HomeMy WebLinkAboutOrd.5025.11-20-2017 BILL NO. 17-173 ORDINANCE NO. SDa.5
AN ORDINANCE AMENDING SECTION 30-333 OF THE
CODE OF ORDINANCES OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, REGARDING THE C-1,
GENERAL COMMERCIAL DISTRICT
Article 1 . Section 30-333 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec . 30-333 . - C-1, general commercial district .
(a) Purpose. The C-1 district is primarily intended for
areas of the city located along minor thoroughfares and
adjacent to residential districts . Appropriate uses for
this district include commercial developments not
requiring long term outdoor display of merchandise, as
well as certain governmental, institutional, and community
service facilities . Other uses having the potential to
significantly affect adjacent residential districts may be
allowed with approval of a special use permit .
(b) Permitted principal uses.
(1) Art galleries or museums .
(2) Banks or other financial institutions .
(3) Bed and breakfasts .
(4) Commercial day cares .
(5) Commercial recreation facilities, excluding driving
ranges and outdoor shooting or racing.
(6) Funeral homes or mortuaries .
(7) Governmental facilities .
(8) Health or fitness centers .
(9) Institutions of higher education, including business,
career or technology schools .
(10) Instructional schools for art, dance, music, martial
arts or other disciplines .
(11) Libraries .
(12) Microbreweries .
1
(13) Middle schools, secondary schools, or development
centers for people with physical, mental or
developmental disabilities .
(14) Nurseries or greenhouses .
(15) Nursing homes .
(16) Offices .
(17) Parks or playgrounds .
(18) Personal service establishments .
(19) Pet grooming facilities, excluding kennels .
(20) Police or fire stations .
(21) Residential treatment facilities .
(22) Restaurants or bars .
(23) Retail or rental establishments, excluding the sale
or rental of outbuildings, vehicles, or large
agricultural or construction equipment .
(24) Television or radio studios, including any
transmitting facilities .
(25) Transit terminals .
(26) Veterinary clinics or animal hospitals, excluding
livestock.
(27) Wineries .
(c) Permitted accessory uses.
(1) Accessory structures and uses customarily incidental
to the above uses, as permitted in section 30-403,
supplemental regulations .
(2) Short term use of shipping containers for accessory
uses, as permitted in section 30-402, supplemental
regulations .
(3) Solar energy systems, as permitted in section 30-410,
supplemental regulations .
(d) Special uses.
(1) Banquet facilities .
(2) Hotels or motels .
(3) Kennels .
2
(4) Long term use of shipping containers for accessory
uses, as permitted in section 30-402, supplemental
regulations .
(5) Meeting halls .
(6) Mini warehouses or self-storage units .
(7) Public utilities, except for buildings or accessory
structures that are normal and customary in a zoning
district which would allow other buildings or
structures of the same nature as a use-by-right .
(8) Short term or long term use of shipping containers
for principal uses, as permitted in section 30-402,
supplemental regulations .
(9) Telecommunication towers, as permitted in section 30-
404 , supplemental regulations .
(10) The allowance of additional height up to a total of
sixty (60) feet, not to exceed a total of five (5)
stories .
(11) Transitional housing.
(12) Vehicle fueling, service or repair facilities,
excluding body or paint shops .
(13) Vehicle washing facilities, including automatic or
hand wash.
(14) Wind energy conversion systems, as permitted in
section 30-410, supplemental regulations .
(e) Standards.
(1) All storage of merchandise, materials, products or
equipment shall be within a fully enclosed building or
in an open yard so screened that the items being stored
are not visible from the street or any adjacent
property.
(2) Outdoor display of merchandise is prohibited, except
as follows :
a. Merchandise may be displayed outdoors as part of a
temporary use, as permitted in section 30-406,
temporary uses . Nursery stock, accessory landscaping
decorations, and seasonal and holiday decorations
may also be displayed outdoors during the
appropriate season. Such displays are permitted in
accordance with the following provisions :
1 . Displays shall not be located in a right-of-way.
3
2 . Displays shall not be located in parking spaces
used to meet the minimum number of parking spaces
as required elsewhere in the City Code . Displays
that are part of a bazaar, craft sale, garage or
yard sale, or similar temporary event are exempt
from this requirement, as determined by the city
manager.
3 . Displays shall not impede vehicular or
pedestrian access .
4 . Displays shall not alter the structure of any
building.
5 . Displays shall not create a health or safety
hazard.
6 . Displays shall be well kept and orderly.
7 . Signs may be displayed as permitted elsewhere in
the City Code .
8 . The display of seasonal items shall be limited
to a time period that is customary for the season
associated with the display, which shall be at
the discretion of the city manager.
(3) Outdoor service areas and equipment such as loading
docks, mechanical equipment, storage areas or waste
containers shall be located in the rear or side yard
and screened as required elsewhere in the City Code .
(f) Height, area, width, setback and open space
requirements.
(1) Maximum height : Forty (40) feet, not to exceed three
(3) stories .
(2) Minimum lot area: None .
(3) Minimum lot width: None .
(4) Minimum setbacks :
a. Front yard: Twenty-five (25) feet .
b. Rear yard: None, except twenty (20) feet when
adjacent to a residential use or district, or ten
(10) feet when adjacent to an agricultural use or
district .
c . Side yard: None, except twenty (20) feet when
adjacent to a residential use or district, or ten
(10) feet when adjacent to an agricultural use or
district .
4
(5) Minimum open space. Fifteen (15) percent of the lot
area.
Is hereby repealed in its entirety, and a new Section 30-333
entitled "C-1, general commercial district" is hereby adopted,
in lieu thereof, in words and figures, to read as follows :
Sec . 30-333 . - C-1, general commercial district.
