HomeMy WebLinkAboutOrd.5803.12-02-2024 BILL NO. 24-127 ORDINANCE NO. O
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, REGARDING HEIGHT AND AREA EXCEPTIONS
AND MODIFICATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . Section 30-116, entitled "Height and area
exceptions and modifications", of Article IV of Chapter 30 of
the City Code, reading as follows :
Sec. 30-116 . Height and area exceptions and modifications .
(a) Generally. The regulations hereinafter set forth in this
section qualify br supplement, as the, case may be, the
district regulations appearing elsewhere in this chapter.
(b) Height. The height regulations heretofore established shall
be adjusted in the following cases :
(1) Schools, public buildings and institutions may be erected
to any height in any district in which they are permitted,
provided front and rear yards are increased in depth and
side yards are increased in width two feet for each foot
of height that the building exceeds the height regulations
of the district in which it is located.
(2) The height regulations prescribed herein shall not apply
to grain elevators, television and radio towers, church
spires, belfries, monuments, tanks, water and fire towers,
stage towers or scenery lofts, cooling towers, ornamental
towers and spires, chimneys, elevator bulkheads,
smokestacks, conveyors and flagpoles, provided the height
of these structures does not violate any ordinance of the
city.
(3) The limitation on number of stories shall not apply to
buildings used exclusively for storage purposes, provided
such buildings do not exceed the height in feet permitted
in the district in which they are located.
(c) General area exceptions and modifications. The area
regulations heretofore established shall be adjusted in the
following cases :
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(1) Every part of a required yard shall be open to the sky,
unobstructed by a building, except for accessory buildings
in a rear yard, and except for the ordinary projection of
sills, belt courses, cornices, and ornamental features not
to exceed 12 inches .
(2) Open or lattice-enclosed fire escapes, required by law,
projecting into a yard not to exceed 31� feet and the
ordinary projection of chimneys and pilasters shall be
permitted by the city engineer when placed so as not to
obstruct light and ventilation.
(3) Terraces, uncovered porches and ornamental features which
do not extend more than three feet above the floor level
of the ground (first) story may project into a required
yard, provided these projections be distant at least two
feet from the adjacent side lot line.
(4) Where a lot or tract is used for educational,
institutional, motel, hotel, commercial, or industrial
purposes, more than one main building may be located upon
the lot or tract, but only when such buildings conform to
all open space requirements around the lot for the
district in which the lot or tract is located.
(d) Front yards. The front yards heretofore established shall be
adjusted in the following cases :
(1) Where 40 percent or more of the frontage on the same side
of a street between two intersecting streets is developed
with buildings that have observed a front yard greater in
depth than herein required, new buildings shall not be
erected closer to the street than the average front yard
so established by the existing buildings, except in the M-
1 and M-2 districts .
(2) Where 40 percent or more of the frontage on one side of a
street between two intersecting streets is developed with
buildings that do not have a front yard as described
above, then:
a. Where a building is to be erected on a parcel of land
that is within 100 feet of existing buildings on both
sides, the minimum front yard shall be a line drawn
between the two closest front corners of the adjacent
building on each side;
b. Where a building is to be erected on a parcel of land
that is within 100 feet of an existing building on one
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side only, such building may be erected as close to the
street as the existing adjacent buildings; or
c. Where a building is to be erected on a parcel of land
that is more than 100 feet from any building on either
side, a front yard having a depth of not less than 25
feet shall be provided.
(3) Interior lots abutting on two streets shall provide the
required front yard on both streets .
(4) On corner lots, a front yard shall be provided on each
street except on lots of record.
(5) An unenclosed balcony or unenclosed porch may project into
a front yard for a distance not exceeding ten feet . An
enclosed vestibule containing not more than 40 square feet
may project into a front yard for a distance not to exceed
four feet.
(6) Vehicle fueling station pumps, pump islands and canopies
may be located within a required yard provided they are
not less than 15 feet distant from any street line and not
less than 50 feet distant from any R district.
(7) In any R district, no fence, structure, or planting shall
be maintained within 30 feet of any street intersection.
(e) Side yards. The side yards heretofore established shall be
adjusted in the following cases :
(1) Commercial or industrial buildings used in part for
dwelling purposes shall provide side yards not less than
five feet in width unless every dwelling room opens
directly upon a front yard, rear yard, or court .
(2) For the purpose of the side yard regulations, a two-
family, or a multifamily dwelling shall be considered as
one building occupying one lot .
(3) Whenever a lot of record at the time of the passage of
this chapter has a width of less than 50 feet, the side
yard on each side of a building may be reduced to a width
of not less than ten percent of the width of the lot, but
in no instance shall it be less than four feet.
(4) On corner lots of record, there shall be a side yard
adjacent to the side street of not less than ten feet.
(5) A porte cochere, carport or canopy may project into a
required side yard, provided every part of such porte
cochere, carport or canopy is unenclosed except for
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necessary structural supports and not less than five feet
from any side lot line .
(f) Rear yards. The rear yards heretofore established shall be
adjusted in the following cases : Where a lot abuts upon an
alley, one-half the alley width may be considered as part of
the required rear yard.
(g) Lot per family. Where a lot of record at the time of the
effective date of the ordinance from which this chapter is
derived or a lot in a subdivision which the city council has
officially approved and agreed to accept at the time of the
effective date of the ordinance from which this chapter is
derived has less area or width than herein required in the
district in which it is located, such lot may nonetheless be
used for a one-family dwelling or for any other non-dwelling
use permitted in the district which it is located.
`is herebyrepealed in its entirety and a new Section 30-116,
entitled "Height and area exceptions and modifications", of
Article IV of Chapter 30 of the City Code, is hereby enacted in
lieu thereof, in words and figures, to read as follows, to-wit:
Sec. 30-116 . Height and area exceptions and modifications .
