Eureka City Zoning Code
ARTICLE XVIII
Administration and Enforcement
Section 23-180 Processing of Permitted Uses and Developments.
[Ord. No. 646 §2; Ord. No. 962 §1, 7-3-1990; Ord. No. 1488 §27, 10-17-2000; Ord. No. 2777, 4-16-2024]
(a)
Process A: Simplified Review. Unless the Building Commissioner deems review by the Planning and Zoning Commission to be appropriate, a site plan may be reviewed by and a decision rendered by the Building Commissioner, subject to all other applicable requirements, without the requirement for additional review by the Commission in the following circumstances:
(1)
Construction constituting less than ten thousand (10,000) square feet of exterior area of the site;
(2)
Alteration of parking design affecting ten percent (10%) or less of the existing parking space;
(3)
Any other change having no significant impact on parking, traffic or aesthetics where the review is primarily ministerial.
All other site plans shall be submitted for review and decision by the Planning and Zoning Commission as otherwise provided in this Article. The Building Commissioner shall apply the ordinances of the City and the review requirements otherwise applicable in reviewing or rendering a decision in any Simplified Review under this Section. Any site plan denied under this Simplified Review shall, if the applicant is aggrieved, be resubmitted for Standard Review as provided herein within ten (10) days of such denial. |
(b)
Process B: Standard Review. The site plan shall be submitted with the application for site plan approval to the Building Commissioner who shall institute an administrative review of the site plan by all affected City departments. The results of this review shall be compiled by the Building Commissioner and shall be reported by him/her to the Planning and Zoning Commission for its consideration. Upon receiving the site plan application, and associated documents from the Building Commissioner, the Planning and Zoning Commission shall complete its review of the site plan and shall render a decision on the application either denying, approving or approving with conditions. The site plan application, along with the Planning and Zoning Commission's action and reasoning, shall be forwarded to the Board of Aldermen as an informational item, where it shall be its option to either require a further review and approval of the site plan at the Board level, or concur with the Commission by taking no further action.
(c)
No buildings, facilities, establishments or service concerns may occupy or use any portion of the subject tract until the required improvements are constructed or a performance bond or escrow agreement is posted covering construction of improvements as determined by the Building Commissioner. If the development is to occur in sections, all improvements necessary to the proper operation and functioning of the section, even though same may be located outside the section, must be constructed and installed, or a performance bond or escrow agreement posted covering the estimated cost of improvements, as determined by the Planning and Zoning Commission.
(d)
Every single-family dwelling hereafter erected or structurally altered shall be located on a separate lot or tract, and in no case shall there be more than one (1) single-family dwelling on one (1) lot or tract except for accessory buildings or uses, as defined herein, and except for any structure authorized as part of a planned or special district or similar procedure requiring submission to the Planning and Zoning Commission of a site plan for review and approval.
Section 23-181 Processing of Amendments to Chapter.
[Ord. No. 646 §2; Ord. No. 680 §7; Ord. No. 1099 §1, 5-17-1994; Ord. No. 1338 §1, 2-17-1998]
(a)
Generally. The board of aldermen may, from time to time, on its own motion, upon recommendation of the zoning commission or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries, districts, regulations or restrictions established in this chapter. Any amendment, supplement, change, modification or repeal shall first be submitted to the zoning commission for its recommendation and report.
(b)
Petition.
(1)
Petitions for any change of zoning district classification as indicated on the zoning district map of the city shall be addressed to the board of aldermen and filed with the city administrator upon forms prescribed for that purpose and accompanied by such plans, data and other information as may be required by the zoning commission so as to assure the fullest practicable presentation of facts, and accompanied by a fifty-dollar nonrefundable filing fee.
(2)
Each such petition, other than those initiated by the board of aldermen or the zoning commission, shall be verified by at least one of the owners or authorized representatives of the owner of the property in question, attesting to the truth and accuracy of all facts and information presented therein. The petitioner, at his option, may request that a verbatim record be made of the public hearing. If the petitioner elects to request a verbatim record, the actual cost of such shall be borne by the petitioner, and the petitioner shall deposit one hundred dollars toward the cost of such, to be appropriately adjusted when the actual cost is known.