(a) Purpose. The C-1 district is primarily intended for
areas of the city located along minor thoroughfares and
adjacent to residential districts . Appropriate uses for
this district include commercial developments not
requiring long term outdoor display of merchandise, as
well as certain governmental, institutional, and community
service facilities . Other uses having the potential to
significantly affect adjacent residential districts may be
allowed with approval of a special use permit .
(b) Permitted principal uses.
(1) Art galleries or museums.
(2) Banks or other financial institutions .
(3) Bed and breakfasts .
(4) Commercial day cares .
(5) Commercial recreation facilities, excluding driving
ranges or outdoor shooting or racing.
(6) Funeral homes or mortuaries .
(7) Governmental facilities .
(8) Health or fitness centers .
(9) Institutions of higher education, including business,
career or technology schools .
(10) Instructional schools for art, dance, music, martial
arts or other disciplines .
(11) Libraries.
(12) Microbreweries .
(13) Middle schools, secondary schools, or development
centers for people with physical, mental or
developmental disabilities .
(14) Nurseries or greenhouses .
(15) Nursing homes .
5
(16) Offices .
(17) Parks or playgrounds.
(18) Personal service establishments .
(19) Pet grooming facilities, excluding kennels.
(20) Police or fire stations .
(21) Residential treatment facilities .
(22) Restaurants or bars .
(23) Retail or rental establishments, excluding the sale
or rental of outbuildings, vehicles, or large
agricultural or construction equipment .
(24) Television or radio studios, including any
transmitting facilities .
(25) Transit terminals .
(26) Veterinary clinics or animal hospitals, excluding
livestock.
(27) Wineries .
(c) Permitted accessory uses.
(1) Accessory structures and uses customarily incidental
to the above uses, as permitted in section 30-403 ,
supplemental regulations .
(2) Short term use of shipping containers for accessory
uses, as permitted in section 30-402, supplemental
regulations .
(3) Solar energy systems, as permitted in section 30-410,
supplemental regulations.
(d) Special uses.
(1) Banquet facilities .
(2) Hotels or motels.
(3) Kennels .
(4) Long term use of shipping containers for accessory
uses, as permitted in section 30-402, supplemental
regulations .
(5) Meeting halls .
(6) Mini warehouses or self-storage units .
(7) Public utilities, except for buildings or accessory
structures that are normal and customary in a zoning
6
district which would allow other buildings or
structures of the same nature as a use-by-right.
(8) - Short term or long term use of shipping containers
for principal uses, as permitted in section 30-402,
supplemental regulations.
(9) Telecommunication towers, as permitted in section 30-
404 , supplemental regulations .
(10) The allowance of additional height up to a total of
sixty (60) feet, not to exceed a total of five (5)
stories .
(11) Transitional housing.
(12) Uses involving the sale or rental of outbuildings,
vehicles, or large agricultural or construction
equipment .
(13) Vehicle fueling, service or repair facilities,
excluding body or paint shops .
(14) Vehicle washing facilities, including automatic or
hand wash.
(15) Wind energy conversion systems, as permitted in
section 30-410, supplemental regulations .
(e) Standards.
(1) All storage of merchandise, materials, products or
equipment shall be within a fully enclosed building or
in an open yard so screened that the items being stored
are not visible from the street or any adjacent
property.
(2) Outdoor display of merchandise is prohibited, except
as follows :
a. Merchandise may be displayed outdoors as part of a
temporary use, as permitted in section 30-406,
supplemental regulations . Nursery stock, accessory
landscaping decorations, and seasonal and holiday
decorations may also be displayed outdoors during
the appropriate season. Such displays are permitted
in accordance with the following provisions :
1 . Displays shall not be located in a right-of-way.
2 . Displays shall not be located in parking spaces
used to meet the minimum number of parking spaces
as required elsewhere in the City Code . Displays
that are part of a bazaar, craft sale, garage or
7
yard sale, or similar temporary event are exempt
from this requirement, as determined by the city
manager.
3 . Displays shall not impede vehicular or
pedestrian access .
4 . Displays shall not alter the structure of any
building.
5 . Displays shall not create a health or safety
hazard.
6 . Displays shall be well kept and orderly. -
7 . Signs may be displayed as permitted elsewhere in
the City Code.
8 . The display of seasonal items shall be limited
to a time period that is customary for the season
associated with the display, which shall be at
the discretion of the city manager.
(3) Outdoor service areas and equipment such as loading
docks, mechanical equipment, storage areas or waste
containers shall be located in the rear or side yard
and screened as required elsewhere in the City Code.
(f) Height, area, width, setback and open space
requirements.
(1) Maximum height : Forty (40) feet, not to exceed three
(3) stories .
(2) Minimum lot area: None .
(3) Minimum lot width: None .
(4) Minimum setbacks :
a. Front yard: Twenty-five (25) feet .
b. Rear yard: None, except twenty (20) feet when
adjacent to a residential use or district, or ten
(10) feet when adjacent to an agricultural use or
district .
c . Side yard: None, except twenty (20) feet when
adjacent to a residential use or district, or ten
(10) feet when adjacent to an agricultural use or
district .
(5) Minimum open space . Fifteen (15) percent of the lot
area.
8
Article 2 . 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 3 . 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 4 . This ordinance shall be in full force and
effect ten days after its passage and approval .`
PASSED AND APPROVED THIS aLAY OF _ _a / 2017 .
1.4]; �t 1
ZE-;77
rry E. Rediger, Mayor
ATTEST:
(,), ;3 alri.z?...e.,x
Gayle Conrad, City Clerk ninti l ,�, e r9!! )
U1 o a
T.). _____ ___IKII <Qv9