HomeMy WebLinkAboutOrd.5326.08-17-2020 BILL NO. 20-118 ORDINANCE NO. L) (9 ;40
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, BY CHANGING THE ZONING OF PROPERTY
LOCATED AT 1017 AND 1019 HARMONY STREET, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM
R-3 TO CBD
WHEREAS, the City Planning and Zoning Commission has
recommended rezoning all of the property described in Article 1
of this Ordinance from R-3, High Density Single-Family
Residential District, to CBD, Central Business District; and
WHEREAS, Public Notice of such change was given as
prescribed in Chapter 30 of the Code of Ordinances of the City
of Cape Girardeau, Missouri, and a public hearing was held on
Monday, August 3, 2020, and
WHEREAS, the City Council of the City of Cape Girardeau,
Missouri, has elected to rezone the property described in
Article 1 from R-3, High Density Single-Family Residential
District, to CBD, Central Business District.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . Chapter 30 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, is hereby amended to change
the zoning from R-3, High Density Single-Family Residential
District, to CBD, Central Business District, for the following
described property:
1017 & 1019 Harmony Street
Part of Lot Six (6) of Sloan' s Subdivision in the City
and County of Cape Girardeau, Missouri, described as
follows : Begin at the intersection of the south line
of Harmony Street and the east line of Hanover Street
as the same are now located; thence run South along
the east line of Hanover Street, 121 feet; thence East
parallel to the south line of Harmony Street, 66 feet;
thence North parallel to the east line of Hanover
Street, 121 feet to the south line of Harmony Street;
thence West along the south line of Harmony Street, 66
feet to the Point of Beginning.
1
ARTICLE 2 . The City Council hereby finds and declares that
the property described in Article 1 of this Ordinance is at the
present time particularly suitable for the purposes and uses of
the CBD, Central Business District, and that such changes
authorized hereby are reasonable and in reasonable conformity
with the existing uses and value of the immediately surrounding
properties .
ARTICLE 3 . 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 thereof.
ARTICLE 4 . This ordinance shall be in full force and effect
ten days after its passage and approval .
PASSED AND APPROVED THIS 17th DAY OF August , 2020 .
•
Bob Fox, Mayor
ATTEST:
.........
or ,, _2,46gel 14 1 to
Bruce Ta r, Deputy City Clerk
it
2
Rezoning Request
1017 & 1019 Harmony Street
1104
Requested Rezoning from R-3 (High Density Single-family Residential) to
CBD (Central Business District)
Future Land Use Recommendation: Downtown Commercial
1001
1108
1106
1102
1111
1107
1019
1105
1017
1015
1017
1011
1017
1017
110
110
110
µ
1022
1106
1104
1022
1102
1010
Legend
1004
Area to be Rezoned
Parcels
Created by: Development Services
Zoning District
Carol Peters
CBD
June 29, 2020
IO
02550100Feet
R3
Rezoning Request
1017 & 1019 Harmony Street
1104
Requested Rezoning from R-3 (High Density Single-family Residential) to
CBD (Central Business District)
Future Land Use Recommendation: Downtown Commercial
1001
1108
1106
1102
1111
1107
1019
1105
1017
1015
1017
1011
1017
1017
110
110
110
µ
1022
1106
1104
1022
1102
1010
1004
Legend
Area to be Rezoned
Created by: Development Services
Parcels
Carol Peters
FLU Recommendation
June 29, 2020
Medium Density Residential
02550100Feet
Downtown Commercial
Chapter 30 Amendment Regarding CBD, Central Business District
May 13, 2020
Sec. 30-332. - CBD, central business district.
(a) Purpose. -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) Art galleries or museums.
(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.
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Chapter 30 Amendment Regarding CBD, Central Business District
May 13, 2020
(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 regulations.
(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.
(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.
(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).
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Chapter 30 Amendment Regarding CBD, Central Business District
May 13, 2020
k. Solar energy systems, as permitted in section 30-332(c)(3).
l. 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 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 terms of setback,
orientation, height, scale, massing, materials, and colors. Exterior alterations and additions
shall not:
1. 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:
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.
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Chapter 30 Amendment Regarding CBD, Central Business District
May 13, 2020
c. Side yard: None.
(6) Minimum open space: None.
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