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Home My WebLink AboutOrd.660.02-01-1989 BILL N0. 88-230 ORDINANCE N0 . ' � AN ORDINANCE AMENDING SECTION 30-3 AND REPEALING SECTIONS 30-27(A) ( 6 ) , 30-29(A) ( 1 ) , 30-30(A) (1 ) AND 30-38( C) ( 5 ) OF THE CITY CODE AND ENACTING NEW SECTIONS IN LIEU THEREOF BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: SECTION 1 . The definition of "Basement" in Section 30-3 of the Code of Ordinances of the City of Cape Girardeau, Missouri , is hereby repealed and a new definition of "Basement" is enacted in lieu thereof , in words and figures , to read as follows: Basement: That portion of a building which is partly below and partly above grade and having one-half ( 1/2 ) or more of its height above grade . A basement shall be considered as a story above grade ( for the purpose of height regulations ) when the distance from grade to the finished surface of the floor above the �basement is more than six ( 6 ) feet for more than fifty ( 50 ) percent of the total perimeter or more than twelve ( 12 ) feet at any point . A basement shall also be counte d as a story above grade (for the purpose of height regulations ) if it is subdivided and used for business or dwelling purposes other than by a janitor employed on the premises , ( If one-half or more of the height is below grade , or the other above parameters are not met , said space shall be deemed to be a cellar and shall not be counted as a story for the purposes of height regulations . ) SECTION 2 . Sections 30-27( A) ( 6 ) , 30-29(A) ( 1 ) , 30-30(A) ( 1 ) and 30-38( C) ( 5) of the Code of Ordinances of the City of Cape Girardeau, Missouri , are hereby repealed in their entirety and new Sections 30-27(A) ( 6) , 30-29( A) ( 1 ) , 30-30(A) ( 1 ) and 30-38( C) ( 5) enacted in lieu thereof , in words and figures, to read as follows: Sec. 30-27 . "R-4" Multiple Dwelling District regulations . The regulations set forth in this section, or set forth elsewhere in this ordinance when referred to in this section, are the district regulations in the "R-4" Multiple Dwelling District . (A) Use regulations . A building or premises shall be used only for the following purposes: ( 6 ) Church , Sunday school , or religious , educational and eleemosynary institutions of a philanthropic nature , but not a penal or mental institution. Sec. 30-29 . "C-2" General Commercial District regulations . The regulations set forth in this section or set forth elsewhere in this ordinance , when referred to in this section, are the regulations in the "C-2" General Commercial District . (A) Use regulations . A building or premises shall be used only for the following purposes: ( 1 ) Any use permitted in the "C-1" Local Commercial District , including any residential use without a special use permit being required. Sec. 30-30 . "C-3" Central Business District regulations . The regulations set forth in this section or set forth elsewhere in this ordinance when referred to in this section, are the district regulations of the "C-3" Central Business District . (A) Use regulations . A building or premises shall be used only for the following purposes . (1 ) Any use permitte d in the "C-2" General Commercial District without restrictions imposed in the "C-2" District , including any residential use without a special use permit being required. Sec. 30-38 . Special Use regulations . ( C) Special uses . ( 5) Church or other place of worship, or Sunday school , in "R-1 " , "R-2" , or "R-3" Residential Districts . SECTION 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 hereof . SECTION 4 . 