The "FP" Floodplain District encompasses the floodway and floodway fringes along the watercourse of the Meramec River and its tributary streams for which hydrographic study and calculation as determined by the U.S. Army Corps of Engineers (January, 1977) indicates a risk of life and property as a consequence of storm water run-off. The regulations of this district are supplemented and qualified by additional general regulations appearing elsewhere in this chapter.
Eureka City Zoning Code
ARTICLE II
"FP" Floodplain District Regulations
Section 23-20 Permitted Land Uses and Developments.
[Ord. No. 646 §2; Ord. No. 1488 §2, 10-17-2000]
(a)
Public parks, parkways and scenic areas, not including accessory buildings.
(b)
Golf courses, public and private picnic grounds and boat docks, not including accessory buildings.
(c)
Underground public utility transmission and distribution lines and pipelines.
(d)
Off-street parking areas for automobiles.
(e)
Yard areas required for residence.
(f)
Agricultural operations.
Section 23-21 Special Land Uses and Developments.
[Ord. No. 646 §2; Ord. No. 1503 §1, 1-2-2001]
(a)
Clean earth landfill, provided that the flood carrying capacity of the watercourse is not unduly affected.
(b)
Railroad tracks and associated structures.
(c)
Rifle ranges, skeet shooting clubs and other activities featuring the use of firearms when these activities are located at least one hundred (100) feet from the boundaries of the property.
(d)
Extraction of raw materials from the earth and processing thereof, but not including the manufacturing of a product.
(e)
Sewage treatment facilities.
(f)
Public or private, not-for-profit or for profit parks, picnic grounds, golf courses, community centers, swimming pools, athletic fields or other recreational uses which include accessory buildings.
(g)
Marinas.
(h)
Above-ground public utility transmission and distribution lines and pipelines, including booster stations.
(i)
Farm buildings, not including residences.
(j)
Accessory buildings, land uses and activities customarily incidental to any of the above uses.
(k)
Telecommunications facilities, subject to additional provisions contained in this Chapter.
(l)
Medical marijuana cultivation facility.
[Ord. No. 2496, 8-6-2019; Ord. No. 2559, 10-20-2020]
(m)
Comprehensive marijuana cultivation facility.
[Ord. No. 2712, 4-18-2023]
Section 23-22 Compliance with Flood Damage Prevention Chapter.
[Ord. No. 646 §2]
All construction, additions, alterations or remodeling of any type of structure or building of any type of use and location of mobile homes, mobile home parks or developments which are located within the designated floodway or floodway fringe, in either the "FP" Floodplain District or the Alternate Floodplain District shall be required to comply with the provisions of Chapter 10A, "Floodplain Management," of this Code. In the event that a conflict arises between the provisions of this Chapter and Chapter 10A, the more restrictive of the two shall prevail and be complied with.
Section 23-23 Height Limitations.
[Ord. No. 646 §2]
The height of any structure as defined in section 23-12 shall not exceed thirty-five (35) feet.
Section 23-24 Lot Area, Lot Dimension and Yard Requirements.
[Ord. No. 646 §2; Ord. No. 1488 §3, 10-17-2000]
(a)
Farm buildings, not including residences and accessory structures, shall be situated on tracts at least ten acres in area.
(b)
No structure shall be erected within twenty-five (25) feet of any public roadway right-of-way line.
(c)
Farm buildings and accessory buildings shall be set back at least one hundred (100) feet from all property lines.
Section 23-25 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 23-26 Alternate Floodplain District Regulations.
[Ord. No. 646 §2; Ord. No. 1488 §4, 10-17-2000]
In the floodway fringe of the "FP" Floodplain District, alternate zoning regulations shall apply under certain conditions as follows:
(a)
Generally. For any lot or tract of land in the floodway fringe of the "FP" Floodplain District, an alternate district, which is designated on the zoning district maps and is the district designation following the letters "FP" on the maps, may be utilized if the particular property is placed in such condition, as required in this section, as to effectively, without increasing the flooding problems of other properties, remove the property from flooding, as determined by the U.S. Army Corps of Engineers study of January, 1977, as may be amended, and used as basic data for determining the extent of the Floodplain District. If the standards required by this section are satisfactorily met by the user of any lot or tract of land in the "FP" Floodplain District, such user may utilize the property for such uses and under such regulations as are contained in the district regulations of the district designated after the "FP" code designation as the alternate district for the particular property.
(b)
Flood Protection Plan.
(1)
In order to utilize the Alternate Floodplain District regulations, a property owner or user shall submit to the planning and zoning board a plan for adequate flood protection against the amount of water that would flow past the property in cubic feet per second, as determined by the above study used as basic data for determining the extent of the Floodplain Districts. Such plan must be approved by the Planning and Zoning Board before the alternate Floodplain District regulations may be utilized.
(2)
The plan must include a report by a registered professional engineer of demonstrated competence in hydrology as to the adequacy of the proposed plan for flood protection relative to the elevation of the floodplain and the flow as determined in the aforementioned flood elevation study, the effect of the proposed improvement on the flood problems of other properties and such other hydrologic problems as may result from the improvements.
(3)
The Planning and Zoning Board may require such additional data or engineering studies from the applicant as may be necessary to determine the adequacy of the proposed plan for flood protection.
(4)
The approval of the Planning and Zoning Board of such plans for flood protection does not constitute a representation, guarantee or warranty of any kind by the City or by any officer or employee thereof as to the practicality or safety of any protective measure and shall create no liability upon or cause action against such public body, officers or employees for any damage that may result pursuant thereto.
(c)
Non-conforming Buildings. Any non-conforming building in the "FP" Floodplain District, the use of which is a permitted use in the alternate district which applies to the particular location, may be rebuilt, extended or enlarged for a purpose permitted in the Section for removing the property from the danger of flooding as determined by the flood elevation study and as basic data for determining the extent of the Floodplain District; provided, that the building or structure complies with Chapter 10A. "Floodplain Management" of this Code.