HomeMy WebLinkAboutOrd.4109.03-01-2010 BILL NO. 10-19 ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 30 OF THE
CODE OF ORDINANCES OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, REGARDING ZONING
Article 1 . All of Chapter 30, entitled "Zoning" , of the
Code of Ordinances of the City of Cape Girardeau, Missouri,
except for Sections 30-38 , 30-41, 30-42, and 30-43 , is4gher=eby
reeale"d in nits gent rets:=
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Article 2 . There is hereby enacted a new Chapter 30 ,
entitled "Zoning" , of the Code of Ordinances of the City of Cape
Girardeau, Missouri, in words and figures, to read as follows :
Chapter 30 - ZONING
TABLE OF CONTENTS
ARTICLE 1 . General Provisions
Section 30-101 . Authority.
Section 30-102 . Title.
Section 30-103 . Purpose.
Section 30-104 . Interpretation.
Section 30-105 . Definitions .
ARTICLE 2 . Administration, Enforcement and Review
Section 30-201 . Administration.
Section 30-202 . Planning and Zoning Commission.
Section 30-203 . Historic Preservation Commission.
Section 30-204 . Board of Adjustment; Created;
Composition, Term, Removal of
Members ; Rules, Quorums, Officers,
Meetings, Records; Appeals;
Powers .
Section 30-205 . Enforcement.
Section 30-206. Amendments .
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ARTICLE 3 . District Regulations .
Section 30-300 . General .
Section 30-310 . AG, Agricultural District
n 30 311 : ;SAG 1, Exclusive, Agult�nal
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Di st�c
Section 30-320 Residential Districts .
Section 30-321 . RE, Rural Estate Residential
District.
Section 30-322 . . R-1 , Single Family Suburban
Residential District.
Section 30-323 . R-2 , Single Family Urban
Residential District.
Section 30-324 . R-3, High Density Single-Family
Residential District.
Section 30-325 . R-4 , Medium Density Multi-family
Residential District.
Section 30-326 . R-5 , High Density Multi-family
Residential District.
Section 30-327 . RUMD, Residential Urban Mixed
Density District.
Section 30-328 . RMH, Residential Manufactured Home
District.
Section 30-330 . Commercial and Manufacturing/
Industrial Districts .
Section 30-331 . NC, Neighborhood Commercial
District.
Section 30-332 . CBD, Central Business District.
Section 30-333 . C-1, General Commercial District.
Section 30-334 . C-2 , Highway Commercial District.
Section 30-335 . M-1 , Light Manufacturing/
Industrial District.
Section 30-336 . M-2 , Heavy Manufacturing/
Industrial District.
Section 30.-340 . Other Districts .
Section 30-341 . PD, Planned Development District.
Section 30-342 . A-1 , Airport District.
Section 30-350 . Overlay Districts .
Section 30-351 . NCON,.Neighborhood Conservation
Overlay District.
Section 30-352 . H, Historic Overlay District.
Section 30-353 . CX, Adult Entertainment Overlay
District.
Section 30-354 . IO, Increased Occupancy Overlay
District.
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Article 4 . Supplemental District Regulations .
Section 30-401 . Special Use Permit.
Section 30-402 . Reserved.
Section 30-403 . Accessory Structures and Uses .
Section 30-404 . Telecommunication towers;
standards .
Section 30-405 . Home Occupations .
Section 30-406. Temporary Uses .
Section 30-407 . Nonconforming Uses .
Section 30-408 . Home Daycares .
Section 30-409 . Excursion or Floating Gambling
Facilities .
Section 30-410 . Alternative Energy Systems .
Section 30-411 . In Home Elderly Care.
Section 30-412 . Guest Houses .
Section 30-413 . Height and Area Exceptions and
Modifications .
Article 5 . Other Regulations .
Section 30-501 . Off-street Parking and Loading
Requirements .
Section 30-502 . Billboards .
Section 30-503 . Sign Usage.
Section 30-504 . Fences .
ARTICLE 1 . General Provisions
Section 30-101 . Authority.
This Chapter is adopted under the authority granted by
Sections 89 . 010-89. 491 of the Revised Statutes of the
State of Missouri .
In enacting this Chapter for the zoning and
development of land, the City is exercising its
constitutional home rule power pursuant to Article VI,
Section 19 (a) of the Constitution of the State of
Missouri, including, but not limited to, the authority
granted in Article II of the Charter of the City of
Cape Girardeau; and all other powers derived from the
Constitution and the laws of the State of Missouri,
including those powers explicitly granted by and
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necessarily implied by Chapter 89 of the Revised
Statutes of the State of Missouri .
Section 30-102 . Title.
This Chapter shall be the official zoning code of the
City of Cape Girardeau, Missouri; and shall be known,
cited and referenced as the "Zoning Code of the City
of Cape Girardeau, Missouri" .
Section 30-103 . Purpose.
This Chapter is adopted in order to regulate and
restrict the location and use of buildings,
structures, and land for trade, industry, residential
or other purposes by dividing the City of Cape
Girardeau into residential, commercial, industrial,
and other districts, each with their own regulations
and restrictions with respect to the use and
development of land with the City; to regulate and
restrict the height, number of stories, size, bulk of
buildings and other structures; to restrict the
percentage of a lot that may be occupied by buildings
or structures; to require setbacks from highways and
streets; to specify the size of yards and open space
and the spacing of buildings and structures; to
regulate the density of population; to conserve and
protect the value and economic use of property within
the City; to preserve buildings and structures and
features thereof, that have historical significance;
and to prevent or ameliorate traffic congestion.
Section 30-104 . Interpretation.
The provisions of this title shall be held to be
minimum requirements adopted to promote the health,
safety and general welfare of the City and shall be
construed in favor of the City and shall not be deemed
a limitation of any power granted by Chapter 89 of the
Revised Statutes of the State of Missouri .
Section 30-105 . Definitions :
Words or phrases in this Chapter shall be interpreted
so as to give them the same meaning as they have in
common usage . However, for the purpose of this
Chapter, the following terms shall have the meanings
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ascribed to them in this Section, except where the
context clearly indicates a different meaning:
(1) Accessory structure - a detached subordinate
building, the use of which is incidental to and
customary in connection with the principal
building or use and which is located on the same
lot with such principal building or use, and
which is greater than one hundred fifty (150)
square feet in size.
(2) Accessory use - a subordinate use which is
incidental to and customary in connection with
the principal building or use, and is located on
the same lot with such principal building or use.
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(3) Agricultural use - the use of land for
agricultural purposes, including farming,
dairying, pasturage, agriculture, horticulture,
floriculture, viticulture, and animal and poultry
husbandry and the necessary accessory uses for
packing, treating, or storing the produce;
provided, however, that the operation of any such
accessory uses shall be secondary to that of
normal agricultural activities .
(4) Alley - a thoroughfare which affords only a
secondary means of access to abutting property.
(5) Alteration - any act or process that changes one
(1) or more of the exterior architectural
features of a structure, including, but not
limited to, the erection, construction,
reconstruction, or removal of any structure.
(6) Animal Feeding Operation (AFO) - Animal Feeding
Operations (AFO) as defined by Environmental
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Protection Agency Regulations; includes
agricultural operations where animals are kept
and raised in confined situations . AFO
congregate animals, feed, manure and urine, dead
animals, and production operations on a small
land area. Feed is brought to the animals rather
than the animals grazing or otherwise seeking
feed in pastures, fields, or on rangeland.
(7) Antenna - any exterior transmitting or receiving
device mounted on a tower, building or structure
and used in communications that radiate or
capture electromagnetic waves, digital signals,
analog signals, radio frequencies (excluding
radar signals) , wireless telecommunications
signals or other communication signals . The term
shall exclude any receive-only home television
antenna.
(8) Bed and Breakfast - an owner-occupied dwelling or
portion thereof, which contains guest rooms where
short-term lodging, with or without meals, is
provided for compensation.
(9) Bedroom - A sleeping room as defined in Chapter
7-361 of the City Code .
(10) Board of adjustment - the board established
pursuant to Section 30-204 of this Chapter.
(11) Bufferyard - a landscaped area intended to
separate and partially obstruct the view of two
(2) adjacent land uses or properties from one
another, and to block out noise, lights or other
nuisances .
PROPFRiY LIKE
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(12) Building - any structure designed or intended for
the support, enclosure, shelter, or protection of
persons, animals, or property.
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(13) Building Coverage - the horizontal area measured
within the exterior walls of the ground floor of
all principal and accessory buildings on a lot
divided by the gross area of the lot .
(14) Building, height - the vertical distance from the
average grade to the highest point of the coping
of a flat roof or to the deck line of a mansard
roof or to the mean height level between eaves
and ridge for gable, hip, and gambrel roofs,
excluding elevator shafts and equipment .
Total
V2 NI Height
1/2
BiAding
Height
Gable Roof
Average Grade
(15) Canopies - an independent, ground-supported,
roofed structure with totally open sides .
(16) Carport - a roofed structure providing space for
the parking of vehicles which is open on not less
than two sides .
(17 ) Certificate of Appropriateness - a Certificate
issued by the Cape Girardeau Historic
Preservation Commission authorizing an
alteration, construction, removal or demolition
affecting a defined feature described and
delimited in the designation of a historic site
or district .
(18) Cluster Subdivision - a development design
technique that concentrates buildings in specific
areas on a site to allow the remaining land to be
used for recreation, common open space, and
preservation of environmentally sensitive
features .
(19) Concentrated Animal Feeding Operations (CAFO) :
Concentrated Animal Feeding Operations (CAFO) as
defined by Environmental Protection Agency
Regulations .
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(20) Construction - the act of adding to an existing
structure or the erection of a new principal or
accessory structure on a lot or property.
(21) Conversion - the alteration or adaptive reuse of
a structure to accommodate uses for which it was
not originally designed or constructed. Examples
include, but are not limited to, converting a
warehouse into a restaurant, or converting an
office building into residential apartments .
(22) Council - the City Council of the City of Cape
Girardeau, Missouri .
(23) Daycare, commercial - the care for compensation
of individuals on a regular basis, for periods of
less than twenty-four (24 ) hours per day, in a
place other than the individual' s own dwelling
unit .
(24 ) Day care, home - a dwelling, occupied as a
permanent residence, in which care is given for
compensation to individuals unrelated to the
residents of the home.
(25) Demolition - as it pertains to a landmark or
historic district means any act or process which
affirmatively destroys, in part or. in whole, a
landmark or a structure within a historic
district, or which affirmatively threatens to
destroy a landmark or a structure within a
historic district .
(26) Density - the number of dwelling units per acre.
(27) Designation, Historic - the identification and
registration of properties that meet the criteria
established by the City or the State for the
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preservation of significant historic and
prehistoric resources within the City.
(28) District - a Section of the City for which the
regulations governing the use of buildings and
premises, the height of buildings, the size of
yards, and the intensity of use are uniform.
(29) Dock - the location in the City of Cape Girardeau
authorized under Section 313 . 800 et seq. , RSMo. ,
where an excursion gambling boat moors for the
purpose of embarking passengers for and
disembarking passengers from a gambling
excursion; or where an excursion gambling boat is
continuously docked; or where a floating facility
for gambling purposes is more or less
continuously moored; or where pleasure or fishing
boats are moored for any period of time .
(30) Drive-thru restaurants - a restaurant where the
facilities or services are designed to permit
food or beverages to be consumed on the premises
outside of the building or in automobiles parked
on the premises .
(31) Duplexes - see Dwelling two-family
(32) Dwelling - any building or portion thereof which
is designed and used exclusively for residential
purposes .
(33) Dwelling, multi-family - a building having
accommodations for and occupied exclusively by
more than two (2) families with no more than two
(2) unrelated persons per bedroom.
(34 ) Dwelling, single-family - a building having
accommodations for and occupied exclusively by
one (1) family.
(35) Dwelling, two-family - a building having
accommodations for and occupied by two (2)
families .
(36) Exterior architectural appearance = the
architectural character and general composition
of the exterior of a structure, including, but
not limited to, the kind, color and texture of
the building material, and the type, design and
character of all windows, doors, light fixtures,
and signs .
(37) Excursion gambling boat or floating gambling
facility - a boat, ferry, barge, or similar
structure licensed by the Missouri Gaming
Commission on which gambling games are allowed.
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(38) Family -
a. One (1) or more persons related by blood,
marriage, adoption or custodial relationship
living as a single housekeeping unit; or
b. Three (3) or fewer unrelated persons living as
'a single housekeeping unit; or
c. Two (2) unrelated persons, plus their
biological, adopted or foster children or
other minors, for whom they have legally
established custodial responsibility, . living
as a single housekeeping unit .
Domestic servants, employed on the premises, may
be housed on the premises without being counted
as part of the family. The term family shall
not be construed to mean a fraternity, sorority,
club or institutional group.
(39) Fence - any artificially constructed barrier of
any material or combination of materials erected
to enclose or screen areas of land.
(40) Floor Area Ratio (FAR) - the gross floor area of
all buildings on a lot divided by the lot area on
which the building or buildings are located.
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(41) Frontage - the lot line that abuts a street
right-of-way. The frontage of a lot abutting
more than one (1) street shall be calculated
separately for each street .
(42) Gambling Excursion - the time during which
gambling games may be operated on an excursion
gambling boat or floating facility whether docked
or during a cruise .
(43) Garage, private - an accessory building or
portion of a main building, or part thereof,
designed or used for the storage of vehicles
owned and used by the occupants of the building.
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(44 ) Historic district - an area designated as a
"historic district" by ordinance of the City
Council pursuant to Section 30-352 of this
Chapter.
(45) Home occupation - any activity, whether or not
for financial gain, conducted in or directed from
a residential dwelling unit by one (1) or more
family members residing within that dwelling
unit .
(46) Hotel - any structure, or building, under (1)
management, which contains a room or rooms
furnished for the accommodation or lodging of
guests, with or without meals being provided, and
kept, used, maintained, advertised or held out to
the public as a place where sleeping
accommodations are sought for pay or compensation
to transient guests or permanent guests .
(47) Infill Development - new construction on vacant
or underutilized parcels of land, or clearance
and redevelopment to replace dilapidated or
deteriorated structures .
(48) Kennel - an establishment licensed to operate a
facility housing dogs, cats, or other household
pets and where grooming, breeding, boarding,
training, or selling of animals is conducted as a
business, or by a not-for-profit organization.
(49) Landmark, local - a property or structure
designated as a "landmark" by ordinance of the
City Council, pursuant to Section 30-352 of this
Chapter.
(50) Loading space - a space on the lot accessible to
an alley or street, not less than ten (10) feet
in width, twenty (20) feet in depth and ten (10)
feet in height .
(51) Lot - a parcel of land occupied or intended for
occupancy by a use permitted in this Chapter,
including the open spaces and parking spaces
required by this Chapter, and having its
principal frontage upon a public or private
street .
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(52) Lot, corner - a lot abutting upon two (2) or more
streets at their intersection.
(53) Lot, depth of - the mean horizontal distance
between the front and rear lot lines .
(54 ) Lot, interior - a lot other than a corner lot .
(55) Lot of record - a lot which is a part of a
subdivision,. the map of which was recorded in the
office of the county recorder; or a' parcel of
land, the deed to which was recorded in the
office of the county recorder, prior to the
original adoption of this ordinance on December
20, 1967 .
(56) Manufactured business unit (mobile business unit)
- a factory-built structure or structures which,
in the traveling mode, is eight (8) body feet or
more. in width or forty (40) body feet or more in
length, or, when erected on-site, contains three
hundred twenty (320) or more square feet,
equipped with the necessary service connections
and made so as to be readily movable as a unit or
units on its or their own running gear and
designed to be used for commercial, educational,
or industrial purposes with or without a
permanent foundation. The phrase "without a
permanent foundation" indicates that the support
system is constructed with the intent that the
manufactured unit placed thereon may be moved
from time to time at the convenience of the
owner.
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Manufactured business units (mobile business
units) are those factory-built structures
manufactured under the authority of the Federal
Manufactured Home Construction and Safety
Standards Acts, effective June 15, 1976, and must
carry a seal of approval of the U. S . Department
of Housing and Urban Development (HUD) as
required by the Missouri Public Service
Commission.
The term "manufactured business unit" shall also
include units defined as above if such units are
in two (2) or more separately towable components
designed to be joined into one (1) integral unit
capable of being again separated into components
capable of repeated towing and includes two (2)
or more manufactured business units joined into a
single business unit which are kept on separate
chassis for repeated towing.
(57) Manufactured home (mobile home) - a factory built
structure or structures which, in traveling mode,
is eight (8) body feet or more in width or forty
(40) body feet in length, or, when erected on-
site, contains three hundred twenty (320) or more
square feet, equipped with the necessary service
connections and made so as to be readily movable
as a unit or units on its or their own running
gear and designed to be used as a dwelling unit
or units with or without a permanent foundation.
The phrase "without a permanent foundation"
indicates that the support system is constructed
with the intent that the manufactured home placed
thereon may be moved from time to time at the
convenience of the owner.
Manufactured homes (mobile homes) are those
factory-built structures manufactured under the
authority of the Federal Manufactured Home
Construction and Safety Standards Act, effective
June 15, 1976, and must carry a seal of approval
of the U. S . Department of Housing and Urban
Development (HUD) as required by the Missouri
Public Service Commission.
The term "manufactured home" shall also include
units defined as above if such units are in two
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(2) or more separately towable components
designed to be joined into one (1) integral unit
capable of being again separated into the
components capable of repeated towing and
includes two (2) or more manufactured home units
joined into a single residential unit which are
kept on separate chassis for repeated towing.
(58) Manufactured home (mobile home) park - a parcel
of land which has been developed for the
placement of more than one (1) manufactured home
(mobile home) .
(59) Microbrewery - a business whose primary activity
is the brewing and selling of beer, with an
annual production of ten thousand (10, 000)
barrels or less (one barrel of beer yields two
(2) common fifteen and one-half (15'-�) gallon
kegs) .
(60) Nonconforming use - any building or land lawfully
occupied by a use at the time of passage of this
ordinance or amendment thereto, which does not
conform after the passage of this Chapter or
amendment thereto with the use regulations of the
district in which it is situated.
(61) Nursing home, senior citizen ' housing or
retirement home- a home for the aged or infirm in
which three (3) or more persons not of the
immediate family are received, kept, or provided
with food and shelter or care for compensation,
but not including hospitals, clinics or similar
institutions devoted primarily to the diagnosis
and treatment of the sick or injured.
(62) Office - a place where business or services for
others is transacted, and not a place where
goods, wares, or merchandise are commonly
created, exchanged or sold.
(63) Open Space - any space on a lot that is
unobstructed to the sky except for the ordinary
projection of cornices and eaves . Open space
shall not include areas covered by structures,
decks, porches, parking areas, driveways,
internal streets and other forms of impervious
surface other than sidewalks and trails . Open
Space may include up to one-half (1/2) of the
open space requirement may be in water,
floodplain and stormwater detention facilities .
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(64) Owner of record - the person, corporation or
other legal entity listed as owner on the records
of the county recorder of deeds .
(65) Parking lot - an open surfaced area used
exclusively for the temporary storage of motor
vehicles .
(66) Permitted uses - a use specifically listed as
being allowed in a particular zoning
classification, or a substantially similar use as
determined by the Director of Development
Services .
(67) Porch - a roofed structure attached to a building
and open on two (2) or more sides . A screened-in
porch shall not be considered open.
(68) Pub, brewery - a bar, tavern, pub, or restaurant-
bar wherein beer is brewed on the premises in a
microbrewery for sale either on or off the
premises .
(69) Rehabilitation - returning structure to a state
of usefulness by replacement and alteration
designed to encourage its continued usage while
preserving exterior features of significant
value . Examples include reconstruction of a
porch, or removal and replacement of windows and
doors .
(70) Renovation - refurbishing a structure so it
conforms to minimum standards of sanitation,
fire, and life safety, while preserving exterior
features of significant value .
(71) Repair - any change that is not construction,
removal or alteration.
(72) Restaurant - a place of business where prepared
food and beverage are sold for consumption within
the building or away from the premises .
(73) Residential Treatment Facilities - a facility
used for the purpose of providing twenty-four-
hour-a-day, residential living accommodations for
the purpose of providing assistance for substance
abuse, physical abuse, and other life controlling
problems .
(74 ) Screening - a device or material used to conceal
one (1) element of a development from other
elements or from adjacent or contiguous
development . Screening may include one (1) or a
combination of the following materials of
sufficient mass to be opaque or that shall become
opaque after twelve (12) months and which shall
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be maintained in an opaque condition: walls,
berms, fences, or plantings .
(75) Senior citizen - an individual over the age of
sixty (60) years .
(76) Significant properties - are generally those
which meet the Secretary of the Interior' s
standards for evaluating structures within
registered historic districts . A structure
contributing to the historic significance of a
site or district is one that by location, design,
setting, materials, workmanship, feeling, and
association adds to the site ' s or district ' s
sense of time and place and historical
development . A structure not contributing to the
historic significance of a site or district is
one that detracts from the site ' s or district ' s
sense of time and place and historical
development; or one where the integrity of the
original design or individual architectural
features or spaces have been irretrievably lost;
or one where physical deterioration or structural
damage has made it not reasonably feasible to
rehabilitate the building. Ordinarily, structures
that have been built within the past fifty (50)
years will not be considered unless a strong
justification concerning their historical or
architectural merit is given or the historical
attributes of the district are considered to be
less than fifty (50) years old.
(77 ) Site, Historic - any area or location occupied as
a residence or utilized by humans for a
sufficient length of time to construct features,
or deposit a number of artifacts, or any place
with evidence of past human activity. Sites
include, but are not limited to, occupation,
location, work areas, evidence of farming or
hunting and gathering, burial remains, artifacts,
and structures of all types .
(78) Site Plan - a drawing illustrating a proposed
development and prepared in accordance with the
specifications outlined in Chapter 25 .
(79) Special Uses - a use of land authorized by
permission granted pursuant to the procedure set
out in Section 30-401 or a use not permitted in a
particular zoning district unless certain
conditions are met .
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(80) Stop work order - an order issued by the Director
of Development Services directing an owner,
occupant, contractor or subcontractor to halt an
action for which a Certificate of Appropriateness
is required, and notifying the owner, occupant,
contractor or subcontractor of the application
process for a Certificate of Appropriateness .
(81) Story - that portion of a building included
between the surface of any floor and the surface
of the floor next above it or, if there be no
floor above it, then the space between the floor
and the ceiling next above it .
(82) Story, half - a space under a sloping roof which
has the line of intersection of roof decking and
wall face not more than three (3) feet above the
top floor level, and in which space not more than
sixty (60) percent of the floor area is finished
off for use.
(83) Street all property dedicated for public or
private street, highway, freeway or roadway
purposes or subject to public or private easement
therefore .
(84 ) Street, arterial - a street or road of
considerable continuity which serves or is
intended to serve as principal trafficway between
separate areas or districts and which is the main
means of access to the collector street system,
highways, and expressways .
(85) Street, collector - streets, which in addition to
servicing abutting properties, intercept local
streets, connect with community facilities and
carry neighborhood traffic to the arterial street
systems .
(86) Street, line - a dividing line between a lot,
tract, or parcel of land and contiguous street .
(87) Street, local - a street designated to provide
access to abutting property from collector and
arterial streets,
(88) Street, private - a street which is privately
owned and affords a primary means of access to
abutting property.
(89) Street, public - a street dedicated to the public
or held in fee simple title by the City which
affords a primary means of access to abutting
property.
(90) Street, width - the horizontal distance between
the outside edges of a street' s pavement,
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including any curbing and guttering, measured at
right angles to the street' s centerline.
(91) Structural alteration - any change in the
supporting members of a building, such as bearing
walls or partitions, columns, beams or girders,
or any complete_ rebuilding of the roof or the
exterior walls .
( 92) Structure - anything constructed or erected, the
use of which requires permanent location on or in
the ground or attached to something having
permanent location on the ground, including, but
without limiting the generality of the foregoing:
buildings, fences, gazebos, advertising signs,
billboards, backstops for tennis courts, radio
and television antennae and towers and swimming
pools .
(93) Telecommunication tower - a structure that is
designed and constructed for the support of one
(1) or more antennas for telephone, radio and
similar communication purposes, including self-
supporting lattice towers, guyed towers, or
monopole towers . The term includes radio,
television and transmission towers, microwave
towers, common-carrier towers, cellular telephone
towers, alternative tower structures, and the
like, either constructed from the ground or
located on top of a building. The term shall
exclude any tower or antenna that is under
seventy (70) feet in height and is owned and
operated by a federally-licensed amateur radio
station operator or is used exclusively for
receive only antennas . The height of the tower is
defined as the distance measured from the lowest
point of the base of the tower structure to the
highest point on the tower, including the base
pad when constructed from the ground and any
antennas . The term excludes supervisory control
and data acquisition (SCADA) antennas installed
and operated by units of government .
(94 ) Townhouse - a dwelling unit having accommodations
for one family which is connected to two (2) or
more other units by a common wall .
(95) Transitional housing - a shelter which provides
only lodging, or lodging and meals, for no longer
than thirty (30) days at any one time for
residents, with the goal of assisting the
individuals to be able to live independently.
18
(96) Vehicle fueling station - any premises used for
the sale at retail of vehicle fuels or oils, but
not including vehicle servicing, lubricating or
repairs .
(97) Vehicle service station - any premises used for
the equipping, lubricating, servicing or
repairing of motor vehicles, including the
installation of parts and accessories; the
rebuilding, replacing and the installing of
motors, transmissions, drive trains, exhaust
systems, upholstery, brakes, radiators, but not
including the dismantling or extended storage of
wrecked vehicles, nor tire recapping, nor auto
painting or body work, nor the open storage of
rental vehicles or trailers .
(98) Yard - an open space on the same lot with a
building, unoccupied and unobstructed by any
portion of a structure from the ground upward,
except as otherwise provided herein. In measuring
a yard for the purpose of determining the width
of a side yard, the depth of a front yard or the
depth of a rear yard, the minimum horizontal
distance between the lot line and the main
building shall be used.
(99) Yard, front - a yard extending across the front
of a lot between the side lot lines, and being
the minimum horizontal distance between the
street line and the main building or any
projections thereof other than the projection of
the usual steps, unenclosed balconies, or open
porches .
(100) Yard, rear, - a yard extending across the
rear of a lot, measured between the side lot
lines, and being the minimum horizontal distance
between the rear lot line and the rear of the
main building or any projections other than
steps, unenclosed balconies or open porches . On
corner lots the front line of the rear yard shall
be considered as parallel to the street upon
which the lot has its least dimension. On both
corner lots and interior lots, the rear yard
shall in all cases be at the opposite end of the
lot from the front yard.
(101) Yard, side, - a yard between the main
building and the side line of the lot, and
extending from the front yard line to the rear
yard line .
19
Rear Lot Line
hear Yarxl
BuildUng Li:)t
u
3
Str.�e
Lim
Strcct
Front LDt Line
ARTICLE 2 . Administration, Enforcement and
Review
Section 30-201 . Administration; Director of
Development Services
Unless otherwise specifically stated by the City
Manager, the Director of Development Services shall be
considered the administrator of this Zoning Ordinance,
and all regulations contained herein.
Section 30-202 . Planning and Zoning Commission.
(a) For the purpose of this Section the following
terms mean or include :
Commission means the Planning and Zoning
Commission.
Council means the chief legislative body of the
City of Cape Girardeau.
Street means any public way.
20
Subdivision means the division of a parcel of
land into two (2) or more lots, or other
divisions of land; it includes resubdivision and,
when appropriate to the context, relates to the
process of subdividing or to the land or
territory subdivided.
(b) Creation of commission.
There is hereby created a Planning and Zoning
Commission which shall hereby be referenced to as
"the Commission" .
(c) Composition, appointments, terms and
qualification of commission.
The Commission shall consist of nine ( 9) citizen
members appointed and approved by the City
Council . Except as otherwise provided in Section
2-98, members of the Planning and Zoning
Commission shall serve for terms of four (4)
years, beginning on the second day of November.
All members' terms shall be staggered so that two
(2) members' terms expire each year, but every
fourth year three (3) members' terms shall
expire.
(d) Removal .
The Council may remove any citizen member for
cause stated in writing and after public hearing.
(e) Functions of commission.
The Commission shall have and perform all of the
functions of the zoning commission provided for
in RSMo 89 . 010 to 89. 250 .
(f) Procedure: officers, rules, records, employees;
expenditures .
The Commission shall elect officers annually
during the month of January, and from time to
time provide such rules and regulations, not
inconsistent with the ordinances of the City or
the laws of the state, for its own organization
and procedure as it may deem proper, provided,
21
however, its chairman shall be elected from the
appointed citizen members . The Commission shall
hold regular meetings and special meetings as
they provide by rule, and shall keep a record of
its proceedings . These records shall be public
records . The Commission shall appoint the
employees and staff necessary for its work and
may contract with City planners and other
professional persons for the services that it
requires . The expenditures of the Commission
shall be within the amounts appropriated for the
purpose of the City Council .
(g) Powers and duties .
The Commission may make reports and
recommendations relating to the plan and
development of the City to public officials and
agencies, public utility companies, civic,
educational, professional and other organizations
and citizens . It may recommend to the executive
or legislative officials of the municipality
programs for public improvements and the
financing thereof. All public officials shall,
upon request, furnish to the Commission within a
reasonable time, all available information it
requires for its work. The Commission, its
members and employees, in the performance of its
functions, may enter upon any land to make
examinations and surveys . In general, the
Commission shall have the power necessary to
enable it to perform its functions and promote
municipal planning.
(h) City plans, contents, zoning plan.
The Commission shall make and adopt a city plan
for the physical development of the City. The
city plan, with the accompanying maps, plats,
charts and descriptive and explanatory matter,
shall show the Commission' s recommendation for
the physical development and uses of land, and
may include, among other things, the general
location, character and extent of streets and
other public ways, grounds, places and spaces;
the general location and extent of public
utilities and terminals, whether publicly or
22
privately owned, the acceptance, widening,
removal, extension, relocation, narrowing,
vacation, abandonment or change of use of any of
the foregoing; the general character, extent and
layout of the replanning of blighted districts
and slum areas . The Commission may also prepare
a zoning plan for the regulations of the height,
area, bulk, location and use of private,
nonprofit and public structures and premises, and
of population density, but the adoption,
enforcement and administration of the zoning plan
shall conform to the provisions of RSMo 89 . 010 to
89 . 250, as amended.
(i) Plan; how prepared; purposes .
In the preparation of the city plan, the
Commission shall make careful and comprehensive
surveys and studies of the existing conditions
and probable future growth of the City. The plan
shall be made with the general purpose of guiding
and accomplishing a coordinated development of
the City which will, in accordance with existing
and future needs, best promote the general
welfare, as well as efficiency and economy in the
process of development .
(j ) Adoption of plan; procedure.