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 . SECTION 5 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF � , 1989 . � r rancis E. hodes , Mayor ATTEST: ; �� E elyn � . LeGran , City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager � Council Letter No. 368 Agenda December 21, 1988 The Honorable tilayor an� Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: An Ordinance Amending and Repealing Sections of the City Zoning Codes In order to clarify and simplify, where possible, application of the City's Zoning Ordinance, the City Planner has begun reviewing specific elements of the Ordinance. The Planning and Zoning Commission has reviewed the first three "Planning Series Amendments" and at its December 14th meeting unanimously recommended them for adoption by the City Council. If the City Council wishes to proceed with any or all of the proposed amendments, the Council will need to set a public hearing date and give public notice at least 15 days prior to the hearing. The notice should also refer to the proposed amendments. `�' The elements of the Zoning Ordinance proposed for amendment at this time are: 1. Definition of a basement 2. Residential uses in C-2 and C-3 zones 3. Churches in R-4, C-1, C-2, and C-3 zones Explanation: Definition of a Basement The definition of a basement in the Zoning Ordinance differs slightly in wording from that in the BOCA Basic Building Code. While this does not create a major problem, it does cause confusion from time to time. It is felt that it would be simpler and more expedient to amend the Zoning Ordinance rather than the BOCA Code in regard to this minor matter. The recommendation is to amend the definition of a basement to include wording from the BOCA Code. Residential Uses in C-2 and C-3 Zones The Zoning Ordinance presently "stacks" R-4 uses into C-1, Local Commercial Districts, with the provision that "a special use permit must be granted . . . to permit a use for dwelling purposes in a C-1 District." C-1 uses are then "stacked" (automatically permitted) into the C-2, General Commercial Districts, and C-2 uses are "stacked" into the C-3, Central Business Districts, without further reference to residential uses. Interpretation to date has been that special use permits are therefore required for ^, residertial uses in C-2 and C-3 zones. '.,-q K '� �F '' � :1 a � � �x�. �. ::. "..,7 7 :. � � �-.�...�_ �� Y '�,� .''� � �_ ��,y� s.� h ,.�• ��.d'�� P � '� � � ;� � r r . ., .. i� ' �. -,. '�� '�"� ..��,3 �'� � -��? - .. r��. �.i:.ai,�n a i i� �ti��_ ': �..'^. :u^�''�`'�.i'�� . . ��,�� _ . . City Council Letter �E368 December 21, 1988 ^ Page 2 In general terms, and more or less by definition, a C-1 Loca! Commercial District serves a more immediate area than a C-2 or C-3 district. Therefore, "local commercial" districts are generally smaller and more intimately associated with their surrounding neighborhoods. The rationale for requiring special use permits for residences in such areas is to "protect" the ,commercial designation to a degree. This rationale has much less application in C-2 zones and even less in C-3 zones (typically downtown areas) where we would like to see more residential use (to support commercial uses). Therefore, the recommendation is to clearl remove the requirements for special use permits for residential uses in C-2 and C-3 zones. Churches in R-4, C-1, C-2 and C-3 Zones The Zoning Ordinance is presently not altogether clear on the treatment of churches. The "R-4" Multiple Dwelling District regulations allow "Religious, educational and eleemosynary institutions of a philanthropic nature, but not a penal or mental institution," as an allowed use without restriction. Also, there is no definition of "church," nor of "religious institution." Further, the special use regulations list as an allowable special use a "church or other place of worship, or Sunday school," without comment regarding districts in which such are allowed. As a result, the interpretation to date has been that the special use regulations require a special use permit for churches, regardless of the district they are located in and irrespective of the allowance of religious institutions in "R-4" Districts. It is the City Planner's opinion that the original intention was to include churches as ^ an allowable use (religious institution) in R-4 Districts, which would then automatically "stack" such uses into C-1, C-2 and C-3 districts as well. It is not felt that