HomeMy WebLinkAboutOrd.4178.12-06-2010 BILL NO. 10-106 ORDINANCE NO. 7� 7?
AN ORDINANCE REPEALING SECTIONS OF CHAPTER 30
AND REPEALING AND ENACTING NEW SECTIONS OF
CHAPTER 25 OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING
DEVELOPMENT REGULATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS :
Article 1 . Section 30-502 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, entitled "Billboards" is hereby
,repealed in its entirety, and a new Article to Chapter 25 entitled
"Article IV. Billboards" is hereby enacted in lieu thereof, in
words and figures, to read as follows :
ARTICLE IV. Billboards
Sec. 25-401 . Billboards .
Billboards shall be erected only upon approval of a
special use permit, as set out in Chapter 30, Section 30-
401 . In addition to the requirements of section 30-401,
the following regulations apply to the erection of
billboards :
(a) Billboards shall be allowed only in the C2, PD, Ml
and M2 zoning districts
(b) Billboards shall be allowed only on parcels of land
bordering the following streets :
(1) Interstate 55
(2) William Street (Route K) - West of Kingshighway
(3) Missouri Route 74 - West of Kingshighway
(4 ) Kingshighway from Boulder Crest Drive south to
Interstate 55
(c) No billboard shall be placed within fourteen
hundred (1, 400) feet of another billboard. This
paragraph shall not apply to billboards which are
located on opposite sides of the street to which
the billboard is oriented
(d) No billboard shall be placed within thirty (30)
feet of a street right-of-way
(e) No billboard shall be placed within one hundred
(100) feet of a property line of a property which
is used for residential purposes
(f) For purposes of placing billboards, a V-shaped
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billboard or a back-to-back type of billboard shall
be considered one (1) billboard. Sign faces of less
than one hundred and fifty (150) square feet may be
placed between billboard faces at the apex of the
"V" or across the rear of the "V, " but no such sign
shall be oriented toward a street upon which
billboards are not allowed. The angle of all sign
faces shall be oriented so that they are between
seventy five (75) degrees and ninety (90) degrees
to the street on which the billboard is permitted.
(g) No billboard shall be located in such a manner as
to obscure an official traffic sign, signal or
device, or obstruct a driver' s view of approaching
or intersection traffic.
(h) The maximum area of a billboard sign face shall be
three hundred (300) square feet . The maximum length
of a billboard sign face shall be thirty (30) feet .
The maximum total sign face area of a billboard
shall be six hundred ( 600) square feet .
(i) There shall be a minimum clearance of ten (10) feet
from grade of the street to which the billboard is
oriented to the bottom of a billboard sign face .
There shall be a maximum height of thirty (30) feet
from grade of the street to which the billboard is
oriented to the top of a billboard sign face.
(j ) Audio speakers are prohibited in association with
any billboard.
(k) Electronic, video or digital billboard images or
any portion thereof shall have a minimum duration
of at least eight seconds and shall be a static
display. No portion of the image may flash,
scroll, twirl, change color, or in any manner
imitate movement .
(1) Billboards may be illuminated, subject to the
following instructions :
(1) No revolving or rotating beam or beacon of
light shall be permitted as part of any
billboard. Flashing devices shall not be
permitted upon a billboard. However,
changeable copy signs, such as those used for
time and temperature displays, shall be
permitted, but shall not be permitted to
operate in a flashing or scrolling manner.
(2) External lighting, such as flood lights, thin
line and gooseneck reflectors, are permitted,
provided the light source is directed on the
face of the billboard and is effectively
shielded so as to prevent beams or rays of
light from being directed into any portion of
the street .
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(3) The illumination of any billboard within one
hundred (100) feet of a property line which is
used for residential purposes shall be
diffused or indirect in design to prevent
direct rays of light from shining into
adjoining residential districts .
(4 ) Electronic, video or digital billboard images
shall be equipped with automatic dimming
capability that adjusts the brightness to the
ambient light at all times of the day and
night . The maximum luminance produced by
electronic, video or digital billboard images
shall not exceed 0 . 3 foot-candles greater than
the ambient light level .
(m) The following billboards shall not be permitted to
remain or to be erected:
(1) Billboards which have been erected without a
building permit .
(2) Billboards that employ any stereopticon or
motion picture projection, or any portion of
which gives the illumination of motion. This
includes any electronic graphic signs or video
displays, but does not include signs that
contain changeable copy, such as time and
temperature .
(3) Billboards which are not clean, not in good
repair, not structurally sound, or obsolete
(billboards shall not be considered obsolete
solely because they temporarily do not carry
an advertising message) .
(4) Billboards which appear to attempt to
regulate, warn, or direct the movement of
traffic or which interfere with, imitate, or
resemble any official traffic sign, signal or
device .
(5) Billboards which are erected or maintained
upon trees or painted or drawn upon rocks or
other natural features .
( 6) Billboards which are nonconforming and damaged
or destroyed to an extent of more than sixty
(60) percent of the replacement cost .
(7) Billboards that prevent ingress or egress from
any doors, windows, or fire escapes .
(8) Billboards that are attached to a standpipe or
fire escape.
Article 2 . Chapter 30, Article V, Section 30-503, entitled
"Sign Usage" of the Code of Ordinances of the City of Cape
Girardeau, Missouri, is hereby repealed in its entirety, and a new
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Article to Chapter 25 entitled "Article V - Signs" is hereby
enacted in lieu thereof, in words and figures, to read as follows :
ARTICLE V. Signs
Sec. 25-501 . Purpose.
The purpose of this section is to protect the safety and
orderly development of the community through the
regulation of signs and sign structures .
Sec. 25-502 . Definitions .
The following works and terms shall, for the purposes of
this section, have the meanings shown herein.
(a) Abandoned Sign - Any sign and/or its supporting
sign structure which remains without a message or
whose display surface remains blank for a period of
one (1) year or more, or any sign which pertains to
a time, event or purpose which no longer applies,
shall be deemed to have been abandoned. Permanent
signs applicable to a business temporarily
suspended because of a change in ownership or
management of such business shall not be deemed
abandoned unless the property remains vacant for a
period of one (1) year or more. Any sign remaining
one (1) year after demolition of a principal
structure shall be deemed to be abandoned. Signs
which are present because of being legally
established nonconforming signs or signs which have
required a special use permit or a variance shall
also be considered as an abandoned sign.
