(Ord. 885-C.S., passed 5-21-19)

(Ord. 885-C.S., passed 5-21-19)

(Ord. 885-C.S., passed 5-21-19)

   (B)   Specific. The Zoning Code is intended to:

      (1)   Preserve and enhance Eureka’s unique sense of place, small city charm, livability and sense of community;

      (2)   Support a pedestrian-friendly built environment, increase transportation choices and expand opportunities for residents to walk, bike and take transit to destinations;

      (3)   Maintain and expand the variety of housing types to serve a diverse population;

      (4)   Encourage and incentivize a diversity of residential, commercial, industrial and mixed-use developments;

      (5)   Encourage pedestrian-friendly urban development through a streamlined approval process;

      (6)   Where appropriate, encourage vertical mixed-use development with upper story residential units above ground floor commercial uses;

      (7)   Protect and enhance the distinctive character of Eureka’s neighborhoods and commercial districts;

      (8)   Enhance the appearance, economic vitality and livability of Eureka’s neighborhoods and commercial districts;

      (9)   Encourage active and inviting streetscapes, buildings and public spaces;

      (10)   Realize the full development potential of Eureka’s industrial and commercial waterfront areas;

      (11)   Enhance the vitality of Downtown and Old Town as the core of the community with a diversity of land uses and pedestrian-oriented urban design;

      (12)   Encourage infill development and the reuse of existing structures to strengthen established neighborhoods;

      (13)   Establish flexible performance-based standards to encourage design creativity and address unique circumstances;

      (14)   Protect Eureka’s natural beauty and conserve valuable natural resources; and

      (15)   Enhance the urban/wildland interface zones around the edges of the city and promote recreation opportunities within these zones.

(Ord. 885-C.S., passed 5-21-19)

(Ord. 885-C.S., passed 5-21-19)

   (B)   Coastal zone. The applicability of the Zoning Code in the coastal zone is described in § 155.104.070 (Relationship to the Local Coastal Program).

   (C)   Compliance required. All lots, land uses, structures and development in Eureka, including existing and proposed development, must comply with the Zoning Code.

   (D)   Approvals required. A land use may be established and a structure may be constructed, altered or moved only after:

      (1)   All applicable development review processes have been followed;

      (2)   All applicable approvals have been obtained; and

      (3)   All required permits and/or authorizations to proceed have been issued.

   (E)   Administrative responsibilities. City roles and responsibilities in the administration of the Zoning Code are as provided in § 155.404 (Administrative Responsibilities).

   (F)   Subdivisions. All subdivisions of land, lot line adjustments, and other actions under Municipal Code Ch. 154 (Subdivision Regulations) and the California Subdivision Map Act that are proposed after June 20, 2019, must comply with the Zoning Code.

   (G)   Governmental activities. The Zoning Code applies to special districts and state or federal governmental agencies to the extent legally permissible. The Zoning Code does not apply to public projects of the City of Eureka. Private projects on leased lands owned by the city are not public projects of the city.

   (H)   Public utilities. Public utilities are subject to the requirements of the Zoning Code, except to the extent provided by Cal. Gov’t Code § 53091 and the California Public Utilities Code.

   (I)   Emergency powers. The City Council may authorize deviations from the Zoning Code during a local emergency declared in accordance with the California Emergency Services Act (Cal. Gov’t Code §§ 8550 et seq.), by resolution without notice or public hearing.

   (J)   Other regulations. Compliance with the Zoning Code does not relieve an applicant from compliance with other federal, state and city regulations that also apply to the property.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 916-C.S., passed 7-6-21)

      (1)   Coastal zoning districts with allowed land uses and development standards that apply to zoning districts within the coastal zone;

      (2)   Additional regulations needed to implement the Land Use Plan; and

      (3)   Procedures for the approval of coastal development permits and other permits and approvals in the coastal zone.

   (B)   Implementation Plan limited to Ch. 156. The Implementation Plan is limited exclusively to Municipal Code Ch. 156. No contents of the Zoning Code, irrespective of its applicability in the coastal zone, are considered a part of the Implementation Plan.

   (C)   Applicability in coastal zone. The Zoning Code and Implementation Plan both contain requirements that apply in the coastal zone, as follows.

      (1)   Implementation plan requirements. Implementation Plan requirements apply fully to all uses, structures and activities in the coastal zone in accordance with the California Coastal Act. In case of conflict between the Implementation Plan and the Zoning Code, the Implementation Plan governs.

