Eureka City Zoning Code

The purpose of a Conditional Use Permit is to:

1. Allow proper integration of uses into Eureka City which may only be suitable in specific locations; and
2. To prevent adverse, nuisance, or harmful effects from improper uses in a specified location; which use may have potentially detrimental effect(s) if not properly designed, located, and conditioned.

The Eureka City Planning Commission may, subject to the procedures and standards set forth in this Zoning Ordinance, recommend that the City Council grant, conditionally grant, or deny an application for a Conditional Use Permit for uses not permitted by this Ordinance in the applicable zone. Conditional uses may be allowed, allowed with conditions, or denied in each of the designated zoning districts, based on compliance with standards and criteria set forth in this Chapter.

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

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

Application for a Conditional Use Permit shall be presented to The Eureka City Planning Commission which shall review the Application and hold a Public Hearing on the proposed use before recommending approval or denial to the Eureka City Council. The Application shall be accompanied by:

1. Plats, plans, or drawings drawn to scale showing the location and dimensions of buildings, streets and other improvements on or near the subject property which may be affected by the proposed use and showing the nature and extent of those effects; and
2. A filing fee as established by the Eureka City Council. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

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

1. The Planning Commission may recommend, or City Council may impose, conditions on the issuance of a Conditional Use Permit including, but not limited to, limitation on the size or shape of buildings; the dedication, relocation, and development of streets; distance from a residential or public facility zone or use; installation and up sizing of utility mains; screening or landscaping to protect adjacent properties; the elimination or relocation of windows or doors or signage or lighting in order to protect an existing public use or adjacent property from any detrimental characteristic(s) of the proposed use; or the requirement of additional parking, or other changes, or conditions.
2. The Planning Commission may require that the applicant prepare and record covenants running with the land which, according to the conditions specified, are binding upon the applicant and successors.
3. No building permit shall be issued until the required Conditional Use Permit is first obtained. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

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

A Conditional Use Permit shall not be granted unless the Planning Commission determines and the City Council concurs that the proposed use will not be detrimental to the health, safety, or general welfare of persons residing in the vicinity, or injurious to property in the vicinity. The Use shall be detrimental if the proposed use will cause unreasonable risks to the health, safety, or general welfare of persons or property because of vehicular traffic or parking, large gatherings of people, or will unreasonably interfere with the lawful use of surrounding property. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

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

A Conditional Use Permit which has not been utilized within twelve (12) months from the effective date shall become null and void. When any provision of the Conditional Use Permit is utilized, the other portions and conditions related thereto become immediately operative and shall be strictly enforced. Utilization shall be construed to mean any degree of commencement of the use or uses for which the Permit was granted. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

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

The Planning Commission shall hold a Public Hearing upon the question of modification or revocation of a Conditional Use Permit. The Permit shall be modified or revoked if the Commission finds that:

1. It was obtained by fraud or misrepresentation;
2. The use for which the Permit was granted has ceased or is not being exercised;
3. The conditions imposed upon the said use Permit have not been complied with; or
4. The use is detrimental to the health, safety, or general welfare of persons residing in the vicinity, or injurious to property; except that a change in the market value of real estate shall not be considered an injury to property.

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

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

Appeal to the decision of the Planning Commission and, subsequently that of the City Council, shall be heard by the Eureka City Board of Adjustment which shall have jurisdiction to decide appeals of the approval or denial of Conditional Use Permits.

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

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

1. Nothing in this Chapter shall be construed to permit or allow the showing or display of any entertainment, spoken or written matter which is contrary to applicable federal or state statutes prohibiting lewdness, profanity, nudity, obscenity or pornography.
2. It is unlawful for any sexually-oriented business to do business at any location with Eureka City without first obtaining a Conditional Use Permit to do so. 

HISTORY:

5-96, 06/1996

1-1999, 01/1999

1-2001, 01/2001

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