City of Eureka, MO Miscellaneous Regulations

It shall be unlawful for any person to erect or construct utility poles or lines for the transmission of electricity, telephone messages, or other public utility transmissions above the surface of the ground within the confines of the City, and all such distribution lines shall be installed underground. Overhead distribution feeder lines, overhead through lines, cable switching enclosures, pad mounted transformers, and services pedestals shall be allowed above ground but not directly over the improved street rights of way, except for purposes of crossing street rights of way.

Placement of said underground cables shall be subject to the building requirements of Chapter 5 of the Code of the City of Eureka. Nothing contained herein shall prevent the maintenance or repair of existing above ground utility poles and lines, the erection, construction, and maintenance of temporary poles and lines erected in connection with construction projects in the City, or the maintenance of utility poles and lines above the surface of the ground existing prior to the enactment of said Section.

Where unusual topographical conditions exist, the Board of Aldermen may grant exceptions upon application.

(d)

Whenever any streets, alleys, sidewalks, curbs, or gutters shall be disturbed or injured in the installing or maintenance of any equipment in pursuance of this Article, it shall be the duty of the owner of such equipment, on the completion of the work, to immediately restore and repair such street, alley, sidewalk, curb or gutter so disturbed or injured to the satisfaction of the Director of Public Works.

(e)

This Section does not apply to all present residential and platted commercial and industrial subdivisions, but shall apply to any new residential developments and new platted commercial and industrial subdivisions from and after May 15, 1990.

Section 5-33 Satellite Dish Regulations.

[Ord. No. 1157 §§1-4, 4-18-1995; Ord. No. 1341 §1, 2-17-1998; Ord. No. 1360 §1, 6-2-1998]

For purposes of these regulations, a "satellite dish" is defined as a typically round and concave device of various diameters normally mounted outside of a dwelling unit or other building attached to the structure or mounted on the ground, intended for reception of digital data, video and/or audio signals transmitted by, from or through orbital satellites. Any reference to a satellite dish also includes all bases, equipment and hardware necessary to properly install and operate same.

For purposes of these regulations, an "antenna" is defined as any structure constructed and utilized to transmit and/or receive electromagnetic waves, including but not limited to, radio signals, television signals, telephone or cellar signals, digital data signals, shortwave radio signals, satellite signals, and/or any other communication device signal not listed herein. These regulations apply to all antenna whether mounted outside of a dwelling unit or other building attached to the structure or mounted on the ground. Any reference to an antenna also includes all bases, equipment and hardware necessary to properly install and operate same. Subject to the discretion of the Board of Aldermen, these regulations are not intended to apply to any commercial communication relay and transfer tower exceeding six (6) feet regulated under any other Section of the City Code.

The following standards shall apply to the location, installation, appearance and operation of antenna and satellite dishes within all zoning districts:

A satellite dish and/or antenna must be located on property which it is serving.

Not more than one (1) satellite dish may be operated on a single lot.

Not more than one (1) antenna may be operated on a single lot.

(4)

The combination of one (1) satellite dish and one (1) antenna may be operated on a single lot as long as the property owner follows all regulations contained herein.

(5)

For purposes of these regulations, each residential unit in a multi-family structure shall be considered a single lot and the occupants of each said unit may apply to construct or erect nor more than one (1) satellite dish and one (1) antenna. Each applicant under this Subsection must submit with his/her building permit application a statement in writing signed by the property owner, or the property owner's agent, consenting to the construction or erection of the proposed satellite dish or antenna.

(6)

Satellite dish and/or antenna plans including a site plan and a building permit application must be submitted to the City, and a building permit must be issued prior to any portion of same being installed. All rules and regulations regarding building permits apply to proposed satellite dishes and/or antennae, except that no fee whatsoever, including any and all application fees, shall be collected by the City for the issuance of a building permit under these provisions.

(7)

A satellite dish and/or antenna not attached to a structure may be located only in a rear yard and must observe setback and all other requirements applicable to the standards set forth for ancillary structures and appurtenances in the zoning district for which there is a proposed satellite dish installation.

