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Home My WebLink AboutRES.2566.10-04-2010BILL NO. 10-136 RESOLUTION NO. aQ91a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, DIRECTING THE CITY MANAGER TO REQUEST THE CAPE GIRARDEAU COUNTY COMMISSION TO APPROVE AN ORDER AUTHORIZING THE CITY OF CAPE GIRARDEAU TO ADOPT AN ORDINANCE ESTABLISHING A SYSTEM OF PERIPHERAL ZONING AROUND THE CITY, PURSUANT TO THE PROVISIONS OF SECTION 89.145 OF THE REVISED STATUTES OF MISSOURI WHEREAS, the City of Cape Girardeau's goal is to provide for the orderly growth of the City and the protection of property values in areas in close proximity to the City limits; and WHEREAS, Section 89.145 of the Revised Statutes of Missouri sets forth a mechanism for the City of Cape Girardeau to use to help fulfill that goal by authorizing the City Council to adopt an Ordinance establishing a system of peripheral zoning in areas within a two mile radius around the City, once that authorization has been approved by an Order of the Cape Girardeau County Commission; and WHEREAS, a draft Ordinance entitled, "AN ORDINANCE ADOPTING A NEW SECTION 30-360 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, ENTITLED "PERIPHERAL ZONING" ", along with a map setting forth a region within a two mile radius of the City limits within which these regulations would apply, has been prepared in accordance with the requirements of Section 89.145 RSMo, and a copy of those materials is attached hereto and incorporated herein by reference; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, desires that the Cape Girardeau County Commission begin the process of approving an Order authorizing the City Council to adopt an Ordinance establishing a system of peripheral zoning in substantially the form set forth in the attached Ordinance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Girardeau, Missouri, that we fully support and endorse the attached proposed Ordinance establishing a system of peripheral zoning regulations, and we hereby direct the City Manager to forward these materials to the Cape Girardeau County Commission and request that the County Commission adopt an Order pursuant to the provisions of Section 89.145 RSMo authorizing the City Council of the City of Cape Girardeau to adopt an Ordinance in substantially that form. PASSED AND ADOPTED THIS �(M DAY OF � 6�� 2010 CITY OF CAPE GIRARDEAU, MISSOURI Harry E. Rediger, Mayor BILL NO. 10 - AN ORDINANCE THE CODE OF GIRARDEAU, ZONING" ORDINANCE NO. ADOPTING A NEW SECTION 30-360 OF ORDINANCES OF THE CITY OF CAPE MISSOURI, ENTITLED "PERIPHERAL BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. There is hereby adopted a new Section 30-360 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Peripheral Zoning", in words and figures, to read as follows: Sec. 30-360. Peripheral Zoning. (a) Purpose. Pursuant to the authorization set forth in Section 89.145 of the Revised Statutes of Missouri, peripheral zoning is hereby enacted to provide protection for areas included within the City limits that are located near the City boundaries, and to provide a mechanism for orderly growth and development of unincorporated properties located within a defined region extending up to two (2) miles from the City limits. (b) Area. The regions subject to the requirements of this Section shall be all of the unincorporated areas within two (2) miles of the Cape Girardeau City limits which are set forth on the map which is attached hereto as Exhibit "A". (c) Permitted Uses. All of the properties referred to in Subsection (b) above are hereby subject to all of the requirements concerning permitted uses; permitted uses (accessory); special uses; height, area, bulk and setback regulations; prohibited uses; nonconforming uses; and all other procedural approval and use requirements as an "AG -1, Exclusive Agricultural District" as set forth in Section 30-311 of this Chapter, except as otherwise provided in this Section. (d) Building Codes. City Building Codes do not apply within this zone to uses existing before the effective date of this Section, or to the future conforming uses. 1 (e) Future Non -conforming Uses. All other uses outside of the scope permitted in an AG -1 District, which are commenced after the effective date of this Section, shall require a zoning change following the requirements of this Article. Any development occurring on property rezoned pursuant to the provisions of this Subsection shall thereafter be subject to all City building codes, plan review and other development requirements, and subdivision 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. Article 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED this day of 2010. 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