there is sufficient reason to require special use permits for churches in R-4, C-1, C-2 and C-3 Districts, where many uses are functionally similar in many aspects. The proposed amendments would retain special use permits for churches in R-1, R-2, and R-3 zones. However, there is sufficient reason to require special use permits for churches in R-1, R-2, and R-3 Districts (to protect residential uses, ensure proper access, signage, etc.) The City staff recommends that the City Council set a public hearing for January 18, 1989, at 7:30 p.m. to consider the attached ordinance. Respectfully submitted, �� J. Ronald Fischer City anager � ��ti� ent M. Bratton City Planner KMB/JRF/kap /"`� Attachment - �� R . . _ � � y <.. .f.�, �, . :�'� .� _ .,. _ . �*�:._� � � � � . �.-A.v � . -Ni �y,4F. '�� 4� a' 3 '�. ! - ��. e � . ` r y r��,. .,� . �y'., w�,^+ -i�' � � P'f,c'�,,'•"{ �Y '�' ,"t �*„�.' , . ;F. �r "�. . . � ..- r . ' .-.v � .i�'��'�3 ��._.� � . 4� .��.��v_�`'�£.��' . . , . CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager �'` Council Letter No. 9 Agenda January 18, 1989 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: An Ordinance Amending and Repealing Sections of the City Zoning Codes In order to clarify and simplify, where possible, application of the City's Zoning Ordinance, the staff has begun reviewing specific elements of the Ordinance. The Planning and Zoning Commission reviewed the first three "Planning Series Amendments" at its December 14th meeting and unanimously recommended them for adoption by the City Council. In order to proceed with any or all of the proposed amendments, the City Council must hold a public hearing on the amendments. The elements of the Zoning Ordinance proposed for amendment at this time are: l. Definition of a basement ^ 2. Residential uses in C-2 and C-3 zones 3. Churches in R-4, C-1, C-2, and C-3 zones Explanation: Definition of a Basement The definition of a basement in the Zoning Ordinance differs slightly in wording from that in the BOCA Basic Building Code. While this does not create a major problem, it does cause confusion from time to time. The recommendation is to amend the definition of a basement to include wording from the BOCA Code. Residential Uses in C-2 and C-3 Zones '' The Zoning Ordinance presently "stacks" R-4 uses into G l, Local Commercial Districts, with the provision that "a special use permit must be granted . . . to permit a use for dwelling purposes in a C-1 District." C-1 uses are then "stacked" (automatically permitted) into the C-2, General Commercial Districts, and C-2 uses are "stacked" into the C-3, Central Business Districts, without further reference to residential uses. Interpretation to date has been that special use permits are therefore reauired for residential uses in C-2 and C-3 zones. � � �� : _ , . :.._ _. ;:_:.... �,_ . -. , ,, _ ,' �, � _ . �..K _ .� � � �,�.., ,. . �,. ...:,, .., , ,.,,.: ,� �- - �. . ,, . f.. .� �,: x_ � , ,,. �-- � � � � � i � � � ��. ��.;� ` �� S �?� :�_:p 2�r a - �, ;�.,. <: � �. , , � , ., , . ' , ' v _ . '-_. _ z_, _. ,� � _�; _., � °'' � �'�' .:.,,,,,ux .� ', 't ,�'v °'h .�. � ;E. a -C _ e � .,'�a.��'u� �,_,� �,' 1 � °"a�� .:r� �� y,,��k- -1 �'Z ��' i -�,� a` ,�"�„' a"�,�� +v. '��.:.. ��j �4'r.�•.. ...:.,.:�� . ��d'��*.�."�'_�£��:.�t3� sv$'`.'��'.,�-:'^,c.�^."s�.�a�.a',��a..l�r City Council Letter �l9 Janaury 18, 1989 n. Page 2 In general terms, and more or less by definition, a C-1 Local Commercial District serves a more immediate area than a C-2 or C-3 district. Therefore, "local commercial" districts are generally smaller and more intimately associated with their surrounding neighborhoods. The rationale for reauiring special use permits for residences in sucfi areas is to "protect" the commercial designation to a degree. This rationale has much less application in C-2 zones and even less in C-3 zones (typically downtown areas) where we would like to see more residential use (to support commercial uses). Therefore, the recommendation is to clearlY remove the