(A) Purpose. The purpose of the Neighborhood Market (Nmo) Overlay Zone is to allow for the continuation, re-establishment or creation of new neighborhood-serving commercial uses in residential zoning districts. These neighborhood-serving commercial uses are intended to:
(1) Protect the historic character and unique identity of Eureka’s neighborhoods;
(2) Increase opportunities for social interaction and community-building in neighborhoods;
(3) Promote economic vitality by expanding opportunities for locally-owned businesses;
(4) Promote public safety by increasing pedestrian activity in residential neighborhoods;
(5) Increase opportunities for residents of all ages and abilities to easily access stores and services;
(6) Reduce vehicle trips and decrease traffic congestion by increasing opportunities for residents to walk to destinations; and
(7) Provide opportunities for neighborhood-based healthy food opportunities.
(B) Applicability. The NMO designation applies to properties shown on the Zoning Map and identified in this section.
(C) Neighborhood-serving commercial uses defined.
(1) Included uses. Permitted neighborhood-serving commercial uses are exclusively limited to the following:
(a) General retail, limited to:
1. Establishments serving the daily needs of neighborhood residents (e.g., markets selling food products and household products such cleaning supplies, paper towels, laundry products);
2. Retail bakeries and other establishments primarily selling specialized foods prepared on-site; and
3. Bookstores.
(b) Restaurants, cafés and beverage sales;
(c) Instructional services;
(d) Small fitness, dance or heath facilities;
(e) Personal services, limited to barbershops, hair salons, nail salons and health spas; and
(f) Other similar uses as determined by the Director that meet the purpose of the NMO designation.
(2) Upper floor residential. Residential units are permitted on upper floors above a neighborhood-serving commercial use.
(3) Excluded uses. Neighborhood-serving commercial uses exclude the following, as defined in § 155.504 (Land Use Classifications):
(a) Bars;
(b) Drive-thru facilities;
(c) Fuel and service stations;
(d) Adult entertainment;
(e) Business services and heavy commercial;
(f) General retail outdoor;
(g) General services, including banks, funeral parlors, laundromats and other general services as defined in § 155.504 (Land Use Classifications);
(h) Offices;
(i) Medical offices and clinics;
(j) Vehicle repair, towing and sales; and
(k) Other similar uses as determined by the Director.
(D) Existing neighborhood-serving commercial uses.
(1) Table 224-1 lists properties with an NMO designation where a neighborhood-serving commercial use was present as of June 20, 2019.
Table 224-1: Historical NMO Properties with Neighborhood-Serving Commercial Uses Existing as of June 20, 2019 | |||
NMO Zone # | APN | Address | Existing Use |
Table 224-1: Historical NMO Properties with Neighborhood-Serving Commercial Uses Existing as of June 20, 2019 | |||
NMO Zone # | APN | Address | Existing Use |
NMO-1 | 009-125-0 02 | 2100 California Street | Retail establishment serving the daily needs of neighborhood residents (market) |
NMO-2 | 005-022-0 07 | 1011 H Street | Instructional services for personal enrichment (dance studio) |
NMO-3 | 010-111-0 04 | 3500 F Street | Retail establishment serving the daily needs of neighborhood residents (market) |
NMO-4 | 005-145-0 07 | 1201 11th Street | Retail establishment serving the daily needs of neighborhood residents (market) |
NMO-5 | 011-185-0 01 | 3100 K Street | Retail establishment serving the daily needs of neighborhood residents (market) |
NMO-6 | 009-022-0 26 | 2338 Albee Street | Retail establishment serving the daily needs of neighborhood residents (market) |
(2) An existing neighborhood-serving commercial use may continue as a permitted land use without Department approval if the use continues as the existing use described in Table 224-1.
(3) An existing neighborhood-serving commercial use on a property in Table 221-4 may change to a different (new) type of neighborhood-serving commercial use with approval of a conditional use permit.
(4) If a neighborhood-serving commercial use on a property in Table 224-1 ceases operations for 12 consecutive months or more, re-establishing a neighborhood-serving commercial use requires a conditional use permit.
(E) New neighborhood-serving commercial uses.
(1) Table 224-2 lists properties with an NMO designation where a neighborhood-serving commercial use previously existed, though some were not present as of June 20, 2019.