(3)
Upon filing of the petition with the city administrator or upon initiation of a resolution of intention by the board of aldermen or the zoning commission, the city administrator shall:
a.
Cause public notice of hearing to be given as follows: Publication at least once in some daily, tri-weekly, semi-weekly or weekly newspaper of general circulation in the city which shall have been admitted to the post office as second class matter and shall have been published regularly and consecutively for a period of three years. Publication shall commence not more than thirty nor less than fifteen days before the hearing date. Every affidavit of proof of publication shall state that such publication and the newspaper in which notice was published have met the requirements of the foregoing provisions and those of chapter 493 of the Revised Statutes of Missouri, governing legal publications, notice and advertisement. Notice shall contain, in addition to the legal description of the parcel of land, the approximate street location or address when possible, the name of the person seeking the zoning change, the present zoning district classification and the zoning district classification sought.
b.
Cause a sign or signs to be placed on each parcel of land on which an application for a zoning district change has been filed with the zoning commission. Such sign or signs shall be placed on such land at least fifteen days prior to the public hearing to be held by the zoning commission, and shall be posted in a conspicuous place upon such land at a point nearest to the right-of-way of any street or roadway abutting such land, and so as to be clearly visible to the traveled portion of such street or roadway. The city administrator shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this Section. Such public notice sign shall contain information indicating the date and time of public hearing, zoning change requested, place where the public hearing is to be held and additional information determined necessary to inform the public as to the nature of the pending petition. In the case of a City of Eureka initiated rezoning application, such public hearing signage posting requirement is waived, and in lieu of the posting of such signage, the City shall take all reasonable efforts to notify the owner of record of the subject property, as well as the owners of record of all adjoining property, of the public hearing by means of certified mail of the proposed rezoning.
(c)
Publication of proposed general amendments. Amendments to this chapter which are of general nature, not pertaining to a specific property as in the case of a change in the boundaries of a zoning district, shall require publication of notice at least once in some daily, tri-weekly, semi-weekly or weekly newspaper of general circulation in the city which shall have been admitted to the post office as second class matter and shall have been published regularly and consecutively for a period of three years. Publication shall commence not more than thirty nor less than fifteen days before the hearing date. Every affidavit of proof of publication shall state that such publication and the newspaper in which notice was published has met the requirements of the foregoing provisions and those of chapter 493 of the Revised Statutes of Missouri, governing legal publications, notice and advertisement. Public notice for such general amendments shall not require posting of any signs. It shall not be necessary to publish notice or hold public hearings on amendments to this chapter pertaining to procedural matters and to the duties and powers of officials, officers, boards, commissions and bureaus in carrying out the regulations of this chapter.
(d)
Public hearing. The zoning commission shall hold a public hearing on the proposed amendment petition within sixty days of the filing of a petition fully complying with the submission requirements.
(e)
Review. Subsequent to public hearing, the zoning commission shall review all pertinent data, plans and other information presented to determine whether the subject proposal is consistent with sound planning practice, is compatible with existing area uses and developments, is not detrimental to the comprehensive city planning effort and is deemed desirable to promote the general welfare.
(f)
Submission of commission report. The zoning commission shall then submit its report and recommendation to the board of aldermen for action. The zoning commission may recommend and the board of aldermen may enact by ordinance a zoning district classification other than that requested in the petition; provided, that the recommendation or ordinance is for a district classification of the same use type as that requested by the petitioner. District classification of the same use type as referred to in this section shall include Planned Commercial District in the C district classification and Planned Industrial District in the M district classification when a petition proposes a particular use and presents plans at or prior to the public hearing which are substantially similar to those required by the processing procedures for planned districts.
(g)
Action by board. If a bill granting or denying the application is not introduced by the board of aldermen within ninety days after a report thereon by the zoning commission is received by the board of aldermen at a regular meeting, it shall be deemed denied, unless extended by resolution of the board of aldermen during the ninety-day period. No provision herein shall be construed to prevent the board of aldermen from initiating the procedure provided in this section by a resolution of intention at any time.
