Eureka City Zoning Code
§ 9.03.007
Specific use permits.
(a)
Permit conditions.
(1)
Any person, firm or corporation desiring to construct any building or other structure, or to alter, remodel, install or repair any such building or structure, or use any building or property not in compliance with the single-family residential district regulations must obtain a specific use permit from the city council before beginning or using same.
(2)
The city council may, by ordinance, grant specific use permits authorizing the uses of land within its boundaries where the same is not now permitted by this article.
(3)
In granting of specific use permits for land under consideration, the city council shall determine that such uses are harmonious with and adaptable to existing and proposed future buildings, structures, and uses of abutting property and other property in the vicinity of the premises under consideration and in accordance with the city’s comprehensive plan.
(4)
The city council in considering and determining any request for a specific use permit may require from the applicant plans, information, operating data and expert evaluation concerning the location, function, and characteristics of any building or use proposed. The city council may, in the interest of the public welfare and to assure compliance with this article, establish conditions of operation, location, arrangement and construction of any use for which a permit is authorized. In authorizing a specific use permit, the city council may impose such development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from noise, vibration, electronic interference, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view, or other undesirable or hazardous conditions.
(5)
If the use for which a specific use permit is granted shall be abandoned for a six-month period, the specific use permit shall be terminated and the zoning shall revert to single-family district zoning.
(b)
Record of permit.
All specific use permits approved in accordance with the provisions of this article in its original form or as hereafter amended shall be referenced on the zoning map and a list of such permits shall be maintained in an appendix attached to this article [not printed herein]. Ordinances granting specific use permits shall be filed in the city ordinance book.
(c)
Notice and hearing.
Before granting any specific use permit, the city council shall hold a public hearing thereon. Written notice of the public hearing shall be sent to owners of real property lying within two hundred feet (200') of the property on which the specific use permit is proposed. Such written notice shall be given not less than ten (10) days before the date set for hearing, to all such owners who have rendered their said property for taxes as the ownership appears on the last approved appraisal district tax roll. Such notice may be served by depositing the same, properly addressed and postage paid in the U.S. mail. At least fifteen (15) days’ notice of the time and place of the public hearing shall be published in the official newspaper of the city. No specific use permit shall be granted until after the 30th day following the notice to property owners required herein.
(d)
Fee.
The fee for application for a specific use permit shall be as set forth in the fee schedule in appendix A of this code.
(e)
Reapplications.
In the event an application for a specific use permit is denied by the city council, a subsequent application for a specific use permit on the same tract of land shall not be considered by the city council until a period of six (6) months has elapsed from date of denial.
(Ordinance adopted 8/27/87; 1983 Code, ch. 11, sec. 7; Ordinance adopting 2023 Code)