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This § 155.304 establishes supplemental standards that apply to specific land uses and development in all zoning districts.
(Ord. 885-C.S., passed 5-21-19)
(A) Relationship to primary use.
(1) An accessory use must be related to and serve the purpose of the primary use on the site.
(2) An accessory use must be clearly incidental and subordinate to the primary use on the site, which may be demonstrated by factors such as the floor area of the use, economic importance of the use, and the number of customers/visitors generated by the use.
(3) If the primary use is destroyed or removed, the accessory use is no longer allowed.
(B) Maximum size. The following maximum size standards apply to all accessory uses except accessory dwelling units (ADUs):
(1) When an accessory use other than a structure for residential vehicle parking and/or storage is located within a building, the total floor area of the accessory use may not exceed 49% of the habitable floor area of the building containing the associated primary use.
(2) The floor area of a residential garage or a shed may not exceed 100% of the habitable floor area of the building containing the associated primary use.
(3) The Director may allow the floor area of an accessory use to exceed the limitation with an administrative adjustment. To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find that:
(a) The accessory use complies with § 155.304.020(A) (Relationship to Primary Use); and
(b) Unique circumstances associated with the primary use warrant the additional floor area for the accessory use.
(C) Location. An accessory use must be located on the same site as the primary use.
(D) Timing of establishment. An accessory use may not be established before the primary use is established.
(E) Residential accessory uses. Accessory uses customarily associated with a place of residence on the same site are permitted. Allowed accessory uses include, but are not limited to the following:
(1) Home occupations in conformance with § 155.304.070 (Home Occupations);
(2) Garage and yard sales in conformance with § 155.336.040(B) (Garage Sales);
(3) Keeping of domestic pets in conformance with Municipal Code Chapter 91 (Animals);
(4) Vehicle parking serving on-site uses in conformance with § 155.324 (Parking);
(5) Gardening, landscaping, and open space management in conformance with Municipal Code §§ 94.15 et seq. (Weeds, Rubbish and Debris);
(6) Storage of personal household property inside a permitted structure; and
(7) Personal hobbies for non-commercial purposes.
(F) Non-residential accessory uses. Accessory uses customarily associated with a primary non-residential use on the same site are permitted. Allowed accessory uses include, but are not limited to the following:
(1) Administrative offices for the primary use;
(2) Vehicle parking serving on-site uses in conformance with § 155.324 (Parking);
(3) Wholesale or retail sales to a buyer's custom order of goods produced by the primary use;
(4) Back-of-the-house niche manufacturing of products sold in a retail facility (such as chocolate production in the back of a candy store, craft beer brewing in a restaurant/brewery, or guitar fabrication in the back of a music instrument store);
(5) The storage of goods associated with the primary use in conformance with § 155.304.110 (Outdoor Storage);
(6) Tasting rooms associated with a food or beverage production use;
(7) Caretaker units in the industrial and public zoning districts; and
(8) Other similar uses as determined by the Director through a zoning clearance.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 951-C.S., passed 10-17-23)
(A) Purpose and applicability. This section establishes standards for the location, approval and operation of adult entertainment as defined in § 155.304.030(B) (Definitions).
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT.
(a) A business which either:
1. Provides live entertainment or performances that involve the display of specified anatomical areas or specified sexual activities; or
2. Displays pornographic films, photographs or other still or moving images with an emphasis on specified anatomical areas or specified sexual activities.
(b) ADULT ENTERTAINMENT includes, but is not limited to, strip clubs, adult movie theaters, adult arcades, adult motels and places that engage in or allow couch dancing, topless dancing, nude or semi-nude mud wrestling and similar businesses.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(a) Less than completely and opaquely covered human genitals, pubic region, anus or female breasts below a point immediately above the top of the areolae; and/or
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(a) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts;
(b) Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;
(c) Masturbation, actual or simulated;
(d) Human genitals in a state of sexual stimulation, arousal or tumescence; and
(e) Excretory functions.