(h)
Subsequent applications. From the date of the receipt and filing by the board of aldermen of the zoning commission's report and recommendation regarding a requested amendment to the zoning district boundaries of the city, no subsequent application requesting the same classification for the same tract of land or part thereof shall be accepted for processing within a twelve month period. However, any request for withdrawal of a legally filed petition may be denied, approved with prejudice or approved without prejudice by the zoning commission prior to official receipt and filing of the zoning commission's report and recommendation by the board of aldermen.
(i)
Appeal procedure.
(1)
Appeal by petitioner from recommendation of denial. Upon a recommendation of denial by the zoning commission of a petition, the applicant may file an appeal with the board of aldermen requesting a determination from that body. The appeal shall be in writing, filed within thirty days after the zoning commission's report is received by the board of aldermen at a regular board meeting and shall address the objections set forth in the commission's report recommending denial.
(2)
Public hearing by board. Upon receipt of an appeal, the board of aldermen shall refer it to the zoning commission. The zoning commission shall report thereon to the board of aldermen disclosing in what respect the application and facts offered in support of the appeal either failed to alter the original recommendation or presented new facts or modifications which could warrant support of the application. The board of aldermen may affirm, reverse or modify, in whole or in part, any determination of the zoning commission. Before acting on any appeal, the board shall set the matter for public hearing and give written notice to the person filing the appeal and to all other persons who spoke on the matter of the petition at the public hearing before the zoning commission. An affirmative vote of two-thirds of the members of the whole board of aldermen shall be required to reverse, modify or amend any determination of the zoning commission. A majority vote of the whole board of aldermen shall be sufficient to affirm any determination of the zoning commission.
(j)
Applications for permits, etc. Upon final approval of the petition by the board of aldermen applications for construction permits and certificates of occupancy may take place at the office of the building commissioner.
(k)
Any application fees or deposits required by the City in conjunction with any application for action under this section is intended to defray the cost of review, analysis and consideration of same. Such costs may include, but not be limited to, legal or informational publications, signage, legal reviews, engineering and architectural reviews, ordinance preparation, hearings, surveys, studies and any other direct, indirect or third party costs. In the event that such fees are insufficient to cover such total costs for a specific application, the applicant shall deposit with the City such additional sums to cover the entire cost of such review upon request by the City.
PROCEDURE FOR PROCESSING OF ZONING ORDINANCE AMENDMENTS | |
|---|---|
Applicant | |
Petition Submitted to City Administrator* | |
Zoning Commission Public Hearing and Review (Recommendation to Board of Aldermen) | |
Denial Recommended | Approval Recommended |
Appeal by Applicant | |
Board of Aldermen Public Hearing | Review by Board of Aldermen |
Denial of Petition | |
Approval by Board of Aldermen (Ordinance Adopted) | |
Applicant Applies for Building or Occupancy Permit as Outlined in Procedure for Processing of Permitted Uses | |
* | Address to Board of Aldermen |
Section 23-182 Processing of Planned District Applications, Community Unit Plan and Special Use Permits.
[Ord. No. 646 §2; Ord. No. 660 §§1, 2; Ord. No. 680 §8; Ord. No. 1194 §1, 5-17-1994; Ord. No. 1813 §2, 1-4-2005]
(a)
The board of aldermen or the zoning commission, on their own motion, may initiate the establishment of a Planned Commercial or Planned Industrial District by the same basic procedure as specified in subsection (a) of section 23-181 and further may, but need not provide a development plan or adopt detailed development conditions.
