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Eureka Overview
Eureka, California Code of Ordinances
EUREKA, CALIFORNIA MUNICIPAL CODE
CHARTER OF THE CITY OF EUREKA
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BUILDING REGULATIONS
CHAPTER 151: AIRPORT ZONING
CHAPTER 152: PLANNING AND ZONING ADMINISTRATION
CHAPTER 153: FLOOD HAZARD AREA REGULATIONS
CHAPTER 154: SUBDIVISION REGULATIONS
CHAPTER 155: ZONING REGULATIONS
GENERAL PROVISIONS
ZONING DISTRICT STANDARDS
CITYWIDE STANDARDS
§ 155.304 SUPPLEMENTAL USE REGULATIONS.
§ 155.304.010 PURPOSE.
§ 155.304.020 ACCESSORY USES.
§ 155.304.030 ADULT ENTERTAINMENT.
§ 155.304.040 CAR SHARE FACILITIES.
§ 155.304.050 EMERGENCY SHELTERS.
§ 155.304.060 FAMILY DAY CARE HOMES.
§ 155.304.070 HOME OCCUPATIONS.
§ 155.304.080 MANUFACTURED HOUSING.
§ 155.304.090 MOBILE VENDORS.
§ 155.304.100 MULTI-FAMILY LAUNDRY FACILITIES.
§ 155.304.110 OUTDOOR STORAGE.
§ 155.304.120 RECREATIONAL VEHICLE PARKS.
§ 155.304.130 TINY HOUSE ON WHEELS.
§ 155.304.140 TREE REMOVAL.
§ 155.304.150 VACATION RENTAL.
§ 155.308 GENERAL STANDARDS.
§ 155.308.010 LOT STANDARDS.
§ 155.308.020 HEIGHT EXCEPTIONS.
§ 155.308.030 SETBACK EXCEPTIONS.
§ 155.308.040 VISION CLEARANCE AREA.
§ 155.308.050 OUTDOOR LIGHTING.
§ 155.308.060 SCREENING FOR RESIDENTIAL ZONING DISTRICTS.
§ 155.308.070 SOLID WASTE/RECYCLABLE MATERIAL STORAGE.
§ 155.312 DESIGN STANDARDS.
§ 155.312.010 PURPOSE.
§ 155.312.020 APPLICABILITY.
§ 155.312.030 EXTERIOR MATERIALS.
§ 155.312.040 BUILDING ENTRIES.
§ 155.312.050 ARCHITECTURAL FEATURES.
§ 155.312.060 BLANK WALLS.
§ 155.312.070 GARAGE DOORS IN RESIDENTIAL ZONING DISTRICTS.
§ 155.312.080 MECHANICAL EQUIPMENT.
§ 155.316 ACCESSORY DWELLING UNITS.
§ 155.316.010 PURPOSE.
§ 155.316.020 PERMITS REQUIRED.
§ 155.316.030 WHERE ALLOWED.
§ 155.316.040 NUMBER OF ACCESSORY DWELLING UNITS.
§ 155.316.050 ACCESSORY DWELLING UNITS AS SHORT-TERM RENTALS.
§ 155.316.060 SITE AND DESIGN STANDARDS.
§ 155.316.070 INTERPRETATION.
§ 155.320 FENCES AND WALLS.
§ 155.320.010 PURPOSE AND APPLICABILITY.
§ 155.320.020 REQUIRED PERMITS AND APPROVALS.
§ 155.320.030 MEASUREMENT OF FENCE AND WALL HEIGHT.
§ 155.320.040 MAXIMUM HEIGHT.
§ 155.320.050 MATERIALS.
§ 155.320.060 NON-CONFORMING FENCES AND WALLS.
§ 155.324 PARKING.
§ 155.324.010 PURPOSE.
§ 155.324.020 APPLICABILITY.
§ 155.324.030 NUMBER OF ON-SITE PARKING SPACES REQUIRED.