requirements for special use permits for residential uses in C-2 and C-3 zones. Churches in R-4, C-1, C-2 and C-3 Zones The Zoning Ordinance is presently not altogether clear on the treatment of churches. The "R-4" [�lultiple Dwelling District regulations allow "Religious, educational and eleemosynary institutions of a philanthropic nature, but not a penal or mental institution," as an allowed use without restriction. Also, there is no definition of "church," nor of "religious institution." Further, the special use regulations list as an allowable special use a "church or other place of worship, or Sunday school," without comment regarding districts in : which such are allowed. As a result, the interpretation to date has been that the special use regulations reauire a special use permit for churches, regardless of the district they are located in and irrespective of the allowance of religious institutions in "R-4" Districts. It is the City Planner's opinion that the original intention was to include churches as an allowable use (religious institution) in R-4 Districts, which would then automatically � "stack" such uses into G 1, C-2 and C-3 districts as well. It is not felt that there is sufficient reason to require special use permits for churches in R-4, C-1, C-2 and C-3 Districts, where many uses are functionally similar in many aspects. The proposed amendments would retain special use permits for churches in R-1, R-2, and R-3 zones. However, there is sufficient reason to reauire special use permits for churches in R-1, R-2, and R-3 Districts (to protect residential uses, ensure proper access, signage, etc.) The ordinance proposed for consideration for first reading is included in the agenda packet (for the Janaury 18 council meeting). The staff recommends adoption of this ordinance. Respectfully submitted, � DG�" ��7.,,�� L4�4� j�� /J. Ronald Fischer City Manager ��r��- ent M. Bratton City Planner k., � KA�B/JRF/kap Attachment f MISSOURIAN, Cape Girardeau, Mo., FN., Nov.30, 1990--Page 13A ; � i : PUBLTC NOTIC� P�UBLIC NOTIC�. � ; NOTICE OF SALE INVITATION TO BID ' Notice is hereby given that on Decem- Sealed Bids will be received by the � ber 8, 1990 at 12:00 p.m. a public Cape Special Road District, Route 2, sealed bid auc6on will be heid for the gox 549E, Cape Girardeau, MO 63701, purpose of sa6s(ying a landlords lien. The goods are described as unknown, for two new dump trucks. ; The terms of the sale are cash or Prices will be received until 10:00 a.m. certified check. Bids will be taken until Dec. 11, 1990. 11:30 a.m. Personal property heretofore Requirement� and specifications may stored with the undersigned by: Artis be picked up at the district office or will McPherson. be mailed upon request. � The sale will be held at the following Cape Special Road District Route 2, Box 549E � location: � ARMOR MINI STORi4GE SOUTH Cape Girardeau,MO 63701 �. 832 SOUTH KINGSHIGHWAY Phone Number:335-5465 � CAPE GIRARDEAU, MO.63701-7608 (Nov.23,30;Dec.7, 1990) ; (Nov.30, 1990) � i City of Cape Girardeau,Missouri � NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the Ciry of Cape Girardeau, Missouri, � will hold a public hearing on proposed amendments to the Zoning Ordinance and to the Subdivision Regulations of the City of Cape Girardeau at the Council's regular � meeting at 6:00 p.m.,on Wednesday, December 19, 1990.The purpose of the hear- � ing will be to discuss and receive public comments on the following proposed amend- � ments: Zoning Ordinance 1.Sec.30-27."R-4"multiple dwelling district regulations. (b)Use regulations.A building or premises shali be used only for the following pur- i poses: � � (13) Residential or outpatient facilities for the treatment of alcohol or other drug abuse for not exceeding twenty (20) persons residing in the building at one time, with a Special Use permit only. ? 