(8)

A satellite dish and/or antenna mounted on a single-family dwelling or on a one-story multi-family structure may not exceed thirty-six (36) inches in diameter, and whenever possible should be mounted on the side or rear of a structure in such a manner so as not to face any roadway.

(9)

A satellite dish and/or antenna exceeding twenty-four (24) inches in diameter may be mounted on the roof of a two-story three (3) or more unit multi-family structure or on the roof of a commercial or industrial structure, subject to all provisions stated herein.

(10)

A ground based satellite dish and/or antenna may be installed at a height no greater than six (6) feet, unless a greater height is necessary for normal signal reception. An applicant may be required to provide evidence from the appropriate professionals to substantiate a particular proposed installation exceeding the height limitation contained herein. Said measurement shall be calculated from the established grade to the highest point of the proposed satellite dish and/or antenna.

(11)

A roof-based satellite dish and/or antenna mounted on the roof of a single-family dwelling or on a one-story multi-family structure may be installed at a height no greater than thirty-six (36) inches above the highest point of the dwelling's rooftop, excluding all chimneys and venting apparatus, unless a greater height is necessary for normal signal reception. An applicant may be required to provide evidence from the appropriate professionals to substantiate a particular proposed installation exceeding the height limitation contained herein. Said measurement shall be calculated from the established rooftop to the highest point of the proposed satellite dish and/or antenna.

(12)

A roof-based satellite dish and/or antenna mounted on the roof of a two-story, three (3) or more unit multi-family structure or on the roof of a commercial or industrial structure may be installed at a height no greater than two (2) feet beyond the highest point of the dwelling's rooftop, excluding all chimneys and venting apparatus, unless a greater height is necessary for normal signal reception. An applicant may be required to provide evidence from the appropriate professionals to substantiate a particular proposed installation exceeding the height limitation contained herein. Said measurement shall be calculated from the established rooftop to the highest point of the proposed satellite dish and/or antenna.

(13)

A satellite dish and/or antenna shall be installed and operated in an aesthetically pleasing manner by the use of measures, including, but not limited to the use of landscaping or other suitable screening. The satellite dish and/or antenna shall not be of an offensive design or color, and whenever possible shall be of neutral colors which do not contrast with the surroundings.

(d)

These regulations do not grant authority for the outdoor display of such devices for purposes of selling same or service associated therewith, and any such authority shall be by special use permit for outdoor display of merchandise.

(e)

As is the case with many regulations including these, subdivision indentures may be more restrictive than City ordinances, thus superseding them when more restrictive.

(f)

The purpose of these regulations is to protect the health and safety of the citizens of Eureka by regulating the size, height, and location of satellite dishes and/or antennae.

These regulations are intended to prevent satellite dishes and/or antennae from being located in areas obstructing vehicular or pedestrian traffic, or in any area that may create an unreasonable risk of harm to people, animals, or property. Furthermore, these regulations are intended to ensure that any satellite dish and/or antenna shall be constructed of quality material and quality craftsmanship in an effort to reduce the possibility of physical harm to people, animals, or property due to improper or inferior construction and/or installation. Additionally, these regulations are intended to advance the general welfare of the citizens of Eureka by protecting the aesthetic appearances of neighborhoods and other areas from inappropriate satellite dishes and/or antennae.

Section 5-34 Outdoor Storage and/or Operation of Appliances.

[Ord. No. 1375 §1, 9-15-1998]

For purposes of this Section, an "appliance" shall be defined as a household or commercial device or machine designed for performing a specific task, either mechanically or electrically. Appliances shall include, but not be limited to, washers, dryers, water heaters, trash compactors, dishwashers, microwave ovens, conventional ovens, ranges, stoves, wood stoves, air-conditioners, refrigerators, freezers, dehumidifiers and humidifiers. As required, the City shall make a determination as to what constitutes an appliance.

No appliance shall be stored or operated outdoors in the front or side yards of a parcel, nor be stored or operated outdoors on any portion of a parcel not containing a structure. An exception to this restitution are appliances stored outdoors adjacent to the curb awaiting pickup by a refuse hauler or other party for the purpose of disposing of same.

