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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)
(A) Purpose. This section establishes standards for home occupations and cottage food operations to allow residents to conduct business and employment activities in their home in a manner compatible with a residential setting.
(B) Permits required.
(1) Home occupation permit. A home occupation that complies with all standards in division (E) below is permitted by-right with a zoning clearance.
(2) Minor use permit. A home occupation that does not comply with one or more standards in division (E) below may be allowed with a minor use permit.
(C) Business license. All persons conducting a home occupation must obtain a City of Eureka business license.
(D) Applicant agreement. All applicants requesting approval of a home occupation must sign a statement that they have read, understand and will comply with the city’s home occupation requirements.
(E) Standards. The following standards apply to all home occupations:
(1) Accessory use. The home occupation must be clearly secondary to the primary use of the property as a residence.
(3) Residential appearance. Except for a permitted sign, the existence of the home occupation may not be apparent beyond the boundaries of the site, and no permit to alter the exterior of the structure for the home occupation may be approved.
(4) Off-site effects. A home occupation may not create dust, fumes, odors, smoke, noise, vibration, or electrical interference that is perceptible beyond the property line.
(5) Hazardous materials prohibited. The storage and use of flammable, combustible, or explosive materials must receive approval from the Chief Building Official. Typically, the only such materials that will be allowed are limited to small quantities of fuel for landscaping equipment, contained mini-torches used for sculpting glass, and other similar modest quantities of materials associated with approved home occupation business types.
(6) Outdoor display or storage. Window displays, outdoor storage, or display of equipment, materials, or supplies associated with the home occupation are not allowed.
(7) Employees. A maximum of two on-site non-resident employees is allowed.
(8) Client/customer visits. Except when allowed by division (E)(9) below, only ten vehicle trips per day of clients or customers to the residence are allowed. Client or customer visits are limited to the hours between 8:00 a.m. and 8:00 p.m.
(a) For retail, commercial service, and office home occupations, no more than one client or customer may be on-site at any given time.
(b) For instructional services, tutoring, gyms, and other similar home occupations as determined by the Director, a maximum of ten students, clients, or customers may be on-site at any given time.
(9) Special events. A home occupation may host up to four special events per year where the client/customer limitations in division (E)(8) above do not apply. Special events include music recitals, dance performances, gallery open studios, and other similar events.
(10) 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 home deliveries and pick-up.
(11) Parked vehicles. Commercial vehicles/trailers greater than 19,500 pounds gross vehicle weight used by the home occupation may not be parked on site or on street.
(12) Number of home occupations per residence. More than one home occupation per residence is allowed; however, all home occupations combined must adhere to the home occupation standards. For example, regardless of the number of home occupations permitted in association with a residence, only two on-site non-resident employees would be allowed at the residence.
(F) Cottage food operations. Cottage food operations (CFO) as defined in Cal. Health and Safety Code § 113758 and Cal. Gov’t Code § 51035 are a permitted home occupation subject to the following requirements:
(1) The cottage food operation must comply with home occupation standards in § 155.304.070(E) (Standards).
(2) All cottage food operations must be registered or permitted by Humboldt County Department of Environmental Health before commencing business.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)
(A) General. A manufactured home certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.) may be used for residential purposes subject to the requirements of this section.
(B) Development standards. A manufactured home must comply with all development standards (e.g., height, setback, lot coverage) that would apply to a conventional single-family home on the same lot.
(C) Design and construction standards. A manufactured home must be compatible in design and appearance with residential structures in the vicinity and meet the following standards.
(1) Foundation. A manufactured home must be built on a permanent foundation system approved by the Building Official.
(2) Roof material. Roof material must consist of material customarily used for conventional dwelling units, such as tile, composition shingles and wood shakes and shingles.
(3) Siding material. Siding material must consist of exterior material customarily used for conventional dwelling units, such as stucco, wood, brick, stone or decorative concrete. Metal siding, if utilized, must be non-reflective and horizontally lapping.
(4) Skirting. Skirting must extend to the finished grade. Siding material utilized as skirting must be the same as the material used on the exterior wall surface of the manufactured home.
(Ord. 885-C.S., passed 5-21-19)
(A) Applicability.
