Eureka City Zoning Code
ARTICLE XII
"M-2" Heavy Industrial District Regulations
Section 23-119 Purpose.
[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.
Section 23-120 Permitted Land Uses and Developments.
[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.
Section 23-121 Special Land Uses and Developments.
[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]
Section 23-121.1 Special Use-Off-Site Parking and Storage.
[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.
Section 23-121.2 Standards 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.
[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.
Section 23-122 Height Limitations.
[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.
Section 23-123 Lot Area, Open Area and Yard Requirements.
[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.
Section 23-124 Home Occupation.
[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".
Section 23-125 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.