[Ord. No. 2601, 8-17-2021]
The purpose of provisions contained in this Article is to provide definitions relating to electric vehicle infrastructure and standards to guide the development of electric vehicle infrastructure in order to protect the public health, safety and welfare, and to avoid significant impacts on resources and adjacent uses.
It is the intent of the City of Eureka to:
(a) 
Respond to and/or prepare for the increased need for electric vehicle infrastructure resulting from increased ownership and usage of electric vehicles;
(b) 
Encourage the establishment of convenient, cost effective electric vehicle infrastructure that such use necessitates;
(c) 
Encourage the location of electric vehicle infrastructure, to the extent possible, in areas where any potential adverse impacts on the community will be minimized; and
(d) 
Encourage visitors and shoppers to patronize Eureka-based businesses based on the availability of electric vehicle infrastructure.
[Ord. No. 2601, 8-17-2021]
For purposes of this Article, the following words and phrases shall have the following meanings:
ACCESSIBLE ELECTRIC VEHICLE CHARGING STATION
An electric vehicle charging station where the battery charging station is located within accessible reach of a barrier free access aisle and the electric vehicle to enable access by disabled persons.
BATTERY CHARGING STATION
An electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles.
BATTERY ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored onboard via a battery for motive purpose. Any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle's batteries, and produces zero tailpipe emissions or pollution when stationary or operating.
CHARGING LEVELS
The standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The types Level 1, Level 2 and Level 3 are the most common charging levels, and include the following specifications:
Level l is considered slow charging. Voltage including the range from 0 through 120.
Level 2 is considered medium charging. Voltage is greater than 120 and includes 240.
Level 3 is considered fast or rapid charging. Voltage is greater than 240.
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored onboard via a battery for motive purpose. "Electric vehicle" includes: (1) a battery electric vehicle; and (2) a plug-in hybrid electric vehicle.
ELECTRIC VEHICLE CHARGING STATION
A public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use.
ELECTRIC VEHICLE CHARGING STATION — PRIVATE RESTRICTED USE
An electric vehicle charging station that is: (1) privately owned and has restricted access (i.e., single-family home, executive parking, designated employee parking); or (2) publicly owned and restricted (i.e., fleet parking with no access to the general public).
ELECTRIC VEHICLE CHARGING STATION — PUBLIC USE
An electric vehicle charging station that is: (1) publicly owned and publicly available (i.e., commuter parking, public library parking lot, on-street parking); or (2) privately owned and available to visitors of the use (i.e., shopping center parking).
ELECTRIC VEHICLE INFRASTRUCTURE
Conduit/wiring, structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations and rapid charging stations.
ELECTRIC VEHICLE PARKING SPACE
Any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.
NON-ELECTRIC VEHICLE
Any motor vehicle that is licensed and registered for operation on public and private highways, roads, and streets that does not meet the definition of electric vehicle.
PLUG-IN HYBRID ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored onboard via a battery for motive purpose. An electric vehicle that: (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an onboard internal combustion driven generator; and (4) has the ability to travel powered by electricity.
[Ord. No. 2601, 8-17-2021]
(a) 
This Article shall apply to all electric vehicle infrastructure installed, constructed, or modified after the effective date of this Article.
(b) 
Electric vehicle infrastructure in place prior to the effective date of this Article shall not be required to meet the requirements of this Article, unless modification of the infrastructure is proposed, including upgrades.
(c) 
All electric vehicle infrastructure shall be designed, built and installed in accordance with applicable local, State and Federal codes, regulations and standards, but shall not be less than nine (9) feet in width or nineteen (19) feet in length. Where feasible, an electric vehicle charging station in commercial or industrial zoned areas shall comply with ADA standards.
[Ord. No. 2601, 8-17-2021]
(a) 
Permitted Locations.
(1) 
Level 1 and Level 2 electric vehicle charging stations are permitted in every residential zoning district, as an accessory to the primary permitted use. Vacant lots may not install an electric vehicle charging station without a residential structure. Such stations located at single-family and multiple-family dwellings shall be designated as private restricted use only. Installation shall be subject to permit approval administered by the Building Commissioner, who may require upgrades to the electric service as deemed necessary in his/her sole judgment for the safe addition and operation of the system. No Level 1 and Level 2 electric vehicle charging stations shall be constructed on City, State or County right-of way or property, and shall comply with all set back regulations for the zoning district. Level 1 and Level 2 electric vehicle charging stations shall be constructed within the garage structure, or if no garage exists shall be screened as approved by the Building Commissioner.
