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HomeMy WebLinkAboutOrd.838.03-19-1990 BILL N0. 90-46 ORDINANCE NO. g 3� AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RUTH A. MEYER AND TIM SINGLETON, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A RADIO COMMUNICATIONS TOWER AT 529 NORTH BROADVIEW, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Ruth A. Meyer is the owner of certain property in the City of Cape Girardeau, on which she and Tim Singleton desire to construct , maintain and operate a radio communication tower ; and WHEREAS, the proposed location of said radio communication tower is 529 North Broadview Street , which property is presently zoned C-2, General Commercial District ; and ti9HEREAS, a Special Use Permit is required for said radio tower use in a C-2 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS : ARTICLE 1 . The City Council having duly considered the application finds that the granting of the Special Use Permit will not substantially increase traffic hazards , congestion, fire hazards or adversely affect the general character of the neighborhood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. ARTICLE 2. A Special Use Permit for purposes of constructing, maintaining and operating a radio communication tower , on the following described property : All of Lot 4 of the Southwest Quarter of Out Lot 80 of the City of Cape Girardeau, Missouri , ALSO, one-half of vacated Clark Avenue . is hereby granted to Ruth A. Meyer and Tim Singleton, to be effective ten ( 10) days after the date of passage and approval of this ordinance . The special use must comply with all regulations set forth in the Zoning Code for the district in which the use is located except those which have been specifically excepted under this permit , and all other applicable ordinances of the City of Cape Girardeau and any special conditions contained in the Special Use Permit , a copy of which is attached hereto and incorporated herein by reference . The City Manager is hereby given the power to execute the Special Use Permit for and on behalf of the City of Cape Girardeau , Missouri . ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS �� DAY OF � , 19�. Francis �. Rhodes, Mayor ATTEST: Julie . Dale Deputy ty Clerk SPECIAL USE PERMIT Ruth A. Meyer , 529 North Broadview Street , Cape Girardeau, MO 63701, and Tim Singleton , Route 1 , Box 47 G, P. 0, Box 537, Cape Girardeau, MO 63701 are hereby granted a Special Use Permit for purposes of constructing , maintaining and operating a radio communication tower , on the following described property for an indefinite period of time : All of Lot 4 of the Southwest Quarter of Out Lot 80 of the City of Cape Girardeau, Missouri , ALSO, one-half of vacated Clark Avenue . This Special Use. Permit is granted upon the condition that the Applicants be bound� by all City Ordinances which pertain to the Special Use Permit and that the Applicants be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit . Upon the failure of the Applicants to comply with these special conditions, the Special Use Permit will automatically terminate with the right of the City of Cape Girardeau to enter upon the land to abate such special use . SPECIAL CONDITIONS : l . Additions or modifications from the original building permit must be approved by the City Council . 2. Special use shall meet all zoning regulations . 3. Applicants shall install a minimum six ( 6) foot high chain link fence with three ( 3) strands of barbed wire at the top for security purposes . IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri , affixes his signature this day of , 19 J. Ronald Fischer , City Manager ATTEST: Julie A. Dale Deputy City Clerk STATE OF MISSOURI ) ) ss COUNTY OF CAPE GIRARDEAU ) On this day of , 19 , before me appeared J. Ronald Fischer, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri , a Municipal Corporation of the State of Missouri , and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IPd TESTIMONY WHEREOF, I have hereunto set m_y hand and affixed my official seal , at my office in Cape Girardeau, Missouri , the day and year first above written . Delores G. Needham, Notary Public My Commission Expires : October 8, 1992