Eureka City Zoning Code
ARTICLE XVI
Supplemental Regulations
[1]
Editor’s Note: Former Division 2, Regulations and Control of the Disturbance of Land Surface Areas, adopted and amended 11-19-1991 by Art. 2 of Ord. No. 1008, 7-15-1997 by §1 of Ord. No. 1297; 3-17-1998 by §1 of Ord. No. 1346; 4-21-1998 by §2 of Ord. No. 1354; 10-17-2000 by §1 of Ord. No. 1492; 8-21-2001 by §1 of Ord. No. 1548; 11-5-2002 by §1 of Ord. No. 1655; and 4-5-2005 by §1 of Ord. No. 1825, was repealed 7-15-2014 by §1 of Ord. No. 2307. For current provisions, see Ch. 10B, Land Disturbance and Stormwater Management.
Section 23-160 Architectural Conformity.
[Ord. No. 646 §2; Ord. No. 2777, 4-16-2024]
Every single-family dwelling erected within the City shall conform to the minimum ground floor area requirements contained in the table below. The measurement of the minimum ground floor area shall be determined by the area exclusive of utility rooms, unroofed porches, unenclosed roofed porches and garages. Indoor plumbing and toilet facilities shall be provided for sanitation in all occupied buildings within the City; provided, however, that upon application the Planning and Zoning Commission may except from this requirement freestanding commercial buildings of one hundred (100) square feet or less. The architecture and general appearance of all buildings shall be in keeping with the character of development in the neighborhood in which the building is proposed.
Zoning District | Single-Family Minimum Ground Floor Area |
|---|---|
R-1 | 1,000 sq. ft. |
R-2 | 900 sq. ft. |
R-3 | 850 sq. ft. |
R-4 | 750 sq. ft. |
R-5 | 750 sq. ft. |
Section 23-161 Height Exceptions.
[Ord. No. 646 §2]
The requirements of this chapter in the height and area districts shall be subject to the following height exceptions and regulations:
(a)
In the thirty-five and forty-five foot height districts, public or semipublic buildings, hospitals, sanitariums or schools may be erected to a height not exceeding seventy-five feet when the front, side and rear yards are increased an additional two feet for each foot such buildings exceed thirty-five or forty-five 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 buildings surrounding airports, landing fields or landing strips.
(b)
Dwellings in the thirty-five foot height district may be increased in height by not more than ten feet when two side yards of not less than fifteen feet each are provided. Such dwellings, however, shall not exceed three stories in height; provided, further, that such additional heights shall not be permitted where they would conflict with any existing ordinances of the city, or other governmental regulations regarding the height of buildings surrounding airports, landing fields or landing strips.
(c)
Chimneys, towers, penthouses, radio and television towers, scenery lofts, monuments, cupolas, domes, spires, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing ordinances of the city, but such structures shall not be permitted within one mile of an airport, landing field or landing strip.
Section 23-162 Projections Beyond Front Yard Lines.
[Ord. No. 646 §2; Ord. No. 1633 §6, 9-17-2002]
Where lots comprising forty percent (40%) or more of the frontage are developed with buildings having an average front yard with a variation of not more than six (6) feet in the "R-1" through "R-4" Residence District and ten (10) feet in the "C" Commercial Districts, no building hereafter erected shall project beyond the average front yard line so established; provided further, that this regulation shall not be so interpreted as to require a front yard of more than sixty (60) feet in the "R-1" Residence District and fifty (50) feet in the "R-2" through "R-4" Residence Districts and the "C" Commercial District.
Section 23-163 Yards for Through Lots.
[Ord. No. 646 §2]
Buildings on through lots and extending through from street to street may waive the requirements for a rear yard by furnishing a front yard on both streets.
Section 23-164 Yards Opening Into Alleys.
[Ord. No. 646 §2]
In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens in an alley, one-half of the alley width may be included as a portion of the rear or side yard, as the case may be.
Section 23-165 Accessory Structures.
[Ord. No. 646 §2; Ord. No. 1237 §§4 — 5, 7-16-1996; Ord. No. 1697 §2, 6-3-2003; Ord. No. 1815 §1, 1-18-2005; Ord. No. 2470, 12-18-2018[1]]
(a)
Accessory buildings which are not a part of the main building may be built in a rear yard within five (5) feet of the rear and side lot lines, with the exception of those within the "LLRD" zoning district which shall be governed by Section 23-82. An accessory building which is not a part of the main building shall not occupy more than thirty percent (30%) of the required rear yard.