§ 155.324.040 REDUCTIONS AND ALTERNATIVES TO AUTOMOBILE PARKING.
§ 155.324.050 GENERAL REQUIREMENTS.
§ 155.324.060 PARKING DESIGN AND DEVELOPMENT STANDARDS.
§ 155.324.070 BICYCLE PARKING.
§ 155.324.080 PARKING LOT LANDSCAPING.
§ 155.328 LANDSCAPING.
§ 155.328.010 PURPOSE.
§ 155.328.020 APPLICABILITY.
§ 155.328.030 LANDSCAPE PLANS.
§ 155.328.040 REQUIRED LANDSCAPE AREAS.
§ 155.328.050 GENERAL LANDSCAPE REQUIREMENTS.
§ 155.328.060 WATER EFFICIENCY IN LANDSCAPING ORDINANCE (WELO).
§ 155.328.070 MAINTENANCE AND ENFORCEMENT.
§ 155.332 RESIDENTIAL SUBDIVISION ALTERNATIVES.
§ 155.332.010 PURPOSE.
§ 155.332.020 SMALL LOT SUBDIVISIONS.
§ 155.332.030 URBAN LOT SPLIT SUBDIVISIONS.
§ 155.332.040 CONSERVATION SUBDIVISIONS.
§ 155.336 TEMPORARY USES AND STRUCTURES.
§ 155.336.010 PURPOSE.
§ 155.336.020 APPLICABILITY AND PERMIT REQUIREMENTS.
§ 155.336.030 GENERAL STANDARDS.
§ 155.336.040 TEMPORARY USES AND STRUCTURES ALLOWED BY-RIGHT.
§ 155.336.050 TEMPORARY USES AND STRUCTURES ALLOWED WITH A ZONING CLEARANCE.
§ 155.340 SIGNS.
§ 155.340.010 PURPOSE.
§ 155.340.020 APPLICABILITY.
§ 155.340.030 SIGNS ALLOWED WITHOUT PERMITS.
§ 155.340.040 PROHIBITED SIGNS.
§ 155.340.050 RULES OF MEASUREMENT.
§ 155.340.060 SIGN PERMITS.
§ 155.340.070 SIGN STANDARDS.
§ 155.340.080 GENERAL REQUIREMENTS.
§ 155.340.090 TEMPORARY SIGNS.
§ 155.344 DENSITY BONUS.
§ 155.344.010 PURPOSE.
§ 155.344.020 DEFINITIONS.
§ 155.344.030 APPLICABILITY.
§ 155.344.040 APPLICATION REQUIREMENTS.
§ 155.344.050 BONUS AND INCENTIVE CALCULATION.
§ 155.344.060 REVIEW AUTHORITY.
§ 155.344.070 FINDINGS FOR APPROVAL.
§ 155.344.080 INTERPRETATION.
ADMINISTRATIVE RESPONSIBILITIES
GLOSSARY
CHAPTER 155: ZONING REGULATIONS (old)
CHAPTER 156: COASTAL ZONING REGULATIONS
CHAPTER 157: HISTORIC PRESERVATION
CHAPTER 158: CANNABIS
CHAPTER 159: WIRELESS TELECOMMUNICATIONS FACILITIES
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 155.308.010 LOT STANDARDS.
   (A)   Minimum lot area.
      (1)   All newly-created lots must comply with the minimum lot area requirements for the applicable zoning district in the Zoning District Standards subchapter unless otherwise allowed by the Zoning Code. Minimum lot area requirements do not apply to existing lots.
      (2)   Minimum lot area requirements do not apply to individual condominiums or townhouse units, but instead apply to the creation of the entire site that is the location of the condominium or townhouse project.
      (3)   A lot line adjustment may not:
         (a)   Reduce the area of an existing lot to less than the minimum area for the applicable zoning district; or
         (b)   Further reduce the lot area for existing lots that do not comply with the minimum lot area for the applicable zoning district.