(1) This section applies to the production, sale and/or distribution of retail products from a vehicle, while operating on private property. These standards also apply to on-site incidental preparation by a mobile vendor immediately before and after retail activity occurs on a site.
(2) This section does not apply to hand carts or any retailer traveling from place to place by a non-vehicular type of conveyance, which are subject to the regulations under Municipal Code Ch. 118 (Peddlers and Solicitors).
(3) This section does not apply to mobile vendors operating on a street, which are regulated under Municipal Code Ch. 75 (Mobile Vendors Operating Upon a Street).
(B) Standards. All mobile vendors must comply with the following standards.
(1) Obstructions. A mobile vendor may not directly obstruct pedestrian or vehicular traffic or block a driveway or alleyway.
(2) Schools. A mobile vendor may not operate within 300 feet of any property on which a K-12 school is located, between the hours of 7:00 a.m. and 5:00 p.m. of any school day. This prohibition does not apply if the school provides the mobile vendor written authorization to park on school property.
(3) Waste. While in operation, a mobile vendor must maintain a clearly designated waste receptacle in the immediate vicinity of the vehicle.
(4) Operation. When not engaged in on-site incidental preparations or in operation, all mobile vendors, associated equipment and waste receptacles must be removed from the site of operation.
(5) Compliance with other laws and regulations. Mobile vendors must obey all local, state and federal laws.
(6) Business improvement districts. Mobile vendors that operate, or intend to operate, within a business improvement district must pay associated fees.
(C) City approvals.
(1) Council approval on city property. Permission for a mobile vendor to operate on city-owned property, excluding public rights-of-way, requires City Council approval. This requirement does not apply to mobile vendors operating under a special event permit.
(2) Business license. Mobile vendors must acquire a city business license.
(3) Mobile vendor agreement. Prior to receiving a business license, each mobile vendor must sign a statement that they have read, understand and will comply with the city’s mobile vendor requirements.
(4) Record of approved mobile vendors. The city will keep a list of approved mobile vendors.
(Ord. 885-C.S., passed 5-21-19)
All new construction of a multi-family residential use in any location must provide either private laundry facilities in each dwelling unit or a common laundry facility with at least one clothes washer and dryer for each six dwelling units. Common washers and dryers may be coin operated.
(Ord. 885-C.S., passed 5-21-19)
(A) Applicability.
(1) The outdoor storage requirements in this section apply to the storage of goods, materials, machines, equipment, vehicles or parts outside of a building for more than 72 hours.
(2) These requirements apply only to lots occupied by a non-residential primary use or undeveloped lots in a non-residential zoning district.
(3) These requirements do not apply to:
(a) Fleet and service vehicles associated with an allowed land use when parked outdoors in a legally established parking area;
(b) Vehicle inventory parked outdoors as part of an allowed vehicle sales and rental use; or
(c) Temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit.
(B) Non-conformities. Uses non-conforming to this section must be brought into conformance when required by § 155.424.030 (Non-conforming Site Features).
(C) Where allowed. Outdoor storage is allowed as a primary use only in zoning districts identified in the allowed use tables in the Zoning District Standards subchapter. Outdoor storage is also allowed as an accessory use for the storage of goods associated with a primary non-residential use in accordance with § 155.304.020 (Accessory Uses).
(D) Screening.
(1) Outdoor storage areas must be screened with a minimum six-foot high solid fence or wall so as not to be visible from any:
(a) Public street or highway; or
(b) Residential zoning district or use.
(2) Screening fences and walls may not exceed the maximum allowed height identified in Table 320-1 of § 155.320 (Fences and Walls) and may not use prohibited fence materials identified in Table 320-2.
(E) Surfacing.
(1)
Outdoor storage areas must be surfaced with an all-weather material (such as asphalt, concrete or comparable surfacing material approved by the Public Works Director) and graded to provide adequate storm water drainage.
(2) Outdoor storage areas may be surfaced with partially permeable materials if adequate drainage, erosion and dust control are provided. Unpaved outdoor storage areas are not subject to the parking lot landscaping requirements contained in § 155.324.080 (Parking Lot Landscaping).