The Commission may adopt the plan as a whole by a
single resolution, or, as the work of making the
whole city plan progresses, may from time to time
adopt a part or parts thereof, any part to
correspond generally with one or more of the
functional subdivisions of the subject matter of
the plan. Before the adoption, amendment or
extension of the plan or portion thereof the
Commission shall hold at least one (1) public
hearing thereon. Fifteen (15) days' notice of
the time and place of such hearing shall be
published in at least one (1) newspaper having
general circulation within the municipality. The
hearing may be adjourned from time to time . The
adoption of the plan requires a majority vote of
the full membership of the Planning and Zoning
Commission. The resolution shall refer expressly
to the maps, descriptive matter and other matters
23
intended by the Commission to form the whole or
part of the plan and the action taken shall be
recorded on the adopted plan or part thereof by
the identifying signature of the secretary of the
Commission and filed in the office of the
Commission, identified properly by file number,
and a copy of the plan or part thereof shall be
certified to the Council and the municipal clerk,
and a copy shall be . available in the office of
the county recorder of deeds and shall be
available at the municipal clerk' s office for
public inspection during normal office hours .
(k) Commission to approve improvements; commission
disapproval, how overruled.
Whenever the Commission adopts the plan of the
City or any part thereof, no street or other
public facilities, or no public utility, whether
publicly or privately owned, and, the location,
extent and character thereof having been included
in the recommendations and proposals of the plan
or portions thereof, shall be constructed or
authorized in the City until the location, extent
and character thereof has been submitted to and
approved by the Commission. In case of
disapproval the Commission shall communicate its
reasons to the Council, and the Council, . by vote
of not less than two-thirds of its entire
membership, may overrule the disapproval and,
upon the overruling, the Council or the
appropriate board or officer may proceed, except
that if the public facility or utility is one the
authorization or financing of which does not fall
within the province of the Council, then the
submission to the Commission shall be by the
board having jurisdiction, and the Commission' s
disapproval may be overruled by that board by a
vote of not less than two-thirds of its entire
membership. The acceptance, widening, removal,
extension, relocation, narrowing, vacation,
abandonment, change of use, acquisition of land
for, sale or lease of any street or other public
facility is subject to similar submission and
approval, and the failure to approve may be
similarly overruled. The failure of the
Commission to act within sixty (60) days after
24
the date of official submission to it shall be
deemed approval .
(1) Commission to make recommendations to council on
plats; when.
When the Commission adopts a city plan which
includes at least a major street plan or
progresses in its City planning to the making and
adoption of a major street plan, and files a
certified copy of the major street plan in the
office of the county recorder, no plat of a
subdivision of land lying within the City shall
be filed or recorded until it has been submitted
to and a report and recommendation thereon made
by the Commission to the City Council and the
Council has approved the plat as provided by law.
(m) Regulations governing subdivision of land,
contents, public hearings .
The Commission shall recommend and the Council
may by ordinance adopt regulations governing the
subdivision of land within its jurisdiction. The
regulations, in addition to the requirements
provided by law for the approval of plats, may
provide requirements for the coordinated
development of the City; for the coordination of
streets within subdivisions with other existing
or planned streets or with other features of the
city plan or official map of the City; for
adequate open spaces for traffic, recreation,
light and air; and for a distribution of
population and traffic.
The regulation may include requirements as to the
extent and the manner in which the streets of the
subdivision or any designated portions thereto
shall be graded and improved as well as including
requirements as to the extent and manner of the
installation of all utility facilities, and
compliance with all of these requirements is a
condition precedent to the approval of the plat .
The regulations or practice of the Council may
provide for the tentative approval of the plat
previous to the improvements and installation;
but any tentative approval shall not be entered
25
on the plat . The regulations may provide that,
in lieu of the completion of the work and
installations previous to the final approval of a
plat, the Council may accept a bond in an amount
and with surety and conditions satisfactory to
it, providing for and securing the actual
construction and installation of the improvements
and utilities within a period specified by the
Council and expressly in the bond; and the
Council may enforce the bond by all appropriate
legal and equitable remedies . The regulations
may provide, in lieu of the completion of the
work and installations previous to the final
approval of a plat, for an assessment or other
method whereby the Council is put in an assured
position to do the work and make the
installations at the cost of the owners of the
property within the subdivision. The regulations
may provide for the dedication, reservation or
acquisition of lands and open spaces necessary
for public uses indicated on the city plan and
for appropriate means of providing for the.
compensation, including reasonable charges
against the subdivision, if any, and over a
period of time and in a manner as is in the
public interest .
Before adoption of its subdivision regulations or
any amendment thereof, a duly advertised public
hearing thereon shall be held by the Council .
(n) Upon complying with the provisions of Section 30-
202 (n) .
0-
202 (n) .
Commission to approve plats; when. Within sixty
(60) days after the submission of a plat to the
Commission, the Commission shall approve or
disapprove the plat; otherwise the plat is deemed
approved by the Commission, except that the
Commission, with the consent of the applicant for
the approval, may extend the sixty-day period.
The ground of disapproval of any plat by the
Commission shall be made a matter of record.
Commission approval of plats; effects. The
approval of a plat by the Commission does not
constitute or effect an acceptance by the City or
26
public of the dedication to public use of any
street or other ground shown upon the plat .
Approval of plats required for recording. No
county recorder shall receive for filing or
recording any subdivision plat required to be
approved by City Council or Commission unless the
plat has endorsed upon it the approval of the
City Council under the hand of the clerk and the
seal of the City, or by the secretary of the
Commission.
Use of unapproved plat in sale of land; penalty,
vacation or injunction of transfer. No owner, or
agent of the owner, of any land located within
the platting jurisdiction of the City, knowingly
or with intent to defraud, may transfer, sell,
agree to sell, or negotiate to sell that land by
reference to or by other use of a plat of any
purported subdivision of the land before the plat
has been approved by the Council or Commission
and recorded in the office of the county
recorder. Any person violating the provisions of
this Section shall forfeit and pay to the City a
penalty not to exceed three hundred dollars
($300 . 00) for each lot transferred or sold or
agreed or negotiated to be sold; and the
description by metes and bounds in the instrument
of transfer or other document used in the process
of selling or transferring shall not exempt the
transaction from this penalty. The City may
enjoin or vacate the transfer or sale or
agreement by legal action, and may recover the
penalty in such action.
Public improvements; how approved after adoption
of major street plan. Upon adoption of a major
street plan and subdivision regulations, the City
shall not accept, lay out, open, improve, grade,
pave or light any street, lay or authorize the
laying of water mains, sewers, connections or
other utilities in any street within the City
unless the street has received the legal status
of a public street prior to the adoption of a
city plan; or unless the street corresponds in
its location and lines with a street shown on a
subdivision plat approved by the Council or
27
Commission or on a street plan made by and
adopted by the Commission. The Council may
locate and construct or may accept any other
street if the ordinance or other measure for the
location and construction or for the acceptance
is first submitted to the Commission for its
approval and approved by the Commission or, if
disapproved by the Commission, is passed by the
affirmative vote of not less than two-thirds of
the entire membership of the Council .
(o) No building permitted on streets not conforming
to major street plan.
After the adoption of a major street plan, no
building permit shall be issued for and no
building shall be erected on any lot within the
territorial jurisdiction of the Commission unless
the street giving access to the lot upon which
the building is proposed to be placed conforms to
the requirements of Section 30-202 (o) .
(p) Establishment of building lines; board of
adjustment.
Whenever a plan for major streets has been
adopted, the Council, upon recommendation of the
Commission, , is authorized . and empowered to
establish, regulate and limit and amend, by
ordinance, building or setback lines on major
streets, and to prohibit any new building being
located within building or setback lines . When a
plan for proposed major streets or other public
improvements has been adopted, the Council is
authorized to prohibit any new building being
located within the proposed site or right-of-way
when the centerline of the proposed street or the
limits of the proposed sites have been carefully
determined and are accurately delineated on maps
approved be the Commission and adopted by the
Council . The regulations of this Section shall
not be adopted, changed, or amended until a
public hearing has been held thereon as provided
in Section 30-202 (j ) .
28
Section 30-203 . Historic Preservation Commission.
(a) Composition.
The Cape Girardeau Historic Preservation
Commission shall consist of nine (9) members,
plus ex-officio members, all of whom shall be
appointed by the City Council . The Council shall
make every effort to appoint persons with a
demonstrated interest in the historical
preservation of the City. To the extent
available, the Historic Preservation Commission
shall include professional members representing
such disciplines as architecture,. law, real
estate, history or any other field related to
historic preservation.
(b) Town crier.
There is hereby established a permanent
commission for the position of Town Crier for the
City of Cape Girardeau, Missouri, to announce
events and to maintain the historical and
cultural heritage of the City. The Town Crier is
hereby made a non-voting ex-officio member of the
Historic Preservation Commission.
(c) Terms .
Except as otherwise provided in Section 2-98, the
terms of office of the appointed members of the
Historic Preservation Commission shall be for
three (3) years, beginning on the seventeenth day
of April . All members' terms shall be staggered
so that three (3) members' terms shall expire
each year. Vacancies shall be filled within
sixty (60) days . A member may be appointed to a
shorter term, however, if necessary to accomplish
the requirements of this paragraph.
(d) Officers, duties .
The Historic Preservation Commission shall meet
annually during the month of May to elect
officers . All officers of the Historic
Preservation Commission shall be eligible for
reelection. The chairman shall preside over
29
meetings . In the absence of the chairman, the
vice-chairman shall perform the duties of the
chairman. If both are absent, a temporary
chairman shall be elected by those present . The
officers shall assure that the following duties
of the Historic Preservation Commission are
performed:
(1) Preparation of minutes of each Historic
Preservation Commission meeting and hearing.
(2) Publication and distribution of copies of
the minutes, reports and decisions of the
Historic Preservation Commission to the
members of the Historic Preservation
Commission.
(3) Provision of notice as required herein or by
law for all public hearings conducted by the
Historic Preservation Commission.
(4 ) Notification to the ' city clerk of vacancies
on the Historic Preservation Commission and
expiring terms of members .
(5) Preparation and submission to the City
Council of a complete record and votes of
the proceedings before the Historic
Preservation Commission on any matter
requiring City Council consideration.
(e) Meetings .
Meetings shall be held at regularly scheduled
times to be established by resolution of the
Historic Preservation Commission, but not less
than monthly, at the beginning of each calendar
year, or at any time upon the call of the
chairman:
(1) No member of the Historic Preservation
Commission shall vote on any matter which
may materially or apparently affect the
property, income or business interest of
that member.
(2) The Historic Preservation Commission shall
keep minutes of .its proceedings, showing the
vote, indicating such fact, and shall be
filed in the office of the Historic
Preservation Commission and shall be a
public record.
30
(4) Powers and duties .
The Historic Preservation Commission shall have
the following powers and duties :
(a) To increase public awareness of the value of
historic, architectural and cultural
preservation by developing and participating
in public information programs and by
recommending the update of the preservation
program.
(b) To initiate and recommend property and/or
properties for proposed designations as
landmark and/or historic districts and to
review and comment on proposed designations .
(c) To review applications for construction,
alteration, or reconstruction for landmarks,
or structures within a historic district .
(d) To review proposed changes in buildings,
structures, street furniture, city parks,
civic areas, public facilities or
environmental features of a landmark or
within a historic district .
(e) To review applications for demolition
permits, proposed zoning amendments or
applications for zoning variances, for a
landmark or within a historic district .
(f) May review applications for special use
permits, proposed zoning amendments, or
applications for zoning variances, for a
landmark or within a historic district, and
to make recommendations concerning such
requests to the Planning and Zoning
Commission or Board of Adjustment as
indicated by the nature of the request .
(g) To initiate from time to time a
comprehensive review of the provisions of
this article or any part thereof.
(h) To disseminate to owners or occupants of
landmarks or within historic districts, or
to the general public information concerning
the preservation of landmarks or historic
districts .
(i) The Historic Preservation Commission may
support the nomination to the national
register of historic places, local
31
landmarks, and districts which the
Commission members believe meet the
standards herein set forth and have
contributed to the history, architecture and
culture of the City.
(j ) To initiate, develop and supervise surveys,
to identify historically and architecturally
significant properties, structures, and
areas that exemplify the cultural, social,
economic, political, or architectural
history of the nation, state or City.
(k) The Historic Preservation Commission may
recommend the City apply for, receive, or
expend any federal, state or private grant,
grant-in-aid, or bequest, in furtherance of
the general purpose of this article .
(1) To recommend grants, tax incentives, and
benefits to encourage redevelopment of
historically significant structures .
(5) Surveys and research.
The Historic Preservation Commission shall
establish and maintain a survey and inventory of
historic properties in accordance with standards
and guidelines established by the Secretary of
the Interior' s "Standards and Guidelines for
Historic Preservation" . The survey will be
compatible with Missouri' s statewide historical
preservation comprehensive planning process . In
establishing the foregoing information, the
Historic Preservation Commission shall place
particular emphasis upon evaluating and
incorporating the findings of studies and surveys
already completed.
( 6) Review of public improvement projects .
Public improvements by the City or any of its
departments or agencies may be reviewed by the
Historic Preservation Commission in the following
manner:
(a) The Historic Preservation Commission may
review and comment upon any capital
improvement project proposed by the City or
any of its agencies or departments within
32
any historic district, on the site of or
within one hundred eighty-five (185) feet of
any landmark, or within one hundred eighty-
five (185) feet of any historic district .
The Historic Preservation Commission shall
have thirty (30) days to complete its review
and report to the Director of Development
Services . The Division of Planning
Services, if necessary to accelerate the
design review process, may specify a time
less than thirty (30) days within which the
Historic Preservation Commission shall
complete its review and report . The report
by the Historic Preservation Commission
shall include any recommendations for
changes to the preliminary design that will
lessen or alleviate any adverse effect of
the proposed project upon the historic or
architectural character of the landmark or
historic district . The Commission' s report
along with responses shall be presented with
the public improvement plans to the Council
for approval .
(b) The Historic Preservation Commission may
review and make recommendations upon any
acquisition by the City or any of its
agencies or departments of any designated
landmark or of any building within a
historic district . The City Council or the
Division of Planning Services may, at the
earliest possible date that will not
interfere with acquisition negotiations,
send the Historic Preservation Commission
information concerning the location, size,
current use, and proposed use of the land or
building to be acquired, and specify the
date by which the Historic Preservation
Commission shall report to the City Council .
Section 30-204 . Board of Adjustment; Created;
Composition, Term, Removal of
Members; Rules, Quorums, Officers,
Meetings, Records; Appeals;
Powers .
(a) A Board of Adjustment is hereby created. The
Board shall consist of five (5) members, who
33
shall be freeholders, appointed by the Mayor and
approved by the City Council . Except as
otherwise provided in 2-98 , members of the Board
of Adjustment shall serve terms of five (5)
years, beginning on the seventh day of March.
All members' terms shall be staggered so that one
(1) member' s term shall expire each year. Three
(3) alternate members may be appointed to serve
in the absence of, or the disqualification of,
the regular members . Except as otherwise
provided in 2-98, these alternate members shall
be appointed for a term of five (5) years each,
beginning on the fifth day of September. All
alternate members' terms shall begin and end on
the same date. Any regular or alternate members
shall be removable for cause by the Mayor and
City Council upon written charges and after
public hearing.
(b) The Board of Adjustment shall adopt rules for the
conduct of business, and keep a public record of
all findings and decisions . The Board of
Adjustment shall meet annually in the month of
April to elect officers . Meetings of the Board
shall also be held at the call of the chairman
and at such other times as the Board may
determine . Each session of the Board of
Adjustment, at which an appeal is to be heard,
shall be a public meeting with public notice of
such meeting and business to be carried on
published in a newspaper of general circulation
in the City, at least one (1) time seven (7) days
prior to the meeting. The concurring vote of
four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or
determination of the building official or to
decide in favor of the applicant on any matter
upon which it is required to pass under these
regulations .
(c) Appeals to the Board of Adjustment may be taken
by any person aggrieved or by any officer,
department, board or bureau of the City affected
by any decision of the building official . Such
appeal shall be taken within a reasonable time,
as provided by the rules of the Board, by filing
with the building official and with the Board of
Adjustment a notice of appeal specifying the
grounds thereof. A fee of fifty dollars ($50 . 00)
34
shall accompany all notices of appeal . The
building official shall forthwith transmit to the
Board all papers constituting the record upon
which the action appealed from was taken.
(d) The Board of Adjustment shall have the following
powers :
(1) To hear and decide appeals where it is
alleged there is an error in any order,
requirement, decision or determination made
by the building official in the enforcement
of this Chapter and may affirm or reverse,
in whole or part, such decision of the
enforcement officer.
(2) To hear requests for variances from the
literal provisions of this Chapter in
instances where strict enforcement of this
Chapter would cause undue hardship due to
circumstances unique to the individual
property under consideration and grant such
variances only when it is demonstrated that
such action will be in keeping with the
spirit and intent of this Chapter. The
Board of Adjustment must determine that the
alleged hardship has not been created by any
person presently having an interest in the
property, and the particular circumstances
involved would result in an undue hardship
upon the owner as distinguished from a mere
inconvenience if the strict letter of the
regulations were carried out . The Board of
Adjustment may impose conditions in the
granting of the variances to insure
compliance and to protect adjacent property.
(3) To hold a public hearing on, and decide the
following exceptions to or variations of
this article :
a. To permit the extension of the district
where the boundary line thereof divides
a lot held in a single ownership at the
time of adoption of this article.
b. Interpret the provisions of this
article in such a way as to carry out
the intent and purpose of the plan, as
shown upon the zoning district map,
where the street layout on the ground
varies from the street layout as shown
on this map.
35
C. Vary the yard regulations where there
is an exceptional or unusual physical
condition of a lot, not generally
prevalent in the neighborhood, which
condition, when related to the yard
regulations of this article, would
prevent a reasonable or sensible
arrangement of buildings on a lot .
d. Vary the parking regulations by not
more than fifty (50) percent where it
is conclusively shown that the specific
use of a building would make
unnecessary the parking spaces
otherwise required by the City Code, or
where it can be conclusively shown that
adequate off-street parking to serve a
particular use has been provided by or
is controlled by the City.
e. Vary the requirement for off-street
parking space in the front yard of any
"R" district, or any other district
when the property is used for
residential purposes, to allow a
driveway providing access to a
residential space other than a garage,
carport or other parking area behind
the front yard, but only within
secondary front yards required on
corner lots, and for the purpose of
providing access for handicapped
residents .
In granting such a variance, the Board
of Adjustment may also stipulate that
the drive may be used for access only
and that no long term (four (4) hours
or more) parking of vehicles be
permitted.
(e) Decision of the Board in respect to the above
shall be subject to appeal to the circuit court
of the county within thirty (30) days after the
filing of the decision in the office of the
Board.
(f) In the event that any application is denied by
the Board, a reapplication for the purposes of
36
further review of the same application shall not
be accepted by the Board until six (6) months
following the date of final action on the
original application has elapsed, unless it can
be shown to the satisfaction of the building
official that substantial new evidence not
available during the review of the original
application will be presented.
(g) Any variance granted by the Board of Adjustment
shall be valid for a period no greater than one
hundred eight (180) days from the date upon which
the variance is granted, unless within such
period.
(1) A building permit is obtained and the
construction, or the alteration, of the
structure is commenced and pursued
diligently toward completion.
(2) A certificate of occupancy is obtained and a
use or occupancy commenced. The Board may
grant extensions not exceeding one hundred
eight (180) days, upon written application,
without notice or public hearing.
Section 30-205 . Enforcement.
(a) Violation; penalty
(1) Except as otherwise provided in this
Section, any person violating the provisions
of this Chapter is guilty of a misdemeanor
and upon conviction thereof shall be fined
not less than one hundred dollars ($100 . 00)
nor more than five hundred dollars ($500 . 00)
or by imprisonment in the city jail for not
more than three (3) months, or by both such
fine and imprisonment . Each day any
violation of this Chapter shall continue
shall constitute a separate offense .
(2) 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 agent, architect,
building contractor, or any other person who
37
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 ($10 . 00) and not more than
five hundred dollars ($500 . 00) for each and
every day that such violation continues; but
if the offense be willful, on conviction
thereof, the punishment shall be a fine of
not less than one hundred dollars ($100 . 00)
nor more than five hundred dollars ($500 . 00)
for each and every day that such violation
shall continue or by imprisonment for ten
(10) days for each and every day such
violation shall continue or by both such
fine and imprisonment, at the discretion of
the court . Any such person, having been
served with an order to remove any such
violation, failing to comply with such order
within ten (10) days after such notice or
continuing to violate any provision of the
regulations made under authority of this
Chapter in the respect named in such order,
shall be subject to a civil penalty of two
hundred fifty dollars ($250 . 00) . Each day
such violation shall continue as provided by
this Chapter shall constitute a separate
offense.
(3) In addition to the above procedure, the city
attorney is also authorized to institute any
appropriate action or proceeding to prevent
violations of the zoning code, to restrain,
correct, or abate such violations, to
prevent the occupancy of buildings,
structures, or lands, or to prevent any
illegal act, conduct, business, or use in or
about such premises . An appropriate action
or proceeding shall include, but shall not
be limited to, injunctive relief and any
other appropriate action at law or in
equity.
38
(b) Enforcement; application and permits
It shall be the duty of the person designated as
Building Official to administer and enforce the
regulations contained herein.
(1) It shall be unlawful to commence or to
proceed with erection, construction,
reconstruction, conversion, alteration,
enlargement, extension, raising, or moving
of any building or structure, or any portion
thereof, without first having applied in
writing to the Building Official for a
building permit to do so and a building
permit has been granted therefor.
(2) Every application for a building permit
shall be in writing and delivered to the
Building Official and shall be accompanied
by a detailed set of plans for structures in
the (C) and (M) districts in duplicate,
showing the size of the proposed building or
structure, its location on the lot, the
basic materials of which it is to be
constructed, and the details and type of
construction to be used. On the issuance of
a permit, one (1) set of such plans shall be
retained by the Building Official as a
permanent record and one (1) set shall be
returned to the applicant . In cases of any
building or structure to be located in an
"R" district, the Building Official may at
his own discretion permit the substitution
of a written statement covering the
essential information required in place of
such plans .
(3) Blank forms shall be provided by the
Building Official for the use of those
applying for permits as provided in this
Chapter. Any permits issued by the Building
Official shall be on standard forms for such
purpose and furnished by the City.
(4 ) A careful record of all such applications,
plans, and permits shall be kept in the
office of the Building Official .
(5) Any building permit, under which no
construction work has been commenced within
six (6) months after the date of issue of
39
such permit or under which the proposed
construction has not been completed within
two (2) years of the date of issue, shall
expire by limitation.
(6) Subsequent to the effective date of the
Ordinance from which this Article derives,
no change in the use of occupancy of land,
nor any change of use or occupancy in an
existing building other than for single-
family dwelling purposes, shall be made, nor
shall any new building be occupied until a
certificate of occupancy has been issued by
the Building Official . Every certificate of
occupancy shall state that the new occupancy
complies with all applicable provisions of
the Zoning Ordinance, Subdivision
Regulations, Development Code, and Building
Codes of the City. No permit for excavation
for, or the erection or alteration of, any
building shall be issued before the
application has been made and approved for a
certificate of occupancy and compliance, and
no building or premises shall be occupied
until such certificate and permit is issued.
A record of all certificates of occupancy
shall be kept on file in the office of the
Building Official and copies shall be
furnished on request to any person having a
proprietary or tenancy interest in land or a
building affected by such certificate of
occupancy.
Section 30-206 . Amendments .
(a) . The City Council may by ordinance on its own
motion or on application amend, supplement,
change, modify or repeal the boundaries or zoning
designation of districts herein established,
under the procedures herein provided.
(b) Applications for, district changes shall be filed
in writing with the city clerk, who shall place
the application before the City Council after
determining that it is in proper form as provided
herein. All applications, except those proposed
by the City Council or the Planning and Zoning
Commission, shall be accompanied by the actual
cost of publication to be returned to the
40
applicant only if such publication is not made.
A copy of the application shall remain on file
with the city clerk for public inspection until
final action thereon.
(c) The City Council may provide forms for
applications and may require applicants to
provide plats and other documents or other
information it may determine to be of value in
acting upon the application. The City Council may
request the opinions and recommendations of city
boards and officers upon applications .
(d) Upon receipt of an application in proper form,
the City Council shall refer it to the Planning
and Zoning Commission. The City Council may by
resolution delegate the duty of such receipt and
referral to the City Manager. The Planning and
Zoning Commission shall return the application to
the City Council with its recommendations
relating thereto and showing the number of votes
for and against its action, and may include a
summary of the reasons expressed for and in
opposition thereto. The City Council may set a
date by which the recommendation shall be
returned, no less than twenty (20) days from the
date of such setting, and the City Council may
proceed without receipt of such recommendation in
the absence of receipt by such date .
(e) The City Council may reject an application
without referring it to the Planning and Zoning
Commission and without publishing a notice of
hearing if the application is made within two (2)
years of the City Council' s rejection of a
previous application seeking an amendment for the
same or a larger or smaller included tract .
(f) If the Planning and Zoning Commission recommends
approval of an application in whole or in part,
the City Manager shall, without delay, set a
public hearing as provided in Section 206 (h) at
the earliest possible regular council meeting.
The City Council may reschedule any hearing set
by the City Manager. If the Planning and Zoning
Commission recommends rejection of an application
in full, the City Council may set a public
hearing as provided in Section 206 (h) upon its
own motion, or the City Council may by motion
file such recommendation of rejection, and the
application shall thereupon be deemed rejected
41
unless, within ten (10) days from such filing,
the applicant files a written request with the
city clerk for a public hearing under Section
206 (h) , or makes an oral request therefore at a
regular or special meeting of the City Council,
whereupon the City Council shall set such a
public hearing. If the City Council fails to
approve an application in whole or in part within
thirty-five (35) days after the public hearing,
such application shall be deemed to have been
rejected in full, unless the City Council shall
have expressly extended such time period prior to
the expiration thereof.
(g) The City Council may by ordinance, on its own
motion or on application, amend, supplement,
change, modify or repeal the regulations or
restrictions of districts herein established,
following referral thereof to the Planning and
Zoning Commission as provided in Section 206 (h) .
(h) No amendment, supplement, or change of the
regulations or restrictions or boundaries of
districts shall become effective until after the
City Council has held a public hearing in
relation thereto, at which parties in interest
and citizens shall have an opportunity to be
heard. At least fifteen (15) days' notice of the
time and place of such hearing shall be published
in a newspaper of general circulation in the
City. The City Council may provide for the
posting of notices of the hearing on the tract
and for other means of notifying the public or
interested persons of the proceedings .
(i) In the case of a protest against any amendment,
supplement, change, modification, or repeal of a
regulation, restriction, or boundary of a
district, duly signed and acknowledged by the
owners of thirty (30) percent or more, either of
the areas of the land, exclusive of streets and
alleys, included in such proposed change or
within an area determined by lines drawn parallel
to and one hundred eighty-five (185) feet distant
from the boundaries of the district proposed to
be changed, such amendment shall not become
effective except by the favorable vote of two-
thirds (2/3) of all the members of the City
Council .
42
(j ) In its action upon an application for change in
district boundaries, the City Council may grant a
special use permit, if allowed in the appropriate
district, rather than the requested change in
district boundaries .
ARTICLE 3 . District Regulations .
Section 30-300 . General .
(a) District and boundaries thereof.
In order to classify, regulate, and restrict the
location of trades, residences, and the locations
of buildings designed for specified uses, to
regulate and limit the height and bulk of
buildings hereafter erected or structurally
altered, to regulate and limit the intensity of
the uses of the lot areas, and to regulate and
determine the areas of yards, and other open
spaces within and surrounding such buildings, the
City is hereby divided into districts of which
there shall be twenty-one (21) in number, known
as :
AG - Agricultural District
AG1 - Exclusive Agricultural District
RE - Rural Estate Single Family District
R1 - Single Family Suburban Residential District
R2 - Single Family Urban Residential District
R3 - High Density Single-Family Residential
District
R4 - Medium Density Multi-Family Residential
District
R5 - High Density Multi-Family Residential
District
RUMD - Residential Urban Mixed Density District
RMH - Manufactured Home District
NC - Neighborhood Commercial District
CBD - Central Business District
Cl - General Commercial District
C2 - Highway Commercial District
PD - Planned Development District
Al - Airport District
M1 - Light Manufacturing/Industrial District
M2 - Heavy Manufacturing/Industrial District
NCON - Neighborhood Conservation Overlay District
H - Local Historic Overlay District
CX - Adult Entertainment Overlay District
43
IO - Increased Occupancy Overlay District
(1) Unless otherwise indicated by the City
Ordinances, the boundaries of the
districts shall follow property lines,
and shall not include streets and
alleys . Those districts and their
boundaries are shown upon the City' s
zoning district map as that map may,
from time to time, be amended. The
district map and all the notations,
references and other information shown
thereon are a part of this Chapter and
have the same force and effect as if
the district map and all the notations,
references and other information shown
thereon were all fully set forth or
described herein, the original of which
district map is properly attested and
is on file with the city clerk.
(2) Whenever any street, alley or other
public way is vacated by official
action of the City Council, the zoning
district into which such street, alley,
or other public way is incorporated
shall automatically include such
vacated property, and all areas
included in the vacation shall then and
hence forth be subject to all
appropriate regulations of the extended
districts .
(3) Concurrently with the annexation of any
land, the City shall hold a public
hearing to zone the land with an
appropriate designation and in
conformance with the reasonable use of
the property. Noticing and hearing
procedures shall be in conformance with
Section 30-206 (h) .
(4 ) Where uncertainty exists with respect
to the boundaries of the various
districts as shown on the map
accompanying and made a part of this
Chapter, the district boundary lines on
the map accompanying and made a part of
this Chapter shall be determined by use
of the scale appearing on the map.
44
(b) Scope of restrictiveness .
Except as hereinafter provided, no building shall
be erected, converted, enlarged, reconstructed or
structurally altered, nor shall any building or
land be used except for a purpose permitted in
the district in which the building or land is
located.
(1) No building shall be erected, converted,
enlarged, reconstructed or structurally
altered to exceed the height limit herein
established for the district in which the
building is located.
(2) No building shall be erected, converted,
enlarged, reconstructed or structurally
altered except in conformity with the area
regulations of the district in which the
building is located.
(3) The yard regulations required by this
article are minimum regulations for each and
every building existing at the effective
date of this Chapter and for any building
hereafter erected or structurally altered.
Unless otherwise allowed by this Chapter, no
land required for yards or other open spaces
around an existing building or any building
hereafter erected or structurally altered
shall be considered a yard or lot area for
more than one (1) building. No land shall
be included in the determination of the
minimum area of a lot which has been taken
from an adjoining lot in such a manner that
such adjoining lot thereby fails to meet the
minimum lot area requirements for the
district in which it lies .
(4) No building shall be erected or structurally
altered to the extent specifically provided
hereinafter except in conformity with the
off-street parking and loading regulations
of this Chapter.
45
Section 30-310 . AG, Agricultural District.
(a) Purpose.
