[Ord. No. 646 §2; Ord. No. 756 §1; Ord. No. 769 §1; Ord. No. 947 §1; Ord. No. 1265 §1, 11-19-1996; Ord. No. 1346 §1, 3-17-1998; Ord.
No. 1488 §17, 10-17-2000; Ord. No. 2636, 1-18-2022]
(a) Retail
and consumer sales (indoor only).
(b) Animal
care offices or veterinary clinics.
(c) Bank,
credit union or other financial institutions.
(f) Dressmaking
or tailor shops.
(g) Dry
cleaning establishment.
(h) Shoe
or leather repair shop.
(i) Construction
office, sales and indoor storage.
(j) Electronic
and other electrical equipment repair.
(k) Limousine,
delivery or messenger service.
(l) Professional
services, including medical, dental, legal, engineering, accounting,
architect, insurance or investment.
(m) Business
service office, such as marketing, IT services, title company, etc.
(o) Interior
decorator services.
(p) Medical
or dental laboratory.
(q) Studio
for teaching art, crafts or music.
(r) Restaurants
without drive-in or drive-through.
(s) Libraries,
clubs, meeting rooms and auditoriums.
(u) Automobile
parking lots and garages.
(v) Mortuaries
and funeral homes.
(w) Fire
stations, Police stations, civic centers and other governmental office
buildings.
(x) Local
public utility facilities and business offices associated with such.
(y) Schools,
private or public.
(z) Real
estate sales or display office.
(aa) Post
Office, shipping or copy store.
(bb) Residential
use above the first floor.
(ee) Licensed
massage therapist facility.
(gg) Indoor
sport facility.
|
When a proposed use is not listed and it is unclear whether
the use is permitted, the Building Commissioner shall determine whether
or not the proposed use is similar to a listed use and whether it
may be permitted. Any party aggrieved by a decision of the Building
Commissioner may appeal as provided in this Chapter.
|
[Ord. No. 646 §2; Ord. No. 756 §2; Ord. No. 764 §1; Ord. No. 769 §2; Ord. No. 987 §1, 5-7-1991; Ord. No. 1029 §1, 7-21-1992; Ord.
No. 1221 §1, 4-16-1996; Ord. No. 1274 §1, 2-4-1997; Ord.
No. 1278 §1, 3-18-1997; Ord. No. 1346 §1, 3-17-1998; Ord.
No. 1472 §1, 8-15-2000; Ord. No. 1503 §1, 1-2-2001; Ord.
No. 1582 §1, 1-15-2002; Ord. No. 1650 §1, 10-1-2002; Ord.
No. 1892 §1, 2-21-2006; Ord. No. 1940 §1, 9-19-2006; Ord.
No. 1974 §§1 — 2, 6-5-2007; Ord. No. 2005 §1, 10-16-2007; Ord. No. 2017 §1, 12-4-2007; Ord.
No. 2223 §1, 7-3-2012; Ord. No. 2295 §1, 4-1-2014; Ord. No. 2341 §2, 8-4-2015; Ord.
No. 2345 §1, 9-1-2015; Ord. No. 2431, 11-21-2017; Ord. No. 2451, 6-5-2018; Ord. No. 2496, 8-6-2019; Ord. No. 2516, 11-5-2019; Ord. No. 2559, 10-20-2020; Ord. No. 2581, 4-6-2021; Ord. No. 2601, 8-17-2021; Ord. No. 2636, 1-18-2022]
(a) Hotels, motels and limited stay boarding facilities.
(c) Sales rooms, show rooms and display lots for the sale and rental of new and/or used automobiles, trucks, motorcycles, scooters, mopeds, golf carts, trailers, truck bodies, boats, farm equipment, manufactured and mobile homes, recreational vehicles and other recreational equipment, subject to provisions including those set forth in Section
23-91.2.
(d) Recreational
uses and activities, including an amusement park, theater, skating
rink, gymnasium, workout facility, martial arts studio, dance studio,
indoor arcade and amusement center, ice rink and bowling alley.