(b) A-frame sign - A portable sign where the two (2)
sign faces are attached at the top in a hinged
fashion to allow the bottom portion of the two (2)
faces to spread apart and rest on the ground to
support the sign.
(c) Architectural Projection - Any projection that is
not intended for occupancy and that extends beyond
the face of an exterior wall of a building, but
that does not include signs as defined herein.
(d) Awning sign - A sign displayed on or attached flat
against an architectural projection or shelter
projecting from and supported by the exterior wall
of a building and composed of a covering of rigid
or nonrigid materials and/or fabric on a supporting
framework that may be either permanent or
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retractable, including such structures that are
internally illuminated by fluorescent or other
light sources .
(e) Banner Sign - A sign utilizing a flexible material
on which copy or graphics are displayed.
(f) Billboard - See Article IV.
(g) Building Elevation - The entire side of a building,
from ground level to the roofline, as viewed
perpendicular to the walls on that side of the
building.
(h) Canopy Sign - A sign affixed to the visible
surface (s) of a multisided overhead structure or
architectural projection supported by columns but
not enclosed by walls .
(i) Copy - Those letters, numerals, figures, symbols,
logos and graphic elements comprising the content
or message of a sign, excluding numerals
identifying a street address only.
(j ) Development Complex Sign - A freestanding sign
identifying a multiple-occupancy development, which
is controlled by a single owner or landlord,
approved in accordance with Section 25-506 (1) of
this chapter.
(k) Directional Sign - Any sign that is designed and
erected for the purpose of providing direction
and/or orientation for pedestrian or vehicular
traffic.
(1) Electronic, video, or digital message sign. A sign
capable of displaying words, symbols, figures or
images that can be electronically or mechanically
changed by remote or automatic means . These signs
include, but are not limited to, displays using
incandescent lamps, light emitting diodes (LEDs) ,
or liquid crystal displays (LCDs) .
(m) Double-faced sign. A sign with two faces, back to
back.
(n) Facade - See "Building elevation. "
(o) Freestanding sign - A sign principally supported by
a structure affixed to the ground, and not
supported by a building, including signs supported
by one or more columns, poles or braces placed in
or upon the ground.
(p) Frontage (Building) - The length of an exterior
building wall or structure of a single premise
oriented to the public way or other properties that
it faces .
(q) Frontage (Property) - The length of the property
line (s) of any single premise along either a public
way or other properties on which it borders .
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(r) Garage sale - Any sale conducted where used or
unwanted household items are offered for sale,
usually held in the garage, carport or driveway of
the seller' s home . Also commonly referred to as
"yard sales" .
(s) Interior sign - Any sign placed within a building,
including in a window. Interior signs are not
regulated by this chapter.
(t) Menu board - A freestanding sign oriented to the
drive-through lane for a restaurant that advertises
the menu items available from the drive-through
window, and which has no more than 20 percent of
the total area for such a sign utilized for
business identification, and which is not regulated
by this chapter.
(u) Monument sign - A freestanding sign that is above
ground level and is anchored to the ground by a
solid base, with no open space between the sign and
the ground. Such signs may be two-sided, provided
that both sides cannot be seen simultaneously from
any point .
(v) Off-premises sign - See "outdoor advertising sign. "
(w) Off-site directional sign - A sign structure which
provides directional assistance to access non-
residential uses conveniently and safely. Such
signs shall be limited in area, size, number,
height, and placement as identified in Section 25-
506 (i) (2) .
(x) On-premises sign - A permanent sign erected,
maintained or used in the outdoor environment for
the purpose of the display of messages appurtenant
to the use of, products sold on, or the sale or
lease of, the property on which it is displayed.
(y) Outdoor advertising sign - A permanent sign
erected, maintained or used in the outdoor
environment for the purpose of the display of
messages not appurtenant to the use of, products
sold on, or the sale or lease of, the property on
which it is displayed.
(z) Portable sign - Any sign not embedded in the ground
or permanently affixed to a building or sign
structure that is permanently embedded in the
ground. Portable signs are considered to be
temporary signs .
(aa) Projecting sign - A sign other than a wall sign
that is attached to or projects more than eighteen
(18) inches from a building face or wall or from a
structure whose primary purpose is other than the
support of a sign.
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(bb) Real estate sign - A temporary sign advertising the
sale, lease or rental of the property or premises
upon which it is located.
(cc) Roof line - The top edge of a peaked roof or, in
the case of an extended facade or parapet, the
uppermost point of said facade or parapet .
(dd) Roof sign - A sign mounted on, and supported by,
the main roof portion of a building, or above the
uppermost edge of a parapet wall of a building and
which is wholly or partially supported by such a
building. Signs mounted on mansard facades, pent
eaves and architectural projections such as
canopies or marquees shall not be considered to be
roof signs .
(ee) Sign - Any device visible from a public place that
displays either commercial or noncommercial
messages by means of graphic presentation of
alphabetic or pictorial symbols or representations.
Noncommercial flags or any flags displayed from
flagpoles or staffs will not be considered to be
signs .
(ff) Sign area - The area of the sign face . The. area of
any double-sided or "V" shaped sign shall be the
area of the largest single face only. The area of a
sphere shall be computed as the area of a circle.
The area of all other multiple-sided signs shall be
computed as 50 percent of the sum of the area of
all faces of the sign.
(gg) Sign Face - The surface upon, against or through
which the sign copy is displayed or illustrated,
not including structural supports or architectural
features of a building or sign structure.
(hh) Temporary Sign - A sign intended to display
messages of a transitory or temporary nature.
(ii) V-shape sign - Signs containing two faces of
approximately equal size, erected upon common or
separate structures, positioned in a "V" shape with
an interior angle between faces of not more than 90
degrees with the distance between the sign faces
not exceeding five (5) feet at their closest point.
(jj ) Wall or fascia sign - A sign that is in any manner
affixed to any exterior wall of a building or
structure and that projects not more than 18 inches
from the building or structure wall .
Sec. 25-503 . General Sign Types .
Sign types and the computation of sign area shall be as
depicted in Figures 1 through 2 .