The purpose of the AG (Agricultural) district is
to preserve, in agricultural uses, lands suited
to future urban development pending proper timing
and economical provision of public utilities and
community facilities to ensure compact and
orderly land use development . This district is
intended for land of ten (10) acres or more . The
subdivision of land for the purpose of converting
agricultural or other undeveloped land to
residential use, is not permitted in the AG
District .
(b) Permitted uses .
(1) Farming, pastureland and agriculture, except
commercial feedlots, stockyards and
confinement operations .
(2) Orchards .
(3) Keeping or raising of 'large or small animals
or poultry, including structures for storage
and processing, and including accessory
structures where animals are kept, shall be
two hundred (200) feet from the property
line . Commercial slaughtering business is
not allowed.
(4) Single family detached dwellings, not to
exceed four (4 ) dwellings per farm.
(5) Police and Fire Stations .
( 6) Bed and Breakfasts .
(7) Golf courses and driving ranges; this shall
not include separate miniature golf courses
and other similar activities operated as a
business .
(8) Nurseries and greenhouses; for growing,
propagation or sale of plants, turf, trees
and shrubs .
(9) Veterinarian facilities, provided that all
buildings, structures, pens or open kennels
shall be located at least two hundred (200)
feet from any lot line.
(10) Riding stables, provided that any building
for keeping of animals shall be located at
46
least two hundred (200) feet from any lot
line . .
(11) Wineries .
(12) Public parks, playgrounds and recreational
facilities .
(13) Dog kennels, commercial or noncommercial;
provided any commercial open pens, runs,
cages, or kennels shall be located at least
two hundred (200) feet from any lot line .
(c) Permitted uses (accessory) .
(1) Private garages, carports and accessory
buildings .
(2) Agricultural accessory structures, provided
that any building for the keeping of animals
shall be located at least two hundred (200)
feet from any lot line .
(3) Agricultural product storage.
(4 ) Roadside stands for sale of agricultural
products .
(5) Home occupations, as permitted in Section
30-405, Supplemental Regulations, but not
including typical farming operations .
(6) Home daycares, with five (5) or more
unrelated children in a twenty-four (24 )
hour period, as permitted in Section 30-408,
Supplemental Regulations .
(7) Solar energy systems, as permitted in
Section 30-410 Supplemental Regulations .
(d) Special uses .
(1) Commercial daycare facilities .
(2) Manufactured home, for the purpose of
agricultural related residence .
(3) Wind energy conversion systems, as permitted
by Section 30-410, Supplemental Regulations .
(4 ) Cemeteries on a minimum of ten (10) acres of
land.
(5) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would
allow other buildings of the same nature as
a use-by-right .
47
(e) Height, area, bulk and setback regulations .
(1) Maximum Height: forty (40) feet .
(2) Minimum District Size: ten (10) acres .
(3) Maximum Density: one (1) unit per five (5)
acres .
(4 ) Minimum Lot Width: two hundred (200) feet
at building setback line.
(5) Minimum Lot Area : five (5) acres for each
single family detached dwelling; no
subdivision is required for such lots .
(6) Minimum Yard Requirements:
a. Front yard: sixty (60) feet .
b. Rear yard: fifty (50) feet .
C. Side yard: fifty ('50) feet .
(f) Prohibited uses .
(1) Single Family Subdivision
Section 30-311 . AG-1, Exclusive Agricultural
District.
(a) Purpose.
The purpose of the AG-1 District is to provide
for agricultural activities, and to provide for
untimely scattering of more dense urban uses,
which should be confined to areas planned for
efficient extension of public services . The
District is established to preserve, in
agricultural uses, lands suited for future urban
development pending proper timing and economical
provision of public utilities and community
facilities to ensure compact and orderly land use
development . The subdivision of land for the
purpose of converting agricultural or other
undeveloped land to residential use, where the
opening of new streets or roadways is
contemplated to accomplish this purpose, is not
permitted in an AG-1 District . The subdivision
of land for a purpose that relates to a use
provided for in the AG-1 District may be allowed.
Change of zoning from AG-1 to any other zoning
district shall be accompanied by a site plan for
48
development and be subject to provisions of the
Code of Ordinances of the City of Cape Girardeau.
(b) Permitted uses .
(1) Farming, pastureland and agriculture, except
Animal Feeding Operations (AFO) and
Concentrated Animal Feeding Operations,
(CAFO) , feedlots, stockyards and confinement
operations .
(2) Orchards .
(3) Keeping or raising of large or small animals
or poultry, including structures for storage
and processing, and including accessory
structures where animals are kept . High
volume wholesale commercial slaughtering
business is not allowed.
(4 ) Single family detached dwellings, not to
exceed four (4 ) dwellings per farm, which
includes manufactured homes .
(5) Police and Fire Stations .
(6) Bed and Breakfasts .
(7) Golf courses and driving ranges; this shall
not include separate miniature golf courses
and other similar activities operated as a
business .
(8) Nurseries and greenhouses; for growing,
propagation or sale of plants, turf, trees
and shrubs .
(9) Veterinarian facilities .
(10) Riding stables .
(11) Wineries .
(12) Public parks, playgrounds and recreational
facilities .
(13) Dog kennels, commercial or noncommercial;
provided any commercial open pens, runs,
cages, or kennels shall be located at least
two hundred (200) feet from any lot line.
(c) Permitted uses (accessory) .
(1) Private garages, carports and accessory
buildings .
(2) Agricultural accessory structures, provided
that any building for the keeping of animals
shall be located at least two hundred (200)
feet from any lot line.
49
(3) Agricultural product storage.
(4) Roadside stands for sale of agricultural
products .
(5) Home occupations, so long as they do not
create nuisance, hazardous or dangerous
conditions on the property, to adjoining
landowners, or impact public health and
welfare.
(6) Home daycares, with five (5) or more
unrelated children in a twenty-four (24)
hour period, as permitted in Section 30-408,
Supplemental Regulations .
(7) Solar energy systems, as permitted in
Section 30-410, Supplemental Regulations .
(8) Timber Harvest .
(9) Hunting pursuant to Missouri Department of
Conservation guidelines .
(d) Special uses .
(1) Commercial daycare facilities .
(2) Wind energy conversion systems, as permitted
by Section 30-410, Supplemental Regulations .
(3) Cemeteries on a minimum of ten (10) acres of
land.
(4 ) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would
allow other buildings of the same nature as
a use-by-right .
(e) Height, area, bulk and setback regulations .
(1) Maximum Height: forty (40) feet .
(2) Minimum District Size: twenty-five (25)
acres .
(3) Maximum Density: one (1) unit per five (5)
acres .
(4 ) Minimum Lot Width: two hundred (200) feet
at building setback line.
(5) Minimum Lot Area : ten (10) acres for each
single family detached dwelling; no
subdivision is required for such lots .
(6) Minimum Yard Requirements: None
50
(f) Prohibited uses .
(1) Single Family Subdivision.
Section 30-320 . Residential Districts .
Cape Girardeau' s residential (R) zoning districts are
primarily to create, maintain, and promote a variety
of housing opportunities for city residents and to
maintain the desired physical character of existing
and developed neighborhoods . The R district standards
provide development flexibility, while at the same
time helping to ensure that new developments achieve
continuity with existing structures and compatibility
with existing neighborhoods . In addition, the
regulations offer certainty for property owners,
developers and neighbors about the limits of allowed
uses in each district .
Section 30-321 . RE, Rural Estate Residential
District.
(a) Purpose.
This district is intended to promote and preserve
\\estate" single-family residential development, which
is defined as being larger lot sizes with a minimum
one and one-half (11�) acres per lot .
(b) Permitted uses .
(1) Single family detached dwelling with only
one (1) dwelling per lot .
(2) Hobby farms; with cattle and horse (s) or
other farm related animals, allowed on a
five (5) acre lot, with one allowed animal
per every acre of grazing.
(3) Cluster subdivisions, as permitted in
Chapter 25 of the City Code .
(4 ) Public parks, playgrounds, and recreational
facilities .
(5) Police and Fire stations .
(6) Elementary and middle schools, or
development centers for elementary and
middle school age children with handicaps or
51
development disabilities, on a minimum of
five (5) acres .
(7) Noncommercial, not-for-profit residential
neighborhood facilities. consisting of indoor
and outdoor recreational facilities, offices
operated by a neighborhood or community
organization or a property owners
association.
(8) Golf courses; this shall not include
separate miniature golf courses, driving
ranges and other similar activities operated
as a business .
(c) Permitted uses (accessory) .
(1) Home daycares, with no more than four (4)
unrelated children in a twenty-four (24)
hour period, as permitted in Section 30-408,
Supplemental Regulations .
(2) Private garages, carports and accessory
buildings, as permitted in Section 30-403,
Supplemental Regulations .
(3) Guest house, as permitted in Section 30-412,
Supplemental Regulations .
(4 ) In home elderly care, with a maximum of
three (3) persons, as permitted in Section
30-411, Supplemental Regulations .
(5) Home occupations, as permitted in Section
30-405, Supplemental Regulations .
(6) Solar energy systems, as permitted in
Section 40-410, Supplemental Regulations .
(d) Special uses .
(1) Home Daycares, with five (5) or more
unrelated children in a twenty-four (24)
hour period, as permitted in Section 30-408,
Supplemental Regulations .
(2) Cemeteries, on a minimum of ten (10) acres
of land.
(3) Wind energy conversion systems, as permitted
in Section 30-410, Supplemental Regulations .
(4 ) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would
allow other buildings of the same nature as
.a use-by-right .
52
(e) Parking Requirements .
Off-street parking spaces shall be provided in
accordance with the requirements for specific
uses set forth in Section 30-501 . No parking,
stopping, or standing of trucks or commercial
motor vehicles licensed for a gross weight in
excess of twenty-four thousand (24, 000) pounds,
except as provided in Sections 26-137 and 26-256
of the Code of Ordinances .
(f) Height, area, bulk, and setback regulations .
(1) Maximum Height : two and one-half (21�)
stories not to exceed thirty-five (35) feet .
(2) Minimum Lot Area : one and one-half (11i�)
acre lots .
(3) Maximum Density: one (1) unit per one and
one-half (1=-�) acres . Higher densities may
be approved with a cluster subdivision, as
permitted in Chapter 25 of the City Code.
(4 ) Minimum Lot Width: two hundred (200) feet .
(5) Minimum Yard Requirements:
a . Front yard: fifty (50) feet .
b. Rear yard: fifty (50) feet .
C. Side yard: twenty-five (25) feet .
Section 30-322 . R-1, Single Family Suburban
Residential District.
(a) Purpose.
The R-1 district is intended primarily for single
family detached dwellings with a maximum density
of four (4 ) units per acre . It is designed to
provide for quality single family residential
neighborhoods in a conventional subdivision
setting, while encouraging a mix of housing
styles, designs and development . Certain other
structures and uses necessary to serve the area
are allowed as permitted uses or through the
approval of a special use permit, subject to
restrictions intended to preserve and protect the
single family residential character of the
district .
53
(b) Permitted uses .
(1) Single family detached dwelling, with only
one (1) dwelling per lot .
(2) Cluster subdivisions, as permitted in
Chapter 25 of the City Code .
(3) Golf courses; this shall not include
separate miniature golf courses, driving
ranges and other similar activities operated
as a business .
(4) Public parks, playgrounds, and recreational
facilities .
(5) Police and Fire stations .
(6) Elementary and middle schools, or
development centers for elementary and
middle school age children with handicaps or
development disabilities, on a minimum of
five (5) acres of land.
(7) Noncommercial, not-for-profit residential
neighborhood facilities consisting of indoor
and outdoor recreational facilities, offices
of property owners associations and
maintenance facilities operated by a
neighborhood or community organization or a
property owners association.
(8) Home for eight (8) or fewer unrelated
mentally or physically handicapped persons,
including no more than two (2) additional
persons acting as house parents or guardians
who need not be related to each other or to
any of the handicapped persons residing in
the home, provided that :
a. The exterior appearance of the home and
property shall reasonably conform to
the exterior appearance of other
dwellings and property in the
neighborhood; and
b. Such home shall not be located closer
than three hundred seventy (370) feet
to any other such home.
(9) A private residence licensed by the Missouri
Division of Family Services or Missouri
Department of Mental Health to provide
foster care to one (1) or more, but less
than seven (7) , children who are unrelated
to either foster parent by blood, marriage
or adoption, provided that all applicable
54
building and safety codes are met and an
occupancy permit issued therefor.
(c) Permitted uses (accessory) .
(1) Private garages, carports and accessory
buildings as permitted in Section 30-403,
Supplemental Regulations .
(2) In home elderly care, with a maximum of
three (3) persons as permitted in Section
30-411, Supplemental Regulations .
(3) Home occupations, as permitted in Section
30-405, Supplemental Regulations .
(4 ) Home daycares, with no more than four (4)
unrelated children in a twenty-four (24)
hour period as permitted in Section 30-408,
Supplemental Regulations .
(5) Solar energy systems, as permitted in
Section 30-410, Supplemental Regulations .
(d) Special uses .
(1) Home daycares, with five (5) or more
unrelated children in a twenty-four (24 )
hour period, as permitted in Section 30-408,
Supplemental Regulations .
(2) Libraries, on a minimum of two (2) acres of
land.
(3) Cemeteries, on a minimum of ten (10) acres
of land.
(4 ) Wind energy conversion systems, as permitted
in Section 30-410, Supplemental Regulations .
(5) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would
allow other buildings of the same nature as
a use-by-right .
(e) Height, area, bulk and setback regulations .
(1) Maximum Height: two and one-half (21-�)
stories not to exceed thirty-five (35) feet .
(2) Minimum Lot Area : ten thousand (10, 000)
square feet .
(3) Maximum Density: four (4 ) units per one (1)
acre . Higher densities may be approved with
55
a cluster subdivision, as permitted in
Chapter 25 of the City Code.
(4) Minimum Lot Width: eighty (80) feet.
(5) Minimum Yard Requirements:
a. Front yard: thirty (30) feet .
b. Rear yard: twenty-five (25) feet .
C. Side yard: six ( 6) feet .
(f) Parking requirements .
Off-street parking spaces shall be provided in
accordance with the requirements for specific
uses set forth in Section 30-501 . No parking,
stopping, or standing of trucks or commercial
motor vehicles licensed for a gross weight in
excess of twenty-four thousand (24, 000) pounds,
except as provided in Sections 26-137 and 26-256
of the Code of Ordinances .
Section 30-323 . R-2 , Single Family Urban
Residential District.
(a) Purpose.
The R-2, Single Family Urban Residential District
is to provide for quality residential
neighborhoods that are compact and walkable, to
provide public gathering spaces, and to encourage
a mix of residential designs, styles and sizes,
thus creating a unique, yet cohesive
neighborhood. It is also intended to conserve
the residential character of existing
neighborhoods in the downtown and existing areas
of the City. It is designed to promote the
preservation and maintenance of older single
family dwellings, while also allowing a variety
of uses and density as was originally intended
within the downtown area and other earlier
developments within the City. It is to provide a
full range of single family housing choices and
to promote a sense of community, urban vitality,
and the efficient provision of infrastructure.
56
(b) Permitted uses .
(1) Single family detached dwelling, with only
one (1) dwelling per lot .
(2) Cluster subdivisions, as permitted in
Chapter 25 of the City Code .
(3) Golf courses; this shall not include
separate miniature golf courses, driving
ranges and other similar activities operated
as a business .
(4 ) Public parks, playgrounds, and recreational
facilities .
(5) Police and Fire stations .
(6) Elementary and middle schools, or
development centers for elementary and
middle school age children with handicaps or
development disabilities, on a minimum of
five (5) acres of land.
(7) Noncommercial, not-for-profit residential
neighborhood facilities consisting of indoor
and outdoor recreational facilities, offices
of property owners associations and
maintenance facilities operated by a
neighborhood or community organization or a
property owners association.
(8) Home for eight (8) or fewer unrelated
mentally or physically handicapped persons,
including no more than two (2) additional
persons acting as house parents or guardians
who need not be related to each other or to
any of the handicapped persons residing in
the home, provided that :
a . The exterior appearance of the home and
property shall reasonably conform to
the exterior appearance of other
dwellings and property in the
neighborhood; and
b. Such home shall not be located closer
than three hundred seventy (370) feet
to any other such home .
(9) A private residence licensed by the Missouri
Division of Family Services or Missouri
Department of Mental Health to provide
foster care to one (1) or more, but less
than seven (7) , children who are unrelated
to either foster parent by blood, marriage
or adoption, provided that all applicable
57
building and safety codes are met and an
occupancy permit issued therefor.
(c) Permitted uses (accessory) .
(1) Private garages, carports and accessory
buildings as permitted in Section 30-403,
Supplemental Regulations .
(2) In home elderly care, with a maximum of
three (3) persons as permitted in Section
30-411, Supplemental Regulations .
(3) Home occupations, as permitted in Section
30-405, Supplemental Regulations .
(4) Home daycares, with no more than four (4)
unrelated children in a twenty-four (24)
hour period as permitted in Section 30-408,
Supplemental Regulations .
(5) Solar energy systems, as permitted in
Section 30-410, Supplemental Regulations .
(d) Special uses .
(1) Home daycares, with five (5) or more
unrelated children in a twenty-four (24 )
hour period, as permitted in Section 30-408,
Supplemental Regulations .
(2) Libraries, on a minimum of two (2) acres of
land.
(3) Cemeteries, on a minimum of ten (10) . acres
of land.
(4 ) Wind energy conversion systems, as permitted
in Section 30-410, Supplemental Regulations .
(5) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would
allow other buildings of the same nature as
a use-by-right .
(e) Height, area, bulk and setback regulations .
(1) Maximum Height: two and one-half (2'-�)
stories not to exceed thirty-five (35) feet .
(2) Minimum Lot Area : eight thousand (8, 000)
square feet .
(3) Maximum Density: five (5) units per one (1)
acre . Higher densities may be approved with
58
a cluster subdivision, as permitted in
Chapter 25 of the City Code.
(4) Minimum Lot Width: sixty (60) feet .
(5) Minimum Yard Requirements:
(a) Front yard: twenty-five (25) feet .
(b) Rear yard: twenty-five (25) feet .
(c) Side yard: five (5) feet .
(f) Parking requirements .
Off-street parking spaces shall be provided in
accordance with the requirements for specific
uses set forth in Section 30-501 . No parking,
stopping, or standing of trucks or commercial
motor vehicles licensed for a gross weight in
excess of twenty-four thousand (24, 000) pounds,
except as provided in Sections 26-137 and 26-256
of the Code of Ordinances .
Section 30-324 . R-3, High Density Single-Family
Residential District.
(a) Purpose.
This district is intended to accommodate single
family, two-family and townhouse residential
developments at maximum densities of up to nine
(9) units per acre. This district will serve as
a transition between lower density and higher
density residential districts . Certain other
structures and uses necessary to serve the area
are allowed as permitted uses or through the
approval of a special use permit, subject to
restrictions intended to preserve and protect the
residential character of this district .
(b) Permitted uses .
(1) Single family detached dwellings, with only
one (1) dwelling per lot .
(2) Duplexes, two family dwelling units .
(3) Townhouses .
(4 ) Cluster subdivisions, as permitted in
Chapter 25 of the City Code.
(5) Public parks, playgrounds, and recreational
facilities .
(6) Police and Fire stations .
59
(7 ) Elementary and middle schools, or
development centers for elementary and
middle school age children with handicaps or
development disabilities, on a minimum of
five (5) acres of land.
(8) Noncommercial, not-for-profit residential
neighborhood facilities consisting of indoor
and outdoor recreational facilities, offices
of property owners associations and
maintenance facilities operated by a
neighborhood or community organization or a
property owners association.
( 9) Home for eight (8) or fewer unrelated
mentally or physically handicapped persons,
including no more than two (2) additional
persons acting as house parents or guardians
who need not be related to each other or to
any of the handicapped persons residing in
the home, provided that :
a. The exterior appearance of the home and
property shall reasonably conform to
the exterior appearance of other
dwellings and property in the
neighborhood; and
b. Such home shall not be located closer
than three hundred seventy (370) feet
to any other such home .
(10) A private residence licensed by the Missouri
Division of Family Services or Missouri
Department of Mental Health to provide
foster care to one (1) or more, but less
than seven (7) , children who are unrelated
to either foster parent by blood, marriage
or adoption, provided that all applicable
building and safety codes are met and an
occupancy permit issued therefor.
(c) Permitted uses (accessory) .
(1) Private garages, carports and accessory
buildings, as permitted in Section 30-403,
Supplemental Regulations .
(2) Home occupations, as permitted in Section
30-405, Supplemental Regulations .
(3) Home daycares, with no more than (4)
unrelated children in a twenty-four (24)
hour period as permitted in Section 30-408,
Supplemental Regulations .
60
(4 ) In home elderly care, with a maximum of
three (3) persons as permitted in Section
30-411, Supplemental Regulations .
(5) Solar energy systems, as permitted in
Section 30-410, Supplemental Regulations .
(d) Special uses .
(1) Home daycares, with five (5) or more
unrelated children, as permitted in Section
30-408, Supplemental Regulations .
(2) Bed and breakfasts .
(3) Cemeteries, on a minimum of ten (10) acres
of land.
(4) Transitional housing.
(5) Wind energy conversion systems, as permitted
in Section 30-410, Supplemental Regulations .
(6) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would
allow other buildings of the same nature as
a use-by-right .
(e) Height, area, bulk and setback requirements .
(1) Maximum Height:
a . When side yards are less than fifteen
(15) feet in width, two and one-half
(21-�) stories not to exceed thirty-five
(35) feet .
b. When side yards are fifteen (15) feet
in width or greater, three (3) stories,
not to exceed forty-five (45) feet .
(2) Minimum Lot Area :
a. Each townhouse must be on a separate
platted lot consisting of at least one
thousand four hundred (1, 400) square
feet .
b. Duplexes, three thousand seven hundred
fifty (3, 750) square feet per unit .
C. Single family, five thousand (5, 000)
square feet .
(3) Maximum Density: nine (9) units per one (1)
acre. Higher densities may be approved with
a cluster subdivision as permitted in
Chapter 25 of the City Code.
(4) Minimum Lot Width:
61
a. Townhouses and duplexes : twenty (20)
feet .
b. All other uses : thirty (30) feet .
(5) Minimum Yard Requirements:
a. Front yard:
i . Each townhouse: ten (10) feet .
ii . All other uses : twenty (20) feet .
b. Rear yard:
i . Each townhouse: twenty (20) feet .
ii . All other uses : twenty (20) feet.
C. Side yard:
i . Each townhouse; none.
ii . All other uses; three (3) feet .
(f) Open space, landscaping and bufferyard
requirements .
For any non-residential uses :
(1) A minimum of twenty (20) percent of the
total lot area shall be devoted to open
space, including required yard and buffer
yards .
(2) Landscaping, shall be provided as required
in Chapter 25 of the City Code .
(3) A 20-foot wide bufferyard shall be required
adjacent to any property in the AG, RE, R-1,
or R-2 zoning districts . This bufferyard
shall comply with the requirements of
Chapter 25 of the City Code.
(g) Parking requirements .
Off-street parking spaces shall be provided in
accordance with the requirements for specific
uses set forth in Section 30-501 . No parking,
stopping, or standing of trucks or commercial
motor vehicles licensed for a gross weight in
excess of twenty-four thousand (24, 000) pounds,
except as provided in Sections 26-137 and 26-256
of the Code of Ordinances .
62
Section 30-325 . R-4, Medium Density Multi-family
Residential District.
(a) Purpose.
This district is intended to accommodate multi-
family residential developments at maximum
densities of up to eighteen (18) units per acre.
New single family detached dwellings are not
permitted in order to ensure that vacant land set
aside for multi-family development is not
preempted by less intensive development . Certain
other structures and uses necessary to serve
governmental, educational, institutional,
commercial and recreational uses are allowed.
(b) Permitted uses .
(1) Multi-family dwellings .
(2) Townhouses .
(3) Cluster subdivisions, as permitted in
Chapter 25 of the City Code.
(4) Nursing homes, senior citizen housing and
retirement homes .
(5) Noncommercial, not-for-profit residential
neighborhood facilities consisting of indoor
and outdoor recreational facilities, offices
of property owners associations and
maintenance facilities operated by a
neighborhood or community organization or a
property owners association.
(6) Public parks, playgrounds, and recreational
facilities .
(7 ) Police and Fire stations .
(8) Elementary, middle and secondary schools, or
development centers for elementary, middle
and secondary school age children with
handicaps or development disabilities, on a
minimum of five (5) acres .
(9) Commercial daycare .
(c) Permitted uses (accessory) .
(1) Private garages, carports and accessory
buildings, as permitted in Section 30-403,
Supplemental Regulations .
63
(2) Home occupations, as permitted in Section
30-405, Supplemental Regulations .
(3) Solar energy systems, as permitted in
Section 30-410, Supplemental Regulations .
(d) Special uses .
(1) Bed and Breakfasts .
(2) Cemeteries, on a minimum of ten (10) acres
of land.
(3) Transitional housing.
(4 ) Wind energy conversion systems, as permitted
by Section 30-410, Supplemental Regulations .
(5) Residential treatment facilities .
(6) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would
allow other buildings of the same nature as
a use-by-right .
(e) Height, area, bulk and setback regulations .
(1) Maximum Height : five (5) stories not to
exceed sixty ( 60) feet .
(2) Minimum Lot Area :
a. Each townhouse must be on a separate
platted lot consisting of at least one
thousand four hundred (1, 400) square
feet .
b. All other uses : three thousand seven
hundred fifty (3, 750) square feet .
(3) Maximum Density: eighteen (18) units per
one (1) acre. Higher densities may be
approved with a cluster subdivision, as
permitted by Chapter 25 of the City Code .
(4 ) Minimum Lot Width:
a. Each townhouse: twenty (20) feet .
b. All other uses : None.
(5) Minimum Yard Requirements:
a . Front yard:
i . Each townhouse: ten (10) feet .
ii . All other uses twenty-five (25)
feet .
b. Rear yard:
i . Each townhouse: twenty (20) feet .
ii . All other uses : twenty-five (25)
feet .
64
C. Side yard:
i . Each townhouse : none.
ii . All other uses : five (5) feet .
(6) Maximum Building Coverage, including
accessory building: fifty (50) percent of
the lot for all uses except townhouses .
(f) Open space, landscaping and bufferyard
requirements .
For any multi-family residential uses or non-
residential uses :
(1) A minimum of twenty (20) percent of the
total lot area shall be devoted to open
space, including required yard and
bufferyards .
(2) Landscaping shall be provided as required in
Chapter 25 of the City Code .
(3) A 20-foot wide bufferyard shall be required
adjacent to any property in the AG, RE, R-1,
R-2 or R-3 zoning districts . This
bufferyard shall comply with the
requirements of Chapter 25 of the City Code .
(g) Parking requirements .
Off-street parking spaces shall be provided in
accordance with the requirements for specific
uses set forth in Section 30-501 . No parking,
stopping, or standing of trucks or commercial
motor vehicles licensed for a gross weight in
excess of twenty-four thousand (24 , 000) pounds,
except as provided in Sections 26-137 and 26-256
of the Code of Ordinances .
Section 30-326 . R-5, High Density Multi-family
Residential District.
(a) Purpose.
This district is intended to accommodate multi-
family developments at maximum densities of up to
thirty (30) units per acre. This district is
intended for high density, multi-family
development consistent with high intensity use
areas . This district is intended for areas that
have access for vehicular traffic from collector
65
or arterial streets without traversing minor
streets in adjoining residential neighborhoods .
New single family dwellings are not permitted in
order to ensure that vacant land set aside for
multi-family development is not preempted by less
intensive development .
(b) Permitted uses .
(1) Multi-family dwellings .
(2) Townhouses .
(3) Cluster subdivisions, as permitted in
Chapter 25 of the City Code.
(4) Commercial daycares .
(5) Police and Fire stations .
(6) Public parks, playgrounds and recreational
facilities .
(7) Elementary, middle and secondary schools, or
development centers for elementary, middle
and secondary school age children with
handicaps or development disabilities, on a
minimum of five (5) acres of land.
(8) Nursing homes, senior citizen housing or
retirement homes .
(c) Permitted uses (accessory) .
(1) Private garages, carports and accessory
buildings, as permitted in Section 30-403,
Supplemental Regulations .
(2) Home occupations, as permitted in Section
30-405, Supplemental Regulations .
(3) Solar energy systems, as permitted in
Section 30-410, Supplemental Regulations .
(d) Special uses .
(1) Bed and Breakfasts .
(2) Cemeteries, on a minimum of ten (10) acres
of land.
(3) Transitional housing.
(4 ) Wind energy conversion systems, as permitted
by Section 30-410, Supplemental Regulations .
(5) Residential treatment facilities .
( 6) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would
66
allow other buildings of the same nature as
a use-by-right .
(e) Height, area, bulk and setback regulations .
(1) Maximum Height: five (5) stories not to
exceed sixty (60) feet .
(2) Minimum Lot Area :
a. Each townhouse must be on a separate
platted lot consisting of at least one
thousand four hundred (1, 400) square
feet .
b. All other uses : three thousand seven
hundred fifty (3, 750) square feet .
(3) Maximum Density: thirty (30) units per one
(1) acre. Higher densities may be approved
with a cluster subdivision, as permitted by
Chapter 25 of the City Code .
(4) Minimum Lot Width:
a . Each townhouse : twenty (20) feet .
b. All other uses : None .
(5) Minimum Yard Requirements:
a . Fron t yard:
i . Each townhouse : ten (10) feet .
ii . All other uses : twenty-five (25)
feet .
b. Rear yard:
i . Each townhouse: twenty (20) feet .
ii . All other uses : twenty-five (25)
feet .
C. Side yard:
i . Each townhouse: none .
ii . All other uses : five (5) feet .
(6) Maximum Building Coverage, including
accessory building: fifty (50) percent of
the lot for all uses except townhouses .
(f) Open space, landscaping and bufferyard
requirements .
For any multi-family residential uses or non-
residential uses :
(1) A minimum of twenty (20) percent of the
total lot area shall be devoted to open
space, including required yard and
bufferyards .
67
(2) Landscaping shall be provided as required in
Chapter 25 of the City Code .
(3) A 20-foot wide bufferyard shall be required
adjacent to any property in the AG, RE, R-1,
R-2 or R-3 zoning districts . This
bufferyard shall comply with the
requirements of Chapter 25 of the City Code.
(g) Parking requirements .
Off-street parking spaces shall be provided in
accordance with the requirements for specific
uses set forth in Section 30-501 . No parking,
stopping, or standing of trucks or commercial
motor vehicles licensed for a gross weight in
excess of twenty-four thousand (24, 000) pounds,
except as provided in Sections 26-137 and 26-256
of the Code of Ordinances .
Section 30-327 . RUMD, Residential Urban Mixed
Density District.
(a) Purpose.
This district is intended to provide for moderate
density residential development with a mixture of
housing styles and densities with a maximum
twelve (12) units per acre. These developments
are characterized by single family dwellings
along with low to medium density multi-family
residential structures; such as duplexes,
townhouses or multi-family areas . It provides
regulation to encourage innovative forms of
housing development . It adapts to both
established and developing neighborhoods, as well
as being a transition between single family and
multi-family areas . It intends to provide for
the stability of the existing residential
development located in the areas of the City,
while accommodating a range of compatible
residential densities . This district should be
located convenient to commercial uses and
employment centers .