(f) Motor
vehicle service stations and repair shops.
(i) Retail
sales of alcoholic beverages not in conjunction with a restaurant,
cafeteria or supermarket.
(j) Nursing
homes or assisted living facilities.
(k) Apartment
dwelling units in buildings designed for and occupied primarily for
commercial purposes other than above the first floor.
(l) Outdoor
storage and display of merchandise, material and equipment, excluding
junk yards, including tables and chairs for purposes of providing
a seating area when visible from any public right-of-way contiguous
with the subject property, which must be located on the property served
by such, except that tables and chairs provided in conjunction with
an application for an Outdoor Eating Place/Beer Garden and/or Sidewalk
Cafe shall not be considered outdoor storage for purposes of this
Section.
(m) Radio
and television transmission towers.
(n) Unenclosed
or open air markets.
(p) Nursery
schools and day care facilities, adult or child.
(q) Animal
grooming salon or self service pet wash.
(s) Self-storage
mini-warehouses.
(t) Contractor's
office with outside storage.
(u) Fabrication
job shop utilizing high technology machinery which does not create
waste products or other by-products impacting public health and safety.
(v) Plant
nurseries and greenhouses, including medical marijuana cultivation
facilities.
(y) Title
loan or check cashing.
(z) Telecommunications
facilities, subject to additional provisions contained in this Chapter.
(aa) Owner
or leaseholder residential use of property ancillary to a principal
commercial use.
(bb) Solid and hazardous waste industry related uses including:
(1) Solid and hazardous waste facility administrative or operations offices.
(2) On-site and off-site parking or storage of waste industry vehicles
or equipment.
(3) Recyclable material collection centers or recycling reclamation facilities.
(4) Commercial yard waste or composting operations.
(8) Waste separation facilities.
(9) Waste hauling facilities.
(10) Hazardous material mitigation facilities.
(cc) Any facility with a drive-through service component.
(ee) Residential uses and structures, other than in Section
23-90(bb).
(ff) Indoor
or outdoor firing range.
(ii) Liquid and gaseous nicotine product establishments as defined in Section
23-12.
(jj) Animal
day care facilities.
(kk) Medical
marijuana dispensary facilities.
(ll) Medical
marijuana-infused products manufacturing facilities.
(mm) Medical
marijuana testing facilities.
(nn) Event
centers or banquet halls.
(oo) Outdoor
display, business or storage of any type or kind.
(qq) Outdoor
firearms training facility.
(rr) Equipment
rental facility.
(tt) Convenience
store with gas pumps.
(uu) Electric
vehicle or equipment charging stations.
(vv) Storage
of boats, trailers, motor vehicles or recreational vehicles.
(ww) Indoor
overnight boarding of dogs.
(xx) Comprehensive
marijuana cultivation facility.
[Ord. No. 2712, 4-18-2023]
(yy) Comprehensive
marijuana dispensary facility.
[Ord. No. 2712, 4-18-2023]
(zz) Microbusiness
marijuana dispensary facility.
[Ord. No. 2712, 4-18-2023]
|
When a Special Use is not listed and it is unclear whether the
proposed use can receive consideration, the Building Commissioner
shall determine whether or not a proposed use is similar to a listed
use and whether it may be permitted. Any party aggrieved by a decision
of the Building Commissioner may appeal as provided in this Chapter.
|
[Ord. No. 1264 §§2 — 3, 11-19-1996]
(a) Definitions. For purposes of these regulations,
the following words shall have the meanings set out herein:
EQUIPMENT
Any residential, commercial or industrial class self-propelled
or wheeled towable machinery used in construction, farming, lawn and
garden care, commercial operations or industrial operations.
MOTOR VEHICLE
Any motorized, self-propelled automobile, motorcycle, truck
or recreational vehicle.