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Figure 1 — General Sign Types
A
slaty m m
m �
A-Frame Sign Awning Sign Canopy Sign
I
onume
AGIVI E ACR ES
1
_ S
I I
Electronic, Video or Digital Free standing sign
Development Complex Sign Message Sign (Monument Style)
Pole
Si9rrs
Portable
- _
Sign
Free standing sign Portable Sign Projecting Sign
(Pole Style)
o ' o
Wall Sion
Wall Sign
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Figure 2 — Height and area computation methodology
----------------•
� A
Total Buildin Fronta ee
Sinn I Annth I Pole
Sign Area Measurement=
SZgn i Width x Hei ht
SIGNI --------_-__
(p l
� 1
� I 1
onument ; y
Sign ; cC=10 3
CU
I � _
G I V I �
' Measurement taken from existing grade level
Width
e---------------------e
Width Width
?--------------------------? 0----—---------------------------—
1 I I I I
w orW ETTE
s LMCircle
LM
•-------Wldth------
Width
e------- ------------e
Width
e--------------------------A
I I
Odd (Shape
dd - '
s
5 Shape i5 Odd Shape
CD9
Sec. 25-504 . General Provisions .
(a) Conformance of Codes. Any sign hereafter erected
shall conform to the provisions of this ordinance
and the provisions of the International Building
Code and of any other ordinance or regulations
within this city
(b) Signs in rights-of-way. No sign other than an
official traffic sign shall be placed within any
public right-of-way, unless specifically authorized
by other ordinances or regulations of the city.
Signs placed in the right-of-way shall be subject
to removal .
(c) Projections over public ways. Signs projecting
over public walkways shall be permitted to do so
only subject to the projection and clearance limits
either defined herein or, if not so defined, at a
minimum height of 10 feet from grade level to the
bottom of the sign. Signs, architectural
projections or sign structures projecting over
vehicular access areas must conform to the minimum
height clearance limitations imposed by the city
for such structures .
(d) Traffic visibility. No sign or sign structure
shall be erected within thirty (30) feet of the
paved portion of the intersection of any street or
in such a manner as to obstruct free and clear
vision, nor at any location where by its position,
shape or color it may interfere with or obstruct
the view of or be confused with any authorized
traffic sign, signal or device.
(e) On-Premises. Signs that advertise goods or
services not located on the same premise as the
sign are not allowed, except as authorized
elsewhere in this Article .
(f) Computation of frontage. If a premises contains
walls facing more than one property line or
encompasses property frontage bounded by more than
one street or other property usages, the sign
area (s) for each building wall or property frontage
will be computed separately for each building wall
or property line facing a different frontage . The
sign area (s) thus calculated shall be permitted to
then be applied to permitted signs placed on each
separate wall or property line frontage .
(g) Maintenance, repair and removal . Every sign
permitted by this ordinance shall be kept in good
condition and repair. When any sign becomes
insecure, in danger of falling or is otherwise
deemed unsafe by the code official, or if any sign
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shall be unlawfully installed, erected or
maintained in violation of any of the provisions of
this ordinance, the owner thereof or the person or
firm using same shall, upon written notice by the
code official forthwith in the case of immediate
danger, and in any other case within not more than
ten (10) days, make such sign conform to the
provisions of this ordinance, or shall remove it .
If within ten (10) days the order is not complied
with, the code official shall be permitted to
remove or cause such sign to be removed at the
expense of the owner and/or the user of the sign.
(h) Obsolete sign copy. Any sign copy that no longer
advertises or identifies a commercial use conducted
on the property on which said sign is erected must
have the sign copy covered or removed within 30
days after written notification from the code
official; and upon failure to comply with such
notice, the code official is hereby authorized to
cause removal of such sign copy, and any expense
incident thereto shall be paid by the owner of the
building, structure or ground on which the sign is
located
(i) Abandoned sign. Any sign structure that has no
message or no sign face for a continuous period of
one (1) year or more, or for which has
advertisement that no longer applies shall be
considered an abandoned sign. The sign shall be
removed within thirty (30) days after written
notification from the code official; and upon
failure to comply with such notice, the code
official is hereby authorized to cause removal of
such sign, and any expense incident thereto shall
be paid by the owner of the building, structure or
ground on which the sign is located.
(j ) Placement. If any sign is found to be in violation
of any provision of this Section and the identity
of the individual placing the sign at that location
cannot be determined, the owner of the business or
property that is advertised on the sign shall be
held prima facie responsible for such violation.
(k) Nonconforming signs. Any permanent sign legally
existing at the time of the passage of this
ordinance that does not conform in location, height
or size with the regulations of the zone in which
such sign is located, shall be considered a legal
nonconforming use or structure and shall be
permitted to continue in such status until such
time as it is either abandoned or removed by its
owner, subject to the following limitations :
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(1) Structural alterations, enlargement or re-
erection are permissible only where such
alterations will not increase the degree of
nonconformity of the signs .
(2) Any legal nonconforming sign shall be removed
or rebuilt without increasing the existing
height or area if it is damaged, or removed if
allowed to deteriorate to the extent that the
cost of repair or restoration exceeds fifty
(50) percent of the replacement cost of the
sign as determined by the code official .
Sec. 25-505 . Permits Required.
Unless specifically exempted, a permit must be obtained
from the code official for the erection and maintenance
of all signs erected or maintained within this city.
Exemptions from the necessity of securing a permit,
however, shall not be construed to relieve the owner of
the sign involved from responsibility for its erection
and maintenance in a safe manner and in a manner in
accordance with all the other provisions of this
ordinance .
(a) Construction documents. Before any permit is
granted for the erection of a sign or sign
structure requiring such permit, construction
documents shall be filed with the code official
showing the dimensions, materials and required
details of construction, including loads, stresses,
anchorage and any other pertinent data . The permit
application shall be accompanied by the written
consent of the owner or lessee of the premises upon
which the sign is to be erected and by engineering
calculations signed and sealed by a registered
design professional where required by the
International Building Code .
(b) Changes to signs. No sign shall be structurally
altered, enlarged or relocated except in conformity
to the provisions herein, nor until a proper
permit, if required, has been secured. The changing
or maintenance of moveable parts or components of
an approved sign that is designed for such changes,
or the changing of copy, business names, lettering,
sign faces, colors, display and/or graphic matter,
or the content of any sign shall not be deemed a
structural alteration.
(c) Permit Fees. Permit fees to erect, alter or
relocate a sign shall be in accordance with the fee
schedule adopted within this city.
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Sec. 25-506. Specific sign requirements .
