(A) Purpose. The purpose of the special considerations (SCO) Overlay Zone is to allow for high-quality development that deviates from the Zoning Code while remaining consistent with the General Plan. The SCO Overlay Zone is intended to promote creativity in building design, flexibility in permitted land uses and innovation in development concepts. The SCO Overlay Zone provides the city with enhanced flexibility to address unique site characteristics and allow projects that will provide public benefits for residents, employees and visitors.
(B) Where allowed. The SCO Overlay Zone may be applied to any property in Eureka.
(C) Designated properties. The SCO overlay applies to properties shown on the Zoning Map and listed in Table 224-3. Each property subject to the SCO Overlay Zone will be listed in Table 244-3 with property information, the city ordinance applying the overlay to the property (“implementing ordinance”) and a summary of the development allowed by the overlay on the property.
(D) Allowed modifications to regulations. When the SCO overlay is applied to a property, the implementing ordinance may allow for modification to any land use regulation or development standard in the Zoning Code, subject to the limitations in § 155.224.040(E) (General Plan Compliance).
(E) General plan compliance. Modifications allowed by the SCO Overlay Zone must be consistent with the General Plan. For example, the SCO Overlay Zone may not allow a floor area ratio (FAR) on a property that is greater than the maximum FAR for the applicable General Plan land use designation.
(F) Required approvals.
(1) Zoning Code amendment. To apply the SCO Overlay Zone to a property, the City Council must approve a Zoning Code and Zoning Map Amendment in accordance with § 155.432 (Zoning Code and General Plan Amendments).
(2) Subsequent approvals. A development project proposed in an SCO Overlay Zone must receive all permits and approvals required by the Zoning Code, unless specifically modified by the implementing ordinance.
(G) Conditions of approval. When the SCO overlay is applied to a property, the City Council may identify in the implementing ordinance conditions of approval that will apply to any proposed project on the property.
(H) Effect of designation.
(1) Development in the SCO Overlay Zone is allowed as specified in the implementing ordinance for the property.
(2) Proposed projects in an SCO Overlay Zone must comply with all Zoning Code requirements, except as specifically modified by the implementing ordinance or as otherwise allowed by the Zoning Code.
(Ord. 885-C.S., passed 5-21-19)