[Ord. No. 646 §2]
The "M-2" Heavy Industrial District encompasses land conducive
to industrial development due to adequate transportation facilities,
efficient land assembly, adequate topographic conditions and accessibility
to adequate public utility facilities. Such areas may also contain
certain mineral and other natural resources of which the extraction,
processing, or both, may be conducted in a manner that will not create
a hazard in the general community and will protect and preserve the
public health, safety and general welfare. The regulations of this
district are supplemented and qualified by additional general regulations
appearing elsewhere in this chapter.
[Ord. No. 646 §2; Ord. No. 1488 §22, 10-17-2000]
(a)
Manufacturing or fabrication of any commodity, except:
(b)
Warehousing or wholesaling of manufactured goods.
(c)
All public utility facilities.
(d)
Distribution plants.
(e)
Research and testing laboratories and facilities.
(f)
Police and fire stations.
(g)
(Reserved)
(h)
Truck, bus, rail and watercraft terminals.
(i)
Railroad switching yards.
(j)
Accessory buildings, land uses and activities customarily incidental
to any of the above uses.
[Ord. No. 646 §2; Ord. No. 941 §2; Ord. No. 1503 §1, 1-2-2001; Ord. No. 1892 §§3 —
4, 2-21-2006; Ord. No. 2223 §3, 7-3-2012]
(a)
Radio, television and communication transmitting or relay towers
and facilities.
(b)
Service stations and repair shops.
(c)
Extraction of raw materials from the earth and the processing thereof.
(d)
(Reserved)
(e)
Cement batching plants.
(f)
Manufacturing, processing and fabrication of flammable gases and
liquids, and explosives.
(g)
Warehousing, storage or wholesaling of explosives or flammable gases
and liquids.
(h)
Airports, landing strips and heliports.
(i)
Sewage treatment facilities.
(j)
Recreational uses and activities.
(k)
Telecommunications facilities, subject to additional provisions contained
in this Chapter.
(l)
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 of waste industry vehicles or equipment.
(3)
On-site and off-site storage of waste industry vehicles or equipment.
(4)
Recyclable material collection centers or recycling reclamation
facilities.
(5)
Commercial yard waste or composting operations.
(6)
Trash transfer stations.
(7)
Landfill facilities.
(8)
Waste processing plants.
(9)
Waste separation facilities.
(10)
Waste hauling facilities.
(11)
Hazardous material mitigation facilities.
(m)
Indoor firing range.
(n)
Medical marijuana dispensary facilities.
[Ord. No. 2496, 8-6-2019; Ord.
No. 2559, 10-20-2020]
(o)
Medical marijuana cultivation facilities.
[Ord. No. 2496, 8-6-2019; Ord.
No. 2559, 10-20-2020]
(p)
Medical marijuana-infused products manufacturing facilities.
[Ord. No. 2496, 8-6-2019; Ord.
No. 2559, 10-20-2020]
(q)
Medical marijuana testing facilities.
[Ord. No. 2496, 8-6-2019; Ord.
No. 2559, 10-20-2020]
(r)
Medical marijuana transportation facilities.
[Ord. No. 2559, 10-20-2020]
(s)
Electric
vehicle charging station.
[Ord. No. 2601, 8-17-2021]
(t)
Comprehensive
marijuana cultivation facility.
[Ord. No. 2712, 4-18-2023]
(u)
Comprehensive
marijuana dispensary facility.
[Ord. No. 2712, 4-18-2023]
(v)
Microbusiness
marijuana dispensary facility.
[Ord. No. 2712, 4-18-2023]
(w)
Microbusiness
marijuana wholesale facility.
[Ord. No. 2712, 4-18-2023]
(x)
Comprehensive
marijuana-infused product manufacturing facility.
[Ord. No. 2712, 4-18-2023]
[Ord. No. 1264 §§2 — 3, 11-19-1996]
(a)
EQUIPMENT
MOTOR VEHICLE
OFF-SITE PARKING OR STORAGE
TRAILER
Definitions. For purposes of these regulations,
the following definitions shall apply:
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.
Any motorized, self-propelled automobile, motorcycle, truck
or recreational vehicle.
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.
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. 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 any medical marijuana dispensary facility, comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, microbusiness marijuana dispensary facility, microbusiness marijuana wholesale facility, marijuana testing facility or a comprehensive marijuana-infused product manufacturing facility allowed in Section 23-121 without complying with the following regulations this Section.