(a) Wall signs. Every multi-family residential
complex, commercial or manufacturing building, and
every separate nonresidential building in a
residential zone may display wall signs per street
frontage subject to the limiting standards set
forth in Table 1 . For shopping centers or other
multiple occupancy nonresidential buildings, the
building face or wall shall be calculated
separately for each separate occupancy, but in no
event will the allowed area for any separate
occupancy be less than fifty (50) square feet .
TABLE 1
STANDARDS FOR WALL SIGNS
LAND USE/ZONING DISTRICT MAXIMUM AREA
(Square Feet)
Multi-family Residential 5 (name plate only)
Nonresidential in a Residential Zone 3 per lineal foot of building or tenant space
Commercial and Manufacturing fronting street
(b) Freestanding signs. In addition to any allowable
wall signs, every single-family residential
subdivision, multifamily residential complex,
commercial or manufacturing building, and every
separate nonresidential building in a residential
zone shall be permitted to display freestanding
signs per street frontage subject to the limiting
standards set forth in Table 2 .
(1) For subdivision, mobile home park or apartment
identification signs placed on a decorative
entry wall approved by the code official, two
identification signs shall be permitted to be
placed at each entrance to the subdivision or
apartment complex, one on each side of the
driveway or entry drive .
(2) Bed and breakfast inns or hostels are allowed
one freestanding yard sign not greater than 12
square feet and displaying only the name of
the facility.
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TABLE 2
STANDARDS FOR FREESTANDING SIGNS
LAND USE/ MAXIMUM NUMBER MAXIMUM HEIGHT MAXIMUM AREA
ZONING DISTRICT OF SIGNS (feet) s ware feet
RE, R-1, R-2, R-3, R-4, 2 per Arterial Street 5 40
R-5 & RMH Districts Entrance
1 Monument type sign
NC, Non-residential uses per Street Front- 1 square foot per 1 LF
in residential zones, AG, constructed with same 12 frontage up to 120 square
AG-1 building material as main feet
building
C-1, C-2, CBD, PD,
M-1 and M-2 (except in 1 square foot per 1 LF
locations identified 1 per Street Front 35 frontage-up to 150
below) square feet
C-1, C-2, CBD, PD, M-I
and M-2-located on
Kingshighway, Southern 1.5 square feet per 1 LF
Expressway and MO 1 per Street Front 40 frontage-up to 150
Route 74 (Shawnee square feet
Parkway)
C-1, C-2, PD, M-I and 2.5 square feet per 1 LF
M-2-located on 1 per Street Front 60 frontage up to 150 square
Interstate 55 feet
A-1 District(Airport) As Approved by Airport Manager
(c) Canopy and marquee signs.
(1) The permanently-affixed copy area of canopy or
marquee signs shall not exceed an area equal
to 25 percent of the face area of the canopy,
marquee or architectural projection upon which
such sign is affixed or applied.
(2) Graphic striping, patterns or color bands on
the face of a building, canopy, marquee or
architectural projection shall not be included
in the computation of sign copy area.
(d) Awning signs.
(1) The copy area of awning signs shall not exceed
an area equal to 25 percent of the background
area of the awning or awning surface to which
such a sign is affixed or applied, or the
permitted area for wall or fascia signs,
whichever is less .
(2) Neither the background color of an awning, nor
any graphic treatment or embellishment
thereto such as striping, patterns or
valances, shall be included in the
computation of sign copy area .
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(e) Projecting signs.
(1) Projecting signs shall be permitted in lieu of
freestanding signage on any street frontage .
Projecting signs shall be limited to one sign
per occupancy along any street frontage with
public entrance to such an occupancy, and
shall be further limited in height and area to
three (3) square feet per each one (1) lineal
foot of building frontage, except that no such
sign shall exceed an area of 150 square feet .
(2) No such sign shall extend vertically above the
highest point of the building facade upon
which it is mounted by more than three (3)
feet .
(3) Such signs shall not extend over a public
sidewalk in excess of fifty (50) percent of
the width of the sidewalk.
(4) Such signs shall maintain a clear vertical
distance above any public sidewalk a minimum
of ten (10) feet .
(f) Roof signs.
(1) Roof signs shall be permitted in commercial,
planned development, and manufacturing
districts only.
(2) Such signs shall not extend above the
roofline .
(3) The sign area for roof signs shall be assessed
against the maximum permitted area for wall
signs on the elevation of the building most
closely parallel to the face of the sign.
(g) Electronic, Video, or Digital Message Signs
(1) The maximum size of the electronic, video, or
digital message portion of signs in the CBD,
C-1, C-2, PD, M-1 or M-2 zoning districts
shall not exceed fifty (50) square feet .
(2) The maximum size of the electronic, video, or
digital message portion of signs in the NC
district or on the premise of any non-
residential use in any residential district
shall not exceed thirty-two (32) square feet.
(3) Electronic, video, or digital message signs in
an NC district or on the premise of any non-
residential use in any residential district
shall be turned off no later than 10 p.m. and
not turned on before 7 a .m.
(4) Flashing of messages or images is prohibited.
(5) Animation, defined as the illusion of motion,
is allowed unless the City Manager determines
that the animation constitutes a distraction
to traffic. Animation, or a sequence of
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animations shall not exceed eight (8) seconds
in length, followed by a transition of a
minimum of one and one-half (1 . 5) seconds or a
blank (black) slide of 0 . 5 seconds .
(6) Static messages or images shall remain constant
for a minimum of one and one-half (1 . 5)
seconds .
(7) Scrolling messages are allowed, but shall not
exceed eight (8) seconds in length.
(8) A minimum of one and one-half (1 . 5) seconds of
transition or a blank slide of a minimum of
0 . 5 seconds must appear after each eight (8)
seconds of any type of animation, messages or
images . Transitions may not involve flashing.
(9) Movies or videos involving live actors or
events are not allowed.
(10) Automatic dimming capability that adjusts the
brightness of the sign to the ambient light at
all times of the day and night is required.
The maximum illuminance produced by the sign
shall not exceed 0 . 3 footcandles greater than
the ambient light level .
(h) A-frame signs. A-frame signs are allowed in all
commercial, planned development, and manufacturing
districts, based on the following criteria :
(1) Such signs are limited to eight (8) square
feet per sign face with not more than two (2)
sign faces .
(2) The overall size of the sign shall not exceed
thirty (30) inches in width and forty-eight
(48) inches in height .
(3) Such signs may not be internally illuminated.
(4) Such signs may be placed only on the sidewalk
in front of the place of business it
advertises and must allow a three-foot wide
space on the sidewalk for pedestrians to pass.