(2) 
Level 3 electric vehicle charging stations shall require a Special Use Permit in all residential zoning districts, as an accessory to the primary permitted use. Vacant lots may not install an electric vehicle charging station without a residential structure. Installation shall be subject to permit approval administered by the Building Commissioner, who may require upgrades to the electric service as deemed necessary in his/her sole judgment for the safe addition and operation of the system. No Level 3 electric vehicle charging stations shall be constructed on City, State or County right-of-way or property, and shall comply with all set back regulations for the zoning district. Level 3 electric vehicle charging stations shall be constructed within the garage structure, or if no garage exists shall be screened as approved by the Building Commissioner.
(b) 
Application and Approval.
(1) 
Charging stations located in any single-family or multiple-family dwellings, as accessory uses, shall comply with the requirements of this Article and any applicable permitting requirements.
(2) 
Charging stations located in any commercial or industrial sites shall require a Special Use Permit and shall require a site review and approved site plan.
(c) 
General Requirements. Electric vehicle charging stations within single-family residences are exempt from the below general requirements. All other residential zoning classifications must comply with the General Requirements. Single-family residential applications are not exempt from electrical or other permit obligations.
(1) 
Parking.
a. 
An electric vehicle charging station space shall be included in the calculation for minimum required parking spaces required in the Municipal Code. Existing parking spaces required for an existing development may not be converted to charging station spaces without providing additional parking spaces.
b. 
Public electric vehicle charging stations are reserved for only actively charging electric vehicles. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
c. 
It shall be unlawful for any vehicle to be parked or left standing in a space designated for charging of an electric vehicle, unless the vehicle is connected for charging and actively charging.
(2) 
Accessible Spaces. It is strongly encouraged, but not required, that a minimum of one (1) accessible electric vehicle charging station be provided that is ADA accessible. Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and connected to a barrier free accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons.
(3) 
Lighting. Site lighting shall be provided where an electric vehicle charging station is installed, unless charging is for daytime purposes only. Any application shall include the type and duration of the proposed lighting.
(4) 
Equipment Standards and Protection.
a. 
Battery charging station outlets and connector devices shall be no less than thirty-six (36) inches and no higher than forty-eight (48) inches from the surface where mounted. Equipment mounted on pedestals, lighting posts, bollards or other devices shall be designed and located as to not impede pedestrian travel or create a trip hazard.
b. 
Adequate battery charging station protection, such as concrete filled steel bollards, shall be used. Curbing may be used in lieu of bollards, if the battery charging station is setback a minimum of twenty-four (24) inches from the face of the curb.
(5) 
Usage Fees. The property owner or operator is not restricted from collecting a service fee for the use of an electric vehicle charging station made available to visitors of the property. Any amounts charged by the property owner or operator shall be subject to all applicable City taxes, including sales taxes.
(6) 
Signage.
a. 
Information shall be posted identifying voltage and amperage levels and any time of use, fees, or safety information related to the electric vehicle charging station. Only one (1) sign per charging station shall be allowed. The maximum size of any sign shall be seventeen (17) inches by twenty-two (22) inches in size. No electric charging station space sign shall contain any advertising for any business, product or service, including that of the business conducted on the premises on which it is located.
b. 
Each electric vehicle charging station space shall be posted with signage indicating the space is only for purposes of actively charging electric vehicles. For purposes of this Subsection, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment.
(7) 
Maintenance. Electric vehicle charging stations shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the equipment for reporting when it is not functioning or other problems are encountered.
(8) 
Emergency Disconnect. For electric vehicle charging stations rated at more than 60 Amps or more than 150 Volts to ground, a means of disconnect must be installed in a readily accessible location and within sight of the electric charging connector. If the disconnect is not in sight of the equipment, it must be capable of being locked in the open position.
(9) 
Decommissioning. Unless otherwise directed by the City of Eureka in writing, within thirty (30) days of cessation of use of the electric vehicle charging station, the property owner or operator shall restore the site to its original condition, including the removal of all equipment and signs.
[Ord. No. 2601, 8-17-2021]
If any part of this Article conflicts with any other applicable Federal, State or local regulation, the more restrictive regulation shall control.