(b)
No
medical marijuana dispensary facility, comprehensive marijuana cultivation
facility, comprehensive marijuana dispensary facility, microbusiness
marijuana dispensary facility, microbusiness marijuana wholesale facility,
marijuana testing facility or a comprehensive marijuana-infused product
manufacturing 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 medical marijuana dispensary facility,
comprehensive marijuana cultivation facility, comprehensive marijuana
dispensary facility, microbusiness marijuana dispensary facility,
microbusiness marijuana wholesale facility, marijuana testing facility
or a comprehensive marijuana-infused product manufacturing 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 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,
microbusiness marijuana dispensary facility, microbusiness marijuana
wholesale facility, marijuana testing facility or a comprehensive
marijuana-infused product manufacturing facility.
(d)
Medical
marijuana dispensary facility, comprehensive marijuana cultivation
facility, comprehensive marijuana dispensary facility, microbusiness
marijuana dispensary facility, microbusiness marijuana wholesale facility,
marijuana testing facility or a comprehensive marijuana-infused product
manufacturing facility shall be secured and closed to the public after
operating hours, and no persons not employed by the marijuana 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, microbusiness
marijuana dispensary facility, marijuana testing facility, microbusiness
marijuana wholesale facility or a comprehensive marijuana-infused
product manufacturing facility license issued by the State of Missouri
shall be displayed prominently in a highly visible location.
(f)
Each
application for a special use permit for a medical marijuana dispensary
facility, comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, microbusiness marijuana dispensary
facility, microbusiness marijuana wholesale facility marijuana testing
facility, or a comprehensive marijuana-infused product manufacturing
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 medical marijuana dispensary facility,
comprehensive marijuana cultivation facility, comprehensive marijuana
dispensary facility, microbusiness marijuana dispensary facility,
microbusiness marijuana wholesale facility, marijuana testing facility
or a comprehensive marijuana-infused product manufacturing 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.
[Ord. No. 1883 §2, 1-3-2006]
With the exception of radio and television transmission towers,
the maximum height of any structure shall not exceed forty (40) feet
above the average finished ground elevation at the perimeter of the
structure. Consideration may be given to a maximum structure height
of up to one hundred (100) feet through the special use permit process.
[Ord. No. 646 §2; Ord. No. 1016 §1, 3-3-1992; Ord. No. 1337 §1, 2-17-1998; Ord.
No. 1387 §1, 12-15-1998; Ord. No. 1488 §23, 10-17-2000; Ord. No. 1617 §3, 6-4-2002; Ord. No. 1653 §§6
— 7, 10-15-2002]
(a)
There shall be no minimum lot area requirements in this district.
(b)
Not more than seventy-five percent of the lot containing any use
permitted in this district may be used for the open storage of raw
material, finished goods or any other material.
(c)
No structure shall be erected closer than thirty (30) 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.
(d)
No structure shall be closer than ten (10) feet of any property line,
however, when the side or rear yard of an industrial lot abuts any
property located in the "R-1", "R-2", "R-3", "R-4", "R-5A", "R-5B",
"R-5C" or commercial 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.
(e)
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. Outdoor storage areas shall have a minimum surface covering
of six (6) inches of rolled gravel. An applicant may propose on a
site-specific basis, outdoor storage area fencing of alternate materials
and/or configurations including chain-link fencing, which may be considered
for approval by the Planning and Zoning Commission and Board of Aldermen
based on criteria including, but not limited to, the proposed use
of the subject property, adjacent uses, and adjacent zoning districts.
Any authority relating to the use of alternate fence materials and/or
configurations may include conditions of approval. If such authority
is granted, it shall be subject to review and possible revocation
upon changes in ownership and/or use. An exception to the outdoor
storage area screening requirement may be authorized by the Board
of Aldermen upon the applicant evidencing extraordinary circumstances
based on factors such as topography, relative elevation or term of
the intended use.
[Ord. No. 2648, 4-5-2022]
(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.
[Ord. No. 1194 §1, 9-19-1995]
A home occupation, as defined in Section 23-12 of this Chapter, and as amended, shall hereafter be designated to be a permitted use in all residentially utilized structures located in zoning districts "M-1" and "M-2".
[Ord. No. 646 §2]
All uses shall be required to provide for off-street parking in accordance with article XV of this chapter.