(5) Such signs shall be removed from the sidewalk
and placed inside the business at the close of
each business day and/or whenever the business
ceases to be open.
( 6) Such signs shall be secured in a fashion to
prevent them from blowing over or falling
over.
(i) Signs for development complexes.
(1) Master sign plan required. All landlord or
single-owner controlled multiple-occupancy
developments on parcels exceeding three (3)
acres in size shall submit to the code
official a master sign plan prior to issuance
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of new sign permits . The master sign plan, as
approved by the code official, shall establish
standards and criteria for all signs in the
complex that require permits, and shall
address, at a minimum, the following:
a. Proposed sign locations .
b. Materials .
C. Type of illumination.
d. Design of freestanding sign structures .
e . Size .
f. Quantity.
g. Uniform standards for non-business
signage, including directional and
informational signs .
h. Letter of approval from land owner or
agent to be submitted with permit
application.
i . All applications for sign permits for
signage within a multiple-occupancy
development complex shall comply with the
master sign plan.
(2) Amendments. Any amendments to a master sign
plan must be approved by the code official and
signed by the owner (s) within the development
complex before such amendment will become
effective .
(j ) Directional signs.
(1) On-Premises signs. No more than two (2) on-
premises directional signs shall be permitted
at each public street entrance onto any
property in a commercial, planned development,
or manufacturing district . There shall be no
limit to the number of directional signs
providing directional information interior to
a lot . The maximum area for any directional
sign visible from adjacent property or rights-
of-way shall be six ( 6) square feet . Not more
than twenty-five (25) percent of the area of
any directional sign shall be permitted to be
devoted to business identification or logo.
(2) Off-premises signs. Signs directing the
public to locations of businesses or
facilities shall be allowed adjacent to
arterial and collector streets as identified
on the Major Street Plan, at the intersection
with the public streets leading to the
business or facility. All off-premises
directional signs shall be subject to the
following limitations :
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a. The sign area shall not exceed six (6)
square feet in area .
b. The sign shall be placed not less than
seven (7) feet above the surface of the
ground and shall not exceed ten (10) feet
in height above the ground surface .
C. The sign shall contain the name of the
facility, distance, logo and directional
arrow only.
d. A sign must be located completely on
private property.
e . A business or facility must be located
within the corporate limits, and shall be
allowed no more than two (2) such signs .
f. No sign may be located within fifty (50)
feet of another sign except when mounted
on a common post .
g. Signs which are no longer applicable
because of name changes, relocations,
going out of business, or other reasons
shall be removed immediately.
h. The square foot area of an off-premises
directional sign shall not be counted
toward the total allowable signage for
the lot on which it is located.
(k) Temporary signs.
(1) Real estate signs. Real estate signs shall be
permitted in all zoning districts, subject to
the following limitations :
a . Real estate signs advertising the sale of
a single residential lot may be placed on
that lot without limitation on the number
or size of such signs .
b. Real estate signs advertising the sale of
lots located within a subdivision shall
be limited to one (1) sign per entrance
to the subdivision, and each sign shall
be no greater than thirty-two (32) square
feet in area nor six ( 6) feet in height .
All signs permitted under this section
shall be removed within ten (10) days
after sale of the last original lot .
C. Real estate signs advertising the sale or
lease of space within commercial or
manufacturing buildings or vacant land
shall be no greater than thirty-two (32)
square feet in area nor six ( 6) feet in
height, and shall be limited to one sign
per street front .
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d. Real estate signs shall be removed not
later than 30 days after execution of a
lease agreement in the event of a lease,
or the closing of the sale in the event
of a purchase .
e . Real estate directional signs directing
the public to a property which is for
sale shall be allowed, but only on
private property with the permission of
the property owner.
f . In addition to the real estate sign
permitted under subsection a.
hereinabove, a banner or other type sign
may also be posted on the property to
advertise an open house for that
residential lot . This open house sign
may be placed not sooner than forty-eight
(48) hours before the open house and must
be removed not later than the end of the
day on which the open house is held. In
no event, however, shall such sign be
posted for more than three (3)
consecutive days .
(2) Development and construction signs.
Signs temporarily erected during construction
to inform the public of the developer,
contractors, architects, engineers, the nature
of the project or anticipated completion
dates, shall be permitted in all zoning
districts, subject to the following additional
limitations :
a . Such signs on a single residential lot
shall be limited to one sign, not greater
than three (3) feet in height and ten
(10) square feet in area .
b. Such signs shall be limited to one sign,
at each entrance to the development or on
one of the lots to be built upon, and
shall be no greater than six (6) feet in
height and thirty-two (32) square feet in
area .
C. Such signs for nonresidential uses in
residential districts shall be limited to
one sign, and shall be no greater than
three (3) feet in height and ten (10)
square feet in area .
d. Such signs for commercial, planned
development, or manufacturing projects
shall be limited to one sign per street
front, not to exceed ten (10) feet in
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height and thirty-two (32) square feet in
total area for projects on parcels five
(5) acres or less in size, and not to
exceed ten (10) feet in height and sixty
four (64 ) square feet in total area for
projects on parcels larger than five (5)
acres .
e. Development and construction signs may
not be displayed until after the issuance
of building permits by the building
official, and must be removed at the
expiration of the permit or not later
than 30 days following issuance of an
occupancy permit, whichever is earlier.
(3) Special promotions and events. In addition to
other signs allowed by this code, signs
temporarily displayed to advertise special
promotions and events shall be permitted
subject to the following limitations :
a . For non-profit organizations, the
following signs shall be permitted:
(i) On-premises . One (1) on-premises
sign, which may be a banner sign,
shall be permitted per street front
of the non-profit organization
sponsoring the event . Such signs
shall not contain commercial
advertising, be animated or
flashing and shall not exceed three
(3) feet in height and a total area
of thirty (30) square feet . Such
signs shall be erected not more than
thirty (30) days prior to the event
and shall be removed not more than
one (1) day after the event .
(ii) Off-premises . Off-premises signs
promoting a special event for a non-
profit organization shall be
permitted in all zoning districts .
