HomeMy WebLinkAboutOrd.5302.06-15-2020BILL NO. 20-89
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, REGARDING CBD, CENTRAL BUSINESS
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. Section 30-332, entitled "CBD, Central Business
District", of Chapter 30 of the Code of Ordinances of the City
of Cape G.ix_ardeau, Missouri, reading as follows:
Sec. 30-332.. - CBD, central business district.
(a) Purpose. The central business district [CBD] 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,
1:<_i.verf:cont and Good Hope/Haarig areas of the City of Cape
Girardeau„ It is intended to allow flexible setbacks, smaller
lot si_;"es, 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,
char.actex, 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
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 cent:raa 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 principal 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.
11
(3) Any governmental building, including police and fire
stations.
(4) Residential uses.
(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 day cares.
(12) Mi.crobrevery.
(13) Bed and breakfasts.
(14) Restaurants, bars.
(15) Medical na.rijuana dispensary facilities, as permitted in
section 30-415, supplemental regulations.
(c) Permitted accessory uses.
(1) Accee;sor.7 structures and uses customarily incidental to
the above uses including, but not limited to, garages, and
dumpste r storage facilities as permitted in section 30-403,
supplemental regulations.
(2) Sols energy systems, as permitted in section 30-410,
supplemental .regulations.
(3) Short tern use of shipping containers for accessory uses,
as permitted in section 30-402, 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 (5) 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) Public utilities, except for buildings and accessory
structures that are normal and customary in a zoning
2
district which would allow other buildings of the same
nature as a use -by -right.
(8) Long term use of shipping containers for accessory uses,
as permitted in section 30-402, supplemental regulations.
(e) Standards.
(1) All activities and permitted uses except the following
shall be conducted entirely within a closed building.
a. Off-street parking and loading facilities.
I
b. Banks and financial institutions including automatic j
teller machines and drive-thru facilities with a maximum
of two (2) teller stations or lanes.
C. Outdoor eating and drinking facilities.
d. Public parks, playgrounds and recreational facilities.
e. Out, -.door live or amplified music provided that they are
in compliance with the city's nuisance ordinance. _.
(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-thr.0 facilities with a maximum
of two (2) teller stations or lanes.
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.
3
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.
(1.0) Consistent rooflines should be maintained with adjacent
buildings.
(f) F.ieigh.t., area, bulk and setback requirements.
(1) Maximum height: Three (3) stories not to exceed forty
(40) feet.
(2) Minimum lot area: None.
(3) M::n.i.mum lot width: None.
(4) Naxilmum density: None.
(5) M.in.i_mum 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.
(g) 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 twenty -foot wide bufferyard shall be required adjacent
to any property in the AG, AG -1, 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 25-202.
m
er eat `ten e y and a new Section 30-332,
entitled "CBD, Central Business District", is hereby enacted in
lieu thereof, in words and figures, to read as follows, to -wit:
Sec. 30-332. - CBD, central business district.
(a) Purpose. The CBD is the city's urban mixed-use district.
It encompasses the downtown area and contains a wide range of
uses and lot sizes. It also has the largest concentration of
historic buildings. In order to preserve the unique character
of the CBD, uses involving outdoor activities are limited to
those that do riot detract from the pedestrian -oriented nature
and visual appeal of the district. New buildings, as well as
exterior alterations and additions to existing buildings, are
required to meet certain design standards to ensure
compatibility. To accommodate existing lots and provide for
flexibility in the design of new development and redevelopment
projects, there are no minimum lot standards or setbacks.
(b) Permitted principal uses.
(1.) Art galleries or museums.
(2) Auditoriums or theaters.
(3) Banks or other financial institutions.
(4) Banquet facilities.
(5) Beet and breakfasts.
(6) Commerz::i_al day cares.
p) Commercial recreation facilities.
(8) Funeral homes or mortuaries.
(9) Governmental facilities.
(10) Health or fitness centers.
(11) Hospitals.
(.1.2) Hotels or motels.
(13) Institutions of higher education, including
universities and business, career, or technology schools.
(14) Instructional schools for art, dance, music, martial
arts, or other disciplines.
(15) Libraries.
(16) Medical marijuana dispensary facilities, as permitted
in section 30-415, supplemental regulations.
(17) Meeting halls.
(18) Microbreweries or microdistilleries.
(19) Nursing homes.
(20) Offices.
5
(21) Parks, playgrounds, or recreation facilities.
(22) Personal service establishments.
(23) Police or fire stations.
(24) Residential treatment facilities.
(25) Residential uses, excluding mobile homes.
(26) Restaurants or bars.