(b)
Accessory buildings which are to be used for storage purposes only may not be erected upon a lot prior to the construction of the main building. A Special Use Permit may be issued for the use of an accessory building which is used as rental property of the Owner of the zoned lot within the Large Lot Residential District zoning after being authorized by the Special Use Permit process subject to conditions including the following:
(1)
The proposed dwelling unit is only to be used as public rental property by Special Use Permit so as to allow for the occupancy of a single accessory building located on a lot in the Large Lot Residential District zoning by no more than one (1) family who shall reside in the accessory building of the owner of the existing zoned lot.
(2)
Only one (1) accessory structure with a dwelling unit above is permitted on a lot.
(3)
The accessory building is to be no greater in height than the principal structure.
(4)
The accessory structure shall have a minimum seventy-five (75) foot setback from side and rear property lines.
(c)
(Reserved)[2]
[2]
Editor's Note: Former Subsection (c), regarding rear setbacks for swimming pools, was repealed 4-16-2024 by Ord. No. 2777.
(d)
Portable garages or carports as defined in this Chapter are not permitted.
[1]
Editor's Note: Ord. No. 2470 also changed the title of this Section from "Accessory Buildings" to "Accessory Structures."
Section 23-166 Projections Over Street Lines and Required Yard Areas Generally.
[Ord. No. 646 §2; Ord. No. 653 §2; Ord. No. 1294 §10, 6-17-1997; Ord. No. 1310 §2, 9-16-1997; Ord. No. 1488 §26, 10-17-2000]
Every part of a required yard shall be open from its lowest point to the sky unobstructed, except as follows:
(a)
Ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed twenty-four (24) inches into any required yard area;
(b)
Ordinary projection of chimneys and flues, not to exceed three (3) feet in width, projecting not to exceed two (2) feet into any required yard area;
(c)
Roof overhangs projecting not to exceed twenty-four (24) inches into any required yard area;
(d)
Decks and patios shall be constructed in rear and side yards only, and shall not extend into the minimum side yard or any portion of the front yard;
(e)
No cornice shall project over the street right-of-way line more than four (4) feet;
(f)
Open or enclosed fire escapes, fireproof outside stairways and balconies may project into a required yard area not more than three and one-half (3½) feet.
Section 23-167 Erection of More Than One Building on Single Lot.
[Ord. No. 646 §2]
More than one (1) industrial, commercial, multiple dwelling or institutional building may be erected upon a single lot or tract, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any such buildings, nor shall there be any change in the intensity of use requirements.
Section 23-168 Short-Term Rentals Prohibited.
[Ord. No. 804 §1; Ord. No. 2777, 4-16-2024]
No single-family dwelling located on any lot, tract of land, parcel of ground in a residential zoning district classification shall offer or provide a guest room within it for short-term rental purposes that accommodate a transient guest or guests.
Section 23-169 Home Occupations.
[Ord. No. 2683, 11-15-2022]
(a)
A home occupation may operate in any Residential District. Any commercial activity or business that does not comply with the definition of home occupation, as defined in the City ordinances, is prohibited.
(b)
A license is not required for home occupations nor any fee, but within sixty (60) days of establishing a home occupation the resident shall provide the City with:
(1)
A copy of their business's Missouri Tax I.D. number and, for home occupations selling goods at retail a Statement of No Tax Due in accordance Missouri Statutes;
(2)
A written description of the home occupation, the percentage of the dwelling to be occupied by the home occupation and the number of employees to be working at the home occupation who are not residents of the home; and
(3)
Upon receipt of the written description, the City shall verify for the resident that the home occupation complies with this Section and State Statutes.
(c)
Nothing in this Section pertaining to home occupations shall be deemed to:
(1)
Prohibit mail order or telephone sales for home occupations;
(2)
Prohibit service by appointment within the residential dwelling or accessory structure;
(3)
Prohibit or require structural modifications to the residential dwelling or accessory structure;
(4)
Restrict the hours of operation for home-based work;
(5)
Restrict storage or the use of equipment that does not produce effects outside the residential dwelling or accessory structure; or
(6)
Restrict or prohibit a particular occupation that is legal under the laws of the City, State and United States.
Section 23-169.1 Storage at Marijuana-Related Businesses.
[Ord. No. 2712, 4-18-2023]
In addition to all other requirements set forth in the Eureka Municipal Code, any storage of 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 materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property (with all necessary City approvals) in an area enclosed by a razor wire fence at least ten (10) feet in height, not including any razor wire.
Section 23-169.2 Age Restrictions at Marijuana-Related Businesses.
[Ord. No. 2712, 4-18-2023]
No person under the age of eighteen (18) may to be in or on any portion 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. Each location shall be posted with a clear and legible notice indicating that persons under the age of eighteen (18) are prohibited from entering the facility.