No more than one (1) such sign shall
be displayed on any property, not
exceeding three (3) feet in height
and a total area of ten (10) square
feet . Such signs shall not be
animated, flashing or contain
commercial advertising. Banner
signs shall not be permitted. Such
signs shall be erected not more than
thirty (30) days prior to the event
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and shall be removed not more than
one (1) day after the event .
b. For commercial events or promotions,
signs shall be permitted only in
commercial, planned development, and
manufacturing zoning districts, with the
following restrictions :
(i) Not more than one (1) such sign
shall be displayed on any property,
not exceeding five (5) feet in
height and a total area of thirty-
two (32) square feet .
(ii) Electronic, video, or digital
message signs shall be allowed if
they meet the standards set out in
Section 25-506 Specific Sign
Requirements paragraphs (g) (5)
through (11) .
(iii) One banner sign is permitted if it
is securely attached to an exterior
wall or support structure of the
business the sign pertains to, is in
good repair and well maintained; and
does not block public access .
(iv) Such signs may be displayed for not
more than thirty (30) consecutive
days in any three-month period, and
not more than sixty (60) days in any
calendar year. The signs shall be
erected not more than five (5) days
prior to the event, and shall be
removed not more than one (1) day
after the event . No animated or
flashing signs shall be permitted.
(v) If signs are located on vehicles or
trailers, such signs shall be
displayed for not more than seven
(7) consecutive days at any one time
and not more than thirty (30) days
in a calendar year.
(4 ) Garage sale signs .
a . On-premises signs advertising a garage
sale conducted on the premises shall be
allowed, but only beginning the day
before the sale and being removed by the
end of the day of the sale .
b. Off-premises directional signs shall be
allowed to direct the public to a garage
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sale, but only on private property with
the permission of the property owner.
All such signs shall include the address
and date of the garage sale being
advertised, and are subject to the same
time restrictions as on-premises garage
sale signs .
(5) Portable signs. Portable signs shall be
permitted only in the commercial, planned
development, and manufacturing districts, as
designated in this code, subject to the
following limitations :
a . No more than one such sign may be
displayed on any property, and shall not
exceed a height of five (5) feet and a
total area of thirty-two (32) square
feet .
b. Such signs shall be displayed not more
than thirty (30) days in any calendar
year.
C. Any electrical portable signs shall
comply with the ICC Electrical Code, as
adopted in this city.
d. No portable sign shall be displayed prior
to obtaining a sign permit .
e . No animated or flashing signs will be
permitted.
(1) Exempt signs. The following signs shall be exempt
from the provisions of this Chapter.
(1) Official notices authorized by a court, public
governmental body or public safety official .
(2) Directional, warning or information signs
authorized by federal, state or municipal
governments .
(3) Memorial plaques, building identification
signs and building cornerstones when cut or
carved into a masonry surface or when made of
noncombustible material and made an integral
part of the building or structure .
(4 ) The flag of a government or noncommercial
institution, such as a school .
(5) Street address signs and combination nameplate
and street address signs that contain no
advertising copy and which do not exceed six
(6) square feet in area.
(m) Prohibited Signs. Signs that are not specifically
authorized are expressly prohibited. The
22
following devices and locations shall be
specifically prohibited:
(1) Signs located in such a manner as to obstruct
or otherwise interfere with an official
traffic sign, signal or device, or obstruct or
interfere with a driver' s view of approaching,
merging or intersecting traffic.
(2) Except as approved by the code official for
special events, signs encroaching upon or
overhanging public right-of-way. No sign shall
be attached to any utility pole, light
standard, public tree or any other public
facility located within the public right-of-
way.
(3) Signs which blink, flash or are animated by
lighting in any fashion that would cause such
signs to have the appearance of traffic safety
signs and lights, or emergency vehicle
warnings from a distance .
(4) Except as authorized in Section 25-506 (k) (3)
b, any sign attached to, or placed on, a
vehicle or trailer parked on public or private
property unless the following conditions are
met :
a . The primary purpose of such a vehicle or
trailer is not the display of signs;
b. The signs are magnetic, decals or painted
upon the vehicle or equipment and do not
break the silhouette of the vehicle; and
C. The vehicle or trailer is in operating
condition, currently registered and
licensed to operate on public streets
when applicable, and actively used or
available for use in the daily functions
of the business to which such signs
relate .
d. Vehicles and trailers used primarily as
static displays, advertising a product or
service, nor utilized as storage, shelter
or distribution points for commercial
products or services for the general
public.
e . Banner signs, except as otherwise
specifically authorized in this Code .
Article 3 . Chapter 30, Article V, Section 30-504, entitled
"Fences" of the Code of Ordinances of the City of Cape Girardeau,
Missouri, lis hereby repealed in its entirety, and a new Article to
Chapter 25 entitled "Article VI - Fences" is hereby enacted in lieu
23
thereof, in words and figures, to read as follows :
ARTICLE VI . Fences
Sec. 25-601 . Applicability.
The requirements of this section shall apply to the
construction, installation, extension and replacement of
all fences more than thirty-six (36) inches in height .
Sec. 25-602 . Permitting Process .
A fence permit shall be obtained prior to beginning
construction, extension or replacement of all applicable
fences. If more than thirty (30) percent of an existing
fence is being replaced, a permit must be obtained. To
obtain a permit for a fence, a completed application form
and site plan must be submitted to the City Manager. The
following regulations apply to the installation of any
fence requiring a permit .
Sec. 25-603 . General Standards
(a) Fences may be constructed up to, but not on, the
property line and must be entirely on the property
of the property owner constructing the fence . The
property owner is responsible for locating property
lines .
(b) Fences cannot be constructed within thirty (30)
feet of the intersection of two (2) streets, as
measured from the right-of-way/property line .
(c) Fences shall not be constructed within any utility
easement, except as authorized by the City Manager
after the property owner signs a waiver accepting
the responsibility for building a fence within a
utility easement .
(d) All fences must be constructed in a workmanlike
manner and maintained in their original upright
condition.
(e) Missing boards, pickets or posts shall be replaced
in a timely manner with material of the same type
and quality.
(f) Fences shall have adequate footings, foundations,
or post depth and size .
Sec. 25-604 . Location, type and height.
24
Residential uses
• Rear and side yards Maximum of six (6) feet
• Front yards Maximum of three (3) feet 50% of the surface must
be open
Commercial uses
• Rear and side yards Maximum of eight (8) feet May include barbed wire
on to
• Front yards Maximum of three (3) feet
In accordance with
Swimming pools Minimum of four (4) feet Section 13-37 of the City
Code
Tennis Courts/Athletic Fields Maximum of twelve (12) Must be open wire mesh
feet fences
Playgrounds/schools Maximum of eight (8) feet
Sec. 25-605 . Prohibited fences.
