City of Eureka - General Requirements

Alternate Floodplain District Regulations

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.

See Section 23-26: Alternate Floodplain District Regulations for more details on floodplain regulations and requirements.

Architectural Conformity

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 square feet
R-2	900 square feet
R-3	850 square feet
R-4	750 square feet
R-5	750 square feet

Classification of Areas Under Water

All areas within the boundaries of the city which are under water and not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins two or more districts the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.

Classification of Vacated Streets and Alleys

Whenever any street, alley or other public way is vacated by official action of the board of aldermen or other public officials, the zoning districts adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.

Creation Of New Lots

No new lots shall be created of less than three (3) acres in area except for fire stations, Police stations, nurseries or day nurseries, and local public utility facilities. Lots of less than three (3) acres in area, created for the above uses, shall not be used for any other use. In the event the permitted use terminates, the lot shall be established as common ground for an adjacent development or combined with an adjacent parcel or parcels by means of a boundary adjustment. Prior to the approval of a subdivision record plat creating a lot of less than three (3) acres, a deed or other legal instrument must be approved by the County Counselor and recorded with the St. Louis County Recorder of Deeds, which guarantees the required transfer of the property in the event the permitted use is terminated.

Erection of More Than One Building on Single Lot

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.

Nonconforming structures and uses

Nonconforming Uses and Structures Defined.
A nonconforming land use or structure is one which existed lawfully on the date this chapter or any amendment thereto became effective, and which fails to conform to one or more of the applicable regulations of this chapter or such amendment thereto, except minimum lot area, yard and setback requirements.
A nonconformity shall not be deemed to have existed on the date this chapter or any amendment thereto became effective, unless:

(a) It was in being on a continuous basis and to its fullest extent on such date.
(b) If such nonconformity is a use, such use had not been abandoned as hereinafter defined.

Provided, that nothing in this section shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun in good faith prior to such date, if such construction is diligently prosecuted to completion within two years following such date. Actual construction is hereby defined to include the placing of construction materials so that they are in a permanent position and fastened to the earth in a permanent manner.

Discontinuance of Nonconforming Use of Land for Storage or Advertising.
The nonconforming use of open land for storage purposes and advertising signs and bulletin boards shall be discontinued within two years of their becoming nonconforming.

Continuation of Use or Structure; Change to Permitted Use.
An existing nonconforming land use or structure shall not cause further departures from this chapter. Although an existing nonconformity may be continued except as herein limited, it may not be changed to another use except a use permitted in the district in which it is situated, provided it complies with the requirements of that district.

Enlargement or Alteration of Nonconforming Use.
A nonconforming use shall not be enlarged, extended or altered and a structure or part thereof devoted to a nonconforming use shall not be enlarged, extended, constructed, reconstructed or structurally altered, except:

(a) As may be required by law;
(b) In changing the use to one which is permitted in the district in which such use is situated; or
(c) To the extent hereinafter permitted.

Restoration of Damaged Buildings.
The restoration of any structure and its use, when such structure has been damaged by fire, explosion, act of God or the public enemy to an extent less than sixty percent of its replacement value at the time of destruction, may be permitted, provided the restoration of such structure and its use in no way increases any former nonconformity; and provided, further, that restoration of such structure is begun within six months of such damage an diligently prosecuted to completion within two years following such damage. Where damage to the structure is more than sixty percent of the replacement value at the time of damage, the structure shall not be restored except in full conformity with all the regulations of the district in which such structure is situated. However, none of the restrictions contained in this section shall limit the authority of the board of adjustment to grant relief for reconstruction of a nonconforming use if it finds some compelling public necessity requiring the continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.

Abandonment.
In the event that a nonconforming use of any building or premises is discontinued for a period of two years, the use shall be deemed abandoned. Thereafter, the use of such building or premises shall conform to the uses permitted in the district in which it is located.

Off-Street Parking
For a table of parking details, see Section 23-150: Specific Requirements by Use.

See Section 23-151: Interpretation of Specific Requirements for details.

Joint Use and Off-Site Facilities.
All parking spaces required herein shall be located on the same lot with the building or use served; except, that where an increase in the number of spaces is required by a change or enlargement of use or for non-residential uses, the required spaces may be located and maintained not more than five hundred (500) feet from the building served, upon approval of the Board of Aldermen.
Up to fifty percent (50%) of the parking spaces required for: (a) theaters, public auditoriums, bowling alleys, dance halls and night clubs, and up to one hundred percent (100%) of the parking spaces required for a church auditorium may be provided and used jointly by, (b) banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those uses listed in (a) and up to one hundred percent (100%) of parking spaces required for schools may be provided and used jointly by a church auditorium; provided, that written agreement thereto is properly executed and recorded as specified below.

Design Standards.

