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HomeMy WebLinkAboutOrd.5831.2025-05-05 BILL NO 25-44 ORDINANCE NO 5g 3) 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) Funeral homes or mortuaries (9) Governmental facilities (10) Health or fitness centers (11) Hospitals 1 (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 2 (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 3 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, 4 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) 5 fi (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 1 e t -r ea1dd,zr; *nti*4 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 In order 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 6 (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 (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 (2 6) 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 7 li (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 8 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, medallions, mosaics, 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 9 1 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 10 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 11 [ PASSED AND APPROVED THIS ƒ� DAY OF ƒ , 2025 1111 ,., IMIlk Stacy Ki .e , Bayo£ ATTEST ,,;( 66;,dVad Gayle Conrad, City Clerk : -i ;Atf1R4114 ^ ® w� St* 1:(t ` \\ ƒ* % ! : i ~ t\* Villi,, \ `\ tei- / :\ {\ 1 < :4.04 , , ,r si 4 �w { ( 12