(a) No fence shall be constructed solely of a single wire or
of two (2) wires between posts or supports .
(b) No fence shall be constructed in whole or in part of
barbed wire, except for agricultural uses, and except for
top wire or wires on a security fence at least six (6)
feet in height .
(c) No fence shall be constructed in whole or in part of
cloth, canvas or other like material .
(d) No fence shall be used for advertising purposes .
(e) No fence shall have connected to it any type of
electrical current, except in the AG or AG-1
Districts .
Article 4 . There is hereby enacted a new Article to Chapter
25 entitled "Article VII - Retaining Walls", in words and figures,
to read as follows :
25
ARTICLE VII . Retaining Walls .
Sec. 25-701 . Applicability.
The requirements of this section shall apply to the
construction, installation, extension and replacement of
all retaining walls of more than four (4) feet in height,
as measured from the final grade at the lower-side of the
wall to the top of the wall .
Sec. 25-702 . Exemptions.
Retaining walls that meet the following requirements
shall be exempt from the requirements of this section:
(a) Retaining walls less than four (4 ) feet in height .
(b) Retaining walls designed as part of a structure.
(c) Retaining walls shown on approved improvement plans.
(d) Retaining walls designed as part of a public
capital improvement project .
Sec. 25-703 . Permitting Process.
A retaining wall permit shall be obtained prior to
beginning any construction, extension or replacement of
all applicable retaining walls . To obtain a retaining
wall permit, a completed application form and site plan
must be submitted to the City Manager. The site plan
shall include the following information:
(a) Location of all property lines
(b) Location of all existing and proposed structures
(c) Location of existing retaining walls on or adjacent
to the property that are to remain in place, if
applicable.
(d) Portions of existing retaining walls that will be
replaced, if applicable .
(e) Location of new retaining wall .
(f) Location of utilities and utility easements;
drainage easements and drainageways .
(g) Construction details to include, but not limited
to, dimensions, cross-sections and footing design.
(h) Elevations above and below the retaining wall .
(i) The height of the proposed retaining wall and the
material to be used.
(j ) Engineer' s certification, if required.
(k) Any additional information that may be requested by
City staff after initial review.
Once all of the required information is submitted, it
26
shall be reviewed for compliance. If the application is
approved, the applicant shall pay the permit fee and the
retaining wall permit will be issued. All retaining
walls shall be installed in compliance with the retaining
wall regulations and with the information shown on the
approved site plan and retaining wall permit application
form. The applicant shall contact the Division of
Inspection Services to request a final inspection upon
completion of the retaining wall . If the inspector
determines that the retaining wall was constructed in
accordance with the requirements contained in this
section and the approved retaining wall permit, a
Certificate of Compliance will be issued forthwith. If
the retaining wall does not pass the inspection, the
inspector shall prepare an inspection report detailing
the deficiencies within five (5) business days .
Sec. 25-704 . Engineer Certification Required.
An engineer' s design, certification and construction
observation shall be required in the instances listed
below. All engineering services shall be performed under
the supervision of a Professional Engineer registered in
the State of Missouri .
(a) Any retaining wall over four (4 ) feet in height
where 1 . 5 times the height of the wall is either
(1) greater than or equal to the building setback
of an adjacent lot, or (2) such calculated distance
would encroach upon any structure.
(b) Any retaining wall over four (4) feet in height
located adjacent to a public right-of-way.
Sec. 25-705 . Location of retaining walls .
The location of all retaining walls shall conform to the
following standards .
(a) Private property. All retaining walls shall be
located on private property and shall be built with
the consent of the property owners . The retaining
wall installer and/or property owner shall be
responsible to correctly locate property
boundaries .
(b) Sight triangle . Retaining walls over thirty (30)
inches tall constructed near street intersections
shall not be located within twenty-five (25) feet
of the intersection, as measured from the
property/right-of-way line, in order to provide a
reasonable degree of traffic visibility.
27
(c) Easements . Retaining walls shall not restrict
access to utilities . Retaining walls shall not
impede the normal flow of storm water and shall not
cross an open drainage channel . Approval of
retaining walls proposed in a utility or drainage
easement shall be subject to the discretion of the
City Manager. Retaining walls shall not be
constructed over a public or private access
easement .
Sec. 25-706 . Terraced Retaining Walls.
If walls are terraced, the upper wall shall be located no
closer to the lower wall than 1 . 0 times the height of the
tallest wall .
Example
4' 31
4'
v
Article S . There is hereby enacted a new Article to Chapter
25 entitled "Article VIII - Landscaping-Bufferyards) , in words and
figures, to read as follows :
ARTICLE VIII . Landscaping-Bufferyards .
Sec. 25-801 . Purpose.
The intent of this section is to :
(a) Establish healthy environmental conditions by
providing shade, air purification, oxygen
regeneration, groundwater recharge, storm water
runoff retention and treatment, erosion control,
and noise, glare and heat abatement .
(b) Provide visual buffering from a street, to buffer
potentially incompatible land uses, and to
generally enhance the quality of appearance of a
development site, and the City as a whole .
(c) Encourage the preservation of existing trees and
vegetation.
Sec. 25-802 . Applicability.
28
The landscaping and bufferyard requirements of this
section shall apply to those districts containing such
requirements, as specified in Chapter 30, Zoning
Regulations .
Section 25-803 . General Landscaping Requirements .
(a) Unless otherwise specified in Chapter 30, Zoning
Regulations, a minimum of fifteen percent (150) of
the total land area of any tract, parcel or lot
shall be landscaped. Landscaping shall be
reasonably distributed throughout the site. No
utility easement may be used for the required
landscaping areas, unless approved in writing by
the appropriate official of each affected utility.
(b) No new buildings or additions to existing buildings
shall be permitted unless additional landscaping is
provided on the tract, parcel or lot in an area
equal to at least fifteen (15) percent of the land
area occupied by the new building or addition,
unless otherwise specified in Chapter 30, Zoning
Regulations .
Sec. 25-804 . Parking Lot Landscaping Requirements .
(a) All parking lots located within twenty (20) feet of
a street right-of-way shall have a ten (10) foot
wide street landscaping strip on private property
separating parking areas from abutting street
rights-of-way containing no less than four (4 ) of
the categories of planting materials listed below.