Minimum area. Minimum dimensions for each off-street parking space shall be nine (9) feet wide and nineteen (19) feet long. Such areas shall be permanently reserved for the temporary storage of one vehicle and shall be connected with a street or alley by a driveway which affords ingress and egress for one motor vehicle without requiring another vehicle to be moved, except for single-family dwellings.

Surfacing.

(1) All parking lots and driveways except those in the "LLRD" residential district shall be paved with concrete or asphaltic materials.
(2) Residential driveways constructed of concrete shall conform to St. Louis County specifications on the right-of-way and a minimum of four (4) inches on private property.
(3) Residential driveways constructed of asphaltic materials shall conform to St. Louis County specifications on the right-of-way and a minimum of two (2) inches of Type "C" asphalt on six (6) inches of compacted aggregate base on private property.
(4) Commercial and industrial driveways and parking lots (including three (3) units or more multi-family) constructed of concrete shall conform to St. Louis County specifications on the right-of-way, and a minimum of six (6) inches in depth on private property.
(5) Commercial and industrial driveways and parking lots (including three (3) units or more multi-family) constructed of asphaltic materials shall conform to St. Louis County specifications on the right-of-way, and a minimum of three (3) inches of Type "C" asphalt on six (6) inches of compacted aggregate base on private property.

Drainage and Maintenance. Off-street parking facilities shall be drained so as to eliminate standing water and not cause damage to adjacent public and/or private property. All off-street parking and loading shall be maintained as free as practicable from dust, paper, other loose particles, snow, ice and sleet. All signs, markers and parking location markings shall be maintained in a neat and legible condition. The surfacing of all off-street parking and loading facilities shall be maintained in good condition. All plantings, screenings and structures shall be maintained in good condition.

Separation From Walkways and Streets. Off-street spaces other than single-family residential shall be separated from walkways, sidewalks, streets or alleys by a wall, fence or curbing or other approved protective device, or by distance, so that vehicles cannot protrude over public and/or private property.

Entrances and Exits. Location and design of entrances and exits shall be in conformance with St. Louis County specifications. In general, there shall not be more than one (1) entrance and one (1) exit, or one (1) combined entrance and exit along any one (1) street. Landscaping, curbing or approved barriers shall be provided along lot boundaries to control the entrance and exit of vehicles or pedestrians.

Interior Drives. Interior drives shall be in conformance with St. Louis County specifications so as to be of adequate width to serve a particular design arrangement of parking spaces.

Marking. Parking spaces in lots of more than ten spaces shall be marked by painted lines or curbs or other means to indicate individual spaces. Signs or markers shall be used as necessary to ensure efficient traffic operation of the lot and to designate handicapped parking spaces.

Lighting (excluding residential). Adequate lighting shall be provided if off-street parking spaces are to be used at night. The lighting shall be arranged and installed to eliminate glare on property in a residential district and adjacent streets. Lighting intensity shall be designed in accordance with the county Subdivision Ordinance and as it may be amended.

Screening. When off-street parking areas for ten or more automobiles are located closer than fifty feet to a lot in a residential district, and where such parking areas are not entirely screened visually from such lot by an intervening building or structure, a continuous, visual screen with a height of four to six feet shall be provided between the parking area and such lot in a residential district. Such screen may consist of a compact evergreen hedge of foliage screening, a solid fence or other acceptable screening.

See Section 23-154: Use Limitations; Unlawful Practices for detailed information.

Existing Structures.
Buildings and structures in existence prior to March 16, 1982, shall not be required to provide off-street parking spaces.
Should the building or structure be enlarged twenty-five percent or more, such enlargement shall be subject to the requirements contained in this article.

Off-street parking facilities in existence on March 16, 1982, shall be required to maintain such off-street parking facility in a safe and usable manner and shall keep such off-street parking facility as free as practicable from dust, paper, snow, ice and sleet.

Building Permits.
Building and structures not meeting the requirements contained herein, for which application has been made for a building permit, shall not be granted a building permit unless a variance has been granted by the Board of Adjustment.

Enforcement.

(a) It shall be the duty of the Building Commissioner to carry out and enforce the provisions of this Article.

(b) The Building Commissioner may grant a conditional or temporary occupancy permit for buildings or structures that have not completed construction of the parking lot when, in the opinion of the Building Commissioner, substantial temporary hardship is shown, such as seasonal weather conditions; provided, that the owner and/or occupant certifies, in writing, that he/she will expeditiously complete construction within a reasonable specified period of time, as determined by the Building Commissioner.

Projections over street lines and required yard areas generally

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.

Zoning of Annexed Territory

All territory which may be annexed to the city shall automatically be classed as having the same land use, area, height, yard and intensity of use regulations as authorized by the St. Louis County zoning Ordinance in effect at the time the area is unincorporated until such classification shall have been changed by an amendment to this chapter, as provided by law.

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