(A) Purpose. This section establishes standards for new residential and office uses in the Hinge (HN) Zoning District to:
(1) Protect existing and new manufacturing uses in the industrial zoning districts;
(2) Ensure that manufacturing uses are recognized as the primary purpose of the industrial zoning districts; and
(3) Ensure that residential and office uses can functionally co-exist in a mixed-use development in the industrial zoning districts.
(B) Where allowed. Residential and office uses are allowed in the industrial zoning districts only as provided in Table 212-1.
(C) Nuisance protection for non-residential uses.
(1) If a residential or office use (excluding caretaker units) is established in Hinge (HN) Zoning District, existing non-residential uses in the HN Zoning District are considered a protected use.
(2) A protected use may not be considered a nuisance pursuant to the Municipal Code if:
(a) The use was not a nuisance when it began;
(b) The use is conducted and/or maintained in a manner consistent with proper and accepted customs and standards, as established and followed by similar uses in Eureka;
(c) The use is consistent with the purposes of the applicable zoning district as described in § 155.212.010 (Purpose of Industrial Zoning Districts); and
(d) The use complies with the requirements of all applicable federal, state and city statutes, ordinances, rules, regulations, approvals and permits.
(3) The nuisance protections in this division (C) do not apply where a nuisance results from the negligent or improper management or operation of a protected use.
(D) Standards for residential and office uses in mixed-use projects. The following standards apply to new residential and office uses proposed as part of a mixed-use development project in the Hinge (HN) Zoning District.
(1) General standard. The city may approve a new residential or office use only upon finding that the new use will not interfere with existing or anticipated future industrial operations within an industrial zoning district.
(2) Noise. Proposed new residential and office development must prepare an assessment of existing and anticipated future noise at the site and incorporate construction measures as needed to meet the interior noise levels described in Table N-2 of the Noise Element of the General Plan.
(3) Vibration. Proposed new residential and office development must prepare an assessment of existing and anticipated future vibration on the site and incorporate construction measures as needed to reduce the effects of vibration to acceptable levels for the proposed new land use.
(4) Odors, dust and fumes. Proposed new residential and office development must prepare an assessment of existing and anticipated odor/dust/fumes at the site and incorporate construction measures as needed to reduce the effects of odor/dust/fumes to acceptable levels for the proposed new land use.
(Ord. 885-C.S., passed 5-21-19)