OFF-SITE PARKING OR STORAGE
The parking or storage of motor vehicles, trailers or equipment
by or on behalf of the owner or operator of same on property or a
portion thereof not owned, leased or rented by the owner or operator
of said motor vehicle, trailer or equipment.
TRAILER
An open or enclosed transport or container used for the movement
or storage of goods, materials, supplies, tools, equipment, merchandise,
motor vehicles, boats or animals.
(b) General Provisions.
(1)
The Planning and Zoning Commission and Board of Aldermen may
give consideration to applications for off-site parking or storage
under the special use permit provisions on property that is not residentially
zoned.
(2)
The owner or operator of the land on which the off-site parking
or storage activity is being conducted shall be the applicant, not
the owner or operator of the motor vehicle, trailer or equipment being
stored on same.
(3)
Consideration criteria will be reviewed a minimum of annually,
and if an inspection of property and the motor vehicles, trailers
or equipment located thereon results in a determination that any standards
are lacking, City staff may place the applicant on notice and request
review of the special use authority, with the possible outcome of
special use permit rescission by the Board of Aldermen.
(4)
The assessment and professional opinion of City staff shall
be the factor in determining if an activity presently being conducted
or to be proposed is not in conformance with these provisions. The
Planning and Zoning Commission shall be the appeals body for such
a staff determination.
(5)
All commercial zoning district areas utilized for off-site parking
or storage, and ingress/egress thereto, shall be hard surfaced with
concrete or asphalt in conformance with City specifications. All light
industrial or greater district areas utilized for off-site parking
or storage, and ingress/egress thereto, shall be surfaced with a minimum
of six (6) inches of rolled gravel in conformance with City specifications.
(c) Off-Site Parking Or Storage Consideration. In addition
to normal factual determination criteria, following are examples of
factors which may be examined or conditions which may be imposed during
the course of application consideration:
(1)
In instances where there is an existing business, the degree
to which the subject motor vehicles, trailers or equipment can practically,
reasonably and economically be parked on property the owner or operator
of same owns, leases or rents.
(2)
Existing and/or proposed lot improvements and topographical
conditions.
(3)
Impact on adjacent properties (property values, aesthetics,
etc.).
(4)
Effects on general community standards (passersby, etc., not
immediately adjacent to the subject site).
(5)
What can be stored in a particular location (type, number, etc.).
(6)
Degree to which it might create or exacerbate hazardous or unsanitary
conditions.
(7)
Creation or aggravation of general nuisances such as visual,
noise, odor, etc.
(8)
Ongoing lot and/or vehicle/trailer maintenance standards.
(9)
Landscaping/screening/buffer requirements.
(10)
Ingress/egress and general traffic impact standards.
(11)
Proximity to residential zoning districts or residentially utilized
property in other zoning districts.
(12)
Proximity to other businesses and/or property lines and/or streets.
(13)
No wrecked, derelict, or otherwise unsightly or unsafe motor
vehicles, trailers or equipment.
(d) All moratoriums on prosecution shall expire within sixty (60) days
of November 19, 1996. There shall be no legal non-conformities created
as a result of this Section unless an individual or entity can present
evidence that they are conducting their particular off-site parking
or storage activity with official, documentable City authority.
[Ord. No. 1650 §2, 10-1-2002; Ord. No. 1941 §1, 9-19-2006; Ord.
No. 2065 §1, 10-21-2008; Ord. No. 2082 §1, 4-21-2009]
(a) In addition to site or development specific conditions which may
be imposed in connection with the consideration of a special use permit
for the operation of a motor vehicle sales display lot, the following
are minimum criteria which must be observed:
(1)
Only fully operable vehicles may be displayed for sale; no wrecked
or derelict vehicles may be stored or displayed for sale.
(2)
Vehicles must be parked on a City-approved concrete or asphalt
surface — displaying vehicles on grass or other non-approved
surfaces is prohibited.
(3)
Vehicles may not be displayed on driveways, aisles, customer
and employee parking areas or other areas not designated for the display
of vehicles.