      (2)   Requirements in both Zoning Code and Implementation Plan. Certain topics are addressed in both the Zoning Code and the Implementation Plan (e.g., parking, signs). For these topics, the Implementation Plan requirements govern in the coastal zone. All Zoning Code requirements superseded by the Implementation Plan are identified in the Zoning Code with notes in their respective sections.

      (3)   Zoning code content not in the Implementation Plan. Zoning Code requirements that are not specifically addressed in the Implementation Plan fully apply in the coastal zone. For example, Zoning Code requirements for the processing of permit applications, which is not addressed in the Implementation Plan, apply to all development projects. While these Zoning Code requirements may apply in the coastal zone, they are not considered a part of the Implementation Plan.

(Ord. 885-C.S., passed 5-21-19)

   (B)   The numbering system and outline levels used in the Zoning Code is as follows:

   Chapter 155 - Zoning Code

      Subchapter - Subchapter Title

         Section 155.104 - Section Title

            Section 155.104.010 - Section Title

               (A)   Division 155.104.010(A) - Division Title

                  (1)   Paragraph

                     (a)   Paragraph

                        1.   Paragraph

(Ord. 885-C.S., passed 5-21-19)

   (B)   Conflicts with general plan, specific plans and development agreements. Where the Zoning Code conflicts with the General Plan, a specific plan or a development agreement, the General Plan, specific plan or development agreement will control.

   (C)   Conflict with other city regulations. Where the Zoning Code conflicts with other ordinances, resolutions or regulations of the City of Eureka, the more restrictive will control.

   (D)   Conflict with private agreements. It is not the intent of the Zoning Code to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the Zoning Code imposes a greater restriction than imposed by a private agreement, the Zoning Code will control. Private agreements may impose greater restrictions than the Zoning Code, but the city is not responsible for monitoring or enforcing private agreements.

(Ord. 885-C.S., passed 5-21-19)

   (B)   Violations continue. A violation of the prior Zoning Code continues to be a violation under this Zoning Code unless the violation is brought into compliance with this Zoning Code.

   (C)   Pending applications.

      (1)   If the city deems an application complete, but does not take final action on the application before the effective date of this Zoning Code, the application remains subject to the Zoning Code in effect when the application was deemed complete.

      (2)   If the city deems an application withdrawn under § 155.408.070 (Applications Deemed Withdrawn), any re-application is subject to the requirements of this Zoning Code.

   (D)   Approved projects.

      (1)   Permits and other approvals valid on the effective date of this Zoning Code remain valid until their expiration date.

      (2)   Projects with valid permits or approvals shall be completed in compliance with the standards in effect at the time of approval. If the permit or approval expires, future development must comply with the requirements of this Zoning Code.

   (E)   Non-conformities. A parcel, land use or structure legally established prior to June 20, 2019, that does not comply with this Zoning Code is considered non-conforming and subject to the requirements in § 155.424 (Non-Conformities).

   (F)   Transition to new zoning districts.

      (1)   Upon the effective date of this Zoning Code, land with zoning from the previous Zoning Code shall be rezoned to one of the zoning districts as established in § 155.116 (Zoning Districts and Map) and shown on the Zoning Map.

      (2)   A property must comply with the regulations of its zoning district classification as established in § 155.116 (Zoning Districts and Map) and shown on the Zoning Map.

   (G)   Planned development zoning districts. Requirements and allowances that applied within a planned development zoning district existing before the effective date of the Zoning Code remain in full force and effect.

   (H)   Qualifying overlay zoning districts. Limitations and restrictions that applied within a qualifying overlay zone existing before the effective date of the Zoning Code remain in full force and effect.

   (I)   References to prior zoning districts.

      (1)   In cases where city ordinances, policies, conditions of approval and other requirements reference a zoning district classification from the previous Zoning Code, such references will mean the equivalent zoning district in this Zoning Code.

      (2)   For requirements based on previous zoning districts with no equivalent zoning district in this Zoning Code, such references will be interpreted to best achieve the requirement’s original intent as determined by the Director.

(Ord. 885-C.S., passed 5-21-19)

(Ord. 885-C.S., passed 5-21-19)

(Ord. 885-C.S., passed 5-21-19)

      (1)   Interpret the meaning and applicability of the Zoning Code; and

      (2)   Issue official interpretations of the Zoning Code as provided in § 155.108.030 (Official Interpretations).