(3) Outdoor storage of hazardous materials requires a roof or awning over the materials and either a dead-end sump to contain spills or containment in the form of berms, dikes or curbs. All hazardous materials regulated by the California Department of Toxic Substances Control must be placed on a surface as deemed appropriate by the permitting agency. In addition, the surface must conform to all applicable federal and state air and water quality standards.
(F) Shipping containers in industrial zoning districts. Metal shipping containers (e.g., CONEX boxes) qualify as outdoor storage and are permitted in all industrial zoning districts. Shipping containers are subject to all of the outdoor storage standards provided in this subsection.
(G) Standards for shipping containers.
(1) A metal shipping container must be located at least five feet from a property line, and shipping containers that are accessory to the main occupancy use, and are located less than ten feet from the primary structure, are limited to no more than 10% of the floor area of the primary structure.
(2) The size of a shipping container shall not exceed 45 feet in length, ten feet in height, and the storage area shall not exceed 400 square feet.
(3) When a metal shipping container is located within ten feet of a property line adjoining an alley, the side of the container parallel to the alley may not be longer than one-half the length of the alley frontage. For example, when a shipping container is placed within ten feet of a property line adjoining an alley on a 50-foot-wide parcel, the side of the shipping container parallel to the alley may not be more than 25 feet long, or ½ the width of the alley frontage. See Figure 304-1
(4) When a permanent structure and a proposed metal shipping container are located within ten feet of a property line adjoining an alley, the side of the container parallel to the alley may not be longer than one-half the length of the open alley frontage. Open alley frontage is that portion of the alley frontage where no permanent structure is located on the site within ten feet of the property line adjoining the alley. For example, on a 50-foot-wide parcel, if a 28-foot-wide structure already exists within ten feet of the property line adjoining an alley, and the metal shipping container is proposed within ten feet of the alley property, the side of the shipping container parallel to the alley may not be more than 11 feet long, or ½ the width of the open alley frontage (50 - 28 = 22/2 = 11 ft). See Figure 304-2
(5) When a proposed metal shipping container is located ten or more feet from a property line adjoining an alley, the width of the side of the container facing the alley is limited only by Building and Fire Code standards. See Figure 304-3
(6) When a shipping container is used for the storage of hazardous materials, quantities of hazardous materials may not exceed those listed in California Building Code Table 307.1(1), or Table 307.1(2), and must be stored in compliance with the California Building and Fire Codes.
(7) Installation of a metal shipping container may require a Building Permit as required by the California Building Code.
(H) Shipping containers in the SC zoning district. Metal shipping containers (e.g., CONEX boxes) qualify as outdoor storage and are permitted in the SC zoning district. Shipping containers are subject to all of the outdoor storage standards provided in this subsection.
(1) Metal shipping containers in the SC zoning district must:
(a) Be located behind the primary structure when space permits. Where it is physically impossible to locate the shipping container behind the primary structure, the container must be located as close to the rear of the site as possible. A metal shipping container may not be located within the area between the front or exterior side property line and the plane of the primary structure wall.
(b) Painted to match or complement the existing primary structure on the site and must be maintained in good condition and avoid conditions that contribute to blight, including but not limited to, rust, peeling paint, and other visible forms of deterioration. Inclusion or installation of public art on the shipping container is permissible and is not required to match or complement the existing primary structure.
(c) Be located on the ground, and may not be stacked on top of another shipping container.
(2) Section 155.304.110(H) (Shipping Containers in the SC zoning district) is effective only until October 1, 2031, at which time it will expire and be of no further effect. Shipping containers existing in the SC zoning district as of the expiration of this section must either be removed from the site on or before October 31, 2031, or will continue as a non-conforming use and structure, and will be subject to the requirements in § 155.424 (Nonconformities).
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 925-C.S., passed 9-7-21; Am. Ord. 951-C.S., passed 10-17-23)
(A) General. All RV parks must conform to Cal. Code of Regulations Title 25, Ch. 5, Cal. Health and Safety Code Div. 13 and all other state laws and regulations that apply to RV parks.
(B) Length of occupancy. The maximum length of occupancy in an RV park is 180 days in any consecutive 365-day period.
(Ord. 885-C.S., passed 5-21-19)
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