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Eureka City Zoning Code

13.1 General

Zoning Powers

13.1.1 Name - Definitions - Planning Commission Preparation

  1. This Ordinance shall be known as the Zoning Ordinance of Eureka City and may be so cited and pleaded. Those municipal land use definitions specified in U.C.A 10-9-103, and adopted by reference in the Eureka City General Plan, are hereby adopted by reference and shall apply to like terms and phrases used in this Ordinance.
  2. The Eureka City Planning Commission shall first prepare and recommend the provisions contained herein to the Eureka City Council for adoption or other action described in Chapter 2. These regulations shall govern land use and development in Eureka City.
  3. The provisions of this Ordinance represent Planning Commission recommendations for zoning all of the area within Eureka City. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

Ord. 2025-06-23, 6/23/2025

13.1.2 Enforcement - Building Permit - Inspection - Certificate Of Occupancy Required

  1. The designated building inspector, or other officer(s) authorized or appointed by the Eureka City Mayor shall be delegated the responsibility to enforce the provisions of this Ordinance.
  2. A Building Permit, including fees related thereto, shall be obtained from and issued by Eureka City prior to the erection, construction, reconstruction, or alteration of any building or structure within Eureka City.
  3. An application for a Building Permit shall be accompanied by a plat drawn to scale showing the actual dimensions of the lot to be built upon, the size and location of existing buildings, buildings to be erected, existing buildings on adjacent property, and such other information requested in the application, or deemed necessary by the Planning Commission or the Building Inspector for the enforcement of this Chapter. 
  4. The Building Inspector, or other official designated by Eureka City, shall have the right of access to any premises at any reasonable hour for the purpose of inspecting any building or structure during the course of its construction, modification, or repair; and to inspect conditional or other land uses to determine compliance with the provisions of this Chapter.
  5. A Certificate of Occupancy and Building Compliance shall be obtained from and issued by Eureka City prior to the occupancy of any building or structure approved under this Chapter. Said Certificate shall include:
  6. The use and occupancy of the building or structure;
  7. The number of automobiles anticipated to belong to the residents or occupants of the building, including the number of legal-sized off-street parking spaces being provided on the premises;
  8. Completion of required. landscaping;
  9. Asigned certification from the property owner that the structure is completed to a degree such that it may be occupied safely and without violation of health or sanitation codes. Any change in use or occupancy, other than natural increase to the resident family, will require the issuance of a new certificate.
  10. No permanent water or sewer service line, or electrical utility connection shall be installed to provide service to any land, building, or structure unless the owner of the property has complied with applicable provisions of this Chapter.

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

Ord. 2025-06-23, 6/23/2025

13.1.3 Application - Building Permit

Application for a building permit shall be accompanied by:

  1. A complete and accurate legal description of the property, showing legal ownership, or legal proof of right to develop the property;
  2. A certified survey of the property showing any conflict with adjoining property, overlaps or discrepancies between the legal description and any existing fence lines; and
  3. A plot plan showing proposed building( s) to scale in relationship to property boundaries. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

Ord. 2025-06-23, 6/23/2025

13.1.4 Public Nuisance

The occupation of any building for which a Certificate of Occupancy and Building Compliance has not been issued is hereby declared to be a public nuisance and said building shall be in violation of this Chapter. It shall also be a public nuisance for any building to be occupied with greater density than is authorized herein or for any other occupancy than is authorized in the Certificate of Occupancy. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

Ord. 2025-06-23, 6/23/2025