   (B)   Lot dimensions and configuration.
      (1)   Lots are not subject to minimum width and depth requirements.
      (2)   To approve a lot line adjustment or subdivision, the Director (or Planning Commission for subdivisions creating five or more lots) must find that the resulting lots, excluding remainder parcels, are “buildable.” A BUILDABLE LOT means a lot with a building site that can reasonably accommodate a structure in compliance with the minimum setbacks, lot coverage and other development standards for the applicable zoning district.
   (C)   Street frontage and access.
      (1)   Residential lots.
         (a)   Newly created lots in a residential zoning district must have frontage on and take direct access from a public street, an alley or recorded access easement.
         (b)   If vehicle access is not possible due to the location of existing buildings or other physical site features, the lot must be served by a minimum four-foot wide dedicated pedestrian accessway. Such cases must receive approval from the Fire Marshal of Humboldt Bay Fire District.
      (2)   Commercial or industrial lots. Commercial or industrial lots must either have public-street frontage or appropriate access provided by way of common/reciprocal easement (e.g., a vehicle access easement in a shopping center parking lot).
(Ord. 885-C.S., passed 5-21-19)
§ 155.308.020 HEIGHT EXCEPTIONS.
   (A)   Additional story - mixed-use zoning districts. In all mixed-use zoning districts, up to 20% of the building footprint may contain one additional story with habitable space above the maximum permitted building height. In no case may the project exceed the maximum floor area ratio in the applicable zone.
   (B)   Projections allowed by-right. The following building features may project above the maximum permitted building height in the applicable zoning district. These projections are permitted by-right, with no discretionary permit required:
      (1)   Non-habitable decorative features such as spires, steeples, belfries, cupolas and domes;
      (2)   Parapets, fire escapes, catwalks and open guard rails required by law;
      (3)   Skylight, chimneys and vent stacks;
      (4)   Photovoltaic panels and wind energy systems;
      (5)   Rooftop equipment and enclosures;
      (6)   Elevator shafts and stair towers;
      (7)   Building-mounted wireless telecommunications facilities as allowed by Ch. 159 (Wireless Telecommunication Facilities);
      (8)   Amateur radio facilities and receive-only radio and television antennas;
      (9)   Flag poles; and
      (10)   Other similar building features as determined by the Director.
   (C)   Maximum height. A projection above the maximum permitted building height may not exceed the maximum height necessary to perform its intended function as determined by the Director.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)
§ 155.308.030 SETBACK EXCEPTIONS.
   (A)   Building features.
      (1)   In residential zoning districts, the following building features may project a maximum of three feet into required setbacks, but may not cross property lines without an easement or encroachment permit:
         (a)   Cornices, awnings, eaves, and other similar roof projections;
         (b)   Bay windows, balconies, sills, louvers, fireplaces, chimneys, and similar wall projections;
         (c)   Unenclosed balconies, decks, stairways, fire escapes, and other emergency egress structures (all unenclosed); and
         (d)   On demand water heaters, utility meters and/or connections, and other equipment normally associated with a structure.
      (2)   In residential zoning districts, the total length of all building wall projections (excluding eaves and other roof projections) in required setback areas may not exceed 50% of the length of the wall to which the projection is attached. See Figure 308-1.
Figure 308-1: Maximum Length of Setback Projection
 
      (3)   In non-residential zoning districts, a building feature may extend across a property line into the public right-of-way with an encroachment permit.
   (B)   Site features.