(27) Retail or rental establishments.
(28) Small-scale light manufacturing and industrial
facilities primarily utilizing artisans or digital
machinery.
(29) Transitional housing.
(30) Veterinary clinics or animal hospitals, excluding
livestock and kennels.
(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
regul.at.i..ons.
(3) Solar energy systems, as permitted in section 30-410,
supplemental regulations.
(d) Special uses.
(1) Any use not meeting the requirements of section 30-
332(e)(1) which would otherwise be a permitted use in this
section.
(2) Excursion gambling boats or floating gambling
facilities.
(3) Helicopter facilities, in conjunction with a hospital.
i
(4) Long term use of shipping containers for accessory
uses, as permitted in section 30-402, supplemental
regulations.
(5) Marinas or docks.
(6) 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.
(7) Telecommunication towers, as permitted in section 30-
404, supplemental regulations.
6
(B) The allowance of additional height up to a total of
sixty (60) feet, not to exceed five (5) stories.
(9) Wind energy conversion systems, as permitted in
section 30-410, supplemental regulations.
(e) Standards.
(1) All permitted uses shall be conducted entirely indoors
except the following:
a. Drive-thru or automatic teller machine (ATM) facilities
associated with a bank or other financial institution.
b. Eating or drinking facilities.
c. Live musical performances or the playing of recorded
music, provided that such activities do not violate
other provisions of the City Code.
d. Mobile food or beverage service facilities, provided
that such activities do not violate other provisions of
the City Code.
e..l?arki.ng or loading facilities.
f. Pci.y ks or playgrounds.
g. Permitted accessory uses that are customarily conducted
outdoors, :i.n. conjunction with a dwelling.
h. Public art.
i.. Public recreation facilities.
j. Shipping containers, as permitted in section 30-
332 (c) (2) .
k. Solar energy systems, as permitted in section 30-
332(c)(3).
1. Temporary uses, as permitted in section 30-406,
supplemental. regulations.
m. Walk-up windows for food or beverage service, provided
that such activities do not violate other provisions of
the City Code.
n. Waste containers, subject to screening provisions as
required elsewhere in the City Code.
(2) Design standards for new buildings.
a. New buildings shall be compatible with the general
architectural character of the surrounding buildings in
7
terms of setback, orientation, height, scale, massing,
materials, and colors. New buildings shall not:
1. Disrupt an existing pattern of setbacks along a
street;
2. Disrupt an existing pattern of buildings being
oriented toward a street; or
3. Result in disproportionate height, scale, or
massing relative to the surrounding buildings.
(3) Design standards for exterior alterations and additions
to existing buildings.
a. Exterior alterations and additions to existing
buildings shall be compatible with the architectural
character of the building being altered or added to in
germs of setback, orientation, height, scale, massing,
materials, and colors. Exterior alterations and
additions shall not:
I. Remove, materially alter, or obscure significant
:haracte.r-defining features such as parapets,
cornices, belt courses, corbels, quoins, and
pai.terned. brickwork;
2.. Remove, materially alter, or obscure non -
storefront wall openings in a manner that disrupts an
existing wall opening pattern on a public -facing
building elevation;
3,. Reduce or expand non -storefront wall openings to
fit replacement windows or doors, except for minor
shimming; or
4, Replace double -sash windows or divided light
windows with windows consisting of a single,
undivided light.
b. Exterior alterations and additions to existing
buildings shall be compatible with the general
architectural character of the surrounding buildings in
terms of setback, orientation, height, scale, massing,
materials, and colors. Exterior alterations and
additions shall not:
1. Disrupt an existing pattern of setbacks along a
street;
2. Disrupt an existing pattern of buildings being
oriented toward a street; or
3. Result in disproportionate height, scale, or
massing relative to the surrounding buildings.
(f) Height, area, width, density, 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) Maximum density: None.
(5) Minimum setbacks:
a. Front yard: None.
b. Rear yard: None.
C. Side yard: None.
(6) Minimum open space: None.
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 ind.ependent 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 bca 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 15th day of June, 2020.
Bob Fox, Mayor
ruce Tayla,Deputy City Clerk
r.�
9r
Chapter 30 Amendment Regarding CBD, Central Business District
May 13, 2020
TEXT TO BE DELETED IS SHOWN IN STRIKETHROUGH
TEXT TO BE ADDED IS SHOWN IN RED
ARTICLE AND/OR SECTION TITLES AFFECTED BY THIS AMENDMENT: None
Page 1 of 7
Chapter 30 Amendment Regarding CBD, Central Business District
May 13, 2020
Sec. 30-332. - CBD, central business district.