(b) Permitted uses .
(1) Single family detached dwellings .
68
(2) Duplexes, two family dwelling units .
(3) Multi-family dwellings .
(4 ) Townhouses .
(5) Cluster subdivisions, as permitted in
Chapter 25 of the City Code.
(6) Noncommercial, not-for-profit residential
neighborhood facilities, including indoor
and outdoor recreational facilities,
community centers, offices of property
owners associations and maintenance
facilities operated by a neighborhood or
community organization or a property owners
association.
(7) Public parks, playgrounds and recreational
facilities .
(8) Police and Fire stations .
(9) Elementary and middle schools or development
centers for elementary and middle school age
children with handicaps or development
disabilities, on a minimum of five (5) acres
of land.
(10) Home for eight (8) or fewer unrelated
mentally or physically handicapped persons,
including no more than two (2) additional
persons acting as house parents or guardians
who need not be related to each other or to
any of the handicapped persons residing in
the home, provided that :
a . The exterior appearance of the home and
property shall reasonably conform to
the exterior appearance of other
dwellings and property in the
neighborhood; and
b. Such home shall not be located closer
than three hundred seventy (370) feet
to any other such home .
(11) A private resident licensed by the Missouri
Division of Family Services or Missouri
Department of Mental Health to provide
foster care to one (1) or more, but less
than seven (7) , children who are unrelated
to either foster parent by blood, marriage
or adoption, provided that all applicable
building and safety codes are met and an
occupancy permit is issued therefor.
69
(c) Permitted uses (accessory) .
(1) Private garages, carports and accessory
buildings, as permitted in Section 30-403,
Supplemental Regulations .
(2) Home occupations, as permitted in Section
30-405, Supplemental Regulations .
(3) Home daycares, with no more than (4)
unrelated children in a twenty-four (24)
hour period, as permitted in Section 30-408,
Supplemental Regulations .
(4) In home elderly care, with a maximum of
three (3) persons as permitted in Section
30-411, Supplemental Regulations .
(5) Solar energy systems, as per in
Section 30-410, Supplemental Regulations .
(d) Special uses .
(1) Personal service establishments including,
but not limited to, beauty parlors, barber
shops, dry cleaning and laundry pick-up,
shoe repair, self-service laundromats,
express or mailing offices .
(2) Retail establishments which supply
convenience and ' specialized goods and
services, including but not limited to,
groceries, bakery, package liquor, books,
candy, dairy products, drugs, flowers,
gifts, jewelry, hobby materials, meat, fish
and poultry, news stands, wearing apparel,
shoes, clothing, toys, pipe and tobacco and
video rental .
(3) Restaurants, excluding drive-in, pick-up, or
drive-thru facilities .
(4) Pet grooming with sales of pet grooming
products . The following are prohibited:
overnight pet stays, the sale or breeding of
pets, and kennels .
(5) Offices .
(6) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would
allow other buildings of the same nature as
a use-by-right .
70
(e) Standards .
(1) No individual retail store, personal service
establishment or other permitted use shall
have a gross floor area greater than three
thousand five hundred (3, 500) square feet .
(2) Utilitarian areas such as loading docks,
mechanical equipment, storage areas and
dumpsters shall be located at the rear of
the building and properly screened as
required in Chapter 25 of the City Code.
(3) All structures in this district shall be
constructed using materials, surfaces,
textures, and colors that are compatible
with the surrounding residential
development . Consideration shall also be
given to the scale, orientation and
proportion of surrounding development .
Design review shall be performed as part of
the site plan review.
(4 ) Lighting shall be designed to be directed
away from any adjacent residential area .
(f) Height, area, bulk and setback requirements .
(1) Maximum Height:
a . When side yards are less than fifteen
(15) feet in width, two and one-half
(2;,�) stories not to exceed thirty-five
(35) feet .
b. When side yards are fifteen (15) feet
in width or greater, three (3) stories
not to exceed forty-five (45) feet .
(2) Minimum Lot Area :
a. Each townhouse must be on a separate
platted lot consisting of at least one
thousand four hundred (1, 400) square
feet .
b. Duplexes, three thousand seven hundred
fifty (3, 750) square feet per unit .
C. Single family, five thousand (5, 000)
square feet .
d. Multi-family, three thousand seven
hundred fifty (3, 750) square feet .
(3) Maximum Density: twelve (12) units per one
(1) acre. Higher densities may be approved
71
with a cluster subdivision as permitted in
Chapter 25 of the City Code .
(4) Minimum Lot Width:
a. Each townhouse: twenty (20) feet .
b. Each duplex twenty: (20) feet.
C. All other uses thirty: (30) feet .
(5) Minimum Yard Requirements:
a . Front yard:
i . Each townhouse: ten (10) feet.
ii . All other uses : twenty (20) feet .
b. Rear yard:
i . Each townhouse: twenty (20) feet .
ii . All other uses : twenty (20) feet .
C. Side yard:
i . Each townhouse: none.
ii. All other uses : three (3) feet .
(g) Open space, landscaping and bufferyard
requirements .
(1) A minimum of twenty (20) percent of the
total lot area shall be devoted to open
space, including required yard and
bufferyards .
(2) Landscaping shall be provided as required in
as required in Chapter 25 of the City Code .
(3) A 20-foot wide bufferyard shall be required
adjacent to any property in the AG, RE, R-1,
R-2 or R-3 zoning districts . This
bufferyard shall comply with the
requirements of as required in Chapter 25 of
the City Code.
(h) Parking requirements .
Off-street parking space shall be provided in
accordance with the requirements for specific
uses set forth in Section 30-501 . No parking,
stopping, or standing of trucks or commercial
motor vehicles licensed for a gross weight in
excess of twenty-four thousand (24, 000) pounds,
except as provided in Sections 26-137 and 26-256
of the Code of Ordinances .
72
Section 30-328 . RMH, Residential Manufactured Home
District.
(a) Purpose.
The Residential Manufactured Home District is
established to provide for the placement of
manufactured homes in manufactured housing
communities, at maximum residential densities of
eight (8) units per acre. It is intended that
such manufactured housing communities shall be so
located, designed and improved as to provide: a
desirable residential environment, protection
from potentially adverse neighboring influences,
protection for adjacent residential properties,
principal access for vehicular traffic to
collector or arterial streets, and accessibility
to public facilities, places of employment and
facilities for meeting commercial and service
needs not met within the manufactured housing
community. Certain other residential and
supporting uses are also allowed in such
district .
(b) Permitted uses .
(1) Manufactured homes, including mobile. homes,
on subdivided individual building lots, with
only one (1) home per lot .
(2) Manufactured homes on rented lots .
(3) Police and Fire stations .
(4) Noncommercial, not-for-profit residential
neighborhood facilities consisting of indoor
and outdoor recreational facilities, offices
of property owners associations and
maintenance facilities operated by a
neighborhood or community organization or a
property owners association.
(c) Permitted uses (accessory) .
(1) Private garages, carports and accessory
buildings as permitted in Section 30-403,
Supplemental Regulations .
(2) One single family detached dwelling per each
manufactured housing community.
73
(3) Home daycares, with not more than four (4)
unrelated children, as permitted in Section
30-408, Supplemental Regulations .
(4 ) Home occupations, as permitted in Section
30-405, Supplemental Regulations .
(5) Solar energy systems, as permitted in
Section 30-410, Supplemental Regulations .
(d) Special uses.
(1) Additional single family detached dwellings .
(2) Wind energy conversion systems, as permitted
in Section 30-410, Supplemental Regulations .
(3) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would
allow other buildings of the same nature as
a use-by-right .
(e) Height, area, bulk and setback requirements on
subdivided individual lots .
(1) Maximum Height: two and one-half (2'-�)
stories not to exceed thirty-five (35) feet .
(2) Minimum Lot Area : five thousand (5, 000)
square feet .
(3) Minimum District Size: ten (10) acres .
(4 ) Maximum Density: eight (8) units per acre .
(5) Minimum Lot Width: forty-five (45) feet .
(6) Minimum Lot Depth: seventy-five (75) feet .
(7) Minimum Yard Requirements:
a . Front yard: twenty-five (25) feet .
b. Rear yard: twenty (20) feet .
C. Side yard: five (5) feet .
(8) Maximum Building Coverage, including
accessory building: forty (40) percent .
(9) Minimum Open Space: twenty-five (25)
percent of the total lot area shall be
devoted to open space, including required
yards and bufferyards .
(f) Height, area, bulk and setback requirements in
manufactured housing development (mobile home
park) .
(1) Maximum Height : two and one-half (21-x)
stories not to exceed thirty-five (35) feet .
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(2) Minimum Lot Area : three thousand four
hundred (3, 400) square feet .
(3) Minimum District Size: ten (10) acres .
(4 ) Maximum Density: eight (8) units per acre .
(5) Minimum Lot Width: forty-five (45) feet.
(6) Minimum Lot Depth: seventy-five (75) feet .
(7) Maximum Building Coverage, including
accessory building: forty (40) percent .
(g) Design requirements .
(1) Subdivided Lots and Rented Lots in a Mobile
Home Park.
a . A site plan meeting the requirements of
Chapter 25 of the City Code shall be
submitted and approved.
i . There shall not be less than
fifteen (15) feet between
manufactured homes or any other
buildings, other than accessory
structures .
ii . Any improvements necessary on the
lot for the support or anchoring
of the manufactured home shall be
provided prior to occupancy.
b. The manufactured home shall be in
compliance with Federal Manufactured
Home Construction and Safety Standards,
adopted June 15, 1976, as amended, and
Missouri Public Service Commission
rules .
C. A minimum of twenty-four inches (24")
of crawl space under the entire
manufactured home shall be maintained.
d. The unit shall be served by water,
sewage disposal system, and electrical
service in accordance with the
International Plumbing Code and
National Electric Code.
e. Storage of maintenance or other
equipment incidental to a permitted or
special use shall be screened from view
in accordance with Chapter 25 of the
City Code .
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f. Accessory buildings and structures
shall meet the requirements of Section
30-403, Supplemental Regulations .
(2) Subdivided Lots, only.
a. Manufactured homes on individual
subdivided lots shall be permanently
installed on a properly designed,
enclosed foundation in accordance with
the International Building Code (IBC) .
All wheels, springs, axles, lights and
towing apparatus shall be removed.
b. Permanent steps on subdivided lots
shall be set at all external exits with
appropriate hand rails and/or guard
rails .
C. Parking spaces for each manufactured
home shall be provided on each lot, as
per Chapter 25 of the City Code .
(3) Rented lots in a mobile home park, only.
a . Skirting shall be placed around
manufactured homes that are not placed
on a permanent foundation. Such
skirting shall be similar in appearance
to materials used for the siding of the
manufactured home to which it is to be
attached.
b. Refuse storage shall be screened from
view in accordance with Chapter 25 of
the City Code.
C. Two (2) parking spaces for each
manufactured home shall be provided on
each lot; however, one (1) of these two
(2) required parking spaces may be
located within one hundred (100) feet
of the lot served.
(h) Open space, landscaping and bufferyard
requirements .
(1) A minimum of twenty-five (25) percent of the
total lot area shall be devoted to open
space, including required yard and
bufferyards .
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(2) Landscaping shall be provided as required in
Chapter 25 of the City Code.
(3) A 20-foot wide bufferyard shall be required
adjacent to any property in any other zoning
district . This bufferyard shall comply with
the requirements of Chapter 25 of the City
Code.
(i) Parking requirements .
Off-street parking spaces shall be provided in
accordance with the requirements for specific
uses set forth in Section 30-501 . No parking,
stopping, or standing of trucks or commercial
motor vehicles licensed for a gross weight in
excess of twenty-four thousand (24, 000) pounds,
except as provided in Sections 26-137 and 26-256
of the Code of Ordinances .
Section 30-330 . Commercial and Manufacturing/
Industrial Districts .
Section 30-331 . NC, Neighborhood Commercial
District.
(a) Purpose.
This district is intended to provide small,
convenient retail/commercial services and offices
that provide convenience goods or personal
service primarily to people residing in adjacent
residential areas . This district is designed to
accommodate compact, commercial uses in
residential neighborhoods at intersections or
along major streets, or to function as a
transition between more intense commercial uses
and neighborhoods . Additional requirements for
light, air, building design, open space and
landscaping are required to alleviate any adverse
impact on surrounding neighborhoods .
(b) Permitted uses .
(1) Commercial daycare.
(2) Personal service establishments including,
but not limited to, beauty parlors, barber
77
shops, dry cleaning and laundry pick-up,
shoe repair, self-service laundromats,
express or mailing offices, and hearing aid
and eye glass shops .
(3) Police and Fire stations .
(4 ) Public parks, playgrounds and recreational
facilities .
(5) Residential uses, provided such uses are
located above the first floor or behind non-
residential uses so as to promote continuous
non-residential uses on the first floor
level along street frontages .
(6) Restaurants and bars, excluding drive-in,
pick-up or drive-thru facilities .
(7) Retail establishments which supply
convenience and specialized goods and
services, including but not limited to:
groceries, bakery, package liquor, books,
candy, dairy products, drugs, flowers,
gifts, jewelry, hobby materials, meat, fish,
poultry, news stands, wearing apparel,
shoes, clothing, toys, pipe and tobacco, and
video rental .
(8) Pet grooming, with sales of pet grooming
products allowed as an accessory use . The
following uses are not accessory to this use
and are prohibited: overnight pet stays,
the sale or breeding of pets, kennels,
veterinarian services, runs and outside
facilities .
( 9) Finance, insurance and real estate services
including, but not limited to, banks,
insurance offices and security brokers .
Banks and financial institutions may include
automatic teller machines and drive-thru
facilities with a maximum of two (2) teller
stations or lanes .
(c) Permitted uses (accessory) .
(1) Accessory buildings and uses customarily
incidental to the above uses including, . but
not limited to, garages, and dumpster
storage facilities as permitted in Section
30-403, Supplemental Regulations .
(2) Solar energy systems, as permitted in
Section 30-410, Supplemental Regulations .
78
(d) Special uses.
(1) School and studios for art, dancing, drama,
music, photography, interior decorating or
similar courses of study.
(2) Vehicle fueling station, not including
service and repair.
(3) The allowance of additional height, not to
exceed thirty-five (35) feet, as long as
additional height does not adversely affect
the surrounding neighborhood.
(4) Wind energy conversion systems, as permitted
in Section 30-410, Supplemental Regulations .
(5) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would
allow other buildings of the same nature as
a use-by-right .
(e) Standards .
(1) A site plan, meeting the requirements of
Chapter 25 of the City Code shall be
submitted and approved.
(2) Buildings shall be designed in individual or
small groupings and shall not exceed sixteen
thousand (16, 000) square feet per structure
with a maximum foot print of ten thousand
(10, 000) square feet, nor exceed two (2)
stories in height, except as provided with a
special use permit . The commercial
development shall be designed and sized in a
manner which is architecturally,
aesthetically and operationally harmonious
with surrounding development .
(3) No individual retail store, personal service
establishment or other permitted use shall
have a gross floor area greater than five
thousand (5, 000) square feet .
(4 ) All activities and permitted uses except
off-street parking and loading facilities,
drive-thru facilities, public parks and play
grounds, daycare activities, outdoor eating
and drinking facilities and outdoor music,
shall be conducted entirely within a
completely enclosed building.
79
(5) Utilitarian areas such as loading docks,
mechanical equipment, storage areas and
dumpsters shall be located at the rear of
the building and properly screened as
required in Chapter 25 of the City Code .
(6) Streets through adjacent residential areas
shall not be used to provide principal
access for truck traffic to any non-
residential use in this district except on
streets classified as arterials, or
collectors .
(7) All structures in a NC District shall be
constructed using materials, surfaces,
textures, and colors that are compatible
with the surrounding development . Design
review shall be performed as part of the
site plan review required in Chapter 25 of
the City Code .
(8) Lighting shall be designed to be directed
away from any adjacent residential area and
in accordance with Chapter 25 of the City
Code.
(f) Height, area, bulk and setback requirements .
(1) Maximum Height: two (2) stories not to
exceed twenty-five (25) feet . .
(2) Minimum Lot Area : None.
(3) Maximum Density: None .
(4 ) Maximum Floor Area : sixteen thousand
(16, 000) square feet .
(5) Minimum Lot Width: None.
(6) Minimum Yard Requirements:
a. Front yard: Twenty-five (25) feet .
b. Rear yard: Twenty (20) percent of the
lot depth or ten (10) feet, whichever
is greater. No more than twenty-five
(25) feet shall be required.
C. Side yard: None, except where located
adjacent to residential uses, then ten
(10) feet .
(7 ) Maximum Building Coverage, including
accessory buildings: thirty-five (35)
percent of the lot ..
(g) Open space, landscaping and bufferyard
requirements .
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(1) A minimum of twenty (20) percent of the
total lot area shall be devoted to open
space, including required yard and
bufferyards .
(2) Landscaping shall be provided as required in
Chapter 25 of the City Code.
(3) A 20-foot wide bufferyard shall be required
adjacent to any property in the AG, RE, R-1,
R-2 or R-3 zoning districts . This
bufferyard shall comply with the
requirements of Chapter 25 of the City Code .
(h) Parking requirements .
Off-street parking and loading spaces shall be
provided in accordance with the requirements for
specific uses set forth in Section 30-501 . No
parking, stopping, or standing of trucks or
commercial motor vehicles licensed for a gross
weight in excess of twenty-four thousand (24, 000)
pounds, except as provided in Sections 26-137 and
26-256 of the Code of Ordinances .
Section 30-332 . CBD, Central Business District.
(a) Purpose.
The Central Business District provides for the
development of high density, compact, pedestrian
oriented shopping, office, service, entertainment
and residential districts . The districts are
intended to be mixed-use districts that
accommodate a variety of uses . It is intended
specifically for the older downtown areas
including: Broadway, Riverfront and Good
Hope/Haarig areas of the City of Cape Girardeau.
It is intended to allow flexible setbacks,
smaller lot sizes, and increased lot coverage to
encourage dense development in the urban core of
the community. This district is designed to
protect the small community appeal, integrity,
character, and charm within the Central Business
District by encouraging redevelopment that
focuses on architecturally appropriate design
standards typical of the City' s early development
history. These areas may also be experiencing or
81
be in need of rehabilitation or redevelopment .
This district is intended to accommodate the
transition that must occur if these areas are to
continue to contribute to the vitality of the
City. The regulations of the Central Business
District are intended to allow greater
flexibility for tracts of land in the Central
Business District than is permitted by other
district regulations, where the planned
development of such tracts would better reflect
the character of the site and enhance the
appearance and economic vitality of the downtown
area.
(b) Permitted uses.
(1) Any business , that provides, displays,
advertises and sells goods, supplies or
services to the general public, as long as
all activities associated with said business
are contained entirely indoors as stated in
the Standards, set forth in Section 30-
332 (e) (2) .
(2) General retail and office, including banks
and financial institutions .
(3) Any governmental building, including Police
and Fire stations .
(4 ) Residential uses, on upper floors .
(5) Hotels .
(6) Medical facilities .
(7) Health and fitness centers .
(8) Public parks, playgrounds and recreational
facilities .
(9) Private institutions of higher education.
(10) Nursing homes, senior citizen housing or
retirement homes .
(11) Commercial daycares .
(12) Microbrewery.
(13) Bed and breakfasts .
(14) Restaurants, bars .
(c) Permitted uses (accessory) .
(1) Accessory buildings and uses customarily
incidental to the above uses including, but
not limited to, garages, and dumpster
82
storage facilities as permitted in Section
30-403, Supplemental Regulations .
(2) Solar energy systems, as permitted in
Section 30-410, Supplemental Regulations .
(d) Special uses .
(1) Helicopter landing pad, heliport or other
landing areas in relationship with medical
facilities .
(2) Telecommunication tower, as permitted in
Section 30-404, Supplemental Regulations .
(3) Marina or dock.
(4 ) The allowance of additional height, not to
exceed sixty (60) feet or five stories .
(5) Excursion gambling boat or floating gambling
facility, as permitted in Section 30-409,
Supplemental Regulations .
(6) Wind energy conversion systems, as permitted
in Section 30-410, Supplemental Regulations .
(7) Residential uses on the first floor of a
commercial building in the back portion,
while keeping the front portion on the
street side as a usable commercial/retail
space.
(8) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would
allow other buildings of the same nature as
a use-by-right .
(e) Standards .
(1) Except as otherwise authorized herein,
residential uses are not permitted on ground
floors of commercial buildings, only on
upper floors . First floors should be used
for retail, commercial and similar uses .
(2) All activities and permitted uses except the
following shall be conducted entirely within
a closed building.
a . Off-street parking and loading
facilities .
b. Banks and financial institutions
including automatic teller machines and
drive-thru facilities with a maximum of
two (2) teller stations or lanes .
83
C. Outdoor eating and drinking facilities.
d. Public parks, playgrounds and
recreational facilities .
e. Outdoor live or amplified music
provided that they are in compliance
with the City' s nuisance ordinance.
(3) Alteration of existing buildings :
a. Original window openings on public
facing elevations should be maintained
or retained.
b. Original upper story design details and
features shall not be removed or
obscured.
(4 ) New construction shall be compatible with
the existing buildings in scale, height,
materials, massing and rhythm and proportion
of openings .
(5) Storefronts shall maintain traditional size,
shape, spacing, patterns and alignment of
openings of storefronts .
(6) The primary entrance for commercial
buildings shall be oriented toward the
street .
(7) Building setbacks :
a. Residential - should be aligned by a
uniform distance from sidewalks .
b. Commercial - maintain alignment of
facades along sidewalks .
(8) Height :
a . The height of additions or new
construction should be within a similar
range of the buildings ' in the
surrounding blocks .
b. Corner buildings or buildings on the
ends should be similar in height to
buildings on adjoining corners .
(9) Materials that are comparable in quality,
color, texture, finish and dimension to
existing materials and buildings within the
district should be used.
(10) Consistent rooflines should be maintained
with adjacent buildings .
(g) Height, area, bulk and setback requirements .
(1) Maximum Height: three (3) stories not to
exceed forty (40) feet .
84
(2) Minimum Lot Area : None.
(3) Minimum Lot Width: None.
(4 ) Maximum Density: None.
(5) Minimum Yard Requirements:
a. Front yard: None, except fifteen (15)
feet when across from a residential
zoning district .
b. Rear yard: None, except fifteen (15)
feet when adjacent to a residential
zoning district .
c. Side yard: None, except fifteen (15)
feet when adjacent to a residential
zoning district .
(6) Maximum Building Coverage, including
accessory buildings: one hundred (100)
percent of the lot .
(h) Open space, landscaping and bufferyard
requirements .
(1) Open space requirements : no minimum
percentage required.
(2) Landscaping shall be provided as required in
Chapter 25 of the City Code.
(3) A 20-foot wide bufferyard shall be required
adjacent to any property in the AG, RE, R-1,
R-2 or R-3 zoning districts . This
bufferyard shall comply with the
requirements of Chapter 25 of the City Code.
(h) Parking regulations .
Off-street parking and loading spaces shall be
provided in accordance with the requirements for
specific use set forth in Section 30-501 .
Section 30-333 . C-1, General Commercial District.
(a) Purpose.
The General Commercial District is to provide for
the development of commercial enterprise that may
be oriented toward the use of automobiles, in
practice or in design. These uses should be
destination retail and commercial spaces that
provide essential retail and service businesses
to the community and region, and that provide a
85
diversified economy for the greater Cape
Girardeau area. The height of buildings and uses
should not adversely affect the adjacent
neighborhood.
(b) Permitted uses .
(1) Offices : administrative, business, finance
and professional .
(2) Retail, not including vehicle sales .
(3) Restaurants and bars, including drive-thru.
(4) Health and fitness centers .
(5) Public parks, playgrounds and recreational
facilities .
( 6) Funeral homes and mortuaries .
(7) Medical facilities .
(8) Police and Fire stations .
(9) Private institutions of higher education.
(10) Nursing homes, senior citizen housing, and
retirement homes .
(11) Commercial Daycares .
(12) Banks and financial institutions, including
drive-thru.
(13) Residential treatment facilities .
(c) Permitted uses (accessory) .
(1) Accessory buildings. and uses customarily
incidental to the above uses, as permitted
in Section 30-403, Supplemental Regulations .
(2) Helicopter landing pad, heliport or other
landing area in relationship with medical
facilities .
(3) Solar energy systems, as permitted in
Section 30-410, Supplemental Regulations .
(d) Special uses .
(1) Vehicle washing businesses, including
automatic, coin-operated, and moving-line
facilities .
(2) Vehicle fueling stations, including service
and repair.
(3) Hotels .
(4 ) The allowance of additional height, not to
exceed a total height of sixty (60) feet, as
long as the additional height does not
86
adversely affect the surrounding
neighborhood.
(5) Mini warehouse or self-storage units .
(6) Transitional housing.
(7) Telecommunication tower, as permitted in
Section 30-404, Supplemental Regulations .
(8) Wind energy conversion systems, as permitted
in Section 30-410, Supplemental Regulations .
(9) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would
allow other buildings of the same nature as
a use-by-right .
(e) Standards .
(1) All storage of materials, products or
equipment shall be within a fully enclosed
building or in an open yard so screened that
the materials, products or equipment are not
visible from the street or any adjoining
property.
(2) The seasonal display of nursery stock and
accessory landscaping decorations, seasonal
decorations and decorative items shall be
allowed, in accordance with the following
provisions :
a. Daily displays shall be set up only
during normal business hours, except
that overnight displays shall be
allowed for seasonal merchandise .
b. Long term storage of such products
shall be prohibited.
C. Displays shall not alter the structure
of the building.
d. Displays shall not be located within
ten (10) feet of the primary entrance
or exit .
e. Displays shall be located wholly on
privately owned property, with the
owner' s permission.
f. Displays shall not impede pedestrian or
vehicular access to the building or
site.
g. Displays shall be well-kept and
orderly.
87
(3) Utilitarian areas such as loading docks,
mechanical equipment, storage areas and
trash enclosures shall be located at the
rear or side of the building and screened as
required in Chapter 25 of the City Code.
(f) Height, area, bulk and setback requirements .
(1) Maximum Height: three (3) stories not to
exceed forty (4 0) feet .
(2) Minimum Lot Area : None.
(3) Minimum Lot Width: None .
(4) Maximum Density: None.
(5) Minimum Yard Requirements:
a. Front yard: twenty-five (25) feet .
b. Rear yard: twenty-five (25) feet .
C. Side yard: No side yard requirement
for nonresidential buildings except
that on a lot abutting a residential
district there shall be a side yard of
not less than five (5) feet on the side
of the lot abutting the residential
district . Side yards for dwellings
shall be not less than five (5) feet .
( 6) Maximum Building Coverage, including
accessory buildings: fifty (50) percent of
the lot .
(g) Open space, landscaping and bufferyard
requirements .
(1) Open space: no minimum percentage required.
(2) Landscaping shall be provided as required in
Chapter 25 of the City Code.
(3) A 20-foot wide bufferyard shall be required
adjacent to any property in the AG, RE, R-1,
R-2, R-3, R-4, R-5, RUMD and RMH zoning
districts . This bufferyard shall comply
with the requirements of Chapter 25 of the
City Code .
(h) Parking regulations .
Off-street parking and loading spaces shall be
provided in accordance with the requirements for
specific uses set forth in Section 30-501 .
88
Section 30-334 . C-2 , Highway Commercial District.
(a) Purpose.
The highway commercial district is established to
provide primarily for automobile-dependent uses
in areas which are not amenable to easy
pedestrian access and a comfortable pedestrian
environment . This district is intended for
commercial uses which depend upon high
visibility, general high traffic volumes, or
cater to the traveling public. It is expected
that the highway commercial district will not
only serve the City of Cape Girardeau, but
interstate and intrastate travelers as well .
These characteristics dictate that these
districts be located along or at the
intersections of arterial classification streets
or along frontage roads adjacent to an interstate
highway or other limited access roads . Because
of the scale and access requirements of the uses
in this category, they are generally associated
with, or located along major transportation
routes .
(b) Permitted uses .
(1) Vehicle fueling stations, including service
and repair.
(2) Restaurants and bars, including drive-thru.
(3) Hotels .
(4 ) Public parks, playgrounds and recreational
facilities .
(5) Office, administrative, business, finance
and professional .
(6) Retail, including vehicle sales .
(7) Health and fitness centers .
(8) Funeral homes and moratoriums .
(9) Medical facilities .
(10) Police and Fire stations .
(11) Private institutions of higher education;
(12) Nursing homes, senior citizen housing or
retirement homes .
(13) Commercial daycares .
(14) Microbrewery.
(15) Mini warehouse or self-storage units .
89
(16) Theaters .
(17) Warehouses .
(18 ) Banks and financial institutions, including
drive-thru.
(19) Veterinary clinics, animal hospitals and
kennels .
(20) Residential treatment facilities .
(21) Transitional housing.
(c) Permitted uses (accessory) .
(1) Accessory buildings and uses customarily
incidental to the above uses, as permitted
in - Section 30-403, Supplemental Regulations .
(2) Helicopter landing pad, heliport or other
landing area in relationship with medical
facilities .
(3) Solar energy systems, as permitted in
Section 30-410, Supplemental Regulations .
(4 ) Outdoor storage of materials that are for
sale .
(d) Special uses .
(1) Automobile washing businesses, including
automatic, coin-operated, moving-line
facilities .
(2) The allowance of additional height, not to
exceed a total of one hundred (100) feet, as
long as additional height does not adversely
affect surrounding neighborhood.
(3) Campground facilities and travel trailer
parks .
(4 ) Commercial amusement park.
(5) Telecommunication tower, as permitted in
Section 30-404, Supplemental Regulations .
(6) Wind energy conversion systems, as permitted
in Section 30-410, Supplemental Regulations .
(7) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would
allow other buildings of the same nature as
a use-by-right .
(e) Height, area, bulk and setback requirements .
90
(1) Maximum Height: five (5) stories not to
exceed sixty (60) feet . Buildings can
exceed the maximum height and stories in the
C-2 District upon a special use permit being
granted.
(2) Minimum Lot Area : None .
(3) Minimum Lot Width: None.
(4 ) Maximum Density: None .
(5) Minimum Yard Requirements:
a. Front yard: twenty-five (25) feet .
b. Rear yard: None, except twenty-five
(25) feet when abutting a residential
district .
C. Side yard: No side yard requirement
for nonresidential buildings except
that on a lot abutting a residential
district there shall be a side yard of
not less than twenty-five (25) feet on
the side of the lot abutting the
residential district .
(6) Maximum Building Coverage, including
accessory buildings: eighty (80) percent of
the lot .
(f) Standards .
(1) A site plan, meeting the requirements of
Chapter 25 of the City Code shall be
submitted and approved.