These provisions shall not be applicable to any appliance stored or operated outdoors which is an integral part of a structure situated on a parcel such as an air-conditioner, wood burning stove or other appliance, with the condition that any such installation was authorized by the City or its agents with proper permits and same remains in good working condition.

Section 5-35 Construction Operating Times.

[Ord. No. 1718 §1, 9-16-2003; Ord. No. 1939 §1, 8-29-2006]

Definitions. As used in this Section, the following definitions apply unless the context clearly indicates another meaning:

DAYTIME HOURS

7:00 A.M. to sunset (as published by the Astrological Applications Department of the U.S. Naval Observatory) Monday through Friday and 8:00 A.M. to sunset (as published by the Astrological Applications Department of the U.S. Naval Observatory) Saturday and Sunday.

EMERGENCY WORK

Work necessary to restore property to a safe condition following a public calamity or work required to protect person or property from imminent exposure to danger.

HEAVY EQUIPMENT

Any vehicle or other device used in construction including, but not limited to, large trucks, dump trucks, graders, bulldozers, jackhammers, loaders, excavators, trenchers, backhoes, earth-moving equipment, dozers or air compressors.

PERSON

Any entity, corporation, partnership or individual.

RESIDENCE

Any building which is designed or used exclusively for residential purposes, except hotels and motels.

Restrictions Generally. No person or entity shall cause or allow construction work of any kind that creates a sound level measured at the property line in excess of sixty (60) decibels (normal conversational speech measured at one (1) foot from the source) including, but not limited to, hammering, running of motors, mixing materials, the operation of any heavy construction equipment, hauling, erection (including excavation), demolition or grading equipment, alteration or repair of any building or structure within one thousand (1,000) feet of a residence other than during daytime hours, except in the case of urgent necessity in the interest of public safety and then with permission of the City Administrator, Public Works Director or Building Commissioner for a period not to exceed three (3) days which may be renewed for a like or less period if the emergency continues.

Exceptions. The following shall constitute exceptions to the time limitations as herein specified:

Emergency work to repair or maintain public/private utility facilities;

Emergency work to repair equipment or facilities damaged or rendered inoperable as a direct result of unavoidable damage or upset conditions providing such occurrence is reported to the City Administrator, Public Works Director or Building Commissioner within twenty-four (24) hours after the occurrence;

The repair, maintenance or construction of public highways of the State, County or municipal government, or such public or quasi-public municipal corporations as may be established under the Constitution of the State of Missouri.

Section 5-36 Neon Lighting Prohibited.

[Ord. No. 1823 §1, 3-15-2005]

For purposes of this Section, "neon lighting" shall be generally defined as glass or plastic tubing containing any gaseous material which is electrically charged to produce illumination. "Neon lighting" shall also include light emitting diode (LED) materials which are designed to be installed and operated in a manner so as to have a similar appearance to gas filled tubing.

The use of neon lighting on all structures is hereby prohibited, except as may be allowed in connection with certain neon building signage authorized by Chapter 19A of this Code. This prohibition shall include internally mounted neon lighting which is visible from outside of the structure.

Section 5-37 (Reserved) [1]

[1]

Editor's Note: Former Section 5-37, Structures in Front, Side or Rear Yards, which derived from Ord. No. 1852 §1, 9-6-2005; Ord. No. 2302 §1, 6-17-2014, was repealed 1-18-2022, by Ord. No. 2636.

Section 5-38 (Reserved) [1]

[1]

Editor's Note: Former Section 5-38, Structures on Lots having three (3) or more Front Yards, which derived from Ord. No. 1949 §1, 11-21-2006, was repealed 1-18-2022, by Ord. No. 2636.

Section 5-39 Decontamination of Structures Where Methamphetamine Has Been Produced.

[Ord. No. 2273 §1, 10-1-2013]

Purpose. Pursuant to the Eureka Building Regulations, the following standards, requirements and protocols are established for the cleanup of illegal laboratories used to manufacture methamphetamine which property owners are required to meet.