(4)
The display of vehicles shall be confined to the property for
which a special use permit has been authorized — the use of
adjoining properties or road rights-of-way is prohibited.
(5)
No vehicle repairs may be conducted outdoors with the exception
of vehicles of such size that indoor repairs are not possible, or
when such repairs may create dangerous or injurious conditions.
(6)
There shall be no storage of vehicles on the display lot which
are not offered for sale.
(7)
No vehicle maintenance or repair equipment may be stored outdoors.
(8)
No car parts may be stored outdoors.
(9)
Display lot lighting plans must be approved by the City. Lighting
must be directed and/or backshielded so as to illuminate only the
subject property and not cause a visual nuisance or traffic hazard.
No string lighting shall be permitted with the exception of such lighting
operated in connection with holiday displays.
(10)
With the exception of model year, price, financing and required
State and Federal disclosure information, no signage may be displayed
on vehicles.
(11)
Hoods, trunks and doors of vehicles shall remain closed at all
times, except when inspecting or entering vehicles in connection with
the possible sale of same.
(12)
External loudspeaker systems may not be operated adjacent to
residential zoning districts and may not exceed a measured sixty (60)
decibels at any property line.
(13)
Every lot or tract of land proposed to be utilized for a motor
vehicle sales display lot shall have an area, exclusive of any area
dedicated as a public roadway, of not less than ten thousand (10,000)
square feet.
(b) Any motor vehicle sales display lot authorized by the City as of October 1, 2002 shall be considered a legal non-conforming use with respect to compliance with Sections
23-91.2(a)(13) and
23-91.2(a)(14).
[Ord. No. 646 §2; Ord. No. 1301 §1, 8-19-1997; Ord. No. 1347 §1, 3-17-1998; Ord.
No. 1488 §18, 10-17-2000]
(a) With the exception of radio and television transmission towers, no
structure shall exceed seventy-five (75) feet in height, unless otherwise
provided for in this Section.
(b) Any structure erected to a height in excess of forty-five (45) feet
shall have the front, side and rear yards increased an additional
two (2) feet for each foot exceeding forty-five (45) feet in height;
provided, that such exceptions shall not be permitted where they would
conflict with any existing ordinances of the City, or other governmental
regulations regarding the height of structures surrounding airports,
landing fields or landing strips; provided further, that in the case
of a radio and television transmission tower which is certified by
a qualified engineer to be designed to exceed the Electronic Industries
Association (EIA) Standards RS-222 established for this geographic
area, the setback requirements may be reduced by one (1) foot for
each one (1) mile per hour increase above the EIA standard at the
City's discretion, but in no event shall the setback exceed a twenty-five
percent (25%) reduction from the required setback. The owner or operator
of the subject tower shall indemnify the City against all liability
and property damage claims in conjunction with the construction and
operation of the subject tower.
[Ord. No. 646 §2; Ord. No. 670 §1; Ord. No. 806 §1; Ord. No. 1016 §1, 3-3- 1992; Ord.
No. 1337 §1,2-17-1998; Ord. No. 1488 §19, 10-17-2000; Ord. No. 1617 §1, 6-4-2002; Ord. No. 1653 §§1-2, 10-15-02; Ord.
No. 2071 §1,12-16-08; Ord. No. 2212 §1, 5-1-2012]
(a) Every lot or tract of land shall have an area, exclusive of any area
dedicated as a public roadway, comprising not less than ten thousand
(10,000) square feet; every lot or tract of land shall have a width
of not less than fifty (50) feet; except, that any lot or tract of
record on March 16, 1982, which contains less area or is of lesser
width than herein specified may be used as a site for any permitted
use.
(b) Churches shall be situated on tracts of land providing at least one-half
(½) acre in area.
(c) Hospitals shall be situated on tracts of land providing at least
five (5) acres in area.