(C) Exceptions. The following types of businesses are not considered adult entertainment and are exempt from the requirements of this section:
(1) Retail sales. The sale of adult-oriented merchandise related to specified anatomical areas or specified sexual activities as defined in § 155.304.030(B) (Definitions), including adult bookstores, adult video rental stores, adult novelty stores and art galleries. All such uses must comply with Cal. Penal Code Title 9, Ch. 7.5, (Obscene Matter) and other applicable obscenity and indecent behavior laws (e.g., sexually-explicit merchandise may not be visible from building exterior);
(2) Therapeutic massage. Massage conducted by a massage therapist certified by the California Massage Therapy Council;
(3) Medical or psychological therapies. The medical or psychological therapeutic activities of state-licensed doctors, psychologists, psychiatrists or marital or sexual therapists;
(4) Modeling or theatrical performances. Nude modeling done in connection with an educational program or artistic endeavor. Occasional theatrical performances, either live or in motion picture theaters, in which nudity is incidental to the content of the presentation; and
(5) Private non-commercial behavior. This section does not regulate the private behavior of adults, which is otherwise permitted by law, where there is no payment, gratuity, exchange of labor or goods or other consideration of a transaction.
(D) Permit required. A conditional use permit is required to:
(1) Establish an adult entertainment use as a new business;
(2) Convert an existing business to an adult entertainment use; or
(3) Add activities that qualify as an adult entertainment use to an existing business.
(E) Location.
(1) LI and HN Zoning Districts only. Adult entertainment is allowed only within the Hinge (HN) and Light Industrial (LI) Zoning Districts.
(2) Prohibited on Highway 101. Adult entertainment is not permitted on properties fronting Highway 101 (Broadway, 4th Street or 5th Street).
(3) Other adult businesses. An adult entertainment use may not be established or located within 500 feet of any other adult entertainment use.
(4) Sensitive land uses. An adult entertainment use may not be established or located within 500 feet of a sensitive land use. A SENSITIVE LAND USE means any one of the following:
(a) A residential zoning district or residential use (not including caretaker units);
(b) A religious institution, on land leased or owned by any church, synagogue, mosque, temple or any school or meeting hall operated by such institution;
(c) A public or private elementary, junior high or high school, preschool or child day care center;
(d) A public park on which recreation games may be played, including lawn and parking areas, but excluding natural open space areas where no recreational facilities are present;
(e) A public assembly or public use civic building, including libraries, community centers, post offices, but excluding police and fire stations; and
(f) Other land uses oriented to youth/minors as determined by the Director (e.g., toy stores, ice cream shops and the like).
(F) Application review/conditions of approval.
(1) Applications to establish adult entertainment shall be reviewed by the City of Eureka Chief of Police. The Chief of Police shall recommend to the Planning Commission conditions of approval necessary to protect the public health, safety, and welfare.
(2) Conditions of approval may address hours of operation, lighting, management supervision, security, visibility, signage, access by minors, live performances, the configuration of interior spaces, and other development and operational standards as needed.
(3) To approve an adult entertainment use, the Planning Commission must make all findings in § 155.412.120(F) (Findings for Approval) and may attach any additional conditions of approval in accordance with § 155.408.110 (Conditions of Approval).
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)
Car share facilities in the R2 and R3 Zoning Districts are subject to the following.
(A) On-site employees and on-site servicing and repair of vehicles is prohibited.
(B) Electric vehicles (EV) charging stations and covered parking is allowed.
(Ord. 885-C.S., passed 5-21-19)
(A) Purpose and intent. This section establishes standards for emergency shelters in compliance with Cal. Gov’t Code § 65583(a)(4).
(B) Permitted zoning district. Emergency shelters are allowed in zoning districts as shown in the allowed use tables in the Zoning District Standards subchapter.
(C) Standards.
(1) Buildings and open space. An emergency shelter may be established within one or more buildings or outside of buildings in open space areas.
(2) Number of residents. For emergency shelters occupying a building, the Building Official and/or Fire Marshal will determine the maximum number of residents permitted to occupy an emergency shelter based on Building Code occupant loading requirements.
(3) Length of stay. The length of stay at an emergency shelter may not exceed one year.
(4) Separation. An emergency shelter may be located no closer than 50 feet from another emergency shelter.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)
(A) License. Family day care home providers must obtain and maintain a license from the State of California Department of Social Services.
(B) Separation; large family day care homes. A large family day care home in a residential zoning district may not be located within 300 feet of another family day care home (large or small) or a day care facility.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)
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