(2) All off-street parking lots and vehicular
use areas shall be screened from all
residential uses in accordance with Chapter
25 of the City Code .
(3) Utilitarian areas such as loading docks,
mechanical equipment, storage areas and
dumpsters shall be located at the rear or
side of the building and properly screened,
as required in Chapter 25 of the City Code.
(4 ) Lighting shall be designed to reflect away
from any adjacent residential area, in
accordance with Chapter 25 of the City Code.
(g) Open space, landscaping and bufferyard
requirements .
(1) Open space : no minimum percentage required.
91
(2) Landscaping shall be provided as required in
Chapter 25 of the City Code .
(3) A 20-foot wide bufferyard shall be required
adjacent to any property in the AG, RE, R-1,
R-2, R-3, R-4, R-5, RUMD and RMH zoning
district . This bufferyard shall comply with
the requirements of Chapter 25 of the City
Code.
(h) Parking regulations .
Off-street parking and loading spaces shall be
provided in accordance with specific uses set
forth in Section 30-501 .
Section 30-335 . M-1, Light Manufacturing/
Industrial District.
(a) Purpose.
This district is intended primarily for uses
engaged in light manufacturing, assembly,
fabrication, warehousing, wholesaling and retail
trade, and service operations which conduct all
activities within a building with no external
impact or effect . This district is intended to
serve as a transition between more intense
industrial development and commercial, office, or
multi-family residential development .
(b) Permitted uses .
(1) Light manufacturing facilities .
(2) Any establishment which provides supplies or
services primarily to commercial and
industrial customers, such as janitorial
services, sign shops, packaging or shipping
services, locksmiths, or printing,
lithographing, engraving, photocopying,
blueprinting, publishing, electrical,
heating, plumbing and binding
establishments .
(3) Health and fitness centers .
(4 ) Cemeteries .
(5) Commercial daycares .
(6) Funeral homes and mortuaries .
92
(7) Government buildings and uses, including
Police and Fire stations .
(8) Heavy machinery and equipment sales, rental
and service .
(9) Offices, administrative, business, finance
and professional .
(10) Public and private parks, playgrounds, and
golf courses, including miniature golf
courses and driving ranges.
(11) Public service and public utility uses as
follows :
a. Wireless facilities .
b. Water reservoirs, water standpipes, and
elevated and ground-level water storage
tanks .
(12) Industrial schools and business schools .
(13) Mini warehouse or self-storage units .
(14 ) Residential treatment facilities .
(15) Television and radio studios including any
transmitting facilities .
(16) Veterinary clinics, animal hospitals, and
kennels .
(17) Warehouses, storage and distribution
centers .
(18) Vehicle fueling stations, including service,
repair, body and fender repair, and paint
shops .
(19) Recycling centers .
(20) Marina or dock.
(21) Transitional housing.
(22) Restaurants and bars .
(23) Retail, including vehicle sales .
(c) Permitted uses (accessory) .
(1) Dwelling or lodging units, but only for
watchman, caretakers, or other personnel
whose residence is essential to the
operation of a permitted or special use.
(2) Accessory buildings and uses customarily
incidental to the above uses, as permitted
in Section 30-403, Supplemental Regulations .
(3) Solar Energy Systems, as permitted in
Section 30-410, Supplemental Regulations .
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(d) Special uses .
(1) Emergency shelters, transitional service
shelters for fifty (50) or fewer residents .
(2) Single or double-wide, manufactured home or
manufactured business unit for office
purposes only.
(3) Telecommunication tower, as permitted in
Section 30-404, Supplemental Regulations .
(4 ) Excursion gambling boat or floating gambling
facility, as permitted in Section 30-409,
Supplemental Regulations .
(5) Wind energy conversion systems, as permitted
in Section 30-410, Supplemental Regulations .
(6) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which . would
allow other buildings of the same nature as
a use-by-right .
(e) Standards .
(1) A site plan, meeting the requirements of
Chapter 25 of the City Code shall be
submitted and approved.
(2) All storage shall be within a fully enclosed
building or in an open yard so screened that
the materials, products or equipment are not
visible from the street or adjoining
property. Any outdoor storage shall be at
least one hundred (100) feet from any
residential zoning district or use.
(3) No building shall be used for residential
purposes, except for a night watchman or a
caretaker employed on the premises .
(4 ) Utilitarian areas, such as loading docks,
mechanical equipment, storage areas,
mechanical and electrical equipment, and
dumpsters shall be located in the rear or
side yard of the building.
(5) Lighting shall be designed to shine and
reflect away from any adjacent residential
areas and shall meet the requirements of
Chapter 25 of the City Code .
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(f) Height, area, bulk and setback requirements .
(1) Maximum Height: forty (40) feet excluding
silos, smoke stacks, and dust collection
systems .
(2) Minimum Lot Area : None .
(3) Minimum Lot Width: None.
(4 ) Minimum Yard Requirements:
a. Front yard: twenty-five (25) feet .
b. Rear yard: twenty-five (25) feet .
C. Side yard: none, except on a lot
abutting a residential district there
shall be a side yard of not less than
ten (10) feet on the side of the lot
abutting the residential district .
(5) Maximum Building Coverage: None.
(g) Open space, landscaping and bufferyard
requirements .
(1) A minimum of fifteen (15) percent of the
total lot area shall be devoted to open
space, including required yard and
bufferyards .
(2) Landscaping shall be provided as required in
Chapter 25 of the City Code .
(3) A 20-foot wide bufferyard shall be required
adjacent to any property in the AG, RE, R-1,
R-2, R-3, R-4 , R-5, RUMD and RMH zoning
districts . This bufferyard shall comply
with the requirements of Chapter 25 of the
City Code .
(h) Parking regulations .
Off-street parking and loading spaces shall be
provided in accordance with the requirements for
specific uses set forth in Section 30-501 .
Section 30-336 . M-2 , Heavy Manufacturing/
Industrial District.
(a) Purpose.
This district is intended for heavy industrial
uses and many other uses which are not otherwise
provided for in the other industrial district .
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The intensity of uses permitted in this district
makes it necessary to separate it from all
residential districts, whenever possible. Good
accessibility should be provided to major rail,
air facilities and highways .
(b) Permitted uses .
(1) Manufacturing, fabrication, assembly,
processing, or packaging of any commodity,
except : facilities producing or processing
explosives or flammable gases or liquids;
animal slaughtering, meat packing, or
rendering; sulphur plants, rubber
reclamation plants, steel mills, foundries
or smelters .
(2) Any establishment . which provides supplies or
services primarily to commercial and
industrial, customers, such as janitorial
services, sign shops, packaging or shipping
services, locksmiths, or printing,
lithographing, engraving, photocopying,
blueprinting, publishing and binding
establishments .
(3) Any manufacturing, production, processing,
cleaning, servicing, testing, repair or
storage of materials, goods or products, and
any business and sales offices accessory
thereto.
(4 ) Bulk storage of flammable liquids for
wholesale, subject to the provisions of the
City and State Fire Codes .
(5) Central mixing plants for cement, asphalt,
or paving material .
( 6) The extraction of sand, gravel, and other
raw materials requiring the . removal of an
overburden above the deposit, however, any
bulk storage of extraction material or
overburden, any processing or extraction
machinery, and the open face of any cut,
shall be at least twenty-five (25) feet from
the property line.
(7) Heavy machinery and equipment sales, rental
and service .
(8) Junk yards, scrap and salvage yards .
(9) Manufacturing and production of paving,
roofing and other construction material,
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using asphalt or petroleum based coatings or
preserving materials .
(10) Primary and secondary metal industries that
manufacture, produce, smelt or refine
ferrous and non-ferrous metals .
(11) Recycling center.
(12) Vehicle fueling stations, including service,
repair, body and fender repair, and paint
shops .
(13) Wastewater and water treatment facilities .
(14 ) Terminals for trucks, buses, rail and
watercraft .
(15) Marina or dock.
(c) Permitted uses (accessory) .
(1) Dwelling or lodging units, but only for
watchman, caretakers, or other personnel
whose residence is essential to the
operation of a permitted or special use .
(2) Accessory buildings and uses customarily
incidental to the above uses, as permitted
in Section 30-403, Supplemental Regulations .
(3) Solar energy systems, as permitted in
Section 30-410, Supplemental Regulations .
(d) Special uses .
(1) Collection and transfer facilities for
hazardous wastes, and solid wastes that
contain hazardous substances from off-site
sources .
(2) Jails, prisons or detention facilities .
(3) Telecommunication tower, as permitted in
Section 30-404, Supplemental Regulations .
(4 ) Excursion gambling boat or floating gambling
facility, as permitted in Section 30-409,
Supplemental Regulations .
(5) Wind energy conversion systems, as permitted
in Section 30-410, Supplemental Regulations .
(6) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would
allow other buildings of the same nature as
a use-by-right .
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(e) Standards .
(1) A site plan, meeting the requirements of
Chapter 25 of the City Code shall be
submitted and approved.
(2) No junk yard, scrap, or salvage yard shall
be located within five hundred (500) feet of
any residential use .
(3) Lighting shall be designed to shine and
reflect away from any adjacent residential
areas and shall meet the requirements of
Chapter 25 of the City Code .
(f) Height, area, bulk and setback requirements .
(1) Maximum Height: forty (40) feet, excluding
silos, smoke stacks, and dust collection
systems .
(2) Minimum Lot Area : None.
(3) Minimum Lot Width: None .
(4 ) Minimum Yard Requirements:
a. Front yard: twenty-five (25) feet .
b. Rear yard: twenty-five (25) feet .
C. Side yard: none, except on a lot
abutting a residential district or use
there shall be a side yard of not less
than twenty (20) feet on the side of
the lot abutting the residential
district or use.
(5) Maximum Building Coverage: None .
(g) Open space, landscaping and bufferyard
requirements .
(1) A minimum of fifteen (15) percent of the
total lot area shall be devoted to open
space, including required yard and
bufferyards .
(2) Landscaping shall be provided as required in
Chapter 25 of the City Code .
(3) A 20-foot wide bufferyard shall be required
adjacent to any property in the AG, RE, R-1,
R-2, R-3, R-4, R-5, RUMD, RMH and C-1 zoning
districts . This bufferyard shall comply
with the requirements of Chapter 25 of the
City Code.
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(h) Parking regulations .
Off-street parking and loading spaces shall be
provided in accordance with the requirements for
specific uses set forth in Section 30-501 .
Section 30-340 . Other Districts .
Section 30-341 . Planned Development District.
(a) Purpose.
The purpose of the Planned Development District
is to provide for greater flexibility in the
development of land that is not possible to
achieve in conventional zoning districts . This
district is intended to encourage a more creative
and innovative design and to promote a more
desirable community. The objectives of the
Planned Development District are:
(1) Promote site planning that better adapts to
site conditions and surrounding properties
(2) Allow for a diversity of uses permitted and
variation in uses, structures, open space
and height of structures
(3) Promote the creation of open space areas and
the preservation of natural features of a
development site
(4 ) Ensure efficient and effective traffic
circulation
Planned Development Districts can allow for
flexibility in terms of density, uses and bulk
regulations . These districts should be designed
to lessen congestion in the streets, to secure
public safety, to promote the health and general
welfare of the public, to prevent the
overcrowding of land, to preserve natural
features, and to facilitate the adequate
provision of transportation, water, sewage,
schools and parks .
Approval of a Planned Development District, also
known as a "PD district, " shall constitute an
amendment to the zoning ordinance . Designation
of a property as a PD district in accordance with
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an approved development plan shall supersede all
existing and prior zoning classifications . All
properties receiving this designation shall for
zoning purposes be identified by the letters "PD"
followed by an identifying number. A development
plan shall be approved in conjunction with the
rezoning of a tract to the PD district . The
development plan shall specify both for the
project as a whole and for subareas within the
project, as appropriate, those principal and
accessory uses and development densities that are
to be permitted. The City Council may include or
exclude uses from the development plan, or
include uses with attached conditions as
appropriate, to achieve the intent of these
provisions . In making its determination of the
uses and development densities to be permitted
within the PD district, the Council may consider
the compatibility and relationship of uses within
the project, the compatibility and relationship
of permitted uses adjoining or in proximity to
the PD district, the appropriateness of permitted
uses for the area in general and their overall
impact on the community, and the consistency of
the permitted uses with other adopted plans and
policies .
(b) General standards .
The approved Final Development Plan shall provide
detail regarding density, lot dimensions, maximum
height of structures, setbacks, and the provision
of off-street parking and loading spaces . No
Planned Development District shall be allowed
which would result in: 1) inadequate or unsafe
vehicular access; 2) an undue burden on public
parks, recreation areas, schools, or the
provision of other City services; 3) substantial
detriment to the surrounding area; or 4 )
otherwise create substantial adverse impacts on
the public health, safety or welfare. It shall
be the responsibility of the applicant for a
Planned Development District . to demonstrate that
the above factors are avoided or mitigated to a
level that is acceptable to the City.
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(c) Minimum district size.
The minimum site size for a Planned Development
(PD) District shall be three (3) acres .
(d) Application and process .
An application for approval of a development plan
and PD zoning may be filed by the owner of the
property which is the subject of the application.
Applications for PD district designation shall be
processed pursuant to a three-step review process
as specified in this section. The three-step
process shall include :
(1) a sketch plan;
(2) a Preliminary Development Plan; and
(3) a Final Development Plan.
(e) Sketch plan.
Prior to filing a Preliminary Development Plan,
the applicant shall prepare a sketch plan of the
proposed planned development for review by the
Director of Development Services, and such other
City staff as the Director may desire . The
Director of Development Services shall coordinate
sketch plan review of the proposed planned
development . Upon completion of the sketch plan
review, the Director of Development Services
shall provide the applicant with written comments
with respect to the proposed planned development
and shall also provide such recommendations as
may inform and assist the applicant in preparing
an application for approval of a PD district .
(f) Preliminary development plan.
The Preliminary Development Plan is intended to
provide the applicant with an opportunity to
submit a plan showing the basic concept,
character, and nature of the entire proposed
planned development without becoming involved in
the preparation of detailed development plans or
engineering drawings . In order to permit the
City and the applicant to proceed with some
assurance, approval of the Preliminary
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Development Plan binds the applicant and the City
with respect to the following development
constraints :
(1) Categories of uses to be permitted;
(2) Overall maximum density of residential uses
and intensity of non-residential uses;
(3) General location of vehicular and pedestrian
circulation systems;
(4 ) General location and extent of public and
private open space;
(5) General location of residential and non-
residential land uses; and
(6) Phasing of development .
(g) Application for preliminary development plan.
Upon completion of the sketch plan requirements,
an application for a Preliminary Development Plan
may be submitted. Five (5) copies of
applications for approval of a Preliminary
Development Plan shall be submitted to the
Director of Development Services . The
application for a Preliminary Development Plan
shall be in such form and shall contain such
information and documentation as shall be
prescribed from time to time by the Director of
Development Services in written rules, but shall
in all instances contain at least the following
information and documentation, which information
and documentation, taken together, shall
constitute a Preliminary Development Plan:
(1) The applicant' s name and contact
information.
(2) The names and contact information of all
professional consultants advising the
applicant with respect to the proposed
planned development .
(3) The legal description of the subject
property.
(4 ) The names and addresses of all adjacent
property owners .
(5) The zoning district classification and
present use of the subject property.
(6) One (1) or more maps at a scale of not less
than one (1) inch to two hundred (200) feet
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delineating the existing physical
characteristics of the site, including:
a. Topography at contours not more than
five (5) feet;
b. Slopes of fifteen (15) percent or more;
C. Property boundary lines and dimensions,
available utilities and easements,
roadways, rail lines and public rights-
of-way crossing and adjacent to the
subject property;
d. Watercourse, drainage ways, sinkholes,
groundwater recharge areas, ponds,
lakes and bodies of water;
e . A generalized description of vegetation
and tree cover;
f. Marshes and floodplains, including the
delineation of the 100-year floodplain,
where applicable;
g. Drainage patterns;
h. Other physical features that may affect
the development of the property.
(7) A map depicting both the existing
development of the subject property and
appropriate adjacent property which shows
the approximate location of existing
streets, property lines, easements, water
mains, and storm and sanitary sewers .
(8) A written statement, with supporting
graphics, generally describing: the overall
concept of the proposed planned development,
the market which it is intended to serve;
the uses included and any limitations upon
uses; a description of the general
architectural design or theme to be
employed; building types and prototypical
site layouts, if appropriate; any proposed
agreement, dedications or easements; any
proposed private covenants and restrictions;
and any other information pertinent to the
proposal .
(9) One (1) or more maps at a scale of not less
than one (1) inch to two hundred (200) feet
and a written description of the proposed
planned development describing the following
features of the project :
a . A general land use plan with a
description of the type, location, and
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nature of land use within each area of
the development;
b. A proposed traffic circulation concept
which illustrates both external and
internal trafficways related to the
development, including proposed rights-
of-way, travel lanes and other
transportation improvements;
C. A generalized layout and description of
water service, sanitary sewerage,
utilities, refuse collection,
management of stormwater runoff and
similar essential services;
d. A generalized landscape plan for the
development, including the buffer and
perimeter areas;
e . A delineation and description of the
minimum open space area, including the
buffer and perimeter areas;
f. A description of screening and berming
adjacent to existing residential areas;
and
g. A sign plan that coordinates the size,
location, and illumination of proposed
signage within the development .
(10) A tabulation of the following information:
a. The approximate total number of
. dwelling units proposed, by type of
structure and approximate number of
bedrooms for multi-family units;
b. The approximate total square feet of
building floor area proposed for each
general type of non-residential uses;
C. The total land area, expressed in acres
and as a percent of the total
development area, proposed to be
devoted to residential and non-
residential uses including types of
structures, streets, public and private
open space, and off-street parking and
loading areas; and
d. The proposed number of off-street
parking and loading spaces for each
proposed type of land use.
(11) Construction in phases : if the planned
development is proposed for construction in
phases, a proposed and tentative schedule
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for the development of such phases shall be
submitted, stating the approximate beginning
and completion' date for each phase, the
proportion of the total public and private
open space, and the proportion of each type
of proposed land use to be provided or
constructed during each such phase; and the
overall chronology of development to be
followed from phase to phase . All public
improvements directly related to each phase
shall be completed at the time the phase is
developed. Improvements serving the
proposed planned development as a whole and
any adjoining area in the planned
development shall be completed in a sequence
assuring full utility of the planned
development as a whole and all areas within
the planned development . All public
improvements shall also be completed so that
future public improvements required by any
applicable ordinances of the City are not
compromised or rendered unduly difficult .
(12) Traffic impact analysis : a traffic impact
analysis indicating the relationship of the
proposed development to traffic, road use,
and development plans in the immediately
surrounding areas .
(h) Public notice and hearing before the Planning and
Zoning Commission.
A public hearing on the Preliminary Development
Plan shall be set and conducted by the Planning
and Zoning Commission within forty (40) days of
the filing of a complete application for approval
of a Preliminary Development Plan. At least
fifteen (15) days notice of the time and place of
a public hearing before the Planning and Zoning
Commission shall be published in a newspaper of
general circulation in the City. Additionally, a
notice of the public hearing shall be posted on
the subject property and letters to all adjacent
property owners shall be mailed at least seven
(7) days prior to the public hearing. The
applicant shall pay the actual costs of all such
notifications .
105
(i) 'Action by the Planning and Zoning Commission.
Within forty (40) days following the conclusion
of the public hearing, unless a delay is
requested by the applicant, the Planning and
Zoning Commission shall transmit to the City
Council its recommendation that the Preliminary
Development Plan either be approved, be approved
subject to modifications, or not be approved. In
considering the Preliminary Development Plan and
formulating its recommendation, the Planning and
Zoning Commission shall be guided by the
standards set forth in this Section. The failure
of the Planning and Zoning Commission to act
within forty (40) days following the conclusion
of such hearing, or such longer period as may be
agreed to by the applicant, shall be deemed a
recommendation for the denial of the Preliminary
Development Plan as submitted.
(j ) Public notice and hearing before the City
Council.
A public hearing on the Preliminary Development
Plan shall be set and conducted by the City
Council within thirty (30) days of action or
failure to act by the Planning and Zoning
Commission in accordance with the provisions of
this Section. At least fifteen (15) days notice
of the time and place of a public hearing before
the City Council shall be published in a
newspaper of general circulation in the City.
Additionally, a notice of the public hearing
shall be posted on the subject property and
letters to all adjacent property owners shall be
mailed at least seven (7) days prior to the
public hearing. The applicant shall pay the
actual costs of all such notifications .
(k) Action by the City Council.
Within thirty (30) days following the conclusion
of the public hearing, unless a delay is
requested by the applicant, the City Council
shall either refuse to approve the Preliminary
Development Plan; shall refer it back to the
Planning and Zoning Commission for further
106
consideration of specified matters; or shall, by
ordinance duly adopted, approve the Preliminary
Development Plan, with or without modifications
to be accepted by the applicant as a condition of
such approval; provided, however, that if such
plan is approved with modifications, no
application for approval of a Final Development
Plan shall be filed or considered until the
applicant has filed with the Director of
Development Services his written consent to such
modifications . In the event the City Council
shall fail to act within the time limit herein
specified, the Preliminary Development Plan shall
be deemed finally denied.
(1) Effect of Preliminary Development Plan approval .
Unless the applicant shall fail to meet time
schedules for filing a Final Development Plan or
Plans, or shall fail to proceed with development
in accordance with the plans as approved, or
shall in any other manner fail to comply with any
condition of this Section or any approval granted
pursuant to it, a Preliminary Development Plan
which has been approved, or approved with
modifications which have been accepted by the
applicant, shall not be modified, revoked or
otherwise impaired, pending the application for
approval of a Final Development Plan or Plans, by
any action of the City without the consent of the
applicant .
(m) Density.
(1) For non-residential development, the
intensity of development may be regulated:
a . by specifying a Floor Area Ratio (FAR)
or Ratios;
b. by specifying maximum square footage or
gross leasable area;
C. by specifying setbacks, height and bulk
restrictions; or
d. by a combination of the restrictions
set out in sub-paragraphs (a) , (b) or
(c) hereinabove for the project as a
whole or for components or subareas
within the project . In addition, non-
- - - 107
residential Preliminary Development
Plans may specify performance standards
to be imposed on the project and
restrictions regarding the location and
nature of industrial, commercial, and
other non-residential activities . In
making its determination regarding the
intensity of development and
appropriate performance standards, the
City Council may consider the character
and scale of similar development, the
character and scale of surrounding
development and the area in general,
and the real or anticipated impact on
public facilities and services .
(2) The permitted number of dwelling units may
be distributed in any manner over the
residential portion of the project
consistent with the intent and provisions of
this Section. The Preliminary Development
Plan shall specify distribution of
residential density for the project as a
whole or for subareas within the project .
In making its determination regarding the
distribution' of residential densities, the
City Council may consider the compatibility
of residential densities with other uses
within the district as well as outside the
district and the impact of residential
densities on public facilities and services .
(n) Bulk, area and height requirements .
The Preliminary Development Plan shall specify
bulk, area, and height restrictions for the
project as a whole, for subareas, and for
components of the project . In making its
determination regarding such restrictions, the
Council may consider the character and scale of
the proposed development as it relates to other
uses and structures both within the district and
outside the district, and the general character
and scale of similar development within the area
of the proposal .
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(o) Open space.
Common open space shall comprise at least twenty
(20) percent of the gross area of the total
development . Common open space shall be used for
recreational, park or environmental amenity
purposes for the collective enjoyment of the
occupants of the development . Of the required
common open space, up to one-half of it may be
covered by water, floodplain, stormwater
detention/retention facilities, or left in a
natural state which does not violate the nuisance
provisions of the City Code. To the extent
practicable, common open spaces shall be
distributed equitably throughout the development
in relation to the dwelling units which such
common open space is intended to serve . The open
space shall not be relegated to only isolated
areas of unusable land, but shall be highly
accessible, either physically or visually, to the
majority of the residents of the development .
Common open space shall be maintained by a
property owners association or may be conveyed to
a public entity which will agree to maintain the
common open space and facilities, subject to City
Council approval .
(p) Perimeter buffer requirements .
Where a PD district is adjacent to an existing
residential area or an area zoned for residential
uses, there shall be a minimum 30-feet wide
bufferyard, which shall be free of structures or
parking areas and shall be landscaped with trees
and shrubs, or preserved with natural features so
that the PD district is visually obscured from
the abutting residential properties . All
landscaping shall be maintained in a healthy,
neat and weed-free growing condition.
(q) Public facilities .
The Preliminary Development Plan shall specify
conditions, restrictions and standards relating
to the timely provision of necessary public
facilities . In making its determination
regarding such conditions, restrictions and
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standards, the City Council may consider the
adequacy of existing facilities, the timely
provision of adequate facilities, the impact of
the proposed development on existing and planned
facilities, and the overall cost to the
community.
(r) Access to public thoroughfares .
The . Preliminary Development Plan shall specify
the location and general design of ingress and
egress to the project along with any proposed
access restrictions . The City Council may impose
such access standards and restrictions as are
necessary to protect the integrity and function
of, the City' s thoroughfare system and to ensure
the safe and efficient circulation of vehicles
and pedestrians within the PD district. In
making its determination regarding such access
standards and restrictions, the City Council may
consider the classification and function of the
thoroughfare system, existing and projected
volumes, the condition and design of the affected
thoroughfares, the effect of the proposed
development on traffic flow and circulation
patterns, and the consistency with other adopted
plans and policies .
(s) Final development plan; purpose.
The Final Development Plan is intended to provide
more detail, and to refine and implement the
Preliminary Development Plan. A Final
Development Plan may be submitted for the entire
planned development or in phases as approved in
the Preliminary Development Plan. When approving
the Preliminary Development Plan, the City
Council may permit review and approval of the
Final Development Plan in its entirety or for
specified portions of the project by the Planning
and Zoning Commission.
(1) Application.
Upon approval of the Preliminary Development
Plan, the applicant shall submit an
application for Final Development Plan
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approval to the Director of Development
Services . The application for Final
Development Plan may include the entire area
included in the approved Preliminary
Development Plan or one or more stages or
phases thereof in accordance with a staging
plan approved as part of the Preliminary
Development Plan. The application shall
contain a plan which refines, implements and
is in substantial conformity with the
approved Preliminary Development Plan, and
shall contain such information and
documentation as shall be prescribed from
time to time by the Planning and Zoning
Commission, but it shall in all instances
contain at least the following information
and documentation, which information and
documentation, taken together, shall
constitute a Final Development Plan:
a . The applicant' s name and contact
information.
b. A legal description of the property for
which Final Development Plan approval
is sought .
C. The date on which Preliminary
Development Plan approval was granted.
d. A preliminary plat of subdivision that
includes a survey certified by a
registered land surveyor.
e. A tabulation of the following
information with respect to the area
included in the Final Development Plan:
i . The total number of dwelling units
proposed, by type of structure and
number of bedrooms for multi-
family units;
ii . The total square feet of building
floor area proposed for each
general type of non-residential
use;
iii . The total land area, expressed in
acres and as a percent of the
total development area, proposed
to be devoted to residential uses
and non-residential uses,
including types of structures;
public and private open space;
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streets, and off-street parking
and loading areas; and
f. The proposed number of off-street
parking and loading spaces for each
proposed type of land use.
g. A landscape plan specifying the design,
description and arrangement of
landscaping for all open space, buffer
and perimeter areas in the PD district,
including materials and techniques to
be used; and a statement and plan of
the proposed treatment of the buffer
and perimeter areas of the proposed
planned development, including
materials and techniques to be used.
h. When the proposed planned development,
or stage thereof, includes provisions
for public or private open space or
service facilities, a statement
describing the provision that is to be
made for the dedication or care and
maintenance of such open space or
service facilities . If it is proposed
that such open space be owned or
maintained by any entity other than a
governmental authority, copies of the
proposed articles of incorporation and
by-laws, or other establishing and
governing documents, of such entity
shall be submitted.
i . Copies of any restrictive covenants
that are to be recorded with respect to
property included in the Final
Development Plan.
j . Utility plans, indicating placement and
sizes of all public utilities, as
appropriate.
k. A statement summarizing all changes
which have been made in any document,
plan, data or information previously
submitted, together with revised copies
of any such document, plan or data. .
1 . Proof of recording any easements and
restrictive covenants prior to the sale
of any land or structure or portion
thereof within the planned development,
and proof of the establishment and
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activation of any entity that is to be
responsible for the management and
maintenance of any public or private
common open space or service facility.
M. Such other and further information as
the Planning and Zoning Commission and
City Council shall find necessary for
full consideration of the entire
proposed planned development or any
stage or unit thereof.
(2) Substantial conformity defined.
A Final Development Plan shall be deemed not
to be in substantial conformity with an
approved Preliminary Development Plan if it :
a . Increases by more than five (5) percent
from the maximum density approved in
the Preliminary Development Plan.
b. Increases by more than five (5) percent
the maximum floor area to be devoted to
any non-residential use .
C. Increases the height of buildings by
more than five (5) percent .
d. Decreases by more than five (5) percent
the area approved for public and
private open space, or changes the
general location of such areas .
e . Relocates approved circulation patterns
to any extent that would decrease the
ability of such patterns to function
efficiently, adversely affect their
relation to surrounding lands and
circulation patterns, or would reduce
their effectiveness as buffers or
amenities .
f. Significantly alters the arrangement of
land uses within the planned
development .
g. Violates any provision of the codes and
ordinances applicable to the proposed
planned development, or
h. Departs from the Preliminary
Development Plan in any other manner
which the Planning and Zoning
Commission or City Council shall, based
on stated findings and conclusions,
113
find to materially alter the plan or
concept for the proposed planned
development .
(3) Action by planning and zoning commission.
Within forty (40) days following the
submission of a complete application for the
Final Development Plan, or such longer
period as may be agreed to by the applicant,
the Planning and Zoning Commission shall
review the plan with respect to its
conformity to the approved Preliminary
Development Plan; with respect to the merit
or lack of merit of any departure of the
Final Development Plan from substantial
conformity with the Preliminary Development
Plan; and with respect to compliance of the
Final Development Plan with any conditions
imposed by approval of the Preliminary
Development Plan, and with the provisions of
this Section and all other applicable
federal, state and city codes, ordinances
and regulations .
If the Planning and Zoning Commission finds
that there is substantial conformity between
such Plans, and shall further find the Final
Development Plan to be in all other respects
complete and in compliance with any
conditions imposed by approval of the
Preliminary Development Plan, and with the
provisions of the Section and all other
applicable Federal, State and City codes,
ordinances and regulations, it shall approve
the Final Development Plan. Planning and
Zoning Commission action. shall constitute
final approval of the Final Development
Plan.
If the Planning and Zoning Commission shall
find that the Final Development Plan lacks
substantial conformity to the Preliminary
Development Plan but merits approval
notwithstanding such lack of conformity, it
shall transmit such plan to the City Council
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together with its recommendation that the
Final Development Plan be approved.