   (B)   Department staff. Department staff may apply the rules for interpreting the Zoning Code established in this § 155.108 when performing duties described in § 155.404.030 (Development Services Department).

(Ord. 885-C.S., passed 5-21-19)

   (B)   Referrals to Planning Commission. The Director may refer any issue of interpretation to the Planning Commission for review and final determination.

   (C)   Appeals. Official interpretations of the Zoning Code may be appealed in accordance with § 155.416 (Appeals and Reviews).

(Ord. 885-C.S., passed 5-21-19)

   (B)   Minimum requirements. The Zoning Code establishes minimum requirements to protect the public health, safety and welfare. Where the Zoning Code allows for city discretion, the city may impose more stringent requirements to achieve the purpose and intent of the Zoning Code set out in § 155.104.040 (Purpose of the Zoning Code).

   (C)   Harmonious construction. The city intends that all provisions of the Zoning Code be construed harmoniously. When two or more provisions of the Zoning Code appear to conflict, the city may construe such provisions to give effect to both, if possible, by harmonizing them with each other. In cases of unresolvable conflict, the more restrictive will govern.

   (D)   Headings, tables and figures. In cases where text conflicts with any heading, table or figure, the text controls.

   (E)   Lists and examples. Lists of items or examples that use terms such as “including,” “such as” or similar language are intended to provide examples, not to be exhaustive lists of all possibilities. Unless otherwise specifically indicated, the word “including” always means “including, but not limited to.”

   (F)   Computation of time. References to “days” are calendar days unless otherwise stated. When “business days” are referenced, they include only days when Eureka City Hall is open. The end of a time period is computed by excluding the first day and including the last day.

   (G)   Rounding of fractional numbers. Unless otherwise stated, a fraction of one-half or more will be rounded to the next highest whole number and a fraction of less than one-half will be rounded to the next lowest whole number.

   (H)   References to other regulations, publications and documents. Whenever reference is made to a law or regulation, it will be construed as a reference to the most recent edition of such law or regulation, unless specifically stated.

   (I)   Technical and non-technical terms. Words and phrases will be construed according to the common and approved usage of the language. Technical words and phrases with a particular and appropriate meaning in law will be construed and understood according to such meaning.

   (J)   Public officials and agencies. All public officials, bodies and agencies to which references are made are those of the City of Eureka, unless otherwise indicated.

   (K)   Mandatory and discretionary terms. The words “will,” “must,” “shall” and “is” are always mandatory. The words “should” is encouraged but not required and “may” is permissive.

   (L)   Conjunctions. Unless the context clearly suggests the contrary, conjunctions will be interpreted as follows.

      (1)   “And” means that all connected items apply.

      (2)   “And/or” means that the connected items may apply singularly or in any combination.

      (3)   “Or” means that one or more of the connected items may apply.

      (4)   “Either...or” means that the connected words or provisions shall apply singularly, but not in combination.

   (M)   Tenses and plurals. Words used in one tense (past, present or future) include all other tenses, unless the context clearly indicates otherwise. The singular includes the plural, and the plural includes the singular.

   (N)   Terms not defined. The Director has the authority to provide a definition for an undefined term based upon intended meaning of the term. Director determinations will be in writing and maintained by the Department for public review.

(Ord. 885-C.S., passed 5-21-19)

   (B)   Unlisted land uses.

      (1)   A land use not listed in a land use regulation table is not permitted if the use is listed as an allowed use in one or more other zoning districts. In such a case, the absence of the use in the land use regulation table means that the use is prohibited in the zoning district.

      (2)   For a proposed use not listed in any land use regulation table, the Director may determine that the proposed use is equivalent to a permitted or conditionally permitted use if all of the following findings can be made:

         (a)   The use is consistent with the goals and policies of the General Plan;

         (b)   The use will not be detrimental to the public health, safety or welfare;

         (c)   The use will meet the purpose of the zoning district;

         (d)   The use is similar to other uses allowed in the zoning district;

         (e)   The density or intensity of the use is similar to other uses in the zoning district; and

         (f)   The use is compatible with permitted and/or conditionally permitted uses in the zoning district.

      (3)   When the Director determines that a proposed use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use with respect to development standards, permits required and all applicable requirements of the Zoning Code.

      (4)   Director determinations will be in writing and maintained by the Department for public review.

      (5)   The Director may refer any equivalent use determination to the Planning Commission for review and final decision.