Applicability. The requirements of this Section apply when the owner of property that has been posted as an unsafe structure receives notification from the Code Official of the City of Eureka that chemicals, equipment, or supplies indicative of a drug laboratory were located at the property, or when a drug laboratory is otherwise discovered, and the owner of the property where the drug laboratory was located has received notice.

CONTAMINATION OR CONTAMINATED

Definitions. As used in this section, the following terms shall have these prescribed meanings:

AGENT OF THE OWNER

A current employee or representative of the owner of record who was in the employ of that owner at the time the property was determined to be an illegal drug manufacturing site; or is a current employee or representative of any new owner.

BUILDING

A structure which has the capacity to contain humans, animals or property.

CHEMICAL STORAGE AREA

Any area where chemicals used in the manufacture of methamphetamine are stored or have come to be located.

CODE OFFICIAL

The Building Commissioner for the City of Eureka, Missouri, or his designee.

CONTAMINANT

A chemical residue that may present an immediate or long-term threat to human health and the environment.

The presence of chemical residues which may present an immediate or long-term threat to human health or the environment.

CONTRACTOR

One (1) or more qualified individuals or commercial entities hired to perform work in accordance with the requirements of this protocol.

COOKING AREA

Any area where methamphetamine manufacturing is occurring or has occurred.

DECONTAMINATION

The process of reducing the level of contamination to the lowest practical level using currently available methods. At a minimum, decontamination must reduce contamination of specified substances at or below the concentrations allowed by this protocol.

FUNCTIONAL SPACE

A space where the spread of contamination may be expected to occur relatively homogeneously, compared to other functional spaces. The functional space may be a single room or group of rooms designated by an inspector who, based on professional judgment, considers the space to be separate from adjoining areas with respect to contaminant migration. Typical examples of functional spaces include a crawl space, an attic, and the space between a dropped ceiling and the floor or roof deck above.

MEDIA

The physical material onto which sample substrate is collected. "Media" includes gauze, glass fiber filters, etc.

METHAMPHETAMINE

Dextro-methamphetamine, levo-methamphetamine, and unidentified isomers of the same, any racemic mixture of dextro/levo methamphetamine, or any mixture of unidentified isomers of methamphetamine. The term includes derivatives, conjugates, oxides and reduced forms of the basic structure associated with the formation of methamphetamine. For the purposes of this protocol, this term includes amphetamine, ephedrine and pseudoephedrine.

PERSON

Any individual, public or private corporation, partnership or association.

PROPERTY

Anything that may be the subject of ownership or possession, including, but not limited to, land, buildings, structures, vehicles and personal belongings.

PROPERTY OWNER

For the purposes of real property, the person holding fee title to real property. "Property owner" also means the person holding title to a manufactured home. With respect to personal property, the term means the person who lawfully owns such property.

REMOVAL

The taking out or stripping of material or surfaces to eliminate the potential for exposure to contaminants on or in the material or surfaces.

SUBSTRATE

The material being collected. Substrates may include soils, water, painted surfaces, carpet or carpet debris, unidentified powders, dust, etc.

UNSAFE STRUCTURE

Any structure, building or premises that has the defects or characteristics contained in Section 116, International Building Code, and thereby constitute a hazard to safety, health or public welfare.

VACUUM SAMPLE

A non-airborne dust sample collected from a known surface area of a porous surface or material using standard micro-vacuum sampling techniques.

WASTE DISPOSAL AREA

Any area where chemicals used or generated in the manufacture of methamphetamine are disposed or have come to be located.

WIPE SAMPLE

A surface sample collected by wiping a sample media on the surface being sampled.

(d)

Assessment. When law enforcement personnel discover property where methamphetamine has been produced, or where the equipment and chemicals to produce methamphetamine are present in sufficient quantities to warrant enforcement action, they will take samples using a methamphetamine field test kit. The field test used shall be of the type approved by law enforcement officials, industry experts and the courts, and shall measure the presence of methamphetamine residue on surfaces at a level that is at least as high as the level established in Subsection (h) below. The assessment shall be performed by personnel who the Chief of Police has determined are appropriately trained, and the assessment shall include, but not be limited to, the following:

Assessment of the number and type of structures present on the property where methamphetamine may have been produced.