(d) No structure shall be erected closer than twenty-five (25) feet of
any public roadway right-of-way line, with the exception of City authorized
boundary walls or fences, provided that as determined by the Building
Commissioner, such boundary wall or fence erection does not create
safety or traffic hazards. The Board of Aldermen may approve exceptions
to this requirement along South Central Avenue between West Frisco
Avenue and Dreyer Avenue for purposes of maintaining setbacks consistent
with pre-existing structures to maintain the character of the area.
(e) When the side or rear yard of a commercial lot abuts any property
located in the "R-1", "R-2", "R-3", "R-4", "R-5A", "R-5B" or "R-5C"
zoning districts, a minimum twenty-five (25) foot wide buffer yard
shall be established and maintained along all such rear and side property
lines. The buffer yard shall contain landscaping as approved by the
City, as well as a louvered fence, solid fence or wall a minimum of
five (5) feet in height, except where sight distance regulations at
street intersections require other arrangements. The use of topographic
features or landscaping in lieu of fences or walls where such alternates
will achieve a comparable effect may be authorized by the City. The
Board of Aldermen may approve certain exceptions and/or adjustments
to the requirements under this Section based on practical difficulties
including topography or existing site improvements or structures.
(f) Mobile home trailer coach parks shall be subject to the following
requirements:
(1)
Mobile home trailer coach parks shall be situated on tracts
of land providing at least fifty (50) acres with a minimum width and
depth of eight hundred (800) feet;
(2)
Each border of a trailer park shall be at least six hundred
(600) feet from any permanent residence in the City located outside
the park, unless a majority of property owners of the area within
six hundred (600) feet of the trailer park consent in writing to the
establishment of such park;
(3)
Each trailer coach space shall have a minimum area of seven
thousand five hundred (7,500) square feet, with minimum dimensions
of sixty (60) feet width and one hundred twenty (120) feet depth;
(4)
Minimum setback requirements for
each trailer coach space shall be the following:
(a)
Thirty (30) feet for front yard;
(b)
Twenty (20) feet for rear yard;
(c)
Ten (10%) percent of lot width for each side yard;
(5)
Each mobile home trailer coach park shall provide a recreational area that shall have a minimum area of eighty thousand (80,000) square feet plus three hundred fifty (350) square feet per trailer coach space in the parks. Recreational facilities shall be provided as set forth in Chapter
20A, Article
II of this Code.
(6)
All provisions contained in Chapter
20A, Article
II of this Code, entitled "Mobile Home Trailer Coach Park Regulations" shall be strictly complied with by each applicant and operator of a mobile home trailer coach park in the City.
(g) Campgrounds shall be situated on tracts of land providing at least
twenty (20) acres.
Each campsite shall have a minimum of two thousand (2,000) square
feet in area not including streets, but the density of the campground
shall not exceed fifteen (15) campsites per acre.
(h) Landscape buffers and screening of outdoor storage areas.
(1)
A landscape buffer of twenty (20) feet shall be established
and maintained adjacent and parallel to all Missouri Highway and Transportation
Department rights-of-way. Landscaping areas in front of buildings
and in parking lot islands may substitute for up to one-half (½)
of the required landscape buffer. The landscape buffer areas shall
contain evergreen or ornamental trees and shrubs approved by the City.
Outdoor display areas shall not encroach into the landscape buffer.
Landscape buffers consistent with the topographic and aesthetic needs
of each City and private roadway shall also be established and maintained
along City of Eureka rights-of-way or private road easement. As approved
by the City and the Missouri Department of Transportation, landscape
buffers required under this Section may be located in whole or in
part in State rights-of-way. The Board of Aldermen may approve certain
exceptions and/or adjustments to the landscape buffer requirements
under this Section based on practical difficulties including topography
or existing site improvements or structures.
(2)
Outdoor storage areas shall be screened from public view through
use of earth berms, fencing or landscaping or a combination thereof.
Fencing and landscaping used for screening of outdoor storage areas
shall be decorative in nature and maintained in an acceptable manner.
Decorative fences do not include chain link fences, with or without
slats, however, the Board may give consideration to the use of a slatted
chain link fence if such was in operation prior to December 16,2008.