(b)
Every petition for establishment of a planned commercial or planned industrial district or community unit plan or special use permit, other than by motion of the board of aldermen or zoning commission to develop land previously established as a planned district by action of the board of aldermen, or petition for use requiring a special use permit, shall be addressed to the board of aldermen and filed with the city administrator on forms prescribed for that purpose and accompanied by a fifty dollar nonrefundable filing fee. The petitioner, at his option, may request that a verbatim record be made of the public hearing. If the petitioner elects to request a verbatim record, the actual cost of such shall be borne by the petitioner, and the petitioner shall deposit one hundred dollars toward the cost of such, to be appropriately adjusted when the actual cost is known. In addition, the petitioner for establishment of a planned commercial or planned industrial district or community unit plan or, when applicable, special use permit shall submit a preliminary development plan in such detail as to include the following:
(1)
Preliminary site plan, showing proposed uses and structures.
(2)
Existing and proposed contours at intervals of two feet or less, referred to sea level datum.
(3)
Location of all isolated trees having a diameter of six inches or more, and all tree masses.
(4)
Two section profiles through the site, showing preliminary building form.
(5)
The proposed ingress and egress to the site, including adjacent streets.
(6)
A preliminary plan for provision of sanitary sewers and storm water drainage facilities.
(c)
Verification of accuracy of the petition and plan, public notification of public hearing by publication and the posting of a public notice sign upon the property in question, and the public hearing procedure shall be the same as that required for any other change of zoning as described in section 23-181.
(d)
The City reserves the full right and authority to deny any application for a planned district application, community unit plan and special use permit. The City shall not approve such an application unless it finds evidence and the application clearly:
[Ord. No. 2723, 6-20-2023]
(1)
Complies with all other applicable provisions of City Code and building regulations;
(2)
Will contribute to and promote the community welfare and convenience at the specific location;
(3)
Will not cause substantial injury to the value of the neighboring property;
(4)
Will provide, if applicable, erosion control and on-site stormwater detention in accordance with applicable regulations; and
(5)
Will be compatible with the surrounding area, and thus not impose an excessive burden or have a substantial negative impact on the surrounding or adjacent users, or on community facilities or services.
(e)
The zoning commission shall forward its recommendation for approval or denial of the application to the board of aldermen indicating the rationale and planning considerations on which such recommendation is based. If the recommendation is one of approval, it shall contain recommended development conditions to be incorporated into an ordinance authorizing approval of the application. The conditions shall include but not be limited to:
(1)
Time limitations for submission of the final development plan and commencement of construction;
(2)
Specific uses permitted in this district;
(3)
Yard requirements:
(4)
Off-street parking and loading requirements;
(5)
Performance standards; and
(6)
Requirement that any transfer of ownership or lease of the property shall include in the transfer or lease agreement a provision that the purchaser or lessee agrees to be bound by the conditions of this development ordinance and plan.
(f)
After passage of an ordinance authorizing approval of the petition by the board of aldermen, the developer shall submit the final development plans to the zoning commission within the period of time specified in the ordinance. The plans shall include such information as is required by the zoning commission for adequate consideration of the plan. The plans shall satisfy the subdivision regulations and other pertinent city ordinances where applicable. If in the opinion of the zoning commission the submitted plan substantially deviates from the preliminary development plan approved by the board of aldermen, the commission shall report to the petitioner and the board of aldermen on the manner in which such plan deviates from the approved preliminary plan and, if deemed necessary, forward a resolution of intent to the board of aldermen for the purpose of a new public hearing on the matter in accordance with the proceedings specified in section 23-181.
(g)
Within sixty days of approval of the final development plan by the zoning commission, the plan shall be recorded by the developer together with conditions of the ordinance authorizing the establishment of the district in the office of the recorder of deeds in the county.
(h)
All conditions relating to or limiting the use, status or operation of the use or development after issuance of a conditional or temporary occupancy permit shall be posted in a conspicuous public place on the premises prior to the issuance of a permanent occupancy permit. So long as a substantial part of the development remains in single ownership, or ownership of any part of the property is retained or held by the developer or by trustees with duties imposed by this chapter or by conditions imposed under authority hereof, such person or persons shall maintain such list of conditions in a conspicuous public place, and failure to do so shall constitute a violation of this chapter.