      (1)   The following site features and accessory structures may be located within required setbacks:
         (a)   At-grade flatwork such as concrete paving and patios;
         (b)   Landing places, patios, steps and decks 18 inches or less above grade;
         (c)   Wheelchair ramps and similar features for the disabled;
         (d)   Trellis structures and arbors up to ten feet in height and at least 50% transparent. See Figure 508-1 and 508-8 in § 155.508 (Glossary) for examples of a trellis and an arbor;
         (e)   Retaining walls, seating, planter boxes and other similar landscaping features up to four feet in height;
         (f)   Decorative ornamental features up to six feet in height;
         (g)   Children’s play equipment, movable dog house and similar moveable objects;
         (h)   Movable sheds, greenhouses and other similar buildings without a foundation, less than 120 square feet, and without electrical, water or sewer connections;
         (i)   Rain harvest tanks up to eight feet in height; and
         (j)   Ground-mounted mechanical and utility equipment up to 36 inches in height.
      (2)   The following accessory structures must be set back a minimum of five feet from side and rear property lines, and may not be located within a front or exterior side setback:
         (a)   Swimming pools, hot tubs, spas, fire pits, outdoor kitchens and other similar entertainment features.
         (b)   Emergency generators.
         (c)   Pergolas. See Figure 508-6 in § 155.508 (Glossary) for an example of a pergola.
      (3)   Emergency generators.
(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. 931-C.S., passed 2-15-22; Am. Ord. 951-C.S., passed 10-17-23)
§ 155.308.040 VISION CLEARANCE AREA.
   (A)   General. For the purpose of traffic safety, properties must provide vision clearance areas (also known as sight visibility triangles) at the intersections of streets, driveways and alleys as required by this section and Municipal Code § 71.55 (Height of Obstructions). These requirements apply only to fences, walls, landscaping, trees, signs and other similar objects. These requirements do not apply to homes, garages and other buildings that comply with the minimum setback standards of the applicable zoning district.
   (B)   Non-conformities. Properties non-conforming to this section must be brought into conformance when required by § 155.424.030 (Non- conforming Site Features).
   (C)   Vision clearance areas defined.
      (1)   Streets intersections. The intersection vision clearance area is the area formed by measuring 20 feet along the two intersecting corner lot lines from the point of intersection and diagonally connecting the ends of the two lines. See Figure 308-2.
      (2)   Driveways/alleys. The driveway/alley vision clearance area is the area formed by measuring five feet along the edge of the driveway/alley and the lot line from the point of intersection, and diagonally connecting the ends of the two lines. See Figure 308-2.
Figure 308-2: Vision Clearance Area
   (D)   Maintenance of sight lines. No fence, wall, landscaping, vehicle or object over 36 inches in height may be placed within a vision clearance area, except as allowed by division (G) below.
   (E)   Pruned trees. Trees pruned at least ten feet above the established grade of the curb so as to provide clear view by motor vehicle drivers are permitted within a vision clearance area.
   (F)   One-way streets. Vision clearance areas are required at the intersection of one or more one-way streets where sight visibility triangles are needed for traffic safety purposes, as determined by the Director.
   (G)   Exceptions.
      (1)   The Director, in consultation with, and concurrence by the Public Works Director and Chief of Police, may approve an administrative adjustment to allow an exception to the vision clearance area requirement.
      (2)   To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and find that compliance with the vision clearance area standard is unnecessary for traffic safety.
(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)
§ 155.308.050 OUTDOOR LIGHTING.
   (A)   Purpose. This division establishes standards for outdoor lighting to minimize light pollution, maintain enjoyment of the night sky, and reduce light impacts on adjacent properties.
   (B)   Applicability. The standards in this division apply to all outdoor lighting in Eureka.
   (C)   Exceptions.
      (1)   Lighting installed and maintained by the city, another public agency, or a public utility;
      (2)   Athletic field lights used within a school campus or public or private park;
      (3)   Temporary construction and emergency lighting;
      (4)   Seasonal lighting displays related to cultural or religious celebrations; and
      (5)   Low intensity string lights.
   (D)   Administrative adjustments. The Director may approve an administrative adjustment to allow deviations from the standards in this division. To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and one of the following additional findings:
      (1)   The modification to the lighting standard is necessary for public safety or security purposes; or
      (2)   The modification allows for creative accent lighting of building and/or site features visible from public vantage points, and the lighting has been designed to minimize light pollution.
