lanes and pedestrian/equestrian paths;

b. Nature preserve; and

c. Picnic tables.

3. Siting and design. Development shall blend into the natural setting through attention to topography and orientation, earthtone colors, and use of natural materials, and landscaping.

4. River access. In compliance with the requirements of the Subdivision Map Act, public access to the Truckee River shall be permitted within the designated setback areas through dedication of a public access easement or similar mechanism.

5. Screening requirements. New development shall be screened from the river corridor with landscaping which is compatible with the riparian environment.

6. Outdoor storage. Outdoor storage of materials, merchandise, and heavy equipment on parcels adjacent to the Truckee River shall be prohibited.

7. Revegetation requirements. In order to prevent bank erosion and restore wildlife habitat, a riparian revegetation program shall be required prior to approval of a new development project on property where past development practices have resulted in removal of most or all riparian vegetation from the river bank. The riparian vegetation program shall be prepared by a qualified biologist or landscape architect, who shall determine the appropriate mix and density of species to restore wildlife values over time and protect from bank erosion.

18.20.060 - Snow Avalanche (-SA) Overlay District

A. Purpose. The -SA overlay district is intended to identify those areas where, after investigation and study, the Town finds that an avalanche potential exists because of steepness of slope, exposure, snow pack composition, wind, temperature, rate of snowfall, and other interacting factors.

B. Applicability. The -SA overlay district boundaries shall be those specifically identified areas within the Town subject to potential avalanche danger. Classifications of the -SA boundaries are identified by hazard potential severity, and the overlay locations are delineated as:

1. High Hazard;

2. Moderate Hazard; and

3. Low Hazard.

Where only a portion of a parcel is affected by the district boundaries, the provisions of this district shall be applicable only if the district boundaries bisect any portion of any structure.

C. Allowed land uses. Any land use normally allowed as a permitted use in the primary zoning district by Tables 2-2, 2-3, 2-6, 2-7, or 2-9 (Allowable Land Uses and Permit Requirements) may be allowed within the -SA overlay zoning district. Land uses identified by Tables 2-2, 2-3, 2-6, 2-7, or 2-9 as conditional uses shall be prohibited within the -SA overlay district.

D. Permit requirements. Development and new land uses within the -SA overlay district shall obtain the land use permit required by this Article for the primary zoning district.

E. Development standards. Proposed development and new land uses within the -SA overlay zoning district shall comply with the development standards of the primary zoning district, all other applicable provisions of this Development Code, any conditions of approval providing measures to preserve and protect existing resources, and the following requirements.

1. Structural engineer certification. Within the High Hazard Zone, new construction designed for human occupancy, and remodels, additions, and repairs over a five year period exceeding 50 percent of the appraised market value of the building, shall be certified by a qualified, licensed structural engineer and avalanche expert approved by the Town as to the following:

a. That anticipated snow avalanche hazards have been determined by a recognized avalanche expert;

b. That the proposed structure will be safely constructed under the anticipated hazards and that the structure complies with anticipated loads and conditions; and

c. That the structure, device, or earthwork will not threaten to, or deflect avalanches toward property of others, or otherwise threaten to increase the danger to persons or property.

2. Acknowledgment of danger by land owner. Within the High Hazard Zone, applications for new construction designed for human occupancy, and remodels, additions, and repairs over a five year period exceeding 50 percent of the appraised market value of the building, shall include a written statement signed by the property owner, acknowledging that the property owner understands and agrees, that:

a. The avalanche forces described in the study required by this Section are to be considered the minimum possible, and the owner understands and agrees that avalanches may occur with forces greater than those described in the study; and

b. The Town does not represent, guarantee or warranty the ultimate safety of any construction, use or occupancy of structures constructed to the standards recommended by the engineer, and/or required by the Town.

The written statement shall be recorded with the Nevada County Recorder’s Office.

3. New subdivisions. Within the High Hazard or Moderate Hazard Zones, It shall be unlawful to create any new parcel unless the parcel is held in common with units in a planned development or zoned open space. The density allocated to the land area located within the -SA zoning district may be transferred to the remaining property outside the -SA zoning district.

4. Utilities. Within the High Hazard, Moderate Hazard, or Low Hazard Zones, new utilities and new individual service connections shall be installed underground in order to minimize possible avalanche damage to the utilities and injury to persons or property.

5. Dangerous deflection. Within the High Hazard, Moderate Hazard, or Low Hazard Zones, avalanche protective, deflective, and preventive structures, devices, or earthwork which threaten to deflect avalanches toward property of others, or otherwise threaten to increase the danger to persons or property shall be prohibited.