      (6)   Equivalent use determinations may be appealed in accordance with § 155.416 (Appeals and Reviews).

   (C)   Types of uses.

      (1)   Primary land uses.

         (a)   A primary land use is the main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.

         (b)   Multiple primary land uses may occupy a single site or building. A land use on a site with multiple uses is considered a separate primary use if it operates independently from the other uses (e.g., different owner, business name, services provided) and could continue operations if the other uses were no longer present on the site.

         (c)   Each primary land use on a site is subject only to its own permit requirements identified in the land use regulation tables in the Zoning District Standards subchapter regardless of the permit requirements that apply to other uses on the site. For example, if one primary land use that requires a conditional use permit (CUP) occupies the same space in a building as another primary land use allowed by-right, the land use allowed by-right is not required to obtain a CUP.

         (d)   Each primary land use on a site is subject only to the standards and limitations that apply to the individual use. For example, if one primary use is subject to conditions of approval limiting its hours of operations, other primary uses on the site would not be subject to those same limitations unless specifically required as through their conditions of approval for their individual permits.

         (a)   A secondary use is a land use specifically identified in § 155.504 (Land Use Classifications) as allowed only when combined with a permitted primary use. For example, a drive-through facility is a secondary use allowed only when combined with a permitted primary use (e.g., restaurants, cafés and beverage sales). A secondary use by its nature cannot exist without an associated primary use.

         (b)   A secondary use may require different permits from its associated primary use as identified in the land use regulation tables in the Zoning District Standards subchapter. For example, a restaurant may be permitted by-right, but a drive-through facility associated with the restaurant would require a conditional use permit. A secondary use may be subject to standards and limitations separate from the requirements that apply to its associated primary use.

      (3)   Accessory uses.

         (a)   An accessory use is a use that is subordinate to and dependent on a primary use on the same lot.

         (b)   Accessory uses are subject to the requirements in § 155.304.020 (Accessory Uses).

         (c)   An accessory use that complies with § 155.304.020 (Accessory Uses) is considered a component of its primary use and may operate by-right without the requirement to obtain additional permits unless specifically required by the Zoning Code.    

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)

      (1)   Boundaries shown as approximately following the centerlines of streets, highways or alleys are construed to follow the centerline.

      (2)   Boundaries shown as approximately following the coastal zone boundary are construed to follow the coastal zone boundary.

      (3)   Boundaries shown as approximately following platted lot lines are construed as following the lot lines. If lot lines shift as a result of updated survey data or lot line adjustment, zoning district boundaries are construed to follow these shifted lot lines.

      (4)   Boundaries shown as approximately following city limits are construed as following city limits.

      (5)   Boundaries shown following railroad lines are construed to be midway between and parallel to the main tracks.

      (6)   If a boundary does not follow a lot line and divides a parcel, the location of the boundary is determined using the scale on the Zoning Map.

      (7)   Where further uncertainty exists, the Planning Commission shall determine the exact boundary location considering the general purpose of the Zoning Code, the purpose of the applicable zoning districts, site conditions of the subject property and all other relevant information.

   (B)   Split zoning. For parcels containing two or more zoning districts (“split zoning”), the regulations for each zoning district will apply within the zoning district boundaries as identified on the Zoning Map.

(Ord. 885-C.S., passed 5-21-19)

(Ord. 885-C.S., passed 5-21-19)

   (B)   Included in calculation. Lot area includes areas subject to easements and/or private streets.

(Ord. 885-C.S., passed 5-21-19)

(Ord. 885-C.S., passed 5-21-19)

   (B)   Lot line designation. The Director has the authority to designate the location of front, side and rear lot lines based on the physical conditions and function of the lot.

   (C)   Flag lots. For flag lots, lot lines are designated as shown in Figure 112-2 unless otherwise designated by the Director based on the existing and/or proposed layout and function of the lot.

   (D)   Lots fronting on two parallel streets.

      (1)   For lots fronting on two parallel streets (“through lots”), the Director will either:

         (a)    Determine that the lot has two fronts; or

         (b)    Determine which street frontage constitutes the rear of the lot based on the placement and orientation of existing buildings on the lot and on neighboring properties.

      (2)   An alley is not considered a street when determining whether a lot qualifies as a through lot. See Figure 112-3.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)

      (1)   Floor area is measured as the total area (as defined below) of all floors of a building measured from the exterior face of the outside walls.