In any case where the Planning and Zoning
Commission finds that the Final Development
Plan lacks substantial conformity to the
Preliminary Development Plan and does not
merit approval, it shall transmit such plan
to the City Council, together with its
recommendation that the Final Development
Plan not be approved. The failure of the
Commission to act within the aforesaid time
period shall be deemed a recommendation to
the City Council to deny the Final
Development Plan as submitted.
(4 ) Action by city council .
Within forty-five (45) days, or such longer
period as may be agreed to by the applicant,
following the action of the Planning and
Zoning Commission, or its failure to act as
provided, the City Council shall either
refuse to approve the Final Development
Plan, shall refer it back to the Planning
and Zoning Commission for further
consideration of specified matters, or
shall, by ordinance duly adopted, approve
the Final Development Plan, with or without
modifications, to be accepted by the
applicant as a condition of such approval .
The failure of the City Council to act
within the aforesaid time period shall be
deemed a final denial of the Final
Development Plan approval .
(t) Notice and recording of final development plan.
Within seven (7) days following the final
disposition of an application for Final
Development Plan approval, the Secretary of the
Planning and Zoning Commission shall mail notice
thereof to the applicant and to all city
officials, departments, boards and commissions
whose duties might be affected by such
disposition. When a Final Development Plan is
approved, the Secretary shall, within ten (10)
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days of its approval, file a copy of the entire
Final Development Plan in the permanent records
of the Planning and Zoning Commission.
(u) Building and other permits .
Upon, but not before, receiving notice from the
Secretary of the Planning and Zoning Commission
that the Final Development Plan has been
approved, and upon application by the applicant,
all appropriate officials of the City may issue
building and other permits to the applicant for
development, construction and other work in the
area encompassed by the approved Final
Development Plan; provided, however, that no such
permit shall be issued unless the appropriate
official is first satisfied that the requirements
of any codes or ordinances of the City have been
met which are applicable to the permit sought .
(v) Adjustments to plan during development.
During the construction of a Planned Development,
the Director of Development Services may
authorize minor adjustments to the final
Development Plan which are within substantial
conformity of the final Development Plan, as
defined in Section 30-341 (s) (2) .
(w) Amendments to final development plan.
In addition to the minor adjustments authorized
in the preceding Section, an approved Final
Development Plan may be amended, varied or
altered in the same manner, and subject to the
same limitations, as any other regulation
established by this Section. In addition, an
approved Final Development Plan may be amended or
altered pursuant to the procedures established by
this Section for its original approval .
(x) Compliance with final development plan.
The construction and operation of a planned
development shall be in compliance with the
approved Final Development Plan at all times .
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Section 30-342 . A-1, Airport District
(a) Purpose.
The purpose of this district is intended to
regulate development of land surrounding the Cape
Girardeau Regional Airport . To promote
compatible land uses with the airport and
associated uses of surrounding land, along with
protecting the airport from incompatible
development .
(b) Permitted uses .
(1) Public airport owned and/or operated by a
general or special purpose unit of
government, to include all air-side support
facilities necessary for operation.
(2) General commercial aviation, air charter
service, aircraft maintenance, pilot
training, and scheduled air passenger and
freight services .
(3) Automobile and aircraft parking and storage .
(4) Aircraft and aircraft parts repair,
reconstruction, construction or maintenance .
(5) Offices and office buildings .
( 6) Warehousing.
(c) Permitted uses (accessory) .
(1) Motor fuel filling, dispensing and storage
for vehicles and aircraft .
(2) Agricultural use, limited to row crop
production and excluding the raising of
trees or animals, subject to applicable
F.A.A. regulations .
(3) Public parks, playgrounds and recreational
facilities .
(4) Hotels .
(5) Food service, including restaurants and food
dispensing.
(6) Advertising signs, limited to on-premises
signs advertising the name and services of a
business located in this district .
(7) Billboards, but only in conformance with
Section 30-502 of this Chapter.
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(8) Any sign erected and maintained pursuant to
and in the discharge of a governmental
function or required by law, ordinance or
governmental regulation. In addition, any
sign referred to in subsections (6) , (7) ,
and (8) herein must also comply with the
Rules and Regulations of the Cape Girardeau
Regional Airport, any applicable state or
federal law, and receive prior written
approval from the airport manager.
(d) Special uses .
(1) General retail sales .
(2) Any use permitted in the (M-1) light
industrial and (M-2) heavy industrial
districts .
(3) Public utilities, except for buildings and
accessory structures that are normal and
customary in a zoning district which would
allow other buildings ' of the same nature as
a use-by-right .
(e) Height, area, bulk and setback requirements .
(1) Maximum Height : two (2) stories not to
exceed thirty (30) feet .
(2) Minimum Lot Area : None .
(3) Minimum Lot Width: None .
(4) Minimum Yard Requirements:
a. Front, Rear and Side Yard: twenty-five
(25) feet 'for front and rear, ten (10)
feet for side yard. Front, rear and
side yard requirements do .not apply to
structures constructed on or
immediately adjacent to any runway or
aircraft apron at the Cape Girardeau
Regional Airport .
(5) Maximum Building Coverage: None .
(f) Open space, landscaping and bufferyard
requirements .
(1) Open space : None.
(2) Landscaping shall be provided as required in
Chapter 25 of the City Code.
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(3) A 20-foot wide bufferyard shall be required
adjacent to any property in the AG, RE, R-1,
R-2, R-3, R-4 , R-5, RUMD and RMH zoning
districts . This bufferyard shall comply
with the requirements of Chapter 25 of the
City Code.
(g) Height regulations; definitions .
As used in this Section, the words and phrases
set out below shall have the following meanings,
unless the context requires otherwise:
(1) Airport : Cape Girardeau Regional Airport .
(2) Airport elevation: the highest point of an
airport' s usable landing area measured in
feet from sea level .
(3) Approach surface: a surface longitudinally
centered on the extended runway centerline,
extending outward and upward from the end of
the primary surface and at the same slope as
the approach zone height limitation slope
set forth in Section 30-342 (1) . In the
airspace plan, the perimeter of the approach
surface coincides with the perimeter of the
approach zone .
(4 ) Approach, transitional, horizontal, and
conical zones: these zones are set forth in
Section 30-342 (h) .
(5) Conical surface: a surface extending outward
and upward from the periphery of the
horizontal surface at a slope of twenty (20)
to one (1) for a horizontal distance of four
thousand (4, 000) feet .
(6) Hazard to air navigation : an obstruction
determined to have a substantial adverse
effect on the safe and efficient utilization
of the navigable airspace .
(7) Height: for the purpose of determining the
height limits in all zones set forth in this
Section and shown on the airspace plan, the
datum shall be mean sea level elevation
unless otherwise specified.
(8) Horizontal surface: a horizontal plane one
hundred fifty (150) feet above the
established airport elevation, the perimeter
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of which in the airspace plan coincides with
the perimeter of the horizontal zone.
(9) Nonconforming use: any preexisting
structure, object of natural growth, or use
of land which is inconsistent with the
provisions of this Section, or any amendment
thereto.
(10) Nonprecision instrument runway: a runway
having an existing instrument approach
procedure utilizing air navigation
facilities with only horizontal guidance, or
area type navigation equipment, for which a
straight-in nonprecision instrument approach
procedure has been approved or planned.
(11) Obstruction: any structure, growth or other
object, including a mobile object, which
exceeds a limiting height set forth in 30-
342 (i) .
(12) Person: an individual, firm, partnership,
corporation, company, association, joint
stock association or governmental entity;
includes a trustee, a receiver, an assignee
or similar representative of any of them.
(13) Precision instrument runway: a runway
having an existing instrument approach
procedure utilizing an instrument landing
system (ILS) or precision approach radar
(PAR) . It also means a runway for which a
precision approach system is planned and is
so indicated on an approved airport layout
plan or any other planning document .
(14 ) Primary surface: a surface longitudinally
centered on a runway. When the runway has a
specially prepared hard surface, the primary
surface extends two hundred (200) feet
beyond each end of that runway. The width
of the primary surface is set forth in
Section 30-342 (h) . The elevation of any
point on the primary surface is the same as
the elevation of the nearest point on the
runway centerline .
(15) Runway: a defined area of an airport
prepared for landing and take-off of
aircraft along its length.
(16) Structure: An object, including a mobile
object, constructed or installed by man,
including, but without limitation,
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buildings, towers, cranes, smokestacks,
earth formation and overhead transmission
lines .
(17) Transitional surfaces: These surfaces
extend outward at ninety-degree angles to
the runway centerline and the runway
centerline extended at a slope of seven (7)
feet horizontally for each foot vertically
from the sides of the primary and approach
surfaces to where they intersect the
horizontal and conical surfaces; also,
transitional surfaces for those portions of
the precision approach surfaces, which
project through and beyond the limits of the
conical surface, extended a distance of five
thousand (5, 000) feet measured horizontally
from the edge of the approach surface and at
ninety-degree angles to the extended runway
centerline .
(18) Tree: any object of natural growth.
(19) Utility runway: a runway that is
constructed for and intended to be used by
propeller driven aircraft of twelve thousand
five hundred (12, 500) pounds maximum gross
weight or less .
(20) Visual runway: a runway intended solely for
the operation of aircraft using visual
approach procedures .
(h) Airport Zones .
In order to carry out the provisions of this
Section, there are hereby created and established
certain zones which include all the land lying
beneath the approach surfaces, transitional
surfaces, horizontal surfaces, and conical
surfaces as they apply to the Cape Girardeau
Regional Airport . Such zones are shown in the
most recent approved Airport Layout Plan which is
incorporated into this Article and made a part
hereof as though fully set out herein.
An area located in no more than one (1) of the
following zones is considered to be only in the
zone with the more restrictive height limitation.
The various zones are hereby established and
defined as follows :
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(1) Runway 20 visual approach zone. The inner
edge of this approach zone coincides with
the width of the primary surface and is five
hundred (500) feet wide . The approach zone
expands outward uniformly to a width of one
thousand two hundred fifty (1, 250) feet at a
horizontal distance of five thousand (5, 000)
feet from the primary surface. Its
centerline is the continuation of the
centerline of the runway.
(2) Runway 02 non-precision instrument approach
zone. The inner edge of this approach zone
coincides with the width of the primary
surface and is five hundred (500) feet wide.
The approach zone expands outward uniformly
to a width of two thousand (2, 000) feet at a
horizontal distance of five thousand (5, 000)
feet from the primary surface. Its
centerline is the continuation of the
centerline of the runway.
(3) Precision instrument runway 10 approach
zone. The inner edge of this approach zone
coincides with the width of the primary
surface and is one thousand (1, 000) feet
wide . The approach zone expands outward
uniformly to a width of sixteen thousand
(16, 000) feet at a horizontal distance of
fifty thousand (50, 000) feet from the
primary surface . Its centerline is the
continuation of the centerline of the
runway.
(4 ) Runway 28 non-precision instrument approach
zone. The inner edge of this approach zone
coincides with the width of the primary
surface and is one thousand (1, 000) feet
wide . The approach zone expands outward
uniformly to a width of four thousand
(4, 000) feet at a horizontal distance of ten
thousand (10, 000) feet from the primary
surface. Its centerline is the continuation
of the centerline of the runway.
(5) Transitional zones. The transitional zones
are the areas beneath the transitional
surfaces .
(6) Horizontal zone. The horizontal zone is
established by swinging arcs of five
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thousand (5, 000) feet radii for all runways
designated as utility or visual, and ten
thousand (10, 000) feet radii for all others
measured from the center of each end of the
primary surface of each runway, and
connecting the adjacent arcs by drawing a
line tangent to these arcs . The horizontal
zone does not include the approach and
transitional zones .
(7) Conical zone. The conical zone is
established as the area that commences at
the periphery of the horizontal zone and
extends outward therefrom a horizontal
distance of four thousand (4, 000) feet .
(i) Airport zone height limitations .
Except as otherwise provided in this Section, no
structure shall be erected, altered or
maintained, and no tree shall be allowed to grow
in any zone created by this Article to a height
in excess of the applicable height limit herein
established for such zone . Such applicable height
limits are hereby established for each of the
zones in question as follows :
(1) Runway 20 visual approach zone. Slopes
twenty (20) feet outward for each foot
upward beginning at the end of and at the
same elevation as the primary surface and
extending to a horizontal distance of five
thousand (5, 000) feet along the extended
runway centerline .
(2) Runway 02 non-precision instrument approach
zone. Slopes twenty (20) feet outward for
each foot upward beginning at the end of and
at the same elevation as the primary surface
and extending to a horizontal distance of
five thousand (5, 000) feet along the
extended runway centerline .
(3) Precision instrument runway 10 approach
zone. Slopes fifty (50) feet outward for
each foot upward beginning at the end of and
at the same elevation as the primary surface
and extending to a horizontal distance of
ten thousand (10, 000) feet along the
extended runway centerline; thence slopes
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upward forty (40) feet horizontally for each
foot vertically to an additional horizontal
distance of forty thousand (40, 000) feet
along the extended runway centerline.
(4 ) Runway 28 non-precision instrument approach
zone. Slopes thirty-four (34 ) feet outward
for each foot upward beginning at the end of
and at the same elevation as the primary
surface and extending to a horizontal
distance of ten thousand (10, 000) feet along
the extended runway centerline .
(5) Traditional zones. Slopes seven (7) feet
outward for each foot upward beginning at
the sides of and at the same elevation as
the primary surface and the approach
surface, and extending to a height of one
hundred fifty (150) feet above the airport
elevation which is three hundred forty-two
(342) feet above mean sea level . In addition
to the foregoing, there are established
height limits sloping seven (7 ) feet outward
for each foot upward beginning at the sides
of and at the same elevation as the approach
surface, and extending to where they
intersect the conical surface . Where the
precision instrument runway approach zone
projects beyond the conical zone, there are
established height limits sloping seven (7)
feet outward for each foot upward beginning
at the sides of and at the same elevation as
the approach surface, and extending a
horizontal distance of five thousand (5, 000)
feet measured at ninety-degree angles to the
extended runway centerline.
(6) Horizontal zone. Established at one hundred
fifty (150) feet above the airport elevation
or at a height of four hundred ninety-two
(492) feet above mean sea level .
(8) Conical zone. Slopes twenty (20) feet
outward for each foot upward beginning at
the periphery of the horizontal zone and at
one hundred fifty (150) feet above the
airport elevation and extending to a height
of three hundred fifty (350) feet above the
airport elevation.
(10) Excepted height limitations. Nothing in
this article shall be construed as
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prohibiting the construction or maintenance
of any structure to a height of thirty (30)
feet, or growth of any tree to a height of
fifty (50) feet, above the surface of the
land.
(j ) Use restrictions .
Notwithstanding any other provision of this
Article, no use may be made of land or water
within any zone established by this Article in
such a manner as to create electrical
interference with navigation signals or radio
communication between the airport and aircraft,
make it difficult for pilots to distinguish
between airport lights and others, result in
glare in the eyes of pilots using the airport,
impair visibility in the vicinity of the airport,
create bird strike hazards, or otherwise in any
way endanger or interfere with the landing,
takeoff or maneuvering of the aircraft intending
to use the airport .
(k) Nonconforming uses .
(1) Regulations not retroactive. The
regulations prescribed by this Article shall
not be construed to require the removal,
lowering or other change or alteration of
any structure or tree not conforming to the
regulations as of the effective date of the
ordinance from which this article derives,
or otherwise interfere with the continuance
of such nonconforming use. Nothing contained
herein shall require any change in the
construction, alteration, or intended use of
any structure, the construction or
alteration of which was begun prior to the
effective date of the ordinance from which
this Article derives .
(2) Marking and lighting. Notwithstanding the
preceding provision of this Section, the
owner of any existing nonconforming
structure or tree is hereby required to
permit the installation, operation and
maintenance thereon of such markers and
lights as shall be deemed necessary by the
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airport manager to indicate to the operators
of aircraft in the vicinity of the airport
the presence of such airport obstruction.
Such markers and lights shall be installed,
operated and maintained at the expense of
the Cape Girardeau Regional Airport .
(1) Permits .
(1) Future uses. Except as specifically
provided in subsections (a) , (b) and (c)
hereunder, no material change shall be made
in the use of land, no structure shall be
erected or otherwise established, and no
tree shall be planted ' in any zone hereby
created unless a permit therefor shall have
been applied for and granted by the building
official . Each application for a permit
shall indicate the purpose for which the
permit is desired, with sufficient
particularity to permit it to be determined
whether the resulting use, structure or tree
would conform to the regulations herein
prescribed. If such determination is in the
affirmative, the permit shall be granted. No
permit for a use inconsistent with the
provisions of this article shall be granted
unless a variance has been approved in
accordance with Section 30-204 .
a . In the area lying within the limits of
the horizontal zone and conical zone,
no permit shall be required for any
tree or structure less than seventy-
five (75) feet of vertical height above
the ground, except when because of
terrain, land contour, or topographic
features, such tree or structure would
extend above the height limits
prescribed for such zones .
b. In areas lying within the limits of the
approach zones, but at a horizontal
distance of not less than four thousand
two hundred (4 , 200) feet from each end
of the runway, no permit shall be
required for any tree or structure less
than seventy-five (75) feet of vertical
height above the ground, except when
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such tree or structure would extend
above the height limit prescribed for
such approach zones .
C. In the areas lying within the limits of
the transition zones beyond the
perimeter of the horizontal zone, no
permit shall be required for any tree
or structure less than seventy-five
(75) feet of vertical height above the
ground, except when such tree or
structure, because of terrain, land
contour, or topographic features, would
extend above the height limit
prescribed for such transition zones .
Nothing contained in any of the foregoing
exceptions shall be construed as permitting
or intending to permit any construction, or
alteration of any structure, or growth of
any tree in excess of any of the height
limits established by this article except as
set forth in Section 30-164 (8) .
(2) Existing uses. No permit shall be granted
that would allow the establishment- or
creation of an obstruction, or permit a
nonconforming use, structure or tree to
become a greater hazard to air navigation
than it was on the effective date of this
Article or any amendments thereto, or than
it is when the application for the permit is
made. Except as indicated, all applications
for such a permit shall be granted.
(3) Nonconforming uses abandoned or destroyed.
Whenever the building official determines
that a nonconforming tree or structure has
been abandoned or more than eighty (80)
percent torn down, physically deteriorated,
or decayed, no permit shall be granted that
would allow such structure or tree to exceed
the applicable height limit or otherwise
deviate from the zoning regulations .
(4 ) Variances. Any person desiring to erect or
increase the height of any structure, or
permit the growth of any tree, or use
property, not in accordance with the
regulations prescribed in this Article, may
apply to the Board of Adjustment for a
127
variance from such regulations . The
application for variance shall be
accompanied by a determination from the
Federal Aviation Administration as to the
effect of the proposal on the operation of
air navigation facilities and the safe,
efficient use of navigable airspace. Such
variances shall only be allowed where it is
duly found that a literal application or
enforcement of the regulations will result
in unnecessary hardship, and that the relief
granted will not be contrary to the public
interest, and will not create a hazard to
air navigation facilities and the safe,
efficient use of navigable airspace. In
addition, such variances shall only be
allowed where it is duly found that the
relief granted will do substantial justice,
and will be in accordance with the spirit of
this Article. Additionally, no application
for variance to the requirements of this
Article may be considered by the Board of
Adjustment unless a copy of the application
has been furnished to the airport manager
for advice as to the aeronautical effects of
the variance. If the airport manager does
not respond to the application within
fifteen (15) days after receipt, the Board
of Adjustment may act on its own to grant or
deny said application.
(5) Obstruction marking and lighting. Any
permit or variance granted may, if such
action is deemed advisable to effectuate the
purposes of this Article and be reasonable
in the circumstances, be so conditioned as
to require the owner of the structure or
tree in question to install, operate and
maintain, at the owner' s expense, such
markings and lights as may be necessary. If
deemed proper by the Board of Adjustment,
this condition may be modified to require
the owner to permit the Cape Girardeau
Regional Airport at its own expense, to
install, operate and maintain the necessary
markings and lights .
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(m) Enforcement.
It shall be the duty of the building official to
administer and enforce the regulations prescribed
herein. Applications for permits and variances
shall be made to the building official upon a
form published for that purpose . Applications
required by this Article to be submitted to the
building official shall be promptly considered
and granted or denied. Application for action by
the Board of Adjustment shall be forthwith
transmitted by the building official .
(n) Conflicting regulations .
Where there exists a conflict between any of the
regulations or limitations prescribed in this
article and any other regulations applicable to
the same area, whether the conflict be with
respect to the height of structures or trees, and
the use of land, or any other matter, the more
stringent limitation or requirement shall govern
and prevail .
Section 30-350 . Overlay Districts .
Section 30-351 . NCON, Neighborhood Conservation
Overlay District.
(a) Purpose.
The Neighborhood Conservation Overlay District is
intended to provide a mechanism to initiate and
implement revitalization or conservation of older
areas or neighborhoods possessing distinct
features, identity or character worthy of
retention and enhancement . A Neighborhood
Conservation District (NOON) takes effect through
petition of the property owners of an identified
neighborhood. This overlay district will provide
additional guidelines that will facilitate
maintenance and protection of the neighborhood
character and the development of vacant land or
under-used lots . This overlay district is not
intended to take the place of a Local Historic
129
District, but to provide an additional method for
property owners to preserve neighborhoods .
The NCON Overlay District is intended to:
(1) Maintain neighborhood character and
integrity by focusing special attention on
the maintenance of the physical environment
in order to stabilize and enhance property
values .
(2) Promote the efficient use of urban land,
including the encouragement of infill
development of vacant and underutilized
parcels that is compatible with the area.
(3) Encourage and support the rehabilitation and
renovation of existing structures .
(4 ) Foster the harmonious, orderly and efficient
growth, development and redevelopment of the
neighborhood in a manner that accommodates
desirable change .
(b) General provisions .
(1) A Neighborhood Conservation Overlay District
may be enacted in conjunction with any
underlying zoning district or districts
within the City in accordance with the
provisions of' this Section. All regulations
of the underlying zoning district shall
apply to property within the Neighborhood
Conservation Overlay District .
(2) The Neighborhood Conservation Overlay
District shall be identified on the official
zoning map by the suffix (NCON) .
(3) An application for designation as a
Neighborhood Conservation Overlay District
may be initiated by:
a. A petition duly signed and acknowledged
by the owners of fifty-one (51) percent
or more of the areas of land within the
boundaries of the proposed overlay
district, provided that it includes at
least fifty-one (51) percent of the
owners of record of the subject
properties; and
b. A statement documenting the conditions
justifying Neighborhood Conservation
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designation and setting forth the
purposes of such a designation; and
C. The general design guidelines that are
proposed to govern the development or
redevelopment of properties within the
overlay district .
(4) The designation ordinance shall identify the
overlay district boundaries, which shall be
compact, contiguous, uniform, and shall
follow streets and alleys, rivers and
creeks, railroads, property lines and City
boundary lines . The designation ordinance
shall include regulations and guidelines
which apply to new construction as well as
to additions, alterations, rehabilitation,
conservation and renovation of existing
structures .
(c) Designation criteria.
When determining a district' s potential for
Neighborhood Conservation designation, the
Planning and Zoning Commission and City Council
shall ensure that one or more of the following
criteria are satisfied:
(1) The area contains similar land uses and
densities, displays unifying elements and
possesses cohesive physical, social or
economic relationships;
(2) There is evidence of structural
deterioration, encroachment of incompatible
land uses, or erection of incompatible
structures which are contributing to the
changing of the area;
(3) The area exhibits revitalization potential,
but coordinated action or treatment is
needed;
(4) There is evidence that Neighborhood
Conservation designation would be
appropriate and effective method for
conserving and revitalizing the area;
(5) District property owners or residents desire
and support neighborhood conservation
efforts; or
(6) District designation conforms to city plans
and policies .
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(d) Procedure for review and approval of development
plans .
(1) Prior to undertaking any work regulated by
the adopted design guidelines and the
issuance of any building permit or other
permit for such work in a Neighborhood
Conservation Overlay District, the owner
shall submit a site development plan for
review and approval by the Director of
Development Services . Four (4 ) copies of
the plan shall be submitted, which unless
. otherwise required by the Director, shall
include the following:
a. The legal description of the property
to be developed;
b. The boundaries and dimensions of the
lot or property to be developed;
C. The location of all building setback
lines along adjacent streets and lots;
d. The location and designation of all
easements on the lot or property to be
developed;
e. The, location of all existing structures
on; and adjacent to, the lot or
property to be developed;
f. The location and dimensions of all
existing and proposed driveways,
parking areas, walls, fences, retaining
walls, walkways, landscaping,
screening, lighting, signage, and
service and mechanical areas on the lot
to be developed;
g. The location and dimension of all new
structures and additions including
entrance doors, windows, porches,
balconies, carports and garages;
h. A building elevation , drawing or
photograph, and a list, description and
samples of materials to be used; and
i . Any other information deemed necessary
to show compliance with this Section
and with regulations and standards of
the applicable Neighborhood
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Conservation Overlay District
designation.
(2) Depending upon the nature of the proposed
project, additional information may be
required to be included on the site
development plan.
(3) Upon receiving the site development plan,
the Director shall notify any officially
recognized neighborhood association within
said district in writing.
(4 ) The Director shall review the site
development plan for compliance with Section
30-351 (d) (1) , and the regulations and
standards of the designation ordinance
within two (2) weeks of receipt . A decision
to disapprove the development plan shall be
made in writing and shall state the specific
reasons for disapproval . If the Director
disapproves the development plan, the owner
may revise the plan to reflect the
Director' s comments, or may, within ten (10)
days file an appeal with the City Council in
accordance with this Chapter.
(5) Minimum size of an area to be considered for
district designation is ten (10) contiguous
parcels, unless otherwise determined to be a
cohesive neighborhood by the Director of
Developmental Services .
(e) General design guidelines .
The General guidelines set out below shall be the
minimum considerations for a Neighborhood
Conservation Overlay District . Any individual
Neighborhood Conservation Overlay District
proposed may set out additional design guidelines
specific to the identified neighborhood. These
guidelines apply to new construction, additions,
alterations, rehabilitations and renovation of
existing structures to preserve the character of
the identified neighborhood. The intent is to
preserve the character of the District, while not
imposing over-reaching restrictions . All work
should be compatible with character of the
neighborhood district including the following:
(1) Site Elements :
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a. Building orientation and separation.
b. Area, bulk and density restrictions
including floor area, lot size and
width, building sets backs, lot
coverage, height limits and other
related provisions .
C. Walls, fences, retaining walls and
walkways .
d. Landscaping and screening.
e. Lighting and signage.
f. Size and placement of accessory
structures, including carport and
garages .
(2) Building Elements :
a. Architectural detail and scale.
b. Height, number of stories and vertical
and horizontal alignments .
C. Roof type, pitch and materials .
d. Exterior wall materials, texture and
color.
e . Foundations height and materials .
f. Window and door type, proportion and
arrangement .
g. Porches, decks and awnings .
Section 30-352 . H, Historic Overlay District
(a) Purpose.
The purpose of this district is to identify and
provide an avenue to designate local historic
landmarks, and local historic districts . It is
intended to help protect, preserve and enhance
places, districts, sites, buildings and other
features having a special historical,
architectural, cultural or aesthetic value. The
Historic Overlay (H) District is further intended
to.
(1) Stimulate revitalization and preservation of
the residential, civic . and business areas;
(2) Promote economic progress through heritage
tourism;
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(3) Provide for and encourage the designation,
protection, preservation, rehabilitation and
restoration of historic districts and
properties;
(4 ) Facilitate the City' s efforts to participate
in federal or state historic preservation
programs;
(5) Protect, enhance and perpetuate such
buildings, structures or land improvements
and landmarks which represent or reflect
elements of the city' s cultural, social,
economic, political and architectural
history;
(6) Safeguard the City' s historic, aesthetic and
cultural heritage as reflected in such
buildings, sites, structures or land
improvements and landmarks;
(7) Provide a mechanism to identify and preserve
the distinctive archaeological, historical
and architectural characteristics of the
City which represent elements of the City' s
cultural, social, economic, political and
architectural history;
(8) Foster civic pride in the beauty and noble
accomplishments of the past, as represented
in the City landmarks and historic
districts;
(9) Conserve and improve the value of property
or areas designated as landmarks or within
historic districts;
(10) Protect and enhance the attractiveness of
the City to home buyers, tourists, visitors
and shoppers; and thereby supporting and
promoting business, commerce, industry and
providing economic benefit to the City;
(11) Foster and encourage preservation,
restoration and rehabilitation of
structures, areas, and neighborhoods;
(12) Provide economic development by preserving
and enhancing the environmental quality and
property values of neighborhoods and the
community at large;
(13) Promote the use of historic landmarks for
the education, pleasure, and welfare of the
people; and
(14) Provide economic benefits to encourage
business and residential owners to locate
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and invest in historically significant
structures .
The (H) district is an overlay zoning
classification that establishes additional
restrictions and standards on those uses
permitted by the underlying zoning district . In
the event of conflict between the overlay zoning
district regulations and the regulations of the
underlying zoning district, the overlay zoning
regulations govern. In all other cases, both the
overlay zoning and underlying zoning regulations
apply.
(b) Nomination of local landmark or historic
district.
(1) General. A nomination for designation as a
historic district shall be submitted to the
Historic Preservation Commission and may be
initiated by a petition duly signed and
acknowledged by the owners of fifty-one (51)
percent or more of the areas of land within
the boundaries of the proposed overlay
district, provided that it includes at least
fifty-one (51) percent of the owners of
record of the subject properties . A
nomination for designation as a landmark may
be initiated by a petition duly signed and
acknowledged by all of the owners of record
of the subject property. A nomination of a
landmark . or district shall be considered an
application to amend the official zoning map
of the City and thereby shall be reviewed
under the provisions of this Chapter. The
Historic Preservation Commission shall
review the application and make a
recommendation to the Planning and Zoning
Commission and the City Council based upon
the nomination criteria.
(2) Declaration of eligibility. The Historic
Preservation Commission may, through its
surveys and research, identify
architecturally significant properties,
areas, landmarks and structures and notify
property owners of their eligibility for
nomination as a landmark or district . The
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Commission shall maintain a register of
significant undesignated properties, and
distribute the register to appropriate
agencies and bodies .
(3) Legal description. A legal description of
the subject property proposed to be
designated as a landmark or historic
district shall be included with the
nomination.
(c) Criteria for nomination.
Upon receipt of a nomination application, the
Historic Preservation Commission shall review the
supporting evidence and determine if the
property, area, or structure has sufficient
integrity of context, design, materials, and
workmanship to make it suitable for preservation,
restoration, or rehabilitation, and one or more
of the following criteria shall be met :
(1) It has character, interest or value as part
of the development, heritage, or cultural
characteristics of the community, county,
state,. or country;
(2) It is a site of a significant local, county,
state, or national event;
(3) It is identified with a person (s) who
contributed significantly to the development
of the community, county, state or country;
(4) It embodies distinguishing characteristics
of an architectural style valuable for the
study of a period, type, method of
construction or use of indigenous materials;
(5) It is identified as the work of a master
builder, designer, architect or landscape
architect, whose individual work has
influenced the development of the community,
county, state or country;
(6) It embodies elements of design, detailing,
materials, or craftsmanship which renders it
architecturally significant;
(7 ) It embodies design elements that make it
structurally or architecturally innovative;
(8) It has a location or singular physical
characteristics that make it an established
or familiar visual feature; or
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(9) It has character of a particularly fine or
unique example of a utilitarian structure,
including, but not limited to barns, vehicle
fueling stations, or other commercial
structures, with a high level of integrity
or architectural significance .