Purpose. The CBD is the city's urban mixed-use district. It encompasses the downtown area and
contains a wide range of uses and lot sizes. It also has the largest concentration of historic
buildings. In order to preserve the unique character of the CBD, uses involving outdoor activities are
limited to those that do not detract from the pedestrian -oriented nature and visual appeal of the
district. New buildings, as well as exterior alterations and additions to existing buildings, are required
to meet certain design standards to ensure compatibility. To accommodate existing lots and provide
for flexibility in the design of new development and redevelopment projects, there are no minimum lot
standards or setbacks.
(b) Permitted principal uses
(1) Any business that provides, displays, advertises and sells goods, suppla— . -, to the
general pub"G, as IGRg as all aGtivities aSSGGiated with said business are Gentained entirely
fndeeers as stated in the stag Ards set forth i., eGtien 2!1_332(()(2
(2) GeReral PP -tail ;-;Pd- GffiGe, !RGlYd4Rg banks -;;Ad- flAaRG*al ORStitUtlGRS.
(3) ARY geyeMmental 161ildinn *RGI diRg nnliGe and fore statleRS.
i
(4) esiden+ rl-uses.
(5) Hotels.
/ 6) M edtoa Incilities
(7)hd- fitno +
k#eaI+ora
m,-�r,a„�ss oet��erS.
(8) PubrlirG parks, ngrnmnas an�rTfo�ties.
(9) Private Mst+tu+mss of higher edoea+
(10)) Nursing hen es, seniOrc+tizen housiRg or retirement
(1) Commercial day carcoma
(12) Be �`Mi robr
3) �"n�lbreakfasts.
r`'c.-cJ
(1rr�rcrro�Lfasts.
(14) Restaurants, bars.
(15) Medical marijuana dispensary facilities, as permitted 2_0 445, supplem8FItal
-cgc.*asivrrs
(1) Art galleries or museums.
Page 2 of 7
Chapter 30 Amendment Regarding CBD, Central Business District
May 13, 2020
(2) Auditoriums or theaters.
(3) Banks or other financial institutions.
(4) Banquet facilities.
(5) Bed and breakfasts.
(6) Commercial day cares.
(7) Commercial recreation facilities.
(8) Funeral homes or mortuaries.
(9) Governmental facilities.
(10) Health or fitness centers.
(11) Hospitals.
(12) Hotels or motels.
(13) Institutions of higher education, including universities and business, career, or technology
schools.
(14) Instructional schools for art, dance, music, martial arts, or other disciplines.
(15) Libraries.
(16) Medical marijuana dispensary facilities, as permitted in section 30-415, supplemental
regulations.
(17) Meeting halls.
(18) Microbreweries or microdistilleries.
(19) Nursing homes.
(20) Offices.
(21) Parks, playgrounds, or recreation facilities.
(22) Personal service establishments.
(23) Police or fire stations.
(24) Residential treatment facilities.
(25) Residential uses, excluding mobile homes.
(26) Restaurants or bars.
(27) Retail or rental establishments.
(28) Small-scale light manufacturing and industrial facilities primarily utilizing artisans or digital
machinery.
(29) Transitional housing.
(30) Veterinary clinics or animal hospitals, excluding livestock and kennels.
(c) Permitted accessory uses.
limited te, garages, and duMpster sterage faGilities as permitted OR SeGtiE)R 30 403, 661ppleMeRta4
Feg6llatiGRs
(2) Solar energy systems, as permitted in section 30 4 10, supplemental regulations.
(3) Short term use of shipping containers for accessory uses, as permitted in section 30 402,
s pplomontal regulations.
Page 3 of 7
Chapter 30 Amendment Regarding CBD, Central Business District
May 13, 2020
(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) HeIiGGPteF landing pad, helipert or other land!Rg areas On relationship with med-ir.-Al f-ar-Olitie.
(2) TeIeGGMMI-IA'G--a4tiG-.A tower, as permitted in sear--tien 30-404, supplemental regulations.
(4) The alle�.Aianr--e of additional height, not to eXGeed sixty (60) feet Gr five (5) Stories.
(5) EXGUrsiGn gambling -hn-.;;t er floating gambling faGility, as permitted In sermien ,
supplemental regulations.
(6) Wind en8Fgy Genversion systerns, as peFrn'tted in Ser--tiA—n 2-0-4 1 Q, supplemental regulations.
a ZE)Ring dmStF'Gt whiGh weuld allew ether buildings ef the same Rature as a use by right.
(8) Leng term use ef shippiRg GORta'ReFS f9F aGGeSSeFY uses, as permitted on seGtOGR 30 402,
nnlomonta r u latiGRS
(1) Any use not meeting the requirements of section 30-332(e)(1) which would otherwise be a
permitted use in this section.