2.Sec.30-28."C-1"local commercial district regulations. ; (b) Use regulation.A building or premises shall be used only for the fo�lowing pur- j poses: (16) Residential or outpatient facilities for the treatment of alcohol or other drug abuse for more than twenty(20)persons residing in the building at one time,with a � Special Use Permit only. 3.Sec.30-39.Speciai use regulations. 3 (d)Special uses. � (29) Residential or outpatient facilities for the treatment of alcohol or other drug ' abuse for not exceeding twenry (20) persons in "R-4" districts, or for more than twenty(20)persons in "C-1"districts,with the provision that no special use permit shall be issued for such a faciliry unless the applicant for such permit provides evi- � dence that he has provided written notification of the proposed placement of the fa- � ciliry to the owner or owners of property located within one hundred eighty-five (185)feet of the boundaries of the property on which the Veatment faciliry is to be located. Further, the exterior appearance of the treatment facility shail reasonably conform to the exterior appearance of other buildings in the vicinity and a treat- ment faciliry shall not be located closer than three hundred seventy (370) feet to anv other substance abuse facility. � s � • T � Page 14A--SOU7HEAST MISSOURIAN, Cape Girardeau, Mo., Fri., �� ' q � ��° ,. �;�� M<�, � : � ��:� � � , �� . � � � � � �: �� o��.�P�en�,bu�a�° �' � . � .�� . �y� € N € ��. '�� d � YS � � 'b:.3% � h . � �..,. 4.0 c #ta, u� �C . . . . . M� �.�� Y S�MU HUG will conduct toy run CAPE GIRARDEAU — The ;;:��,� Southeast Missouri Harley Owner Make ShOpplllg "'""'�� Group (SEMO HOG) will conduct More Convenient, - - '" its run for toys and food here Sun- Apply F01' YOUI' S110 CI'@d'It � day afternoon. "We'll start at Steak and Shake at SALE PRICES EFFECTIVE THRU DECEM West Park Mall at 1 p.m.," said Special Holiday Hours: Sonny Minor of Minor's Harley Friday, November 30th-9am• Davidson&Suzuki Sales,Inc. "We Saturday, December 1 st-9arr will parade to Pizza Hut, where the parade will disband." �'�"�'°�°�� Anyone may participate in the pa- rade," said Minor. "You don't have to ride a Harley Davidson to enter the parade. You can ride any cycle, or drive a car or truck." TFie price of admission for partic- ipation is a toy and a can of food, which will be donated to the Mis- souri Uivision of Family Services, said Minor. .. ___' __ _.. .. . _...�.� .�......� _"_""'� _'_"'_"_�_'___.._. (b)Use regula6ons.A building or premises shall be used only for the following pur- poses: (10) Home for eight(8)or fewer unrelated mentally or physically handicapped per- sons,including no more than two(2)additional persons acting as houseparents or guardians who need not be related to each other or to any of the handicapped per- sons residing in the home,provided that: ' a.The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood;and b. Such home shall not be located closer than three hundred sevenry (370)feet to any other such home. � 5.Sec.30-27."R-4"multiple dwelling district regulations. (b)Use regulations.A bui�ding or premises shail be used only for the following pur= � poses: ; (14) Home for nine (9) or more unrelated mentally or physically handicapped per- sons, including additional persons acting as houseparents or guardians who need j ' not be related to each other or to any of the handicapped persons residing in the home,provided that: a a.The exterior appearance of the home and property shall reasonably conform to the exterior appearances of other buildings in the vicinity;and b. Such home shall not be located closer than three hundred seventy (370)feet ;; to any other such home. 6.Sec.30-24."R-1"single-family dwel�ing district regulations. � (b)Use regulations.A building or premises shall be used only for the following pur- poses: ' (11) A private residence �icensed by the Missouri Division of Family Services or � Missouri Department of Mental Health to provide foster care to one(1)or more,but less than seven (7), children who are unrelated to either foster parent by blood, ' marriage or adoption,provided that all applicable building and safery codes are met � and an occupancy permit is issued therefor. ° 7.Sec.30-27."R-4"multiple dwelling district regulations. (b)Use regulations.A building or premises shall be used only for the following pur- f poses: ; (15) A structure licensed by the Missouri Division of Family Services or Missouri Department of Mental Health to provide foster care to seven (7) or more children who are unrelated to either foster parent by blood, marriage or adoption, provided that all applicable building and safety codes are met and an occupancy permit is � issued therefor. Subdivision Regulations(Note:Proposed additions are underlined.) ! 