   (E)   Nonconformities. Properties nonconforming to this division must be brought into conformance when required by § 155.412.030 (Non-conforming Site Features). This standard does not apply to single-family uses or interior remodels with no exterior changes to the structure.
   (F)   Fixture types. All lighting fixtures must be shielded or recessed so the lighting source is not directed toward other structures, wildlife habitat, adjoining properties, or the public right-of-way. All fixtures must meet the International Dark Sky Association's (IDA) requirements for reducing waste of ambient light ("dark sky compliant") and the California Green Building Standards Code.
   (G)   Light trespass.
      (1)   Lights must be directed downward and away from adjacent lots and nearby wildlife habitat to minimize illumination of adjacent properties, nearby wildlife habitat, and the public right-of-way to the maximum extent possible.
      (2)   Direct or sky-reflected glare from floodlights may not be directed into an adjacent property or the public right-of-way.
      (3)   No lighting may produce an illumination level greater than one foot-candle on any adjacent residential property.
   (H)   Prohibited lighting. The following types of exterior lighting are prohibited:
      (1)   Bare bulbs without fixtures or hoods;
      (2)   Mercury vapor lights; and
      (3)   Searchlights, laser lights, or any other lighting that flashes, blinks, alternates, or moves.
   (I)   Parking lot lighting. See § 155.324.060(I) (Lighting).
   (J)   Residential zoning districts.
      (1)   Light fixtures in any residential zoning district may not exceed a height of 16 feet. Motion sensor lights, light fixtures used to light upper floor decks and balconies, and exterior stairs leading to upper floors, must be directed downward and away from adjoining properties and the right-of-way, and may exceed the 16-foot height limitation.
      (2)   Multi-family residential development with more than four units must provide lighting along all on-site vehicular access ways and pedestrian walkways.
      (3)   Lighting of at least one-foot candle must be provided within all covered and enclosed parking areas serving multi-family uses.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22; Am. Ord. 951-C.S., passed 10-17-23)
§ 155.308.060 SCREENING FOR RESIDENTIAL ZONING DISTRICTS.
   (A)   Screening requirement. In the mixed-use and industrial zoning districts, a solid wall or fence at least six feet high must be provided on all interior side and rear lot lines that abut a residential zoning district. Bushes, vines and other vegetation may be incorporated into the design of required fences.
   (B)   Non-conformities. Properties non-conforming to division (A) above must be brought into conformance when required by § 155.424.030 (Non-Conforming Site Features).
   (C)   Parking lot screening. See also § 155.324.060(K) (Screening) for parking lot screening standards.
(Ord. 885-C.S., passed 5-21-19)
§ 155.308.070 SOLID WASTE/RECYCLABLE MATERIAL STORAGE.
   (A)   Purpose. This division establishes standards for solid waste and recyclable material collection and storage areas.
   (B)   Applicability. The standards in this subsection apply to all multi-family residential and non-residential uses.
   (C)   Exceptions.
      (1)   Uses that do not store solid waste/recyclable materials outdoors.
      (2)   Structures with an existing site coverage of 100%.
   (D)   Non-conformities. Uses nonconforming to the standards in § 155.308.070(E) (Standards) must be brought into conformance when required by § 155.424.030 (Non-conforming Site Features).
   (E)   Standards.
      (1)   Location. Collection and storage areas may not be located in a required parking space or landscape area, and must be located as far back from the front and exterior side lot lines as feasible.
      (2)   Screening. All outdoor collection and storage areas must be screened from view from any parking lot, street, or adjoining residential zoning district, residential use, or commercial business by a fence or enclosure, compatible with adjacent architecture, with a minimum height of five feet for carts/cans, and seven feet for dumpsters.
(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)
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