Identification of structural features that may indicate separate functional spaces, such as attics, false ceilings and crawl spaces, basements, closets and cabinets.

Identification of the manufacturing methods based on observations, reports from law enforcement personnel and knowledge of manufacturing methods.

(4)

Identification of possible areas of contamination based on visual observation, reports from law enforcement personnel, proximity to chemical storage areas, waste disposal areas or cooking areas, signs of contaminations such as staining, etching, fire damage, outdoor areas of dead vegetation or based on the professional judgment of the person collecting the samples.

(5)

Identification of adjacent units and common areas to determine the likelihood that contamination has spread or may have been tracked.

(6)

Identification of common ventilation systems with adjacent units or common areas.

(e)

Sampling Plan. On the basis of the analysis of these areas and the judgment of the person collecting the data, a sampling plan will be formulated to determine the areas with the greatest probability of containing the highest possible concentrations of contaminants. Samples will be taken with techniques that are appropriate for the surface being sampled using media and testing kits designed to detect the presence of methamphetamine, the results of which are determined as the samples are collected.

(f)

Posting of Notice. If the field test reveals the presence of methamphetamine at levels in excess of the levels established herein, the structure shall be considered unsafe for human habitation and it will be posted as an unsafe structure by the Code Official. A structure or unit that is posted as unsafe shall not be occupied until the Code Official orders that status removed.

(g)

Procedures For Assessment, Sampling and Testing.

While posting the structure constitutes notice, the Code Official shall also attempt to contact the owner of record of the affected property, or the owner's agent, by sending a letter via certified mail. Whether the certified mail is collected or is returned to the Code Official as undeliverable, the City shall proceed on the basis of the posted notice.

The notice shall inform the owner to contact the Building Department to establish a schedule for decontaminating the structure. If the owner does not contact the City within the time specified in the notice, the Code Official may request Ameren Missouri to disconnect the electric service to ensure the structure is not reoccupied until decontamination is performed.

If the owner contacts the City within the prescribed period, the owner may request permission to have the property retested. If the owner chooses to retest the property, the owner must employ the services of a company that the Code Official shall determine is qualified to perform sampling and to analyze the samples. If the owner chooses to hire a company to collect new samples, a trained law enforcement officer for the City must be present when the samples are taken and the owner shall pay an inspection fee of forty dollars ($40.00), payment of which must be made prior to removal of the unsafe structure declaration. The results of the analysis shall be provided to the Code Official.

(4)

Testing shall be performed in accordance with the appropriate sections of the United States Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August, 2009).

(h)

Contamination Levels. A structure will be considered unsafe and non-compliant if it is found to contain more than the following levels of any of these chemicals:

Methamphetamine in a concentration equal or greater than 0.1 µgram/100 cm².

If it is determined that the phenyl-2-propanone (P2P) method of methamphetamine manufacturing was used, surface levels for lead in excess of 20 µg/ft² and vapor samples for Mercury in excess of 50 ng/m.

(i)

Decontamination.

If testing reveals the presence of contamination in levels that exceed the standards set forth in this Section, the owner is required to hire a qualified contractor to decontaminate the structure and shall advise the Code Official of the schedule for decontamination. At a minimum, to be qualified to perform decontamination, contractors and all personnel must have completed the forty-hour hazardous waste operations and emergency response (HAZWOPER) training [Occupational Safety and Health Administration (OSHA) 29 CFR 1910] and a clandestine drug lab assessment and decontamination course that is provided by a sponsor acceptable to the Code Official.

The schedule for the work and evidence that the contractor has met the minimum training requirement must be submitted for approval to the Code Official within seven (7) business days of the posting of the notice. Approval will be based solely on the timeliness of the schedule and qualifications of the contractor. Approval or rejection of the schedule will be provided within three (3) business days of submission. If rejected, the owner will be informed of specific reasons for the rejection and will be required to amend the schedule or the proposed contractor. Decontamination shall be performed in accordance with the appropriate sections of the United States Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August, 2009).