(d) Procedure for nomination.
(1) Notification of nomination and public
hearing. The Historic Preservation
Commission shall schedule and hold a meeting
on the nomination as to whether or not a
nominated landmark or historic district
meets the criteria for designation. The
meeting shall be scheduled, held and
conducted as a public hearing in the same
manner as other hearings to consider
applications for zoning map amendments or
ordinance amendments and to receive the
viewpoints of affected property owners,
residents and other interested citizens .
Notice of the date, time, place and purpose
of the hearing and a copy of the completed
nomination form shall be sent by regular
mail to the owners) of record and to the
nominators . Notice of the public hearing
shall also be listed on the Commission ' s
agenda for the date specified.
(2) Timely determination.
a. Within sixty (60) days of the
conclusion of the public hearing, the
Historic Preservation Commission shall
make a recommendation as to whether or
not the nominated landmark or historic
district meets the criteria for
designation in Section 30-352 (c) . Such
recommendation may be for approval,
disapproval or approval, in part and,
together with a report shall contain
the following information:
i . Explanation of the significance or
lack of significance of the
nominated landmark or historic
district as it relates to the
criteria for designation.
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ii . Explanation of the integrity or
lack of integrity of the nominated
landmark or historic district .
iii . In the case of a nominated
landmark or historic district
found to meet the criteria for
designation:
(a) The significant exterior
architectural features of the
nominated landmark that
should be protected.
(b) The types of construction,
alteration, demolition and
removal, other than those
requiring a building or
demolition permit that should
be reviewed for a Certificate
of Appropriateness .
iv. A review of proposed design
guidelines for applying the
criteria for review of
certificates of appropriateness to
the nominated landmark or historic
district .
V. A map showing the location of the
nominated landmark or the
boundaries of the nominated
historic district .
b. The recommendation and report of the
Historic Preservation Commission shall
be sent to the City Council and
Planning and Zoning Commission within
seven (7 ) days following the vote on
the resolution, and shall be available
to the public at the offices of the
Division of Planning Services .
(3) Action by Planning and Zoning Commission.
a . Upon receipt of the Historic
Preservation Commission ' s recommend-
dation and report, the Planning and
Zoning Commission shall review each
proposed landmark or historic district
for historic zoning designation. Within
thirty (30) days of the Planning and
Zoning Commission ' s review it shall
make a recommendation with respect to
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the proposed (H) designation. The
recommendation, together with a record
of the proceedings, shall be forwarded
to the City Council.
b. An (H) historic zoning designation
shall be regarded as a supplemental
zoning designation and shall not affect
in any way the underlying zoning
designation, as provided in other
Articles of this Chapter. The existing
zoning standards for each district are
set forth and shall be complied with
unless such standards conflict with the
provisions of the ordinance designating
such landmark or historic district and
in the event of a conflict, provisions
of the historic district ordinance
shall prevail . A landmark or historic
district shall be designated with an
(H) affixed to the current zoning
district acronym and illustrated as
such on the official zoning district
map.
(4 ) Notification of determination. Notice of
the determination by the Historic
Preservation Commission, including a copy of
the report, shall be sent to the owners of
record of a nominated landmark, and owners
of all property within a nominated historic
district, and to the nominator within thirty
(30) days following a determination of the
Historic Preservation Commission as to
whether or not the nominated landmark or
historic district meets the criteria for
designation.
(5) Action by the City Council .
a. Upon receipt of a recommendation from
the Planning and Zoning Commission, the
City Council shall proceed in the
normal manner provided for zoning
ordinance and map amendments, as set
forth in Section 30-206 . Said procedure
shall include a public hearing with
notice as specified in Section 30-206.
Notice of the hearing shall also be
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provided in the manner specified in
Section 30-352 (d) (4 ) .
b. After the public hearing, the City
Clerk shall. provide written
notification of the action of the City
Council by regular mail to the
nominator, the owner (s) of record of
the nominated landmark or to all
property owners within a nominated
historic district . The notice shall
include a copy of the designation
ordinance passed by the City Council
and shall be sent within thirty (30)
days of the City Council action. A copy
of each designating ordinance shall be
sent to the Historic Preservation
Commission, the City Planning and
Zoning Commission, and the Division of
Planning Services . If designated, the
landmark or historic district shall
receive the supplemental classification
(H) for historic structure or district,
and the designating ordinance shall
prescribe the significant
architectural, historical or
archaeological features that qualify
the landmark for designation. A copy of
the designating ordinance shall also be
recorded with the county recorder of
deeds .
(e) Interim control over nominated properties .
No building permits shall be issued by the City
for alteration, construction, demolition, or
relocation of a nominated landmark or any
property or structure within a nominated historic
district from the date of publication of the
public hearing by the Historic Preservation
Commission at which the nomination is first
presented for consideration until the final
disposition of the nomination by the City
Council, unless such alteration, construction,
demolition or removal is authorized by Resolution
of the City Council, as necessary for the health,
safety or welfare of the public. In no event,
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however, shall the delay be for more than one
hundred eighty (180) days .
(f) Amendment or rescission of designation.
A designation may only be amended or rescinded by
petition to the City Council in compliance with
the same procedure and according to the same
criteria set forth herein for designation.
(g) Purpose for a Certificate of Appropriateness .
A Certificate of Appropriateness is intended to
provide for review and approval of any work to be
undertaken on structures within the Historic
Overlay Zoning District or on designated local
landmarks in order to ensure compliance with the
City' s design guidelines as based on the
Secretary of the Interior' s standards for
historic preservation. This permit is not
intended to disrupt or discourage investment in
historic properties, but is intended to promote
and encourage use of these established standards
and guidelines for the rehabilitation,
preservation, adaptive reuse, and restoration of
historic resources and neighborhoods .
(h) Certificate of Appropriateness; applicability.
All properties within a Historic Overlay District
or any property designated as a local landmark
shall be subject to the provisions of this
Article . No application for a building permit or
demolition permit for any action in a historic
district shall be approved until the City
Council, Historic Preservation Commission, or its
designee has issued a Certificate of
Appropriateness . A Certificate of
Appropriateness shall be required before one or
more of the following actions affecting the
exterior architectural appearance of any landmark
or property within a historic overlay zoning
district may be undertaken:
(1) Any construction, repair, alteration, or
removal affecting an exterior architectural
feature or features;
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(2) Demolition in whole or in part of any
structure; or
(3) Any construction, repair, alteration,
removal, or demolition, in whole or in part,
proposed by the City or any of its agencies
or departments affecting a significant
exterior architectural feature or features,
or an archaeological site.
(i) Certificate of Appropriateness; applications .
Applications for a Certificate of Appropriateness
shall include the following information:
(1) Photographs of the existing conditions;
(2) Scaled drawings of proposed changes;
(3) List of proposed materials with dimensions;
(4 ) As necessary for review, manufacturer' s
literatures, material samples, site map and
a structural report; and
(5) Any other information deemed necessary to
conduct a thorough analysis of the
application.
(j ) Certificate of Appropriateness; approval
criteria.
A Certificate of Appropriateness shall not be
approved unless the applicant presents clear and
convincing evidence that the application meets
the following criteria, adapted from the
Secretary of the Interior' s Standards for
Rehabilitation. The criteria are to be applied to
specific rehabilitation projects in a reasonable
manner, taking into consideration economic and
technical feasibility.
(1) Every reasonable effort shall be made to
provide that a property will be used as it
was historically, or be given a new use that
requires minimal change to its distinctive
materials, features, spaces, and special
relationships .
(2) The historic character of a property will be
retained and preserved. The removal of
distinctive materials or alterations of
features, shapes, and relationships that
characterize a property will be avoided when
possible.
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(3) Each property will be recognized as a
physical record of its time, place, and use.
Changes that create a false sense of
historical development, such as adding
conjectural features or elements from other
historic properties, will be discouraged.
(4 ) Changes to a property that have acquired
historic significance in their own right
will be recognized and respected.
(5) Distinctive materials, features, finishes,
and construction techniques or examples of
craftsmanship that characterize a property
will be treated with sensitivity.
(6) Deteriorated historic features will be
repaired, rather than replaced whenever
possible. Where the severity of
deterioration requires replacement of a
distinctive feature, the new features should
match the old in design, color, texture, and
where possible, materials . Replacement of
missing features will be substantiated by
documentary and physical evidence.
(7 ) Chemical or physical treatments, if
appropriate, will be undertaken using the
gentlest means possible . Treatments that
cause damage to historic materials will not
be used.
(8) Every reasonable effort shall be made to
provide that archeological resources will be
protected and preserved in place. If these
resources must be disturbed, mitigation
measures will be undertaken.
(9) Whenever possible, new additions, exterior
alterations or related new construction
shall be done in such a manner that they
will not destroy historic materials,
features, and special relationships that
characterize the property. Any new work
should be differentiated from the old and be
compatible with the historic materials,
features, size, proportion, and massing to
protect the integrity of the property and
its environment .
(10) Whenever possible, new additions and
adjacent or related new construction will be
undertaken in such a manner that, if removed
in the future, the essential form and
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integrity of the historic property and its
environment will be unimpaired.
(11) In conducting a review, the Historic
Preservation Commission may consider
economic hardship and other factors that may
affect an owner' s ability to undertake and
complete rehabilitation or other work under
consideration.
(k) Certificate of Appropriateness; review procedure.
All applications for a Certificate of
Appropriateness shall be reviewed and considered
within sixty (60) days of the filing of the
application. Determinations will be based on the
approval criteria set .forth in this Article and
generally accepted preservation policies as
determined and set forth by the Historic
Preservation Commission.
(1) Applications for a Certificate of
Appropriateness shall be reviewed by the
Historic Preservation Commission and formal
action shall be taken by majority vote .
(2) Written notice of the approval or denial of
the application for a Certificate of
Appropriateness shall be provided to the
applicant and the Director following the
determination.
(3) Upon the approval of an application, the
Planning Services Office may, if all other
applicable requirements are met, issue a
certificate . The certificate may specify any
conditions of approval under which the work
shall be completed to be in compliance with
the approved application.
(4 ) Upon the denial of an application, a
statement of the reasons for denial shall
accompany the written notice. The Historic
Preservation Commission shall make
recommendations to the applicant concerning
changes, if any, in the proposed action,
which would cause the Historic Preservation
Commission to reconsider its denial . The
applicant may submit an amended or revised
application that takes into consideration
the recommendations .
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(1) Certificate of Appropriateness; demolition.
(1) Demolition, in whole or in part, of
individual landmarks or any primary
structure within a historic district is not
permitted unless a Certificate of
Appropriateness has been obtained for that
purpose. Deterioration caused by neglect or
lack of routine maintenance by the existing
owner does not provide grounds for the
approval of demolition. Grounds for
approving a Certificate of Appropriateness
for demolition include, but are not limited
to, the following:
a . The structure has been substantially
damaged through fire, deterioration, or
natural disaster;
b. The structure does not possess the
integrity, originality, craftsmanship,
and age to merit preservation; and
C. There is substantial evidence that it
would not be physically or economically
viable to rehabilitate the structure.
(2) For applications for demolition, the City
should provide notice of the proposed
demolition to surrounding property owners,
as outlined in Section 30-206 (h) of this
Code, and post a sign on the affected
property indicating the proposed demolition.
In cases of demolition, the owner shall
permit access ' to the subject property for
the purpose of inspections and/or appraisals
required by the Historic Preservation
Commission or City staff.
(3) Applications for demolition of a landmark or
primary structure shall be reviewed by the
Historic Preservation Commission and
forwarded to the City Council with a
recommendation. The City Council shall take
formal action on the application. Approval
shall be made by Resolution of the City .
Council .
(m) Certificate of Appropriateness; appeal procedure.
An appeal of the denial of a Certificate of
Appropriateness by the Historic Preservation
146
Commission shall be filed with the Division of
Planning Services within thirty (30) days of the
date of denial . The appeal shall be submitted
for review by the Planning and Zoning Commission.
The Planning and Zoning Commission must render a
decision within sixty (60) days of the filing of
the appeal or the appeal shall be deemed to have
been denied. It shall require a favorable vote a
majority of the members of the Planning and
Zoning Commission to overturn the decision of the
Historic Preservation Commission.
(n) Certificate of Appropriateness; hardship appeal
procedure.
(1) If an appeal of the denial of a Certificate
of Appropriateness is based solely upon
hardship, proof of hardship shall be the
burden of the property owner for
consideration by the Planning and Zoning
Commission.
(2) Reversal of a Historic Preservation
Commission denial based solely upon hardship
shall not be approved unless the applicant
presents clear and convincing evidence that
may include the following criteria :
a. Any deterioration or damage cited to
establish hardship shall not be due to
the present owner' s willful act,
neglect or inattention to maintenance
and repairs . Evidence showing that the
owner or applicant failed to maintain
or protect the property, or performed
or permitted any acts to the detriment
of the property, may be used as a basis
to reject allegations of hardship;
b. For income producing property, a
reasonable rate of return cannot be
obtained from the property if it
retains its historic features or
structures in either its present
condition or if its features or
structures are rehabilitated; or
C. For non-income producing property, the
property has no beneficial use in its
present condition or if rehabilitated.
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(o) Certificate of Appropriateness; stop work order.
(1) The Director shall monitor all projects that
require a Certificate of Appropriateness to
ensure compliance with the terms and
conditions of a Certificate of
Appropriateness, building permit or
demolition permit . Where a project fails to
comply with any part of a Certificate of
Appropriateness or the provisions of this
Article, it shall be considered a violation
of this Code, and the Director may issue a
stop work order in writing which states the
violation and a deadline by which to rectify
the violation. If the project fails to meet
this deadline for compliance, a second stop
work order may be issued in writing and
delivered by certified mail, which shall set
forth the terms of compliance and the
penalties for violation of this Article.
(2) Whenever the Director has reason to believe
that an action for which a Certificate of
Appropriateness would be required has been
initiated or is about to be initiated, he
shall make every reasonable effort to
contact the owners, occupants, contractor,
or subcontractor and inform them of the
application process . If a stop work order is
determined to be necessary to halt an action
that requires a Certificate of
Appropriateness, a copy of the stop work
order shall be delivered to the owners,
occupants, contractors, or subcontractors . A
copy of the application form shall also be
included with the stop work order.
(p) Certificate of Appropriateness; lapse in work.
Approval of any Certificate of Appropriateness
shall be effective for a period of one hundred
eighty (180) days, at the end of which time a
building permit shall have been issued for the
action (s) so authorized. In the event that a
building permit has not been issued within one
hundred eighty (180) days or at such time work is
suspended or abandoned for a period exceeding one
hundred eighty (180) days, the Certificate of
148
Appropriateness shall be null and void, and the
applicant shall be required to submit a new
Certificate of Appropriateness application for
consideration by the Historic Preservation
Commission.
(q) Fees and Penalties .
The City Council shall establish an appropriate
system for processing fees for the review of
nominations and Certificates of Appropriateness .
a. It shall be unlawful for any person to
undertake or cause an alteration,
construction, demolition or removal of any
nominated or designated property or landmark
or property within a nominated or designated
historic district without a Certificate of
Appropriateness . Any person convicted of
violating the provisions of this Article
shall be punished by a fine no greater than
five hundred dollars ($500 . 00) or
confinement in the city jail for a period
not to exceed sixty ( 60) days, or by both
fine and confinement . Each day each
violation shall continue to exist shall
constitute a separate violation .
b. It shall be unlawful not to maintain
designated property or landmarks, or
property within a designated historic
district within the minimum maintenance
requirements of Section 30-352 (t) .
(r) District H, design guidelines .
In addition to the criteria for approval of a
Certificate of Appropriateness as set forth in
this Article, the following design guidelines may
be used, in conjunction with design guidelines
and policies adopted by the Historic Preservation
Commission in considering an application for a
Certificate of Appropriateness and can serve as
the basis for conditions of approval . These
guidelines are based on accepted practices for
historic preservation and are not intended to
inhibit change, new construction, new
architectural styles, or new technologies when
149
these changes complement the existing buildings
and streetscapes . Design review decisions shall
be based on the same set of design guidelines for
all properties designated by the district (H) ,
however, structures possessing a greater degree
of integrity, originality, craftsmanship and
historic significance may have the guidelines
more stringently applied than those with lesser
significance as determined by the Historic
Preservation Commission. These guidelines may be
applied for all alterations, construction,
demolition, or repairs affecting the exterior
appearance of the property.
(1) New buildings and additions to existing
buildings : New buildings should be
compatible with the architecture of the
district . Scale, placement on lots and
street setback must conform to the scale,
placement and setback of adjacent
structures; especially in the context of
rows of buildings and streetscapes . Styles
of architecture will be controlled only to
ensure that their exterior design,
materials, and color are in harmony with
neighboring structures .
(2) Alterations : Alterations should restore a
structure' s original elements, materials,
and appearance, if economically or
physically feasible . Alterations affecting
the exterior of a structure should preserve
all significant original exterior elements,_
including building materials, doors,
windows, and decorative elements . Elements
that are not original, but which may have
acquired significance by virtue of age or
craftsmanship, should also be preserved.
Alterations that disguise or sheath original
elements and materials should not be
permitted. Storefronts and commercial
building facades should be treated as a
whole, and alterations to the first floor
should be compatible with the upper floors .
(3) Demolition: Demolition of past additions
that have disguised or sheathed original
elements or facades is encouraged, as long
as the intention is to restore those
elements and facades .
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(4 ) Relocation of buildings : Structures shall
not be removed from their original site
unless there is substantial evidence that it
would not be practical or economical to
utilize the building on its present site. If
a building lies in the path of a public
improvement project and if the building
meets the requirements for preservation by
virtue of its integrity, originality,
craftsmanship or age, relocation may be
considered as an alternative only after it
is determined that the project cannot be
altered to avoid the relocation of the
historic structure .
(5) Exterior walls : A structure' s original
walls, including masonry, siding, sheathing
materials, and exposed foundations, should
be maintained and preserved, if feasible .
Walls, siding, and sheathing materials that
may not be original, but have acquired
significance by virtue of age or
craftsmanship, should also be maintained and
preserved. These walls, siding, and
sheathing materials should not be altered,
covered or disguised by new building
materials unless it is no longer feasible to
maintain the significant materials . Masonry
should not be painted or stuccoed unless it
is no longer feasible to maintain the
significant materials . Restoration of
original walls, siding and sheathing
materials is encouraged. Removal of false
facades that cover or disguise original
walls and materials is encouraged.
(6) Decorative and character defining elements :
Original decorative and character defining
elements and those that may not be original,
but have acquired significance by virtue of
age or craftsmanship should be restored,
maintained, and preserved, if feasible .
(7) Doors and windows : Original doors and
windows should not be replaced unless there
is substantial evidence that they are no
longer serviceable or cannot be restored.
Restoration of original entryways that may
have been covered, altered, or removed over
time is encouraged. Replacement doors and
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windows that imitate an earlier
inappropriate style are discouraged. In
general, existing openings should not be
covered or relocated, whenever possible. If
additional entryways or service doors become
necessary, they should be located and
designed in a sensitive manner. If it is
necessary to expand original openings, it
should be accomplished in a manner that
respects and complements the surrounding
building elements, materials, and colors .
(8) Porches : Porches, porticos, stoops,
entryways, loading docks and exterior
stairways should be of a scale, design,
material, and color that complement the
existing fagade and its individual elements .
Loading docks and service entrances should
be located inconspicuously and should be
considered a part of a building' s overall
design scheme.
(9) Roofs : Rooflines and shapes should not be
altered, if feasible . Visible roofing
materials should be compatible with other
building elements and materials in terms of
color, materials, and texture . The use of
roofing materials appropriate to the style
and period of the building is encouraged.
The use of roofing materials that reflect an
earlier or later style or period is
discouraged.
(10) Mechanical equipment and weather protection
devices : Mechanical and weather protection
devices shall be placed and installed in a
manner that is unobtrusive.
(11) Fences, sidewalks,. decorative dividers and
walls : Fences and decorative walls should be
placed and scaled in a manner that do not
cover, block or damage significant building
fagades or elements . Fences and walls should
be of a style or period that corresponds
with the style or period of the building or
buildings they serve . Original fences, walls
and sidewalks and those that have acquired
significance by virtue of age or
craftsmanship should not be removed or
destroyed and should be maintained and
preserved, whenever possible .
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(12) Vacant lots, alleys, and parking areas:
Parking lots, driveways, and other spaces
between and around buildings shall be
designed and maintained in a manner that
does not detract from neighboring buildings
and fagades . The creation of new parking
lots, driveways and parking pads shall be
done in a way to minimize their appearance
and to complement the buildings they serve
and the surrounding neighborhood. Garbage
dumpsters, bollards, loading docks and other
similar fixtures shall be structurally and
cosmetically maintained and shall be placed
in a manner that is as inconspicuous as
possible.
(13) Signs and awnings : Maintenance and
preservation of original signs or those that
have acquired significance by virtue of age
or craftsmanship is encouraged. Signs that
disguise, obstruct, or detract from
significant fagade elements shall not be
allowed. Signs and awnings shall be designed
to complement the style, materials, and
color of the building. Lighting and other
illumination shall be properly shielded or
diffused to eliminate glare . Individual
building mounted lights shall be no brighter
than 100 watts and be mounted no lower than
6 feet and no higher than 9 feet in height .
All signs shall be installed in accordance
with the provisions of Section 30-503 .
(s) Signs .
(1) Permit required. Irrespective of provisions
in any ordinance of the City relating to
signs, all signs for a landmark or buildings
in a historic district not specified in the
designating ordinance must receive a
Certificate of Appropriateness from the
Historic Preservation Commission, which
shall review the proposed sign in accordance
with the following general guidelines . No
public hearing shall be required for an
application for a Certificate of
Appropriateness for a sign which is
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otherwise in conformance with the City' s
ordinances affecting signs .
(2) General guidelines .
a. General sign regulations are included
in the City Code . Additional sign
restrictions may be included in the
ordinance designating a landmark or
district .
b. It is not the intent of these standards
to create uniformity of signage or to
inhibit creative initiative .
C. Signs shall be designed and placed so
as to appear an integral part of the
building design, and to respect
neighboring properties and the district
in general . Signs shall be designed
with appropriateness relative to the
services of the establishment served.
(3) Recommended signage .
a. Signs should be maintained if they are
determined to be an original part of a
building as it was originally
constructed.
b. Some signs, though not original to a
building may have acquired significance
by virtue of their age, design,
materials and craftsmanship. Such signs
should be maintained and preserved.
C. Some existing signs may not be
appropriate, especially if they
disguise, obstruct, or detract from
significant facade elements .
(4) Wall signs . Each ground floor occupant in a
building shall have no more than one (1)
sign oriented to each street on which the
premises has frontage . The sign should
identify the predominant use of the occupant
or identify the building as a whole .
a . Wall signs may extend the entire length
of the facade but shall have a total
vertical dimension of no more than two
(2) feet, six (6) inches .
b. Wall signs shall be mounted no lower
than eight (8) feet above the elevation
of the ground floor and no higher than
the elevation of the second floor.
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c. Wall signs may be applied directly on
glass show windows or entry doors.
These may be located at any point below
the elevation of the second floor.
(5) Secondary wall signs . Each occupant in a
building may have one (1) or more secondary
wall signs . These signs should identify
occupants on upper floors or those not
considered the primary occupants .
a. Each occupant may have not more than
one (1) sign applied directly on glass
of upper windows . Upper window signs
may. consist of individual letters not
over six (6) inches in height . Total
sign dimensions should be no greater
than fourteen (14 ) inches in height .
b. In addition to upper window signs, each
occupant may have one (1) ground floor
entry sign located at the entry way
with individual letters painted or
located directly on glass, door, plaque
or directory.
(6) Illumination. Any sign lighting shall be
properly shielded or diffused so as to
eliminate glare .
(7) Exceptions . The following are appropriate
in addition to those signs listed above :
a . Names of buildings, dates of erection,
monumental citations, and commemorative
tablets which do not exceed twenty (20)
square feet in area when made a
permanent integral part of a building.
b. Educational signs not exceeding ten
(10) square feet providing bulletin or
poster display space, identifying or
explaining local history or other
processes .
C. Signs that have special aesthetic,
artistic or historical merit or
appropriateness .
(8) Projections beyond property line . There
should be no projections beyond the property
line other than as described below, or as
allowed by other Sections of this Article .
a . Sun . protection/weather protection
devices are permitted only in the form
of awnings . Awnings should be of
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canvas, or of a planar surface of metal
or similar smooth surface. Awnings
should be located no higher than
sixteen (16) feet and should extend no
lower than eight (8) feet . Awnings
should be a color (s) and design that
compliments the existing facade and
that do not cover or damage significant
structural or decorative elements .
b. Individual wall lighting fixtures
projecting beyond property lines may be
used, providing fixtures are consistent
with the period or the design of the
building facade; the total wattage per
fixture is no more than one hundred
(100) watts; the fixture does not emit
glare or harsh bright spots; the
fixture is mounted no lower than seven
(7) feet six (6) inches nor higher than
nine (9) feet above the elevation of
the ground floor; and the fixture
extends from the property line not more
than sixteen (16) inches, with no
dimensions greater than sixteen (16)
inches .
C. The Historic Preservation Commission
may adopt a standardized sign which may
project beyond property lines and which
may be used by all property owners or
businesses within a district . Such sign
shall be no lower than seven (7) feet
six (6) inches nor higher than ten (10)
feet above the elevation of the ground
floor, shall extend from the property
line not more than three (3) feet, and
shall have no dimension greater than
three (3) feet . (Noted BOCA Section
3102 . 10 . 2 limits projecting signs to
two (2) feet inside street curbline. )
d. Signs already in existence on the date
of the adoption of this ' Section.
(t) Maintenance of historic properties .
(1) Ordinary maintenance exclusion. Nothing in
this Section shall be construed to prevent
the ordinary maintenance or repair of any
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exterior elements of any building or
structure described in this Article.
(2) Definition of ordinary maintenance . Any
work, for which a building permit is not
required by law, where the purpose and
effect of such work is to correct any
deterioration or decay of or damage to a
structure or any part thereof and to restore
the same, as nearly as may be practicable,
to its condition prior to the occurrence of
such deterioration, decay or damage.
(3) Minimum maintenance requirement . All
buildings and structures designated by City
ordinance as (H) shall be preserved against
decay and deterioration and free from
certain structural defects in the following
manner, by the owner thereof or such other
person or persons who may have the legal
custody and control thereof. The owner or
other person having legal custody and
control thereof shall repair such building
if it is found to have any of the following
defects :
a . Those which have parts thereof which
are so attached that they may fall and
injure members of the public or
property.
b. Deteriorated or inadequate foundation.
C. Defective or deteriorated flooring or
floor supports or flooring or floor
supports of insufficient size to carry
imposed loads with safety.
d. Members of walls, partitions or other
vertical supports that split, lean,
list or buckle due to defective
material or deterioration.
e. Members of walls, partitions or other
vertical supports that are of
insufficient size to carry imposed
loads with safety.
f. Members of ceilings, roofs, ceiling and
roof supports or other horizontal
members which sag, split or buckle due
to defective material or deterioration.
g. Members of ceilings, roofs, ceiling and
roof supports or other horizontal
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members that are of insufficient size
to carry imposed loads with safety.
h. Fireplaces or chimneys which list,
bulge or settle due to defective
material or deterioration.
i . Fireplaces or chimneys which are of
insufficient size or strength to carry
imposed loads with safety.
j . Deteriorated, crumbling or loose
plaster.
k. Deteriorated or ineffective
waterproofing of exterior walls, roofs,
foundations or floors, including broken
windows or doors .
1 . Defective or lack of weather protection
for exterior wall coverings, including
lack of paint, or weathering due to
lack of paint or other protective
coating.
M. Any fault or defect in the building
which renders the same structurally
unsafe or not properly watertight .
(4 ) Public safety exclusion. None of the
provisions of this Article shall be
construed to prevent any measures of
construction, alteration or demolition
necessary to correct or abate the unsafe or
dangerous condition of any structure, other
feature or part thereof, where such
condition has been declared unsafe or
dangerous by the chief building official or
the fire department, and where the proposed
measures have been declared necessary, by
such department or departments, to correct
the condition; provided, however, that only
such work as is reasonably necessary to
correct the unsafe or dangerous condition
may be performed pursuant to this section.
In the event any structure or other feature
shall be damaged by fire or other calamity,
or by act of God or by the public enemy, to
such an extent that, in the opinion of the
aforesaid department, it cannot reasonably
be repaired and restored, it may be removed
in conformity with normal permit procedures
and applicable laws .
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(5) If minimum maintenance is not being
maintained, the owner of the property or
other person having legal custody thereof
shall be notified by the Historic
Preservation Commission. The notice shall be
by certified mail and shall specify each
item in the property or landmark that fails
to meet minimum maintenance requirements .
The owner or other person having legal
custody of the property shall have thirty
(30) days from the receipt of notice to
comply with the minimum maintenance
requirements . The Historic Preservation
Commission, for good cause shown, may extend
the thirty-day period. If, after the
original thirty-day period or any extension
granted by the preservation commission, the
owner or person having legal custody of the
property should fail to meet the minimum
maintenance requirements, the owner or
person having legal custody of the property
shall be in violation of this Section and
punished in accordance with Section 30-
352 (q) .
(u) Design Subcommittee.
The Historic Preservation Commission may
establish a subcommittee of five (5) members
including Historic Preservation Members and
design professionals to meet with applicants at
any time during the application process in order
to review and comment on proposed applications .
An applicant may request a meeting with the
subcommittee before or during the review of any
application.
Section 30-353 . CX, Adult Entertainment Overlay
District.
(a) Purpose.
CX Overlay District is intended for the use of
adult entertainment uses .
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(b) Definitions .
(1) Adult - Adult, as used in this Section,
means persons who have attained the age of
at least eighteen (18) years .
(2) Adult bookstore - means an establishment or
business having as a predominant part of its
stock in trade, books, magazines,
photographs, pictures and other periodicals
which are distinguished or characterized by
their emphasis on matter depicting,
describing or relating to "specific sexual
activities" or "specified anatomical areas"
and limited in sale of such sexual materials
to adults .
(3) Adult motion picture theater - means an
enclosed building with a capacity of two (2)
or more persons used predominantly for
presenting material distinguished or
characterized by an emphasis on matters
depicting, describing or relating to
X'specified sexual activities" or "specified
anatomical areas" for observation by patrons
therein.
(4 ) Area zoned for residential use - for
purposes of this Section, means an area
which is defined as district AG, RE, R1, R2,
R3, R4, R5, RMH, RUMD, CBD or NC.