(2) Establishing or re-establishing a neighborhood-serving commercial use on a property in Table 224-2 requires a conditional use permit.
Table 224-2 Neighborhood Commercial Overlay NMO Properties with Prior Neighborhood-Serving Commercial Uses | ||
NMO Zone # | APN | Address |
Table 224-2 Neighborhood Commercial Overlay NMO Properties with Prior Neighborhood-Serving Commercial Uses | ||
NMO Zone # | APN | Address |
NMO-7 | 004-021-012 | 1100 California Street |
NMO-8 | 004-101-007 | 1037 B Street |
NMO-9 | 004-116-001 | 1305 California Street |
NMO-10 | 004-251-013 | 1505 F Street |
NMO-11 | 005-015-008 | 931 H Street |
NMO-12 | 005-134-011 | 1833 J Street |
NMO-13 | 010-024-002 | 2304 A Street |
NMO-14 | 008-014-008 | 2329 Fairfield Street |
NMO-15 | 018-181-026 | 3911 Campton Road |
NMO-16 | 004-234-006 | 405 13th Street |
(F) Performance standards. All new neighborhood-serving commercial uses must comply with the following performance standards.
(1) Noise. Neighborhood serving commercial uses must comply with Municipal Code §§ 94.01 et seq. (Noise).
(2) Hours of operation. A neighborhood-serving commercial use may be open to the public only between the hours of 7:00 a.m. and 11:00 p.m. unless extended hours of operation are approved with a conditional use permit.
(3) Live entertainment. Live entertainment may include only unamplified music, book readings and other similar quiet activities appropriate for residential neighborhoods. Amplified live entertainment is prohibited.
(4) Deliveries. Deliveries and pick-ups may not involve the use of commercial vehicles greater than 26,000 pounds gross vehicle weight, except for FedEx, UPS or USPS-type deliveries and pick-up.
(5) Solid waste and recycled materials.
(a) Location. Solid waste/recyclable material collection and storage areas must be located a minimum of 15 feet from any adjoining residential lot line.
(b) Screening. All outdoor collection and waste storage areas must be screened from view from an adjoining residential property by a fence or enclosure, compatible with adjacent architecture, with a minimum height of five feet for carts/cans and seven feet for dumpsters.
(G) Building and site standards. Neighborhood-serving commercial uses must comply with the following building and site standards.
(1) Indoor areas for customers and clients may not exceed 2,000 square feet.
(2) Establishments that provide food and/or beverage service are limited to seating for 30 people.
(3) Exterior sales windows (e.g., concession stands) without interior customer space are not permitted.
(4) No more than three on-site parking spaces may be added to the site for customer parking. Parking areas must comply with design standards in § 155.324 (Parking).
(H) Development standards.
(1) (a) Notwithstanding § 155.224.030(G) (Building and Site Standards), an NMO property is subject to either:
1. The development standards of the applicable base zoning district; or
2. The existing conditions of the site and building at the time of NMO designation, whichever is less restrictive.
(b) For example, if an existing NMO building has a five-foot front setback and the applicable zoning district requires a ten-foot setback, the NMO building is subject to a minimum five-foot front setback requirement. If an NMO building has a height of 20 feet in a zoning district with a 35-foot maximum height, the NMO building is subject to the 35-foot maximum height standard.
(2) The development standards in this division (H) apply only to buildings occupied by a neighborhood-serving commercial use and upper floor residences above a neighborhood-serving commercial use. Buildings occupied by any other allowed use must comply with the development standards of the applicable zoning district.
(I) Applying the NMO to additional properties.
(1) In addition to properties identified in Tables 224-1 and 224-2, the City Council may apply the NMO designation to any property in a residential zoning district, regardless of the property size, location or current use.
(2) To apply the NMO designation to additional properties, the City Council must approve a Zoning Code amendment (Zoning Map and text) in conformance with § 155.432 (Zoning Code and General Plan Amendments).
(3) To approve the Zoning Code amendment, the City Council must make the findings in § 155.432.070 (Findings for Approval) and find the proposed NMO use(s) will substantially advance the purpose of the NMO overlay as described in § 155.224.030(A) (Purpose).
(Ord. 885-C.S., passed 5-21-19)