(2) Excursion gambling boats or floating gambling facilities.
(3) Helicopter facilities, in conjunction with a hospital.
(4) Long term use of shipping containers for accessory uses, as permitted in section 30-402,
supplemental regulations.
(5) Marinas or docks.
(6) 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.
(7) Telecommunication towers, as permitted in section 30-404, supplemental regulations.
(8) The allowance of additional height up to a total of sixty (60) feet, not to exceed five (5) stories.
(9) Wind energy conversion systems, as permitted in section 30-410, supplemental regulations.
(e) Standards.
building.(1) All aGtivities and permitted USeG eXGept the following shall be Gond6lGted entirely within a Glesed
Page 4 of 7
Chapter 30 Amendment Regarding CBD, Central Business District
May 13, 2020
(1) All permitted uses shall be conducted entirely indoors except the following:
a. Drive-thru or automatic teller machine (ATM) facilities associated with a bank or other
financial institution.
b. Eating or drinking facilities.
c. Live musical performances or the playing of recorded music, provided that such activities
do not violate other provisions of the City Code.
d. Mobile food or beverage service facilities, provided that such activities do not violate other
provisions of the City Code.
e. Parking or loading facilities.
f. Parks or playgrounds.
g. Permitted accessory uses that are customarily conducted outdoors, in conjunction with a
dwelling.
h. Public art.
i. Public recreation facilities.
j. Shipping containers, as permitted in section 30-332(c)(2).
k. Solar energy systems, as permitted in section 30-332(c)(3).
I. Temporary uses, as permitted in section 30-406, supplemental regulations.
m. Walk-up windows for food or beverage service, provided that such activities do not violate
other provisions of the City Code.
n. Waste containers, subject to screening provisions as required elsewhere in the City Code.
Page 5 of 7
Chapter 30 Amendment Regarding CBD, Central Business District
May 13, 2020
(9) Materials that are Gemparable on quality, , texture,
materials and b uil.d'RgS within the diotrint should be used.
(10) r�nsstent r�nnfl'iines should- be main�n� niith adjanont b iildinn&.
t(2))) Design standards for new buildings.
a. New buildings shall be compatible with the general architectural character of the
surrounding buildings in terms of setback, orientation, height, scale, massing, materials,
and colors. New buildings shall not:
Disrupt an existing pattern of setbacks along a street;
2. Disrupt an existing pattern of buildings being oriented toward a street; or
3. Result in disproportionate height, scale, or massing relative to the surrounding
buildings.
(3) Design standards for exterior alterations and additions to existing buildings.
a. Exterior alterations and additions to existing buildings shall be compatible with the
architectural character of the building being altered or added to in terms of setback,
orientation, height, scale, massing, materials, and colors. Exterior alterations and additions
shall not:
Remove, materially alter, or obscure significant character -defining features such as
parapets, cornices, belt courses, corbels, quoins, and patterned brickwork;
2. Remove, materially alter, or obscure non -storefront wall openings in a manner that
disrupts an existing wall opening pattern on a public -facing building elevation;
3. Reduce or expand non -storefront wall openings to fit replacement windows or doors,
except for minor shimming; or
4. Replace double -sash windows or divided light windows with windows consisting of a
single, undivided light.
b. Exterior alterations and additions to existing buildings shall be compatible with the general
architectural character of the surrounding buildings in terms of setback, orientation, height,
scale, massing, materials, and colors. Exterior alterations and additions shall not:
Disrupt an existing pattern of setbacks along a street;
2. Disrupt an existing pattern of buildings being oriented toward a street; or
3. Result in disproportionate height, scale, or massing relative to the surrounding
buildings.
(f) Height, area, hulk and sethaGk ro en+s. Height, area, width, density, setback, and open space
// requirements.
(1) Maximum height. Throe (3) stories not to oar, fort„ (nn) feet. Maximum height: Forty (40)
feet, not to exceed three (3) stories.
(2) Minimum in+ area. Minimum lot area: None.
(3) Minimum lot width.- Minimum lot width: None.
(4) Maximum density: None.
Page 6 of 7
Chapter 30 Amendment Regarding CBD, Central Business District
May 13, 2020
(5) Minimum „� Fequr, a Minimum setbacks:
a. .
Front yard: None.
•=rararrs�rrr_s�nsr_r:�`��s�nrnzr. .ns�rrrr.'T
yard:Rear None.
c. . Side
yard: None.
(6)
let, Minimum open space: None.
Page 7 of 7