Outdoor storage areas shall have a minimum surface covering of six
(6) inches of rolled gravel.
(3)
A site plan illustrating the landscape buffers and screening
of outdoor storage areas shall be submitted to the Building Commissioner,
drawn to a minimum of one (1) inch equals one hundred (100) feet scale,
which shows all property lines, buildings, storage areas, easements,
roadways and existing trees, in addition to proposed screening materials.
For purposes of meeting presentations, site plans may be submitted
drawn to a scale of one (1) inch equals two hundred (200) feet. The
site plan shall be reviewed by the Planning and Zoning Commission
with a recommendation sent to the Board of Aldermen for final review
and approval.
(4)
Businesses in existence prior to March 3, 1992, (the effective
date of this ordinance) are encouraged to meet the requirements in
paragraphs (1) and (3) above.
(5)
Outdoor storage areas in existence prior to March 3, 1992, (the
effective date of this ordinance) are encouraged to meet the requirements
in paragraphs (2) and (3) above.
(6)
All shade trees shall be a minimum of eight (8) feet and the
evergreen trees six (6) feet in height.
[Repealed by Ordinance No. 930 §1]
[Ord. No. 646 §2]
All uses shall be required to provide for off-street parking in accordance with article
XV of this chapter.
[Ord. No. 2496, 8-6-2019; Ord.
No. 2559, 10-20-2020; Ord. No. 2712, 4-18-2023]
(a) No building
shall be constructed, altered or used for a medical marijuana dispensary
facility, comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility or a microbusiness marijuana dispensary
facility without complying with the following regulations in this
Section.
(b) No medical
marijuana dispensary facility, comprehensive marijuana cultivation
facility, comprehensive marijuana dispensary facility or a microbusiness
marijuana dispensary facility shall be located within three hundred
(300) feet of a then-existing elementary or secondary school, child
care center or church. "Then-existing" shall mean any school, child
care center or church with a written building permit or business license
from the City to be constructed, or under construction, or completed
and in use at the time the marijuana dispensary facility first applies
for either zoning or a building permit, whichever comes first. The
distance shall be measured from the nearest portion of the primary
structure on a lot used for an elementary or secondary school, child
care center, or church to the nearest portion of any building on the
lot used for a marijuana dispensary facility.
(c) No marijuana
may be smoked, ingested, or otherwise consumed on the premises of
a medical marijuana dispensary facility, comprehensive marijuana cultivation
facility, comprehensive marijuana dispensary facility or a microbusiness
marijuana dispensary facility.
(d) A medical
marijuana dispensary facility, comprehensive marijuana cultivation
facility, comprehensive marijuana dispensary facility or a microbusiness
marijuana dispensary facility shall be secured and closed to the public
after operating hours, and no persons not employed by the marijuana
dispensary facility may be present in such a facility at any time
it is closed to the public.
(e) The
medical marijuana dispensary facility, comprehensive marijuana cultivation
facility, comprehensive marijuana dispensary facility or a microbusiness
marijuana dispensary facility license issued by the State of Missouri
shall be prominently displayed in a highly visible location, easily
seen by persons on the dispensary's sales floor.
(f) Each
application for a special use permit for a medical marijuana dispensary
facility, comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility or a microbusiness marijuana dispensary
facility shall comply with all requirements of this Chapter and said
application shall include a detailed site plan, security plan and
operating plan. If approved, the marijuana dispensary facility shall
be operated in accordance with all conditions of the special use permit,
site plan, security plan and operating plan, which shall include a
plan for mitigation and control of odors and other environmental impacts
which may be emitted from the facility.
(g) All
required authority from the State of Missouri, as well as a special
use permit and business license from the City of Eureka must be obtained
prior to operating a marijuana dispensary facility, comprehensive
marijuana cultivation facility, comprehensive marijuana dispensary
facility or microbusiness marijuana dispensary facility.