1.Sec.25-8.Approval of subdivision plats. E Every subdivision of land within the area shall be shown upon a plat and submitted first to the commission for its recommendation for approval or disapproval, and then to the ciry council tor its approval or disapproval.All final record plats shail be submitted first to the commission for its recommendation and then to the ciry coun- cil for its consideration and approval or disapproval. Ali subdivision plats,whether � sketch preliminary,or final,shall also be subject to review by the administrative of- ! ficer. No plat shall be recorded in the office of the recorder of deeds and no lots E shali be sold from such plat unless and until such plat is approved as provided for in this chapter. 2.Sec.25-51.Submission of record plat. The record plat which shaii be on tracing cloth, drafting film,or the equivalent, to- gether with copies of any deed restrictions which are required by ordinance,where such are too lengthy to be shown on the plat, a�d accompanied by tender of ap- propriate fees as outlined in section 25-54, 25-55,or 25-56,shall be submitted first to the commission for its recommendation and then to the ciry council for final ap- proval. Upon approval of the record plat by the city council, the ciry clerk, at the council's direction,shall sign the plat with the date of such approval and shall affix the seal of the city. Approval of the record piat by the city councii shall constitute approval of any variances from these regulations incorporated therein. Julie A.Dale, Deputy City Clerk,Ciry of Cape Girardeau,MO 'ovember 30, 1990) , 0 � � ncamng tne paraae wui be �anta and 1VL�s.Claus. "Toys and food may be dropped off at 905 Enterprise,at the Harley- Davidson dealership,"said Minor. � Collector's office ; sets Saturday hours JACKSON - To assist county � � ' � � I residcnts wanting to pay tax bills in person, Cape County Collector �(arold Kuehlc said Thursday that his offices would be open on Satur- Famous Maker day mornings during Dcccmbcr. InCludes Beginning this Saturday, the of- SqG�;�'• TPI Od fices will be open from 8 a:m. until L�� noon. On Monclay through Friday, the ] 99 � offices :u�e open from 8 a.m. until SAVE$220!Famous Maker 4:�0 p.ITI. FuII�Size VHS Camcorder Package � The collector's offices are located •2 lux•Flyinq erase head•Nigh-speed shu�ter in the Cammon Pleas Courthouse '1i2"cc��o wau i�9m•Inciudes case&tripod •Two page titlec(171389PKG)Package Reg.$102( Annex in Cape and in the County �SAVE$10!SIMA Camcorder Light (SL1)Reg 3 Administration Building in Jack- • r� son. SoivY_ =l �� ,:,,:, �� , ��i � � Home educators - - , „, � gather Thursday c �30.. �:� CAPE GIRARDEAU — Missis- 99�� sippi Valley Hume Educators will 899 �� hold a field trip 'Thursday at the SONY Smm New Compact Camcorder SAVE CA e Girardeau Fire Station 1. •sx P°'"e`Z°°m'E'�•Palm-sized•Weighs •110-� � jus�1 5 Ibs-•4-speed shu�ter to 1:4000 sec event Those participating � c1SECCd t0 •S lux ligh�sensi6vily(CCDTR4) Srop. mcct at the statiun at 10 a.m. -----------^ ; The group will hold its regular — � meeting Uec. 13 at 3 p.m. at the KENWD�D Cape Bible Chapel on Kage Road. - — _ Children's presentations will be ��OCM�`°� '�� on the theme, "Jesus' Birthday." ��«.�� :� • ,,_ �� , Vietnam veterans �( 1�, �� will meet Thursday - CAPE GIRARDEAU—The area � ` Vietnam Veterans and Support Group will meet Thursday at the INCLUDES American Legion Post 63 over COMPACT � Beards Sports Shop. "'� The group will meet again Dec. ��$� = ^ 20 at the Cape VFW Hall. Both P�Ayf.