(i)
No buildings, facilities, commercial establishments or service concerns may occupy or use any portion of the district or site until the required related off-site improvements including but not limited to streets, sidewalks, sanitary and storm sewers, street lights and street trees are constructed or a performance bond or escrow posted covering the estimated cost of construction as determined by the building commissioner.
(j)
If substantial construction of development does not begin within a period of time specified in the conditions of the ordinance authorizing establishment of a planned district, the board of aldermen may, on its motion or on a recommendation of the zoning commission, rezone the property or any portion thereof to the zoning district classification that prevailed prior to the approval of the planned district classification. In the case of an application to develop an existing planned district or site governed by a special use permit, the board of aldermen by resolution may revoke the planned district ordinance or special use permit.
(k)
The time limitations specified in the ordinance approving the application for submission of final development plans and for completion of construction may be extended by the board of aldermen for cause.
(l)
After recording of a final development plan, changes not inconsistent with the purpose of intent of this section may be approved by the zoning commission. Changes affecting the purpose or intent of this section shall require a new petition.
(m)
The appeal procedure for any planned district or special use permit petition for which the zoning commission has recommended denial shall be the same as that provided in section 23-181.
(n)
Upon approval of the final development plan by the zoning commission and after recording the same together with accompanying development conditions in the office of the recorder of deeds of the county, applications for construction permits and certificates of occupancy may take place at the office of the building commissioner.
(o)
Special use permits and conditions thereof shall not be required to be recorded in the office of the recorder of deeds of the county, nor shall the passage of an ordinance be required to approve such special use permits.
(p)
Changes, alterations or modifications of the conditions to the approval of applications for planned districts or special use permits shall be processed as anew application.
(q)
Violation of any condition to the approval of applications for planned districts or special use permits shall be cause for revocation of the approved permit or district. Notification of violation shall be processed as set forth in section 23-183.
(r)
Any application fees or deposits required by the City in conjunction with any application for action under this section is intended to defray the cost of review, analysis and consideration of same. Such costs may include, but not be limited to, legal or informational publications, signage, legal reviews, engineering and architectural reviews, ordinance preparation, hearings, surveys, studies and any other direct, indirect or third party costs. In the event that such fees are insufficient to cover such total costs for a specific application, the applicant shall deposit with the City such additional sums to cover the entire cost of such review upon request by the City.
PROCEDURE FOR PROCESSING OF PLANNED DISTRICTS (WITH OR WITHOUT ACCOMPANYING REZONING) AND SPECIAL USE PERMITS | |
|---|---|
Applicant | |
Petition and Development Plan Submitted to City Administrator* | |
Zoning Commission Public Hearing and Review (Recommendation to Board of Aldermen) | |
Denial Recommended | Approval Recommended |
Appeal by Applicant | |
Board of Aldermen Public Hearing | Review by Board of Aldermen |
Denial of Application | |
Approval by Board of Aldermen (Ordinance Adopted and Preliminary Development Plan Approved) | |
Note: steps below not required for Special Use Permits. | |
Final Development Plan Submitted by Applicant to Zoning Commission | |
Final Development Plan Approved by Zoning Commission and Recorded by Applicant | |
Applicant Applies for Building or Occupancy Permit Issued by the Building Commissioner | |
* | Address to Board of Aldermen. |
Section 23-183 Enforcement of Chapter; Penalties for Violation.
[Ord. No. 646, §2]
It shall be the duty of the mayor, through the proper departments to enforce this chapter.
The owner or agent of a building or premises in or upon which a violation of any provision of this chapter has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist; or the owner, agent, lessee or tenant of any part of the building or premises in or upon which such violation has been committed or shall exist; or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars and not more than five hundred dollars for each day that such violation continues, or by imprisonment for ten days for each day such violation shall continue, or by both such fine and imprisonment, in the discretion of the court.
Any such person who, having been served with an order to remove any such violation, shall fail to comply with the order within ten days after such service, or shall continue to violate any provision of the regulations made under authority of this chapter in the respect named in such order, shall also be subject to a civil penalty of five hundred dollars.