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HomeMy WebLinkAboutOrd.5398.05-03-2021 BILL NO. 21-56 ORDINANCE NO. 673& AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING OFF-STREET PARKING REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . Section 25-201, entitled "Applicability", of Article II of Chapter 25 of the City Code, reading as follows : Sec. 25-201 . - Applicability. In all zoning districts except the CBD district, all uses established after the effective date of this section shall provide off-street parking solely for the parking of motor vehicles in operating condition of patrons, occupants, or employees in accordance with the following regulations . When an existing structure or use is expanded, or an existing use is changed to a new use, off-street parking shall be provided in accordance with the following regulations for the area or capacity of such expansion. While off-street parking is not required in the CBD zoning district, any off-street parking area provided shall be in conformance with the terms of this article . ,-.,. v_.r-;F•r�--c*«--�.+n.n-,T�--'""`Q"s-..,wvc.sc.,..*ns.:+°°r*'�s.�yro.'+ti:PA'S',*-sv^^-�+a is `hereby repealed in: its Neat rety and a new Section 25-201, entitled "Applicability", of Article II of Chapter 25 of the City Code, is hereby enacted in lieu thereof, in words and figures, to read as follows, to-wit: Sec. 25-201 . - Applicability. (a) Except pursuant to subparagraphs (b) and (c) herein, all uses and developments established or expanded after the effective date of this section shall provide off-street parking facilities in accordance with the provisions of this article. In the case of an expansion, additional off- street parking spaces shall be provided unless the number of existing spaces meets the requirement for both the existing portion and the expansion. Off-street parking spaces shall be used solely for the parking of motor vehicles in operating condition and associated with the use for which the spaces are provided. (b) Uses and developments in the CBD, Central Business District, shall not be required to provide off-street parking facilities . However, any off-street parking facilities provided shall conform to the provisions of this article with respect to their design. (c) The city manager may waive the requirement to provide an off-street parking facility for any use utilizing an existing development, if all of the following conditions are met : (1) The development is not being expanded; (2) An off-street parking facility cannot be reasonably provided on the property where the development is located due to existing physical constraints, such as a horizontal building area greater than 75% of the lot area, or slopes steeper than 3 : 1; and (3) An off-street parking facility cannot be provided in accordance with section 25-209 (c) . 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 an approval . PASSED AND APPROVED THIS DAY OF `13, , 2021 . • 14‘---- ---------------- Bob Fox, Mayor ATTEST: -_Q GM E GZ\' ruce Tayl , Deputy City Clerk 1 � ' i