(5) Artist-body painting studio - means an
establishment or business which provides the
services of applying paint or other
substance whether transparent or
nontransparent to or on the human body when
such body is wholly or partially nude.
( 6) Bathhouse - means an establishment or
business which provides the services of
baths of all kinds, including all forms and
methods of hydrotherapy, unless operated by
a medical practitioner or professional
physical therapist licensed by the State of
Missouri .
(7) Church - means a facility for religious use .
(8) Massage shop - means an establishment or
business which provides the services of
massage and body manipulation, including
exercises, heat and light treatments of the
body, and all forms and methods of
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physiotherapy, unless operated by a medical
practitioner, professional physical
therapist or massage therapist licensed by
the State of Missouri .
(9) Modeling studio - means an establishment or
business which provides the services of
modeling for the purpose of reproducing the
human body wholly or partially in the nude
by means of photography, painting,
sketching, drawing or otherwise .
(10) Overlay zone - means a zone having
boundaries conterminous with or
circumscribed by an existing district, which
imposes additional limitations or authorizes
additional uses otherwise not required or
permitted in the district .
(11) Owning property - means for the purpose of
this Section, a present freehold or non-
freehold interest in real property.
(12) School - means for the purpose of this
Section, a public elementary, secondary, or
high school, or university or college; and
private schools with curricula equivalent to
that of public elementary, secondary or high
schools, or universities or colleges .
(13) Specified sexual activities - means :
a. Human genitals in a state of sexual
stimulation or arousal .
b. Acts of human masturbation, sexual
intercourse or sodomy.
C. Fondling or other erotic touching of
human genitals, pubic region, buttock
or female breast .
(14 ) Specified anatomical areas - means :
a . Less than completely or opaquely
covered:
i . Human genitals, pubic region,
ii . Buttocks,
iii . Female breast area below a point
immediately above the top of the
areola
b. Human male genitals in a discernible
turgid state even if completely and
opaquely covered.
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(c) Uses regulated.
Adult bookstores, adult motion picture theaters,
bathhouses, massage shops, modeling studios and
artists-body painting studios, as herein defined,
shall be located only in district CX, as
established by this Section. Such districts are
overlay zones and may only be established by the
City Council in district C1, C2, Ml or M2 .
(d) One thousand (1000) foot distance limitation
waiver.
(1) No adult bookstore, adult motion picture
theater, bathhouse, massage shop, modeling
studio or artist-body painting studio, shall
be established within one thousand (1, 000)
feet of any church, school or area zoned for
residential use.
(2) No more than two (2) of the uses regulated
by this Section may be located within one
thousand (1, 000) feet of each other.
(3) The distance limitations set forth in
paragraphs (1) and (2) of this subsection
may be waived if the person applying for the
waiver shall file with the City Planning and
Zoning Commission a petition which indicates
approval of the proposed regulated use by
fifty-one (51) percent of the persons
residing on or owning property within a
radius of one thousand (1, 000) feet of the
location of the proposed use . The City
Planning and Zoning Commission shall adopt
rules and regulations governing the
procedure for the securing of the petition
of consent provided for in this subsection.
The rules shall provide that the circulator
of the petition requesting a waiver shall
subscribe to an affidavit attesting to the
fact that the petition was circulated in
accordance with the rules of the City
Planning and Zoning Commission and that the
circulator personally witnessed the
signatures on the petition and that the same
were affixed to the petition by the person
whose name appeared thereon. The City
Planning and Zoning Commission shall not
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consider the waiver of locational
requirements set forth hereinabove until the
above-described petition shall have been
filed and verified.
(e) Public decency and morals ordinance not repealed.
No provision of this Section shall be construed
to repeal or amend any other ordinance of the
City dealing with obscenity, pornography,
lewdness, or any other ordinance relating to
morals, or any part thereof.
Section 30-354 . I0, Increased Occupancy Overlay
District.
(a) Purpose.
This district is for areas that are highly
desirable for concentrated mixed residential
needs .
While this high concentration of mixed uses can
lead to vibrancy of the neighborhoods, these
different uses within areas designated to be
single family have the potential for conflicts .
It is important that activities associated with
this type of higher mixed residential use do not
negatively impact the surrounding neighborhood.
This overlay district is intended to allow for
additional unrelated person per single family
household.
This district permits increased densities in
these single family districts without disturbing
the densities in other residential districts when
they are located elsewhere in the City. This
overlay district also addresses : parking design
and other aspects of rental life to try and
alleviate disturbance with surrounding single
family private residences .
(b) Permitted uses .
(1) Single family detached dwellings .
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(2) Additional unrelated persons, with an
average of no more than one (1) additional
unrelated person for every two (2) bedrooms .
If there are an odd number of bedrooms, one
(1) additional unrelated person will be
allowed due to that odd number. For
example, a five (5) bedroom house will be
allowed to have three (3) additional
unrelated persons .
(c) Permitted uses (accessory) .
(1) As permitted in underlying zoning district
or districts .
(d) General provisions .
(1) An Increased Occupancy Overlay District may
be enacted in conjunction with any
underlying zoning district or districts
within the City in accordance with the
provisions of this Section. All regulations
of the underlying zoning district shall
apply to property within the Increased
Occupancy Overlay District .
(2) The Increased Occupancy Overlay District
shall be identified on the official zoning
map by the suffix "IO" .
(3) An application for designation as an
Increased Occupancy Overlay District may be
initiated by:
a . A petition duly signed and acknowledged
by the owners of fifty-one (51) percent
or more of the areas of land within the
boundaries of the proposed overlay
district, provided that it includes at
least fifty-one (51) percent of the
owners of record of the subject
properties; and
b. A statement documenting the conditions
justifying Increased Occupancy
designation and setting forth the
purposes of such a designation; and
C. The general design guidelines that are
proposed to govern the development or
redevelopment of properties within the
overlay district .
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(4 ) The designation ordinance shall identify the
overlay district boundaries, which shall be
compact, contiguous, uniform, and shall
follow streets and alleys, rivers and
creeks, railroads, property lines and City
boundary lines . The designation ordinance
shall include regulations and guidelines
which apply to new construction as well as
to additions, alterations, rehabilitation,
conservation and renovation of existing
structures .
(e) Standards .
(1) For each additional unrelated person above
the general definition of family, one (1)
additional off-street parking stall is
required and shall conform to all City off-
street parking regulations .
(2) Refuse storage areas shall not be located in
the front yards and shall be screened from
view.
(3) The division of any single unit dwelling
into separate or additional dwellings is
prohibited. The general intent of the
structure shall remain intact .
(4) Any other design requirements applicable in
the specific underlying zoning district with
which this district is combined.
(5) Minimum district size - two (2) acres,
consisting of contiguous lots .
Article 4 . Supplemental District Regulations .
Section 30-401 . Special Use Permits .
(a) Purpose.
Subject to the provisions of this Section, the
City Council may by ordinance on its own motion
or on application grant a special use permit for
the special uses specifically identified in each
zoning district from which the uses are otherwise
prohibited by this Chapter. The City Council
shall impose appropriate conditions and
safeguards for the issuance of the special use
permit, which may include a specified period of
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time for the permit, a limitation of the persons
who may carry out such use, and limitations upon
or requirements for the size or design of
buildings and other improvements upon the
property, all for the purpose of conserving and
protecting property and property values in the
neighborhood.
(b) Application for special use permit.
Applications for special use permits shall be
made and processed in the same manner as provided
in Section 30-206 relating to applications for
district changes .
(1) The City Council shall determine whether
such building or use will:
a. Substantially increase traffic hazards
or congestion;
b. Substantially increase fire hazards;
C. Adversely affect the character of the
neighborhood;
d. Adversely affect the general welfare of
the community; and
e . Overtax public utilities .
(2) If the Council' s finding is negative as to
all the subject referred to in this Section,
the application may be granted; if
affirmative as to any subject, then such
special use permit shall be denied.
(3) Any proposed special use shall otherwise
comply with all the regulations set forth in
this Chapter for the district in which such
use is located.
Section 30-402 . Reserved.
Section 30-403 . Accessory Structures and Uses.
(a) General provisions .
All accessory structures and uses shall be
incidental and subordinate to the primary use
permitted in the district and shall be located on
the same lot as the principal use or structure .
No accessory structure or use shall be allowed
unless it satisfies the requirements of the
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zoning district in which it is to be located.
Accessory structures and uses shall not be
constructed or established upon a lot until the
principal buildings, structure or use has been
constructed or established, and shall not be used
unless the principal structure or use is being
used or operated.
(b) Standards; residential districts .
Except as set out in subsection (1) (d) below, no
more than one accessory structure shall be
allowed per lot . All accessory structures shall
meet the setback requirements of the underlying
zoning district . In addition, one minor
accessory structure no larger than one hundred
fifty (150) square feet in area shall be allowed
at any location on each lot . Lots zoned AG,
Agriculture District, shall not be subject to the
limitations contained in this Section.
(1) Maximum size : All accessory structures
within any residential district shall comply
with the following maximum building
footprint requirements :
a . No greater than eight hundred (800)
square feet on lots less than one-half
(1/2) acre;
b. No greater than one thousand (1, 000)
square feet on lots one-half (1/2) acre
to one (1) acre;
C. No greater than one thousand five
hundred (1, 500) square feet on lots
greater than one (1) acre, but less
than two (2) acres; and
d. Lots having two (2) or more acres are
allowed up to four (4 ) accessory
structures, providing the footprints of
all accessory structures do not exceed
a total of two thousand five hundred
(2, 500) square feet .
(2) Maximum Height : All accessory structures
within any residential district shall comply
with the following maximum height
requirements :
(a) On lots up to one (1) acre, the maximum
height shall be fifteen (15) feet .
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(b) On lots with one (1) or more acres, the
maximum height shall not exceed the
height of the primary structure .
(3) Residential swimming pools and landscape
features with water greater than two (2)
feet in depth shall be allowed in the rear
or side yard with the following provisions :
a. It must be located at least five (5)
feet from the property line;
b. It must be located at least twenty (20)
feet from the primary structure on any
adjoining lot;
C. It must be enclosed by a four (4) foot
high fence with a secured gate.
Section 30-404 . Telecommunication Towers;
Standards .
(a) A special use permit is required for a
telecommunications tower in all zoning districts
within the City of Cape Girardeau. No
telecommunication towers shall be allowed on any
right-of-way. The location of a
telecommunications tower is subject to the
following conditions :
(1) The applicant shall identify the location of
the proposed tower on a map showing the
other tower locations within the City. If
the proposed tower is located within one
mile of an existing tower, the applicant
must submit evidence demonstrating why the
existing tower is not suitable or available
for co-use .
(2) The tower shall be designed to accommodate
the co-use of at least two (2) other
providers and made available to other
providers for co-use for reasonable terms .
The applicant shall provide a notarized
statement as to the availability of the
tower for co-use .
(3) The design of the tower and accessory
structures shall maximize the use of
building materials, colors, textures,
screening and landscaping that effectively
blend the facilities within the surrounding
natural setting and environment .
168
(4 ) The tower shall be set back from the right-
of-way line of any public street up to a
distance equal to the height of the tower.
(5) Towers or antennas located on structures
shall not extend more than thirty (30) feet
above the highest point of the structure.
(6) The tower and antennas shall meet all
federal regulations, including but not
limited to, Federal Communication Commission
(FCC) emission standards and Federal
Aviation Administration (FAA) lighting
requirements .
(7) Any tower that is no longer in use for a
telecommunications purpose shall be removed
at the owner' s expense . The owner of the
tower shall provide the City with a copy of
the notice to the FCC of intent to cease
operations . All obsolete and abandoned
towers and accessory facilities shall be
removed within six (6) months of cessation
of use . In the case of multiple operators
sharing use of a single tower, this
provision shall not become effective until
all users cease operations . The applicant
shall submit an executed agreement to ensure
compliance with this requirement . If the
owner fails to remove an obsolete tower, the
City may cause the tower to be removed and
issue a special assessment tax bill for the
cost of said removal, which shall be a lien
against the real property affected.
Section 30-405 . Home Occupations .
(a) Purpose.
A home occupation is a permitted use in all
residential zoning districts . A home occupation
may be continued for only so long as it is
conducted lawfully and does not produce
conditions which cause a nuisance . Violations of
this Section may result in the loss of the
ability to operate the home occupation. No home
occupation shall be permitted if it :
(1) Changes the outside appearance of the
dwelling or is visible from the street;
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(2) Generates traffic, parking, sewage, water
use, or noise in excess of what is normal in
a residential neighborhood;
(3) Creates a hazard to person or property,
results in electrical interference, or
becomes a nuisance;
(4 ) Results in outside activities, storage or
display.
(b) Standards .
Unless otherwise regulated elsewhere in this
Chapter, a permitted home occupation shall be an
activity which is clearly incidental and
secondary to the use of the premises as a
residence, provided that :
(1) The activity employs no more than one (1)
employee at any given time, other than
family members residing in the dwelling
unit .
(2) The number of vehicle trips generated by
business customers, clients and vendors who
visit the residential dwelling unit does not
exceed twelve (12) trips per day on a weekly
average, occurring only between the hours of
7 : 00 a.m. and 10 : 00 p.m. , excluding trips
referenced in subparagraph five (5) herein.
(3) Direct sale parties or gatherings (such as
Tupperware) are limited to once a month and
held only between the hours of 9 : 00 a.m. and
10 : 00 P.M.
(4 ) There is no outside appearance of a home
occupation including, but not limited to,
parking, signs or lights . This restriction
shall not apply in the Agricultural Zone
Districts .
(5) The volume of deliveries or truck traffic is
not in excess of two (2) per day on a weekly
average, excluding regular postal service
and trips referenced in subparagraph (2)
herein. Semi tractor-trailer use for
deliveries is not permitted. This
restriction shall not apply in the
Agricultural Zone Districts .
(6) The activity is conducted wholly within a
main building or accessory building.
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(7) The activity uses no equipment or processes
that create noise, vibration, glare, fumes,
smoke, dust, odors, or electrical
interference, including interference with
radio or television reception, detectable by
any neighbors .
(8) The activity does not generate any solid
waste or sewer discharge, in volume or type,
which is not normally associated with
residential use in the neighborhood.
(9) The activity does not involve an illegal
activity.
(10) The activity does not require the receipt,
storage, or shipping of any hazardous
materials in quantities exceeding those
allowable in the current City Fire Code .
Section 30-406. Temporary Uses .
(a) Purpose.
This Section is designed to provide for certain
land uses and structures which are needed, or are
in place, for only short periods of time . These
uses are permitted in all zoning districts
because they are useful or necessary, and because
they do not permanently impact surrounding
property.
(b) Temporary uses allowed.
The following temporary uses of land are
permitted in any zoning district, subject to the
specific regulations and time limits which
follow, and subject to the other applicable
regulations of the district in which the use is
to occur.
(1) Contractors office, equipment trailers and
sheds (containing no sleeping or cooking
accommodations) accessory to a construction
project are permitted only during the
duration of such project and they shall be
located on the same property as the
construction project . All such temporary
structures shall be removed upon occupancy
of the completed construction, or upon
171
completion or abandonment of the
construction work, whichever occurs first .
(2) Real estate office (containing no sleeping
or cooking accommodations, unless located in
a model dwelling unit) incidental to a new
housing or other development, provided such
office may continue only until the sale or
lease of all dwelling units or non-
residential space in the development is
completed.
(3) Retail sales, such as bazaars, craft sales,
fireworks and Christmas tree sales, provided
that such activities do not exceed a total
of thirty (30) days within a twelve (12)
month period.
(4 ) Garage or yard sales, provided that no more
than four (4 ) garage or yard sales per
calendar year shall be allowed, and provided
that each garage or yard sale shall not
exceed a period of three (3) consecutive
days .
(5) Street festivals, subject to the following
restrictions :
a . When a residential district adjoins the
street where the festival is to be
held, only one festival shall be
allowed in any twelve (12) consecutive
month period. No such festival shall
exceed a period of three (3)
consecutive days, exclusive of a
reasonable period to prepare the street
prior to the event and to restore the
street after the event is finished.
b. Activities related to the event shall
be limited to a daily period extending
from 7 : 00 a.m. to 11 : 00 p.m.
C. All lighting, activities, noise or
increased traffic associated with the
festival shall not unreasonably disturb
surrounding residential properties .
d. The festival shall not litter or create
a nuisance to adjacent or nearby
properties, or violate any other
provision of the City Code.
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Section 30-407 . Nonconforming Uses .
(a) Purpose.
The purpose of this Section is to recognize the
legitimate interests of those who have lawfully
established structures or uses, which are caused
to be nonconforming by the adoption of this
Chapter, by permitting such nonconformities to be
continued. However, nonconformities may
adversely affect the orderly development,
maintenance, use, and taxable value of other
properties in their vicinity - properties that
are in compliance with these zoning regulations .
Therefore, it is necessary to subject
nonconforming uses to restrictions that are
designed to prevent the expansion or extension of
such uses, and to enhance the probability that
such uses will eventually be converted into
conforming uses .
(b) Standards for nonconforming uses .
(1) Any structure or use made nonconforming by
the adoption or subsequent amendment of this
Code shall be allowed to continue without
interruption or alteration subject to the
provisions of this Article .
(2) No nonconforming use shall be enlarged,
extended, reconstructed, or structurally
altered, except for ordinary maintenance,
unless required to do so by law.
(3) When a structure, the use of which does not
conform to the provisions of this Chapter,
is damaged by fire, explosion, act of God,
or the public enemy, to the extent of more
than eighty (80) percent of its fair market
value, it may only be restored upon the
issuance of a permit by the Board of
Adjustment . Such restoration must be at
least equal to the condition of the
structure immediately before the damage
occurred.
(4 ) Whenever a nonconforming use is superseded
by a permitted use, the nonconforming use
shall not be resumed.
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(5) Any nonconforming use which is discontinued,
or its normal operation stopped, for a
period of two hundred seventy-four (274)
consecutive days shall not be resumed, but
the use of the property shall thereafter
conform to the uses permitted in the
district in which it is located.
Section 30-408 . Home Daycares .
(a) Standards .
(1) The home daycare facility shall comply with
the State regulations for home daycares and
be properly licensed.
(2) The home daycare facility shall be located
in the dwelling used by the operator as his
or her private residence .
(3) One (1) registered non resident adult
assistant may be on call for emergencies
when required by the Missouri Division of
Family Services for licensing purposes .
(4 ) The operator of the home daycare shall
obtain a certificate of occupancy from the
City, provided that all applicable health
and safety regulations are complied with.
Such certificate of occupancy shall be
renewed yearly and prominently displayed on
the premises .
Section 30-409 . Excursion or Floating Gambling
Facilities .
(a) Standards .
( 1) Accessory uses associated with an excursion
gambling boat or floating gambling facility
shall include the following:
a . Boat support facilities;
b. Docking or mooring facilities;
C. Employee support facilities;
d. Ground transportation facilities;
e. Passenger ticketing and reception
facilities;
f. Parking facilities;
g. Security facilities; or
174
h. Signs, including those attached to a
building or other structure, a boat or
floating facility, or otherwise placed
on the premises constituting an
excursion gambling boat or floating
facility site .
(b) Off-street parking. Off-street parking and
loading facilities shall be provided as specified
in Section 30-501, except that the requirements
for off-street parking for an excursion gambling
boat or floating facility and its accessory uses
shall be one and one-half (11-5) spaces for every
two (2) passengers, based on maximum occupancy,
plus one (1) space per employee on the maximum
shift . In addition, full-size bus parking spaces
shall be provided as required by the Planning and
Zoning Commission and City Council .
(c) Site development plan. The developer shall
submit a formal site plan for review, which
includes, but is not necessarily limited to the
following:
(1) Maps and other graphics indicating the
boundaries of the development and all
properties to be included, indicating
whether such properties are owned, leased,
optioned, or proposed for such.
(2) The locations and general sizes of all
buildings, structures, parking lots and
other facilities comprising the development,
including data on size, facilities, and
occupancy limits of the planned excursion
gambling boat or floating facility, and
accessory uses .
(3) Evidence that the development contains
sufficient land to provide for any necessary
or proposed land-side development and
support facilities, including parking, and
the development includes sufficient river
frontage to accommodate the location and
operation of the planned excursion gambling
boat or floating facility.
(4 ) An impact analysis including, but not
limited to, expected access routes, traffic
volumes, peak hours of operation, needed
road or street improvements and traffic
controls necessary to accommodate the
175
proposed uses and traffic volumes, and plans
for on-site security and disaster response.
(d) All buildings and permanently moored structures
shall comply with applicable standards of the
City' s building codes. Further, no occupancy
permit for any accessory use set forth in this
Section shall be issued prior to the issuance of
occupancy permits for all new land-based
permanent structures proposed as a part of the
development. The City "Council may, however, at
its discretion approve a temporary occupancy
permit for any accessory use for a period of one
(1) year if the required land-based structures
are not completed.
Section 30-410 . Alternative Energy Systems .
(a) Solar energy systems and solar and earth-
sheltered structures .
Solar energy systems and solar and earth-
sheltered structures shall be a permitted use in
all districts, provided the system is in
compliance with minimum lot requirements, is
located on a structure or in rear or side yards,
and is maintained in good repair as an integral
part of the structure .
(b) Wind energy conversion systems (WECS) .
Wind energy conversation systems require a
special use permit in all districts . Each
application for a special use permit (SUP) shall
be accompanied by a dimensional representation of
the tower, including the conversion system, base,
footings and an accurate plan containing the
following:
(1) Property lines;
(2) Proposed location of tower on site;
(3) Location of all existing structures on side
and on adjoining properties;
(4 ) All above and below ground utilities; and
(5) All adjacent utility easements .
(c) Height for wind energy conversion systems .
176
The total height of the tower (including any
portion of the rotor or axis extending above the
tower) shall not exceed the horizontal distance
between the base of the tower and the nearest lot
line or building line, whichever is closer.
(d) Wind energy conversion system access .
Climbing access to the Wind Energy Conversion
System tower shall be limited either by means of
a fence six (6) feet high around the base with a
locking portal, or by limiting the tower climbing
apparatus to not lower than twelve (12) feet
above the ground.
Section 30-411 . In Home Elderly Care.
In home elderly care is designed to allow for elderly
or handicapped persons to reside in and be cared for
by the residents of a dwelling unit .
(a) Standards .
(1) Each elderly or handicapped person shall
have a separate bedroom in the dwelling unit
and have convenient access to a bathroom.
(2) No separate cooking facilities shall be
provided in the dwelling unit for the
elderly or handicapped persons .
Section 30-412 . Guest Houses .
(a) Purpose .
It is the purpose of these regulations to
establish specific standards for guest houses .
The intent is to preserve the integrity of the
existing residential areas while allowing
residents the opportunity to establish guest
houses on properties that can accommodate this
use .
(b) Standards .
(1) A guest house shall be used only by the
occupants of the principal dwelling, their
non-paying guests or domestic employees .
177
The guest house shall not be rented, and a
deed restriction specifying this requirement
shall be recorded by the property owner
prior to occupancy of the structure.
(2) A guest house may be permitted only on
properties which contain an existing owner-
occupied single family detached dwelling
unit . Only one guest house may be permitted
per lot .
(3) Guest houses shall be located in the rear
yard of the property, meet all setback
requirements of the zoning district, and
shall not extend into the required front or
side yards .
(4 ) The floor area of a, guest house shall not
exceed 500 square feet .
(5) The guest house shall be designed and
constructed with materials that are
comparable to and compatible with the
primary dwelling unit .
(6) The driveway serving the primary dwelling
unit shall also serve the guest house .
Section 30-413 . Height and Area Exceptions and
Modifications .
(a) Generally.
The regulations hereinafter set forth in this
Section qualify or supplement, as the case may
be, the district regulations appearing elsewhere
in this Chapter.
(b) Height.
The height regulations heretofore established
shall be adjusted in the following cases :
(1) Schools, public buildings and institutions
may be erected to any height in any district
in which they are permitted, provided front
and rear yards are increased in depth and
side yards are increased in width two (2)
feet for each foot of height that the
building exceeds the height regulations of
the district in which it is located.
178
(2) The height regulations prescribed herein
shall not apply to grain elevators,
television and radio towers, church spires,
belfries, monuments, tanks, water and fire
towers, stage towers or scenery lofts,
cooling towers, ornamental towers and
spires, chimneys, elevator bulkheads,
smokestacks, conveyors and flagpoles,
provided the height of these structures does
not violate any ordinance of the City.
(3) The limitation on number of stories shall
not apply to buildings used exclusively for
storage purposes, provided such buildings do
not exceed the height in feet permitted in
the district in which they are located.
(c) General area exceptions and modifications .
The area regulations heretofore established shall
be adjusted in the following cases :
(1) Every part of a required yard shall be open
to the sky, unobstructed by a building,
except for accessory buildings in a rear
yard, and except for the ordinary projection
of sills, belt courses, cornices, and
ornamental features not to exceed twelve
(12) inches .
(2) Open or lattice-enclosed fire escapes,
required by law, projecting into a yard not
to exceed three and one-half (31- ) feet and
the ordinary projection of chimneys and
pilasters shall be permitted by the city
engineer when placed so as not to obstruct
light and ventilation.
(3) Terraces, uncovered porches and ornamental
features which do not extend more than three
(3) feet above the floor level of the ground
(first) story may project into a required
yard, provided these projections be distant
at least two (2) feet from the adjacent side
lot line.
(4 ) Where a lot or tract is used for
educational, institutional, motel, hotel,
commercial, or industrial purposes, more
than one (1) main building may be located
upon the lot or tract, but only when such
179
buildings conform to all open space
requirements around the lot for the district
in which the lot or tract is located.
(d) Front yards . .
The front yards heretofore established shall be
adjusted in the following cases :
(1) Where forty (40) percent or more of the
frontage on the same side of a street
between two (2) intersecting streets is
developed with buildings that have observed
a front yard greater in depth than herein
required, new buildings shall not be erected
closer to the street than the average front
yard so established by the existing
buildings, except in the (M-1) and (M-2)
districts .
(2) Where forty (40) percent or more of the
frontage on one (1) side of a street between
two (2) intersecting streets is developed
with buildings that do not have a front yard
as described above, then:
a . Where a building is to be erected on a
parcel of land that is within one
hundred (100) feet of existing
buildings on both sides, the minimum
front yard shall be a line drawn
between the two (2) closest front
corners of the adjacent building on
each side, or
b. Where a building is to be erected on a
parcel of land that is within one
hundred (100) feet of an existing
building on one (1) side only, such
building may be erected as close to the
street as the existing adjacent
buildings, or
C. Where a building is to be erected on a
parcel of land that is more than one
hundred (100) feet from any building on
either side, a front yard having a
depth of not less than twenty-five (25)
feet shall be provided.
180
(3) Interior lots abutting on two (2) streets
shall provide the required front yard on
both streets .
(4 ) On corner lots, a front yard shall be
provided on each street except on lots of
record.
(5) An unenclosed balcony or unenclosed porch
may project into a front yard for a distance
not exceeding ten (10) feet . An enclosed
vestibule containing not more than forty
(40) square feet may project into a front
yard for a distance not to exceed four (4)
feet .
( 6) Vehicle fueling station pumps, pump islands
and canopies may be located within a
required yard provided they are not less
than fifteen (15) feet distant from any
street line and not less than fifty (50)
feet distant from any (R) district .
(7 ) In any (R) district, no fence, structure, or
planting shall be maintained within thirty
(30) feet of any street intersection.
(e) Side yards .
The side yards heretofore established shall be
adjusted in the following cases :
(1) Commercial or industrial buildings used in
part for dwelling purposes shall provide
side yards not less than five (5) feet in
width unless every dwelling room opens
directly upon a front yard, rear yard, or
court .
(2) For the purpose of the side yard
regulations, a two-family, or a multi-family
dwelling shall be considered as one (1)
building occupying one (1) lot .
(3) Whenever a lot of record at the time of the
passage of this chapter has a width of less
than fifty (50) feet, the side yard on each
side of a building may be reduced to a width
of not less than ten (10) percent of the
width of the lot, but in no instance shall
it be less than four (4 ) feet .
181
(4 ) On corner lots of record, there shall be a
side yard adjacent to the side street of not
less than ten (10) feet .
(5) A porte-cochere, carport or canopy may
project into a required side yard, provided
every part of such porte-cochere, carport or
canopy is unenclosed except for necessary
structural supports and not less than five
(5) feet from any side lot line.
(f) Rear yards .
The rear yards heretofore established shall be
adjusted in the following cases :
Where a lot abuts upon an alley, one-half the
alley width may be considered as part of the
required rear yard.
(g) Lot per family.
Where a lot of record at the time of the
effective date of this chapter or a lot in a
subdivision which the city council has officially
approved and agreed to accept at the time of the
effective date of this chapter has less area or
width than herein required in the district in
which it is located, such lot may nonetheless be
used for a one-family dwelling or for any other
nondwelling use permitted in the district which
it is located.
Article 3 . Chapter 30, Article II, Section 30-38, of the
Code of Ordinances of the City of Cape Girardeau, Missouri,
entitled "Off-street Parking and Loading Requirements", is
hereby renumbered as Chapter 30, Article V, Section 30-501,
entitled "Off-Street Parking and Loading Requirements" .
Article 4 . Chapter 30, Article II, Section 30-41, of the
Code of Ordinances of the City of Cape Girardeau, Missouri,
entitled "Billboards", is hereby renumbered as Chapter 30,
Article V, Section 30-502, entitled "Billboards" .
c.
Article 5 . Chapter 30, Article II, Section 30-42, of the
Code of Ordinances of the City of Cape Girardeau, Missouri,
entitled "Sign Usage", is hereby renumbered as Chapter 30,
Article V, Section 30-503, entitled "Sign Usage" .
182
Article 6. Chapter 30, Article II, Section 30-43, of the
Code of Ordinances of the City of Cape Girardeau, Missouri,
entitled "Fences", is hereby renumbered as Chapter 30, Article
V, Section 30-504, entitled "Fences" .
Article 7 . In accordance with the recommendation of the
City Planning and Zoning Commission, following Public Notice as
prescribed in Chapter 30 of the City Code and the Public Hearing
held on Tuesday, February 16, 2010, Chapter 30 of the Code of
Ordinances of the City of Cape Girardeau, Missouri, is hereby
further amended to change the zoning of all of the properties
depicted on the City' s Zoning District Map, a copy of which is
attached hereto and incorporated herein by reference, from their
designations prior to the adoption of this Ordinance to the
designations set forth on that Zoning District Map. The City
Council hereby finds and declares that the properties described
in this Article are at the present time particularly suitable
for the purposes and uses of the Zoning Districts set forth in
said Zoning District Map, and that such changes are reasonable
and in reasonable conformity with the existing uses and values
of the immediately surrounding properties .
Article 8 . If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof .
Article 9 . It is the intention of the governing body and
it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances of the
City of Cape Girardeau, Missouri, and the sections of this Code
may be renumbered to accomplish such intention.
Article 10 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED this day of r�
2010 . Wn
,
Ja n, Mayor
ATTEST:
Gayle Conrad, City Clerk -. O
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