(a) Generally. The regulations hereinafter set forth in this
section qualify or supplement, as the case may be, the
district regulations appearing elsewhere in this chapter.
(b) Height. The height regulations heretofore established shall
be adjusted in the following cases :
(1) Schools, public buildings and institutions may be
erected to any height in any district in which they are
permitted, provided that front and rear yards are
increased in depth and side yards are increased in width
two feet for each foot of height that the building
exceeds the height regulations of the district in which
it is located.
(2) The height regulations prescribed herein shall not apply
to grain elevators, television and radio towers, church
spires, belfries, monuments, tanks, water and fire
towers, stage towers or scenery lofts, cooling towers,
ornamental towers and spires, chimneys, elevator
bulkheads, smokestacks, conveyors and flagpoles,
provided that the height of such structures does not
violate any ordinance of the city.
(3) The limitation on number of stories shall not apply to
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buildings used exclusively for storage purposes,
provided that such buildings do not exceed the maximum
height in feet for the district in which they are
located.
(c) General area exceptions and modifications. The area
regulations heretofore established shall be adjusted in the
following cases :
(1) Every part of a required yard shall be open to the sky,
unobstructed by a building, except for accessory
structures and the ordinary projection of sills, belt
courses, cornices, and ornamental features, provided
that such projection does not exceed 12 inches .
(2) Open or lattice-enclosed fire escapes required by law
and projecting into a required yard by no more than 31.2
feet, and the ordinary projection of chimneys and
pilasters shall be permitted, provided that such
features do not to obstruct light and ventilation.
(3) Terraces, uncovered decks, uncovered porches, and
ornamental features that do not extend more than three
feet above the floor level of the ground (first) story
may project into a required yard, provided that such
features are at least two feet from the side lot lines .
(4) Accessory structures greater than 150 square feet in
area shall be permitted within a required rear yard,
provided that such structures are at least ten feet from
the rear lot line and conform to all other setback
requirements .
(5) Where a lot is used for nonresidential purposes, more
than one principal structure may be located upon the
lot, provided that such structures conform to the
height, setback and open space requirements of the
district in which the lot is located.
(d) Front yards. The front yards heretofore established shall be
adjusted in the following cases :
(1) Where 40 percent or more of the frontage on one side of
a street between two intersecting streets is developed
with buildings that have observed a front yard greater
in depth than herein required, new buildings shall not
be erected closer to the street than the average front
yard so established by the existing buildings, except
in the M-1 and M-2 districts .
(2) Where 40 percent or more of the frontage on one side of
a street between two intersecting streets is developed
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with buildings that do not have a front yard as
described above, then:
a. Where a building is to be erected on a parcel of
land that is within 100 feet of existing buildings
on both sides, the required front yard shall be
established by a line drawn between the closest
front corner of the adjacent building on one side
and the closest front corner of the adjacent
building on the other side;
b. Where a building is to be erected on a parcel of land
that is within 100 feet of an existing building on
one side only, such building may be erected as close
to the street as the existing adjacent building; or
c. Where a building is to be erected on a parcel of land
that is more than 100 feet from any building on
either side, the required front yard shall be 25
feet.
(3) On interior lots having frontage on more than one
street, a front yard shall be provided along each
street .
(4) On corner lots, a front yard shall be provided along each
street, except on corner lots of record.
(5) Unenclosed balconies and unenclosed porches may project
into a front yard by no more than ten feet. Enclosed
vestibules containing not more than 40 square feet may
project into a front yard by no more than four feet.
(6) Vehicle fueling station pumps, pump islands and
canopies may be located within a required yard
provided that they are at least 15 feet from any
street line and at least 50 feet from any R district .
(7) No structure, wall, or fence, nor any plant exceeding a
height of two feet at maturity, shall be placed,
constructed, installed, or planted within 30 feet of any
street intersection in any R district. This requirement
shall not apply to a retaining wall, or to a fence
having an open surface area of at least 75 percent,
provided that the city manager has determined that such
wall or fence will not obstruct sight distance and that
such wall or fence conforms to all other requirements of
the city code .
(e) Side yards. The side yards heretofore established shall be
adjusted in the following cases :
(1) Commercial or industrial buildings used in part for
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dwelling purposes shall provide side yards not less than
five feet in width unless every dwelling room opens
directly upon a front yard, rear yard, or court.
(2) For the purpose of the side yard regulations, a two-
family (duplex) or multifamily dwelling shall be
considered as one building occupying one lot .
(3) On lots of record having a width of less than 50 feet,
each required side yard may be reduced to ten percent
of the lot width or four feet, whichever is greater.
(4) On corner lots of record, a front yard shall be provided
along the street to which the main entrance of the
building is oriented. A side yard of 10 feet shall be
provided along the other street (s) .
(5) A porte cochere, carport or canopy may project into a
required side yard, provided that such porte cochere,
carport or canopy is unenclosed except for necessary
structural supports and is at least five feet from any
side lot line.
(f) Rear yards. The rear yards heretofore established shall be
adjusted in the following cases : Where a lot abuts upon an
alley, one-half the alley width may be considered as part
of the required rear yard.
(g) Lot per family. Where a lot of record or a lot in a
subdivision which the city council has officially approved
at the time of the effective date of the ordinance from
which this chapter is derived has less area or width than
herein required in the district in which it is located,
such lot may nonetheless be used for a single-family
dwelling or for any nonresidential use permitted in the
district which it is located.
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.
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ARTICLE 4 . This ordinance shall be in full force and
effect ten days after its passag
e and approval .
PASSED AND APPROVED THIS DAY OF (�2Ce11�bPf 2024 .
Stacy Kinde , a r
ATTEST :
Traci Weissmueller, Deputy City Clerk
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