�� " �:�°`°"��' meetings begin a[7:30 p:m. ,� � S�� ,- All Vietnam veterans, Viet vet ,�' q , � ` ..�..••..,... .,.,� ;.,rPrP�rPri nersons are � <. �° , PUBLISHER'S AFFIDAVIT State of Missouri County of Cape Girardeau �ss. Before me, the undersigned, a Notary Public, this day personal- - lycame Irvin Landewee who, being first duly sworn, according to (aw upon his oath, says that he is Advertising P�Ianager of the Southeast Missourian, a newspaper published in the City of Cape Girardeau, in Cape Girardeau County and State of Missouri, and that the publication, of which the annexed is a true copy, was published in said paper on the ��th day of December �q 88 day of a q day of )q NOTICE OF PUBLIC HEARING day of �9 The City Council of the City of Cape Girardeau will hold a public hearing at day Of )9 7:30 p.m. on January 18, 1989, in the day of �q Council Chambers in City Hall at 401 In-! dependence in Cape Girardeau, Mis- day of l9 souri, for the purpose of considering amendments to the Zoning Ordinance anc; Subdivision Regulations of the City of Cape Girardeau, Misso4ri, as stated below: 1. Section 30-3--Refinement of the (appearing once a week on the some day of each week) and further soys that said zoning definition Of a "Basement' to newspaper is a daily newspaper printed and published in th e City of Cape Girardeau and State of Missouri and has a general circulation in the City of Cape Girardeau and State of ConfO�m the City COde wlth BOCA Missouri and has a general circulotion in the City and County of Cape Girardeou and State COdes. of Missouri,and has had such general circulation in said county continuously,regularly and 2. SeCtiOns 30-27 and 30-38-- consecutively for o period of more than ten years next before the date of the first publica- Amendments to the ZOning Cpd@ to tion mentioned above, ond has been likewise continuously, regularly and consecutively allow churches in R-4, C-1, C-2 and published up to the time of the making of this affidavit for a period of more fhan ten years C-3 ZOnes WIthOUt a Sp@Ci81 USe nezt before the date of ihe jurat to this publisher's affidavit or proof of publication,and thot permit and in R-1, R-2 and R-3 zones the rate charged therefore is not in excess of the rate allowed by the laws of the State of with a special use permit. Missouri, ond that said Southeast Missourian has been odmitted to the United States Post 3. SeCtions 30-29 and 30-30—Zonin Office as second class matter in the City of Cape Girardeau, Missouri; and that said 9 newspaper has a list of bona fide subscribers voluntarily engoged as such who have paid or amendmentS to allOw �eslden6al uses agreed to pay a stated price for a subscription for o definite period of time, and that soid in C-2 and C-3 Zones without SpeClal newspaper and its publishers have complied with each and every provision of the laws of u5e pefmlts. Missouri and parficularly with the provisions of Settion 13775 of the Revised Statues of 4. SeCtlon 25-63--Amendment of the Missouri, 1929, as amended, and approved on N)ay 11, 1931, as appears in the Laws of SubdiVision RegulatiOns to provide f0� Missouri 1931 at page 303. � � deed restrictions on douWe fronting; � � '� ~ lots in order to limit access to one � �-�i' �r.•i:L- _ �f l...t .� L`.. 1 y �� 4 street or the other. Subscribecf �nd sworn to before me this 5th da of The purpose of this hearing is to allow J anuary �9 the Council to hear and receive public ,19 comments from all interested persons ,� ; who desire to be heard. Notary Public. Evelyn G. LeGrand,City�Clerk Q4alifi�d :nd commissioned for a ter City of Cape Girardeau,Missouri . ,�.(��,�,�l� �Jora�y k�u ,�i: (December30, 1988.) -- St�te �� '��t`'°c�ri C�pe :airardeau CounTy My Commissior� Expires, May 5, 199� Publication Fee 1�2.28 Cope Girardeau, Mo. ,19 Southeast Missourian Div. of Cape-Mississippi Development Co. Received of DOLLARS charges in full for above publication. �oo Div. of Cape-Mississippi Development Co. By