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HomeMy WebLinkAboutOrd.5271.03-16-2020 BILL NO. 20-29 ORDINANCE NO. 6;:r7/ AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING ACCESSORY STRUCTURES AND USES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . Section 30-403, entitled "Accessory structures and uses", of Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, reading as follows : Sec. 30-403 . - Accessory structures and uses . (a) General provisions. All accessory structures and uses shall be incidental and subordinate to the principal use permitted in the district and shall be located on the same lot as the principal structure or use. No accessory structure or use shall be allowed unless it satisfies the requirements of the 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 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 (1) accessory structure shall be allowed per lot. All accessory structures shall meet the setback requirements of the zoning district in which they are located. In addition, one (1) 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, agricultural district or AG-1, exclusive agricultural district, shall not be subject to the limitations contained in this subsection. (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 (4) acre; - b. No greater than one thousand (1, 000) square feet on lots one-half (4) 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 shall be allowed up to four (4) accessory structures, provided that 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. b. On lots with one (1) or more acres, the maximum height shall not exceed the height of the principal 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, subject to the following requirements : a. It must be located at least five (5) feet from the property line; b. I•t must be located at least twenty (20) feet from the nearest principal structure on any adjoining lot; and c. It must be enclosed in accordance with chapter 7, article IIIa of the city code. (c) Personal cultivation of medical marijuana. The personal cultivation of medical marijuana, as defined in section 30-415, supplemental regulations, shall comply with all applicable State of Missouri laws and regulations including, but not limited to, identification cards, number and type of marijuana plants, safety, security, screening, storage, odor control, waste disposal, inspections, and use or consumption of marijuana or marijuana-infused products . Additionally, the personal cultivation of medical marijuana shall comply with all other applicable requirements of the city code to the extent authorized by State of Missouri laws and regulations . is hereby repealed in its entirety and a new Section 30-403, entitled "Accessory structures and uses", is hereby enacted in lieu thereof, in words and figures, to read as follows, to-wit: Sec. 30-403. - Accessory structures and uses. (a) General provisions . Accessory structures and uses shall be incidental and subordinate to the principal structures or uses they are intended to serve, and each one shall be located on the same lot as the principal structure or use. No accessory structure or use shall be constructed or established unless it complies with the standards of the district in which it is located. Furthermore, no accessory structure or use shall be constructed or established unless the principal structure is being used, or the principal use is active, in accordance with the provisions of this chapter. (b) Standards for accessory structures in residential districts . Except as set out in subsection (1) (c) below, no more than one (1) accessory structure shall be permitted per lot in residential districts . Furthermore, one (1) additional accessory structure no greater than one hundred fifty (150) square feet in area shall be permitted per lot and may be placed anywhere on the lot, subject to the provisions of section 30- 403 (a) and 30-403 (b) (2) . (1) Maximum footprint . No accessory structure in a residential district shall exceed the following maximum footprint requirements : a. One thousand (1, 000) square feet for lots one (1) acre or less; b. One thousand five hundred (1, 500) square feet for lots greater than one (1) acre but less than two (2) acres; and c. Lots having two (2) or more acres shall be permitted up to a total of four (4) accessory structures, provided that the sum of the footprints does not exceed two thousand five hundred (2, 500) square feet. (2) Maximum height. No accessory structure in a residential district shall exceed the height of the principal structure it is intended to serve except as permitted in section 30-413, supplemental regulations . (3) Residential swimming pools and landscape features with water greater than two (2) feet in depth shall be permitted in the rear or side yard, subject to the following requirements : a. The swimming pool or landscape feature shall be located a minimum of five (5) feet from all property lines and a minimum of twenty (20) feet from the nearest principal structure on any adjoining lot; and • b. It shall be enclosed in accordance with chapter 7, article IIIa of the city code. (c) Personal cultivation of medical marijuana. The personal cultivation of medical marijuana, as defined in section 30-415, supplemental regulations, shall comply with all applicable State of Missouri laws and regulations including, but not limited to, identification cards, number and type of marijuana plants, safety, security, screening, storage, odor control, waste disposal, inspections, and use or consumption of marijuana or marijuana-infused products . Additionally, the personal cultivation of medical marijuana shall comply with all other applicable requirements of the city code to the extent authorized by State of Missouri laws and regulations . 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. PASSED AND APPROVED THIS 16NAY OF ' X , 2020. "/ Bob Fo - , Mayor ATTEST: . g i fe tc ,,,,-.7,1,,, 0 l;` ,7j A truce Tay r, Deputy City Clerk ( : .