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Eureka City Zoning Code

ARTICLE IX

"C" Commercial District Regulations

[Ord. No. 646 §2]
The "C" Commercial District encompasses areas wherein may be located such stores and service facilities as will provide a wide range of goods and services. Within this district it shall be the purpose of these regulations to facilitate the establishment of conditions suitable for the operation of businesses catering to the general public. The regulations of this district are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter.

Section 23-90 Permitted Uses.

[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.
(d) 
Barber or hair stylist.
(e) 
Catering establishments.
(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.
(n) 
Shared office suite.
(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.
(t) 
Churches.
(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.
(cc) 
Taxidermist.
(dd) 
Nail salon.
(ee) 
Licensed massage therapist facility.
(ff) 
Indoor firearm training.
(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.

Section 23-91 Special Uses.

[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.
(b) 
Public campgrounds.
(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.
(e) 
Hospital.
(f) 
Motor vehicle service stations and repair shops.
(g) 
Sewage treatment plants.
(h) 
Animal hospitals.
(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.
(o) 
Self-service laundromat.
(p) 
Nursery schools and day care facilities, adult or child.
(q) 
Animal grooming salon or self service pet wash.
(r) 
Car 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.
(w) 
Lumber yards.
(x) 
Towing service.
(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.
(5) 
Trash transfer stations.
(6) 
Landfill facilities.
(7) 
Waste processing plants.
(8) 
Waste separation facilities.
(9) 
Waste hauling facilities.
(10) 
Hazardous material mitigation facilities.
(cc) 
Any facility with a drive-through service component.
(dd) 
Auction activities.
(ee) 
Residential uses and structures, other than in Section 23-90(bb).
(ff) 
Indoor or outdoor firing range.
(gg) 
Microbreweries.
(hh) 
Tattoo establishments.
(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.
(pp) 
Resale or pawn shop.
(qq) 
Outdoor firearms training facility.
(rr) 
Equipment rental facility.
(ss) 
Outdoor sport 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.

Section 23-91.1 Special Use - Off-Site Parking and Storage.

[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.

Section 23-91.2 Special Use - Motor Vehicle Sales Display Lot.

[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.
(14) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (a)(14), regarding motor vehicle sales display lots, which derived from Ord. No. 2327 §1, 4-7-2015, was repealed 10-5-2021, by Ord. No 2612.
(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).

Section 23-92 Height Limitations.

[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.

Section 23-93 Lot Area, Lot Dimension and Yard Requirements.

[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.

Section 23-94 (Reserved)

[Repealed by Ordinance No. 930 §1]

Section 23-95 Off-Street Parking Requirements.

[Ord. No. 646 §2]
All uses shall be required to provide for off-street parking in accordance with article XV of this chapter.

Section 23-96 Standards for a Medical Marijuana Dispensary Facility, Comprehensive Marijuana Cultivation Facility, Comprehensive Marijuana Dispensary Facility or a Microbusiness Marijuana Dispensary Facility.

[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.