HomeMy WebLinkAboutOrd.5694.11-06-2023 BILL NO. 23-159 ORDINANCE NO. 5(p q1i(
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, REGARDING CBD, CENTRAL BUSINESS
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1 . Section 30-65, entitled "CBD, Central Business
District", of Article III of Chapter 30 of the City Code,
reading as follows :
Sec. 30-65 . CBD, Central Business District.
(a) Purpose. The .CBD is the city' s urban mixed-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) Comprehensive marijuana dispensary facilities, medical
marijuana dispensary facilities, or microbusiness
dispensary facilities, as permitted in section 30-118 .
(9) Funeral homes or mortuaries.
(10) Governmental facilities .
1
(11) Health or fitness, centers .
(12) Hospitals .
(13) Hotels or motels .
(14) Institutions of higher education, including
universities and business, career, or technology schools.
(15) Instructional schools for art, dance, music, martial
arts, or other disciplines .
(16) Libraries .
(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 manufactured homes .
(26) Restaurants or bars.
(27) Retail or rental establishments .
(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 30-106.
(2) Short-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(3) Solar energy systems, as permitted in section 30-113 .
(d) Special uses.
(1) Any use not meeting the requirements of subsection (e) (1)
of this section 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 30-105 .
(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 30-107 .
(8) The allowance of additional height up to a total of 60
feet, not to exceed five stories .
(9) Wind energy conversion systems, as permitted in section
30-113 .
(e) Standards.
(1) All permitted uses shall be conducted entirely indoors
except the following:
a. Drive-through 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 subsection (c) (2)
of this section.
k. Solar energy systems, as permitted in subsection (c) (3)
of this section.
1 . Temporary uses, as permitted in section 30-109 .
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. 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:
a . Disrupt an existing pattern of setbacks along a street;
b. Disrupt an existing pattern of buildings being oriented
toward a street; or
c. 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 .
(4) CBD design standards approval .
a . Except as provided for in subsection (e) (5) of this
section, CBD design standards approval shall be
required for any new building or any exterior
alteration or addition to an existing building,
excluding signs and ordinary maintenance and repair.
b. Application for CBD design standards approval shall be
submitted to the city manager using a form provided by
the city and contain all necessary information as
determined by the city manager. Such application shall
be processed administratively in accordance with
procedures established by the city manager.
(5) Certificate of appropriateness.
a. A certificate of appropriateness shall be required for
any of the following:
1 . Demolition in whole or in part of any building,
excluding any building demolished by the city
pursuant to chapter 7, article XIII of this Code;
2 . Painting of an unpainted surface on the exterior of
any building, excluding new construction;
3 . Painting of an exterior wall and the roof, trim, or
architectural details attached thereto or contained
therein, in the same color, unless such condition
already exists; or
4 . Addition or alteration of a mural on the exterior
of any building. For the purposes of this section,
the term "mural" means any sign or piece of graphic
artwork that is painted or applied directly to a
wall, roof, or other portion of a building.
b.. Application for a certificate of appropriateness shall
be submitted to the city manager using a form provided
by the city and contain all necessary information as
determined by the city manager. Such application shall
be processed in accordance with the criteria and
procedures set forth in section 30-74 (j ) through (r) .
(f) Height, area, width, density, setback, and open space
requirements.
(1) Maximum height : 40 feet, not to exceed three 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.
c. Side yard: None.
(6) Minimum open space: None.
s _hereby_repealed in its entirety and a new Section 30-65,
entitled "CBD, Central Business District", of Article III of
Chapter 30 of the City Code, is hereby enacted in lieu thereof,
in words and figures, to read as follows, to-wit:
Sec. 30-65 . CBD, Central Business District.
(a) Purpose. The CBD is the city' s urban mixed-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 30-118 .
(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 manufactured homes .
(26) Restaurants or bars.
(27) Retail or rental establishments .
(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 30-106.
(2) Short-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(3) Solar energy systems, as permitted in section 30-113 .
(d) Special uses.
(1) Any use not meeting the requirements of subsection (e) (1)
of this section 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 30-105 .
(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 30-107 .
(8) The allowance of additional height up to a total of 60
feet, not to exceed five stories .
(9) Vehicle fueling, service or repair facilities, excluding
body or paint shops .
(10) Wind energy conversion systems, as permitted in section
30-113.
(e) Standards.
(1) All permitted uses shall be conducted entirely indoors
except the following:
a. Drive-through 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 subsection (c) (2)
of this section.
k. Solar energy systems, as permitted in subsection (c) (3)
of this section.
1 . Temporary uses, as permitted in section 30-109.
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 . 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:
a. Disrupt an existing pattern of setbacks along a street;
b. Disrupt an existing pattern of buildings being oriented
toward a street; or
c. 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 .
(4) CBD design standards approval .
a . Except as provided for in subsection (e) (5) of this
section, CBD design standards approval shall be
required for any new building or any exterior
alteration or addition to an existing building,
excluding signs and ordinary maintenance and repair.
b. Application for CBD design standards approval shall be
submitted to the city manager using a form provided by
the city and contain all necessary information as
determined by the city manager. Such application shall
be processed administratively in accordance with
procedures established by the city manager.
(5) Certificate of appropriateness .
a. A certificate of appropriateness shall be required for
any of the following:
1 . Demolition in whole or in part of any building,
excluding any building demolished by the city
pursuant to chapter 7, article XIII of this code;
2 . Painting of an unpainted surface on the exterior of
any building, excluding new construction;
3 . Painting of an exterior wall and the roof, trim, or
architectural details attached thereto or contained
therein, in the same color, unless such condition
already exists; or
4 . Addition or alteration of a mural on the exterior
of any building. For the purposes of this section,
the term "mural" means any sign or piece of graphic
artwork that is painted or applied directly to a
wall, roof, or other portion of a building.
b. Application for a certificate of appropriateness shall
be submitted to the city manager using a form provided
by the city and contain all necessary information as
determined by the city manager. Such application shall
be processed in accordance with the criteria and
procedures set forth in section 30-74 (j ) through (r) .
(f) Height, area, width, density, setback, and open space
requirements.
(1) Maximum height: 40 feet, not to exceed three 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 .
c. Side yard: None.
(6) Minimum open space: None.
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 jp DAY OF 71Q ve ier 2023 .
Stacy Kin er la.yor
ATTEST: -"I,RAt
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