The street landscaping strip shall contain at
least one tree per fifty (50) linear feet of street
frontage . Such trees may be clustered or arranged
within the area and need not be placed at even
intervals . The street landscaping strip may
contain driveways . In the Central Business
District (CBD) , this street landscaping strip shall
be designed and constructed to create an edge along
street rights-of-way that minimize the disruption
of the urban environment created by the wide
expanse of parking lots and vehicular use areas and
shall be consistent with any adopted streetscape
plans adopted for the area .
(b) A minimum of fifteen percent (150) of all parking
lots must consist of landscaped area. The
landscaped areas shall be reasonably distributed
throughout the parking lot . Any interior
landscaped areas shall be recessed areas which help
29
control and treat stormwater runoff, unless
otherwise allowed by the City Manager.
(c) If the parking requirements for a land use exceed
one hundred and fifty (150) parking spaces, parking
areas of no more than one hundred and fifty (150)
spaces shall be separated by a landscaped area
which is at least ten (10) feet in width. The ten
(10) foot wide landscaped area shall contain at
least four (4 ) of the categories of planting
materials listed below. In addition, trees shall
be planted within the ten (10) foot wide landscaped
area at the rate of a minimum of one tree for each
fifty (50) linear feet . Appropriately placed
connections between parking areas are permitted.
The following uses are exempt from the requirements
of this section: motor vehicle or trailer sales
and service; and farm machinery sales and service .
(d) Landscaping shall not be allowed to obstruct the
view of motorists using any street, private
driveway, parking aisles or the approach to any
street intersection so as to constitute a traffic
hazard or condition dangerous to the public safety.
Landscaping in these areas shall be a maximum of
eighteen (18) inches tall .
(e) Landscaping shall be maintained in good condition
and replaced within one (1) season where necessary
to ensure the continuation of appropriate
landscaped material .
(f) The landscape plantings shall be considered as an
element of a project in the same manner as paved
parking, building construction and materials, storm
water drainage, and other elements and shall be
included in the required site plan. All plant
materials shall be installed prior to issuance of
Certificates of Occupancy. A Temporary Certificate
of Occupancy (TCO) may be issued prior to
installation of plant materials provided that a
written assurance and a financial guarantee is
furnished to the City Manager to insure the
installation of required materials within six (6)
months of the issuance of the TCO. The financial
guarantee shall be equal to two times the cost of
the materials, as estimated by the owner' s
landscape architect, architect, land planner or
nurseryman, and the guarantee may be in the form of
a letter of credit, bond or cash.
(g) Property owners are encouraged to incorporate
stormwater management features into required
landscaping areas . If landscaped areas are used to
fulfill required stormwater management
30
requirements, owners shall annually certify to the
City that the stormwater management practices are
being maintained and performing properly.
Stormwater management requirements are specified in
Chapter 23 of this Code .
Sec. 25-805 . Bufferyards .
Bufferyards shall be a minimum of twenty (20) feet wide
and may be included within required yard setback areas .
No utility easement may be included in the bufferyard
area, unless approved in writing by the appropriate
official of each affected utility. Plantings shall
achieve an eighty percent (800) opacity within four (4)
years . Three types of bufferyards are required,
depending on the use of the property being developed and
the use or zoning district of the adjacent property:
Type A, B, and C. Type A is required for multi-family
residential uses or mobile home parks, either of which
are located adjacent to single family residential
districts or uses . Type B is required for commercial
uses, which are adjacent to any residential use or
district . Type C is required for manufacturing/
industrial uses, either of which are located adjacent to
any commercial or residential use or district . Barriers
are also required for the Type C bufferyard.
Type A bufferyard - plantings required per 100 linear
feet :
2 small deciduous or ornamental trees
1 medium and large deciduous shade tree
2 conifer or upright evergreen trees
10 shrubs
Grasses, ground cover plants, flowers or forbs as desired
Natural buffer area, where existing vegetation is equal
to or greater than required plantings as approved by the
City Manager.
Type B bufferyard - plantings required per 100 linear
feet :
3 small deciduous or ornamental trees
2 medium or large deciduous shade trees
2 conifers or upright evergreen trees
16 shrubs
Grasses, ground cover plants, flowers or forbs as desired
Natural buffer area, where existing vegetation is equal
to or greater than required plantings as approved by the
City Manager.
Type C bufferyard - plantings required per 100 linear
31
feet :
3 small deciduous or ornamental trees
3 medium or large deciduous trees
4 conifers or upright evergreen trees
20 shrubs
Grasses, ground cover plants, flowers or forbs as desired
Natural buffer area, where existing vegetation is equal
to or greater than required plantings as approved by the
City Manager
Solid barrier: six ( 6) foot tall solid wood fence; or
six (6) foot tall solid masonry/brick wall; or six (6)
foot tall solid evergreen hedge
Sec. 25-806 . Planting Materials
The categories of planting materials, and the minimum
planting sizes for planting materials, where applicable,
shall be as follows :
(a) Medium and large deciduous shade trees : two (2)
inch caliper, as measured six (6) inches above the
ground, as specified by the American Association of
Nurserymen or Shaw Nature Reserve .
(b) Small deciduous or ornamental trees : four (4) feet
in height as specified by the American Association
of Nurserymen or the GrowNative Native Planting
Information, with the exception of true dwarf
species .
(c) Conifers : six (6) feet in height .
(d) Missouri native grasses/sedges : as specified by the
GrowNative Native Planting Information.
(e) Upright evergreen trees : four (4) feet in height
as specified by the American Association of
Nurserymen or the GrowNative Native Planting
Information, with the exception of true dwarf
species .
(f) Deciduous shrubs : minimum two (2) gallon size .
(g) Evergreen shrubs : minimum two (2) gallon size .
(h) Ground cover plants (crowns, plugs, containers) :
In a number as appropriate by species to provide at
least fifty (50) percent surface coverage after two
(2) growing seasons .
(i) Grass seeding or sod: as appropriate to provide
complete coverage within the first growing season.
(j ) Perennial flowers or native Missouri forbs, as
specified by the GrowNative Native Planting
Information.
Article IX, X, XI . Reserved.
Article 6. If any section, subsection, sentence, clause,
32
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 7 . 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 8 . This ordinance shall be in full force and effect
ten days after its passage and approval . j
PASSED AND APPROVED this NA CLQ day of
2010 .
Harry E. edi r, Mayor
ATTEST:
Gayl Conrad, Citye�k r
�-�.
33