      (2)   The floor area calculation includes the following:

         (a)   Covered areas used for vehicle parking, including garages, carports and parking structures, but excluding tuck-under parking (ground-floor parking areas that are beneath a building and have three or fewer enclosed walls);

         (b)   Elevator shafts and stairwells;

         (c)   Porches and balconies enclosed on all sides;

         (d)   Mechanical shafts;

         (e)   Mezzanines;

         (f)   Service and mechanical equipment rooms;

         (g)   Projecting windows, floors, and other architectural features supported from the ground; and

         (h)   Cantilevered upper floors.

      (3)   The floor area calculation does not include the following:

         (a)   Non-habitable attic spaces;

         (b)   Basements;

         (c)   Non-habitable accessory structures, such as storage or garden sheds;

         (d)   Accessory dwelling units;

         (e)   Exterior steps, patios, decks, terraces, porches, balconies and porticoes open on one or more sides;

         (f)   Projecting windows and other exterior architectural projections not supported from the ground; and

         (g)   For non-residential uses, arcades, porticoes and similar open areas that are located at or near street level and are accessible to the general public, but are not designed or used as sales, display, storage, service or production areas.

      (1)   Floor area for a junior accessory dwelling unit (JADU) created within the footprint of an existing residential structure is measured as the total area of all floors of the JADU measured from the interior face of the outside walls and the common wall or walls between the JADU and the existing residential structure.

      (2)   Floor area for new residential construction that includes a junior accessory dwelling unit is measured as the total area (as defined in § 155.112.050(A)(2) of all floors of the building measured from the exterior face of the outside walls, and the interior face of a common wall or walls between the JADU and the proposed residence.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21)

   (B)   Included in calculation. The site coverage calculation includes the following:

      (1)   All primary structures;

      (2)   All accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures and the like); and

      (3)   Bay windows, cantilevered upper floors and other exterior architectural projections that are supported from the ground.

   (C)   Excluded from calculation. The site coverage calculation does not include the following:

      (1)   Unenclosed and unroofed decks, uncovered patio slabs, landings, driveways, sidewalks, flatwork, balconies, stairways and other similar unenclosed/unroofed structures less than 18 inches in height and six feet or less for railings;

      (2)   Projecting windows and cantilevered upper floors, and other architectural projections that are not supported from the ground;

      (3)   Eaves and roof overhangs projecting less than three feet from a wall;

      (4)   Areas covered by a trellis or similar structure where at least 50% of the area is open to the sky with uniformly distributed openings;

      (5)   Swimming pools and hot tubs that are not enclosed in a roofed structure; and

      (6)   Unenclosed building service equipment and mechanical appurtenances, such as exterior water heaters, air conditioning units and chimneys.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)

      (1)   As shown in Figure 112-6, building height is measured vertically from the average elevation of the finished grade of the ground covered by the structure to the:

         (a)   Average height between the bottom of the eave and the ridge of a pitched roof;

         (b)   The coping of a flat roof; and

         (c)   The deck line of a mansard roof.

      (2)   Roofs covering decorative elements, elevator shafts, stair towers, parapets and other similar non-habitable building features are not included in the calculation of building height. See § 155.308.020 (Height Exceptions).

   (B)   Fence and wall height. See § 155.320.030 (Measurement of Fence and Wall Height).

   (C)   Freestanding structure height. For freestanding structures such as poles and towers, height is measured as the vertical distance from the finished grade at the base of the structure to the highest point of the structure.

(Ord. 885-C.S., passed 5-21-19)

   (B)   Distances are measured horizontally. When measuring distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area or other object. Distances are not measured following the topography or slope of the land.

   (C)   Measurements involving a structure. Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.

   (D)   Measurements involving a lot. When measuring a required distance from a lot, the measurement is made from the portion of the lot that is the closest distance from the point of measurement.

   (E)   Measuring radius. When a specified land use must be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions.

(Ord. 885-C.S., passed 5-21-19)

                        S = l x L (100)
                            A

   This § 155.116 establishes the zoning districts that apply within the city limits and adopts the Inland Zoning Map.

 

 

 

 

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 962-C.S., passed 7-15-25)

   The Inland Zoning Map may be amended in accordance with § 155.432 (Zoning Code and General Plan Amendments). The Coastal Zoning Map may be amended in accordance with procedures established in Ch. 156 (Coastal Zoning).